Power and duties of the Director of Labor and Industries
Who is exempt from electrician certification requirements
What happens when a person or company violate this chapter
Penalties imposed on violators
RCW 19.28.251
Powers and duties of
director -- Administration of RCW 19.28.161
through 19.28.271
by the department.
The director may promulgate rules, make specific decisions, orders, and rulings, including demands and findings, and take other necessary action for the implementation and enforcement of RCW 19.28.161 through 19.28.271. In the administration of RCW 19.28.161 through 19.28.271 the department shall not enter any controversy arising over work assignments with respect to the trades involved in the construction industry.
| Author's comment: This section makes it perfectly clear that the rules for licensing are mutually exclusive of labor agreements. In other words, it does not matter which trade union a person may be in, if they satisfy the requirements for obtaining a certificate of competency they can be granted a license and perform the work. |
RCW 19.28.261
Exemptions from RCW 19.28.161
through 19.28.271.
| Author's comment: This section delineates the exemptions to the requirements for obtaining a certificate of competency for doing electrical work. |
(1) Nothing in RCW 19.28.161 through 19.28.271 shall be construed to require that a person obtain a license or a certified electrician in order to do electrical work at his or her residence or farm or place of business or on other property owned by him or her unless the electrical work is on the construction of a new building intended for rent, sale, or lease.
| Author's comment: This rule found in other state's laws is often cited as an example of where privacy is more important than personal safety. In other words, if a person wants to wire his or her own buildings where the public is not invited, then they are entitled to do this. However, if the public rents, leases, or is purchasing the new building then the wiring must be performed using a certified electrician. The question that always comes up is: What if the property is personal property but is put up for sale or rented at a later date? This is one of those "gray areas." |
However, if the construction is of a new residential building with up to four units intended for rent, sale, or lease, the owner may receive an exemption from the requirement to obtain a license or use a certified electrician if he or she provides a signed affidavit to the department stating that he or she will be performing the work and will occupy one of the units as his or her principal residence.
The owner shall apply to the department for this exemption and may
only receive an exemption once every twenty-four months. It is intended that the
owner receiving this exemption shall occupy the unit as his or her principal
residence for twenty-four months after completion of the
units.
(2) Nothing in RCW 19.28.161
through 19.28.271
shall be intended to derogate from or dispense with the requirements of any
valid electrical code enacted by a city or town pursuant to RCW 19.28.010(3),
except that no code shall require the holder of a certificate of competency to
demonstrate any additional proof of competency or obtain any other license or
pay any fee in order to engage in the electrical construction
trade.
| Author's comment: This section clearly disallows a city or town to require additional certificates of competency to perform electrical work. In many other states, cities, towns, or counties adopt their own licensing laws. This is not allowed in the Sate of Washington! |
(3) RCW 19.28.161
through 19.28.271
shall not apply to common carriers subject to Part I of the Interstate Commerce
Act, nor to their officers and employees.
| Author's comment: One of the areas of law that is sometimes difficult is to understand are the exemptions. Many federal rules take precedence over Sate Law. In general, federal law prevails when there is a conflict between sate law and federal law. |
(4) Nothing in RCW 19.28.161 through 19.28.271 shall be deemed to apply to the installation or maintenance of telephone, telegraph, radio, or television wires and equipment; nor to any electrical utility or its employees in the installation, repair, and maintenance of electrical wiring, circuits, and equipment by or for the utility, or comprising a part of its plants, lines or systems.
| Author's comment: This rule makes it clear that Linemen working for utilities do not have to have a certificate of competency. However, WAC 296-46B-010 does adopt the National Electrical Safety Code as a standard by reference. This is the outside code that covers linework. |
(5) The
licensing provisions of RCW 19.28.161
through 19.28.271
shall not apply to:
(a) Persons making
electrical installations on their own property or to regularly employed
employees working on the premises of their employer, unless the electrical work
is on the construction of a new building intended for rent, sale, or
lease;
(b) Employees of an employer while the
employer is performing utility type work of the nature described in RCW 19.28.091
so long as such employees have registered in the state of Washington with or
graduated from a state-approved outside lineman apprenticeship course that is
recognized by the department and that qualifies a person to perform such
work;
| Author's comment: Not only are the lineman working for utilities exempt from licensing, but so are the employees working for a line contractor. However, these linemen must be registered in the State of Washington with a state-approved and recognized outside lineman apprenticeship course or have graduated from a state-approved and recognized outside lineman apprenticeship course. |
(c) Any work exempted under RCW 19.28.091(6);
