Rules filed February 20 and 21, 2024



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washington state department of labor and industries - updates from l and i - www dot l n i dot w a dot gov - 3609025800 [ [link removed] ]
The Department of Labor & Industries (L&I) updated its rulemaking website

Rules filed February 20 and 21, 2024

For information on all L&I meetings and public hearings related to rulemaking, please visit our?public participation calendar [ [link removed] ]. [ [link removed] ]



Division: *Field Services and Public Safety (Electrical Program)*

Topic: *Adoption (CR-103) ? Electrical Rule - Code Adoption*

Brief Description:?The purpose of this rulemaking is to adopt the 2023 edition of the National Fire Protection Agency (NFPA) 70, the National Electrical Code (NEC), and other related codes for electrical. The 2023 NEC (NFPA 70-2023) replaces the 2020 NEC (NFPA 70-2020) adopted standards.

L&I?s Electrical Program reviewed Chapter 296-46B WAC, Electrical safety standards, administration, and installation, and adopting the 2023 NEC (NFPA 70-2023) updates the rules for consistency with the latest national safety standards and industry practice. The 2023 edition of the code presents the latest comprehensive regulations for electrical wiring, overcurrent protection, grounding and installation of equipment.

The review process included an opportunity for electrical stakeholders and other interested parties to participate in the review of existing rules, submit proposals and provide recommendations for possible rule amendments. A Technical Advisory Committee (TAC) of industry experts and the Electrical Board reviewed the proposals and provided advice on adoption of the rules. This rulemaking adopts the latest safety codes, and other amendments to the rules identified during the formal review process and recommended by stakeholders to improve public safety.

*Effective date: April 1, 2024*

Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
Final Cost-Benefit Analysis (CBA) [ [link removed] ]
Concise Explanatory Statement (CES) [ [link removed] ]



Division: *Field Services and Public Safety (Contractor Registration Program)*

Topic: *Proposal (CR-102) ? Contractor Registration (2SHB 1534 Implementation - Phase 2)*

Brief Description: The purpose of this rulemaking is to amend the Contractor Registration rule to implement legislation and to support operating expenses for the Contractor Registration Program. The amendments affect the definitions, penalty and bond amounts, and fees for general and specialty contractors.

Second Substitute House Bill 1534 [ [link removed] ] (2SHB 1534) (Chapter 213, Laws of 2023) helps to strengthen protections for consumers in the construction industry. Provisions of the bill increase fines, penalties, and bond amounts for contractors. These provisions take effect July 1, 2024.

Senate Bill 5795 [ [link removed] ] (SB 5795) (Chapter 155, Laws of 2019) increases bond requirements for contractors. The law gives L&I the authority to require up to three times the normal bond amount if there has been one judgment against a contractor involving a residential single-family dwelling. The law took effect July 28, 2019.

The proposed amendments include:


* Increasing fees by the fiscal growth factor of 6.40% to support operating expenses.
* Amendments for consistency with the statutory amendments under 2SHB 1534. This includes:
* Adding a new definition to define the meaning of ?due diligence? related to a successor of an entity verifying the entity is in good standing related to unsatisfied final judgment against it for work performed under chapter 18.27 RCW or owes money to L&I for assessed penalties or fees as a result of a final judgment.
* Increasing surety bond and savings account amounts for general and specialty contractors.
* Increasing the monetary penalty amounts that may be assessed for infractions issued for violations of chapter 18.27 RCW.

* Amendments for consistency with the statutory amendments under SB 5795. This includes:
* Amending the number of final judgements and single-family dwelling structures involved for when a bond or savings account can be increased.???

* Amendments for updates and clarification. This includes:
* Clarifying the service fee for summons and complaints by removing the fee amount and referencing the fee schedule.
* Clarifying the requirements for collection of penalties from a contractor and payments of restitution.

Public hearing date: March 26, 2024 [ [link removed] ]
Written comments due: March 26, 2024
Intended adoption date: April 30, 2024

Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]



Division: *Insurance Services (Self-Insurance Program)*

Topic: *Proposal (CR-102) ? Self-Insured Good Faith and Fair Dealing (SHB 1521 Implementation)*

Brief Description:?The purpose of this rulemaking is to implement Substitute House Bill 1521 [ [link removed] ] (SHB 1521), Chapter 293, Laws of 2023. SHB 1521 updated RCW 51.48.080, 51.48.017, and 51.14.080; and lead to the addition of two new sections: RCW 51.14.180 and 51.14.181. This rulemaking proposes four new sections and amends four existing sections of Chapter 296-15 WAC to support and conform to the new law, as well as existing corrective action and decertification in RCW 51.14.090 and 51.14.095. Under the proposed, employers? failure to practice good faith and fair dealing with their injured workers could result in increased penalties, including decertification of their self-insured status. The law as codified in RCW 51.14.180 only impacts municipal self-insurers and self-insured private sector firefighter employers who employ 50 or more firefighters.

SHB 1521 and amendments to Chapter 296-15 WAC, Workers' compensation self-insurance rules and regulations, will to go into effect July 1, 2024.

Public hearing date: March 29, 2024 [ [link removed] ]
Written comments due: March 29, 2024
Intended adoption date: April 30, 2024

Additional information about this rulemaking:
CR-102 Proposal [ [link removed] ]
Proposal Language [ [link removed] ]
Preliminary Cost-Benefit Analysis (CBA) [ [link removed] ]








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