Rules filed May 6, 2025
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The Department of Labor & Industries (L&I) updated its rulemaking website
Rules filed May 6, 2025
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 (Contractor Registration Program)
Topic: Preproposal (CR-101) – Contractor Registration: Homeowner Recovery Program (2SHB 1534 Implementation - Phase 3)
Brief Description: The purpose of this rulemaking is to consider amending Chapter 296-200A WAC, Contractor certificate of registration renewals—Security—Insurance. In 2023, the legislature passed Second Substitute House Bill 1534 [ [link removed] ] (2SHB 1534) (Chapter 213, Laws of 2023) to strengthen protections for consumers in the construction industry. The legislation directed L&I to establish and administer a new Homeowner Recovery Program by July 1, 2024. The program provides a safeguard and a path to financial recovery for consumers harmed by construction contractors. Beginning July 1, 2026, eligible construction consumers can apply for recovery payments from the program for financial losses stemming from work by construction contractors. This rulemaking considers amendments to administer the newly established program and ensure construction consumers have access to the program’s recovery payments.
In addition to the Homeowner Recovery Program, 2SHB 1534 introduced several other statutory amendments that strengthen consumer protections in Washington's construction industry. L&I is adopting rules to implement the legislation in three phases. This rulemaking initiates the final stage. The phase 1 rule was adopted under WSR 23-17-145 and phase 2 was adopted under WSR 24-10-086.
Additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]
Division: Field Services and Public Safety (Electrical Program)
Topic: Adoption (CR-103) – Amusement Ride Rule – Definitions
Brief Description: The purpose of this rulemaking is to adopt amendments to the definitions for amusement rides or structures under WAC 296-403A-100. L&I accepted a rulemaking petition to amend the definition of “Amusement structure” to exclude fixed artificial climbing surfaces built for the sport of rock climbing, including equipment used for climber education and safety, when not located on the same premises as amusement rides or amusement structures. This rulemaking adopts amendments from the petitioner’s request. The amendments are necessary to ensure the definitions clearly define the types of structures that are regulated as amusement rides. Additional amendments to WAC 296-403A-100 are also being adopted to bring the rule up-to-date.
*Effective date: June 6, 2025*
Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
Concise Explanatory Statement (CES) [ [link removed] ]
Division: Field Services and Public Safety (Electrical Program)
Topic: Adoption (CR-103) – Electrical Fees Increase (FY26)
Brief Description: The purpose of this rulemaking is to adopt amendments to Chapter 296-46B WAC, Electrical safety standards, administration, and installation, that increase fees by the fiscal growth factor [ [link removed] ] of 6.41% for electrical inspections and other Electrical Program services. The fee increase is the maximum allowed by the state Office of Financial Management for fiscal year 2026. The fee increases are necessary to cover increased operating expenses for the Electrical Program. The current fee levels are insufficient to cover current Program expenses. The fee increases will ensure that revenues match expenditures.
*Effective date: July 1, 2025*
Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
Concise Explanatory Statement (CES) [ [link removed] ]
Division: Field Services and Public Safety (Electrical Program)
Topic: Preproposal (CR-101) – Electrical Rule Updates
Brief Description: The purpose of this rulemaking is to consider amending Chapter 296-46B WAC, Electrical safety standards, administration, and installation, to adopt the latest national safety standards for electrical in the state of Washington and update and clarify other sections in the rule.
The amendments under consideration include:
* Adopting the 2026 edition of the National Fire Protection Agency (NFPA) 70, the National Electrical Code (NEC) by reference with a delayed effective date. The 2026 edition of the NEC will be published in the fall of 2025. The NEC sets the standard for safe electrical installations in homes, businesses, and institutions to protect people and property from hazards arising from the use of electricity. L&I is considering adopting the 2026 NEC in its entirety by reference under this rulemaking with a delayed effective of December 31, 2026 (tentative), to give stakeholders advance notice of its adoption and more opportunity for review and comment, prior to its publication and L&I’s formal rule review process. Following the adoption of rules under this rulemaking, L&I plans to engage in a subsequent rulemaking next year to begin the formal review process of the 2026 NEC. As part of the subsequent rulemaking, stakeholders will have the opportunity to submit proposals for amendments to the 2026 NEC code requirements and make recommendations to L&I on adoption of the rules prior to effective date for the 2026 NEC.
* Amending the adopted NEC restriction for non-metallic sheathed cable to allow calculations for minimum conductor sizes to be calculated at a higher temperature rating to eliminate an unnecessary temperature restriction.
* Clarifying the existing requirements for trainee hours of experience submittal.
Additional information about this rulemaking:
CR-101 Preproposal [ [link removed] ]
Division: Insurance Services (Self-Insurance Program)
Topic: Adoption (CR-103) – Self-Insurance Reserve Fund (SB 5084 Implementation)
Brief Description: The purpose of this rulemaking is to amend Chapter 296-15 WAC, Workers' compensation self-insurance rules and regulations. In 2023, Washington state lawmakers enacted Senate Bill 5084 [ [link removed] ] (SB 5084), Chapter 110, Laws of 2023, which created the self-insurance reserve fund to hold self-insured employers’ second injury fund assessments and other pre-funded pension obligations. The amendments update two sections in rule governing the self-insurance program, aligning them with statutory changes required under SB 5084. The formatting changes to WAC 296-15-171 also make it easier to read.
*Effective date: July 1, 2025*
Additional information about this rulemaking:
CR-103 Adoption [ [link removed] ]
Adoption Language [ [link removed] ]
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