title: RCW 18.08.380

text:
A new certificate of registration or certificate of authorization to replace any certificate lost, destroyed, or mutilated may be issued by the director. A charge, determined as provided in RCW 43.24.086, shall be made for such issuance.
[ 2002 c 86 s 202; 1985 c 37 s 9.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Certificates of registration, authorization—Replacement of lost, destroyed, or mutilated certificates.


doc_type: statute

jurisdiction: wa

title: RCW 18.08.390

text:
All persons registered as architects under chapter 205, Laws of 1919, or registered as architects under chapter 323, Laws of 1959, as amended, before July 28, 1985, shall be registered as architects without examination.
[ 1985 c 37 s 10.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Registration of prior registrants.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.08.400

text:
The director may, upon receipt of the current registration fee, grant a certificate of registration to an applicant who is a registered architect in another state or territory of the United States, the District of Columbia, or another country, if that individual's qualifications and experience are determined by the board to be equivalent to the qualifications and experience required of a person registered under RCW 18.08.350.
[ 1985 c 37 s 11.]

catchline: Registration of out-of-state registrants.


title: RCW 18.08.410

text:
This chapter shall not affect or prevent:
(1) The practice of naval architecture, landscape architecture as authorized in chapter 18.96 RCW, engineering as authorized in chapter 18.43 RCW, or the provision of space planning or interior design services not affecting public health or safety;
(2) Drafters, clerks, project managers, superintendents, and other employees of architects from acting under the instructions, control, or supervision of an architect;
(3) The construction, alteration, or supervision of construction of buildings or structures by contractors registered under chapter 18.27 RCW or superintendents employed by contractors or the preparation of shop drawings in connection therewith;
(4) Owners or contractors registered under chapter 18.27 RCW from engaging persons who are not architects to observe and supervise construction of a project;
(5) Any person from doing design work including preparing construction contract documents and administration of the construction contract for the erection, enlargement, repair, or alteration of a structure or any appurtenance to a structure regardless of size, if the structure is to be used for a residential building of up to and including four dwelling units or a farm building or is a structure used in connection with or auxiliary to such residential building or farm building such as a garage, barn, shed, or shelter for animals or machinery;
(6) Except as otherwise provided in this section, any person from doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement, alteration, or repairs of or to a building of any occupancy up to a total building size of four thousand square feet; or
(7) Any person from doing design work, including preparing construction contract documents and administration of the contract, for alteration of or repairs to a building where the project size is not more than four thousand square feet in a building greater than four thousand square feet and when the work contemplated by the design does not affect the life safety or structural systems of the building. The combined square footage of simultaneous projects allowed under this subsection (7) may not exceed four thousand square feet.
[ 2010 c 129 s 8; 1985 c 37 s 12.]
Notes:
Effective date—2010 c 129 ss 7-10: See note following RCW 18.08.370.

catchline: Application of chapter.


title: RCW 18.08.420

text:
(1) Any business entity, including a sole proprietorship, offering architecture services in Washington state must register with the board, regardless of its business structure. A business entity shall file with the board a list of individuals registered under this chapter as responsible for the practice of architecture by the business entity in this state and provides that full authority to make all final architectural decisions on behalf of the business entity with respect to work performed by the business entity in this state. Further, the person having the practice of architecture in his/her charge is himself/herself a general partner (if a partnership or limited liability partnership), or a manager (if a limited liability company), or a director (if a business corporation or professional service corporation) and is registered to practice architecture in this state.
(2) The business entity shall furnish the board with such information about its organization and activities as the board shall require by rule.
(3) Upon the filing with the board of the application for certificate of authorization, the certified copy of the resolution, and the information specified in subsection (1) of this section, the board shall authorize the director to issue to the business entity a certificate of authorization to practice architecture in this state.
(4) Any business entity practicing or offering to practice architecture, whether or not it is authorized to practice architecture under this chapter, shall be jointly and severally responsible to the same degree as an individual registered architect and shall conduct their business without misconduct or malpractice in the practice of architecture as defined in this chapter.
(5) Any business entity that has been certified under this chapter and has engaged in the practice of architecture may have its certificate of authorization either suspended or revoked by the board if, after a proper hearing, the board finds that the business entity has committed misconduct or malpractice under RCW 18.08.440 or 18.235.130. In such a case, any individual architect registered under this chapter who is involved in such misconduct or malpractice is also subject to disciplinary measures provided in this chapter and RCW 18.235.110.
(6) For each certificate of authorization issued under this section there shall be paid a certification fee and an annual certification renewal fee as prescribed by the director under RCW 43.24.086.
[ 2010 c 129 s 9; 2002 c 86 s 203; 1991 c 72 s 2; 1985 c 37 s 13.]
Notes:
Effective date—2010 c 129 ss 7-10: See note following RCW 18.08.370.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Business entities—Authorization to practice required.