and
(d) Certified plumbers, certified
residential plumbers, or plumber trainees meeting the requirements of chapter
18.106 RCW and performing exempt work under RCW 19.28.091(8).
| Author's comment: Certified Plumbers working for a plumbing contractor are allowed to perform electrical work that is incidentally, directly, and immediately appropriate to the like in kind replacement of a household appliance and other small household utilization equipment that requires limited waste and/or water connections. |
(6) Nothing in RCW 19.28.161
through 19.28.271
shall be construed to restrict the right of any householder to assist or receive
assistance from a friend, neighbor, relative or other person when none of the
individuals doing the electrical installation hold themselves out as engaged in
the trade or business of electrical
installations.
(7) Nothing precludes any person
who is exempt from the licensing requirements of this chapter under this section
from obtaining a journeyman or specialty certificate of competency if they
otherwise meet the requirements of this chapter.
RCW 19.28.271
Violations of RCW 19.28.161
through 19.28.271
-- Schedule of penalties -- Appeal.
(1) It is unlawful for any person, firm, partnership, corporation, or other entity to employ an individual for purposes of RCW 19.28.161 through 19.28.271 who has not been issued a certificate of competency or a training certificate.
It is unlawful for any individual to engage in the electrical construction trade or to maintain or install any electrical equipment or conductors without having in his or her possession a certificate of competency or a training certificate under RCW 19.28.161 through 19.28.271.
| Author's comment: When an employee performs electrical work in violation of state licensing laws, both the employee and the employer can be cited. |
Any person, firm, partnership, corporation, or other entity found in violation of RCW 19.28.161 through 19.28.271 shall be assessed a penalty of not less than fifty dollars or more than five hundred dollars.
| Author's comment: The penalty of 50 to 500 dollars can be assessed for EACH DAY that a violation occurs. |
The department shall set by rule a schedule of penalties for violating RCW 19.28.161 through 19.28.271.
An appeal may be made to the board as is provided in RCW 19.28.131.
The appeal shall be filed within twenty days after the notice of the penalty is given to the assessed party by certified mail, return receipt requested, sent to the last known address of the assessed party and shall be made by filing a written notice of appeal with the department.
Any equipment maintained or
installed by any person who does not possess a certificate of competency under RCW 19.28.161
through 19.28.271
shall not receive an electrical work permit and electrical service shall not be
connected or maintained to operate the equipment.
Each day that a person, firm,
partnership, corporation, or other entity violates RCW 19.28.161
through 19.28.271
is a separate violation.
(2) A civil penalty
shall be collected in a civil action brought by the attorney general in the
county wherein the alleged violation arose at the request of the department if
any of RCW 19.28.161
through 19.28.271
or any rules adopted under RCW 19.28.161
through 19.28.271
are violated.
- Persons working on personal property
- Linemen working for utility companies and line contractors
- Certified Plumbers doing household appliance like in kind replacements
- Friends and relatives helping friends but not in business of doing electrical work
A person, firm, partnership, corporation, or other entity that employees person doing electrical work must insure they are licensed or be in violation of the law.
Persons doing electrical work must be licensed or be in violation of the law
Any person, firm, partnership, corporation, or other entity found in violation of RCW 19.28.161 through 19.28.271 shall be assessed a penalty of not less than fifty dollars or more than five hundred dollars.
Penalties can be assessed for each day a violation occurs
There is an appeal process for those that have been cited
The appeal must be filed within 20 days
This is the End of the Electrical Section.
The next section is the PROVISIONS APPLICABLE TO ELECTRICAL INSTALLATIONS AND TELECOMMUNICATIONS INSTALLATIONS
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