|
|
ELECTRICAL INSTALLATIONS AND
TELECOMMUNICATIONS INSTALLATIONS
Who is on the electrical board
How long members serve on the electrical board
Requirements for electrical inspection reports
How a license is revoked or suspended
Where the money derived from licensing goes
Rule exempting the State of Washington from liabilities
Medical Device exemption
Denial of renewal of certificate or license for outstanding penalties
(1) RCW 19.28.311
through 19.28.381
apply throughout this chapter.
(2) RCW 19.28.311
through 19.28.381
constitute the subchapter "provisions applicable to electrical installations and
telecommunications installations."
There is hereby created an electrical board, consisting of fourteen members to be appointed by the governor with the advice of the director of labor and industries as herein provided.
It shall be the purpose and function of the board to advise the director on all matters pertaining to the enforcement of this chapter including, but not limited to standards of electrical and telecommunications installation, minimum inspection procedures, and the adoption of rules pertaining to the electrical inspection division: PROVIDED, HOWEVER, That no rules shall be amended or repealed until the electrical board has first had an opportunity to consider any proposed amendments or repeals and had an opportunity to make recommendations to the director relative thereto.
The members of the electrical board shall be selected and appointed as follows:
One member shall be an employee or officer of a corporation or public agency generating or distributing electric power;
one member must be an employee or officer of a facilities-based telecommunications service provider regulated by the Washington state utilities and transportation commission;
three members shall be licensed electrical contractors: PROVIDED, That one of these members may be a representative of a trade association in the electrical industry;
one member shall be a licensed telecommunications contractor;
one member shall be an employee, or officer, or representative of a corporation or firm engaged in the business of manufacturing or distributing electrical and telecommunications materials, equipment, or devices;
one member shall be a person with knowledge of the electrical industry, not related to the electrical industry, to represent the public;
three members shall be certified electricians; one member shall be a telecommunications worker;
one member shall be a licensed professional electrical engineer qualified to do business in the state of Washington and designated as a registered communications distribution designer; and
one nonvoting member must be a building official from an incorporated city or town with an electrical inspection program established under RCW 19.28.141.
The regular term of each member shall be four years: PROVIDED, HOWEVER, The original board shall be appointed on June 9, 1988, for the following terms:
The first term of the member representing a corporation or public agency generating or distributing electric power shall serve four years;
two members representing licensed electrical contractors shall serve three years; the member representing a manufacturer or distributor of electrical equipment or devices shall serve three years;
the member representing the public and one member representing licensed electrical contractors shall serve two years;
the three members selected as certified electricians shall serve for terms of one, two, and three years, respectively; the member selected as the licensed professional electrical engineer shall serve for one year.
In appointing the original board, the governor shall give due consideration to the value of continuity in membership from predecessor boards. Thereafter, the governor shall appoint or reappoint board members for terms of four years and to fill vacancies created by the completion of the terms of the original members. When new positions are created, the governor may appoint the initial members to the new positions to staggered terms of one to three years. The governor shall also fill vacancies caused by death, resignation, or otherwise for the unexpired term of such members by appointing their successors from the same business classification. The same procedure shall be followed in making such subsequent appointments as is provided for the original appointments. The board, at this first meeting shall elect one of its members to serve as chairman.
Any person acting as the chief electrical inspector shall serve as secretary of the board during his or her tenure as chief state inspector. Meetings of the board shall be held at least quarterly in accordance with a schedule established by the board. Each member of the board shall receive compensation in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 which shall be paid out of the electrical license fund, upon vouchers approved by the director of labor and industries.
RCW 19.28.321
Enforcement -- State
electrical inspectors -- Qualifications -- Salaries and expenses.
The director of labor and industries of the state of Washington and the officials of all incorporated cities and towns where electrical inspections are required by local ordinances shall have power and it shall be their duty to enforce the provisions of this chapter in their respective jurisdictions.
The director of labor and industries shall appoint a chief electrical inspector and may appoint other electrical inspectors as the director deems necessary to assist the director in the performance of the director's duties.
The chief electrical inspector, subject to the review of the director, shall be responsible for providing the final interpretation of adopted state electrical standards, rules, and policies for the department and its inspectors, assistant inspectors, electrical plan examiners, and other individuals supervising electrical program personnel.
If a dispute arises within the department regarding the interpretation of adopted state electrical standards, rules, or policies, the chief electrical inspector, subject to the review of the director, shall provide the final interpretation of the disputed standard, rule, or policy.
All electrical inspectors appointed by the director of labor and industries shall have not less than:
Four years experience as journeyman electricians in the electrical construction trade installing and maintaining electrical wiring and equipment, or
two years electrical training in a college of electrical engineering of recognized standing and four years continuous practical electrical experience in installation work, or
four years of electrical training in a college of electrical engineering of recognized standing and two years continuous practical electrical experience in electrical installation work; or
four years experience as a journeyman electrician performing the duties of an electrical inspector employed by the department or a city or town with an approved inspection program under RCW 19.28.141, except that for work performed in accordance with the national electrical safety code and covered by this chapter, such inspections may be performed by a person certified as an outside journeyman lineman, under *RCW 19.28.261(2), with four years experience or a person with four years experience as a certified outside journeyman lineman performing the duties of an electrical inspector employed by an electrical utility.
Such state inspectors shall be paid such salary as the director of labor and industries shall determine, together with their travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
As a condition of employment, inspectors hired exclusively to perform inspections in accordance with the national electrical safety code must possess and maintain certification as an outside journeyman lineman.
The expenses of the director of labor and industries and the salaries and expenses of state inspectors incurred in carrying out the provisions of this chapter shall be paid entirely out of the electrical license fund, upon vouchers approved by the director of labor and industries.
RCW 19.28.331
Inspection reports.
If any inspection made under this chapter requires any correction or change in the work inspected, a written report of the inspection shall be made by the inspector, in which report the corrections or changes required shall be plainly stated.
A copy of the report shall be furnished to the person, firm, partnership, corporation, or other entity doing the installation work, and a copy shall be filed with the department.
RCW 19.28.341
Revocation or suspension of license --
Grounds -- Appeal to board -- Fee -- Costs.
(1) The department has the power, in case of serious noncompliance with the provisions of this chapter, to revoke or suspend for such a period as it determines, any electrical or telecommunications contractor license or electrical or telecommunications contractor administrator certificate issued under this chapter.
The department shall notify the holder of the license or
certificate of the revocation or suspension by certified mail. A revocation or
suspension is effective twenty days after the holder receives the notice. Any
revocation or suspension is subject to review by an appeal to the board. The
filing of an appeal stays the effect of a revocation or suspension until the
board makes its decision. The appeal shall be filed within twenty days after
notice of the revocation or suspension is given by certified mail sent to the
address of the holder of the license or certificate as shown on the application
for the license or certificate, and shall be effected by filing a written notice
of appeal with the department, accompanied by a certified check for two hundred
dollars, which shall be returned to the holder of the license or certificate if
the decision of the department is not sustained by the board. The hearing shall
be conducted in accordance with chapter 34.05 RCW. If the board sustains the
decision of the department, the two hundred dollars shall be applied by the
department to the payment of the per diem and expenses of the members of the
board incurred in the matter, and any balance remaining after payment of per
diem and expenses shall be paid into the electrical license
fund.
(2) The department shall immediately
suspend the license or certificate of a person who has been certified pursuant
to RCW 74.20A.320 by the department of social and health services as a person
who is not in compliance with a support order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance
of the license or certificate shall be automatic upon the department's receipt
of a release issued by the department of social and health services stating that
the licensee is in compliance with the order.
RCW 19.28.351
Electrical license fund.
All sums received from licenses, permit fees, or other sources, herein
shall be paid to the state treasurer and placed in a special fund designated as
the "electrical license fund," and paid out upon vouchers duly and regularly
issued therefor and approved by the director of labor and industries or the
director's designee following determination by the board that the sums are
necessary to accomplish the intent of chapter 19.28 RCW. The treasurer shall
keep an accurate record of payments into, or receipts of, the fund, and of all
disbursements therefrom.
During the 2003-2005 biennium, the legislature may transfer moneys from the electrical license fund to the state general fund such amounts as reflect the excess fund balance of the fund.
Author's comment: Establishing an electrical license fund is an important step in keeping funds derived from licensing from being used for other purposes. For instance, in the State of Alaska all licensing fees go into the State General fund and are not required to be sent back to the Department of Labor.
RCW 19.28.361
Liability for injury or
damage.
Nothing contained in this chapter will be construed to relieve from or lessen the responsibility or liability of any person for injury or damage to person or property caused by or resulting from any defect of any nature in any electrical or telecommunications work performed by said person or in any electrical or telecommunications equipment owned, controlled, installed, operated or used by him or her;
nor shall the state of Washington, or any officer, agent, or employee thereof incur or be held as assuming any liability by reason or in consequence of any permission, certificate of inspection, inspection or approval authorized herein, or issued or given as herein provided, or by reason of consequence of any things done or acts performed pursuant to any provision of this chapter.
RCW 19.28.371
Medical device -- Installation, maintenance, or repair -- Compliance with
chapter -- Limit of exemption.
(1) A medical device which is not in violation of the Medical Device
Amendments of 1976, Public Law No. 94-295, 90 Stat. 539, as amended from time to
time, and as interpreted by the Food and Drug Administration of the United
States Department of Health and Human Services or its successor, shall be deemed
to be in compliance with all requirements imposed by this
chapter.
(2) The installation, maintenance, or
repair of a medical device deemed in compliance with this chapter is exempt from
licensing requirements under RCW 19.28.091,
certification requirements under RCW 19.28.161,
and inspection and permitting requirements under RCW 19.28.101.
This exemption does not include work providing electrical feeds into the power distribution unit or installation of conduits and raceways.
This exemption covers only those factory engineers or third-party service companies with equivalent training who are qualified to perform such service.
RCW 19.28.381
Denial of renewal of certificate or
license for outstanding penalties -- Notice -- Appeal -- Hearing.
The department may deny renewal of a certificate or license issued under this chapter, if the applicant for renewal owes outstanding penalties for a final judgment under this chapter. The department shall notify the applicant of the denial by registered mail, return receipt requested, to the address on the application. The applicant may appeal the denial within twenty days by filing a notice of appeal with the department accompanied by a certified check for two hundred dollars which shall be returned to the applicant if the decision of the department is not upheld by the board. The office of administrative hearings shall conduct the hearing under chapter 34.05 RCW. The electrical board shall review the proposed decision at the next regularly scheduled board meeting. If the board sustains the decision of the department, the two hundred dollars must be applied to the cost of the hearing.
Key Points
|
|
page 10