title: RCW 18.08.430

text:
(1) The renewal date for certificates of registration shall be set by the director in accordance with RCW 43.24.086. Registrants who fail to pay the renewal fee within thirty days of the due date shall pay all delinquent fees plus a penalty fee equal to one-third of the renewal fee. A registrant who fails to pay a renewal fee for a period of five years may be reinstated under such circumstances as the board determines. The renewal and penalty fees and the frequency of renewal assessment shall be authorized under this chapter. Renewal date for certificates of authorization shall be the anniversary of the date of authorization.
(2) Any registrant in good standing may withdraw from the practice of architecture by giving written notice to the director, and may within five years thereafter resume active practice upon payment of the then-current renewal fee. A registrant may be reinstated after a withdrawal of more than five years under such circumstances as the board determines.
(3) A registered architect must demonstrate professional development since the architect's last renewal or initial registration, as the case may be. The board shall by rule describe professional development activities acceptable to the board and the form of documentation of the activities required by the board. The board may decline to renew a registration if the architect's professional development activities do not meet the standards set by the board by rule. When adopting rules under the authority of this subsection, the board shall strive to ensure that the rules are consistent with the continuing professional education requirements and systems in use by national professional organizations representing architects and in use by other states.
(a) A registered architect shall, as part of his or her license renewal, certify that he or she has completed the required continuing professional development required by this section.
(b) The board may adopt reasonable exemptions from the requirements of this section.
[ 2010 c 129 s 10; 1985 c 37 s 14.]
Notes:
Effective date—2010 c 129 ss 7-10: See note following RCW 18.08.370.

catchline: Renewal of certificates of registration—Withdrawal—Continuing professional development.


title: RCW 18.08.440

text:
The board shall have the power to impose any action listed under RCW 18.235.110 upon the following grounds:
(1) Offering to pay, paying, or accepting, either directly or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work;
(2) Being willfully untruthful or deceptive in any professional report, statement, or testimony;
(3) Having a financial interest in the bidding for or the performance of a contract to supply labor or materials for or to construct a project for which employed or retained as an architect except with the consent of the client or employer after disclosure of such facts; or allowing an interest in any business to affect a decision regarding architectural work for which retained, employed, or called upon to perform;
(4) Signing or permitting a seal to be affixed to any drawings or specifications that were not prepared or reviewed by the architect or under the architect's personal supervision by persons subject to the architect's direction and control; or
(5) Willfully evading or trying to evade any law, ordinance, code, or regulation governing construction of buildings.
[ 2002 c 86 s 204; 1985 c 37 s 15.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Powers under RCW 18.235.110—Grounds.


title: RCW 18.08.460

text:
(1) Any person who violates any provision of this chapter or any rule promulgated under it is guilty of a misdemeanor and may also be subject to a civil penalty in an amount not to exceed one thousand dollars for each offense.
(2) It shall be the duty of all officers in the state or any political subdivision thereof to enforce this chapter. Any public officer may initiate an action before the board to enforce the provisions of this chapter.
(3) The board may apply for relief by injunction without bond to restrain a person from committing any act that is prohibited by this chapter. In such proceedings, it is not necessary to allege or prove either that an adequate remedy at law does not exist or that substantial irreparable damage would result from the continued violation thereof. The members of the board shall not be personally liable for their actions in any such proceeding or in any other proceeding instituted by the board under this chapter. The board in any proper case shall cause prosecution to be instituted in any county or counties where any violation of this chapter occurs, and shall aid the prosecution of the violator.
(4) No person practicing architecture is entitled to maintain a proceeding in any court of this state relating to services in the practice of architecture unless it is alleged and proved that the person was registered or authorized under this chapter to practice or offer to practice architecture at the time the architecture services were offered or provided.
[ 2003 c 53 s 123; 1985 c 37 s 17.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Violation of chapter—Penalties—Enforcement—Injunctions—Persons who may initiate proceedings.


title: RCW 18.08.480

text:
The board shall immediately suspend the certificate of registration or certificate of authorization to practice architecture 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 or a *residential or visitation order. If the person has continued to meet other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon the board's receipt of a release issued by the department of social and health services stating that the individual is in compliance with the order.
[ 1997 c 58 s 813.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: Certificate of registration or authorization suspension—Noncompliance with support order—Reissuance.


title: RCW 18.08.490

text:
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 s 205.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Uniform regulation of business and professions act.


title: RCW 18.08.500

text:
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the board determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 351 s 1.]

catchline: Military training or experience.


title: RCW 18.08.510

text:
(1) There is imposed a fee of six dollars and fifty cents on each certificate of registration, renewal of a certificate of registration, certificate of authorization, and renewal of a certificate of authorization, issued by the director. The director must collect this fee and must quarterly remit moneys collected under this subsection to the state treasury.
(2) The fee established by subsection (1) of this section is in addition to other fees authorized by this chapter and prescribed by the director under RCW 43.24.086.
(3) All moneys collected under subsection (1) of this section must be deposited into the building code council account in the state treasury.
[ 2018 c 207 s 10.]
Notes:
Effective date—2018 c 207 ss 9 and 10: "Sections 9 and 10 of this act take effect October 1, 2018." [ 2018 c 207 s 12.]

catchline: Registration and authorization fee—Building code council account.


title: RCW 18.100.010

text:
It is the legislative intent to provide for the incorporation of an individual or group of individuals to render the same professional service to the public for which such individuals are required by law to be licensed or to obtain other legal authorization.
[ 1969 c 122 s 1.]

catchline: Legislative intent.


title: RCW 18.100.020

text:
This chapter may be cited as "the professional service corporation act".
[ 1969 c 122 s 2.]

catchline: Short title.


title: RCW 18.100.030

text:
As used in this chapter the following words shall have the meaning indicated:
(1) The term "professional service" means any type of personal service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization and which prior to the passage of this chapter and by reason of law could not be performed by a corporation, including, but not by way of limitation, certified public accountants, chiropractors, dentists, osteopaths, physicians, podiatric physicians and surgeons, chiropodists, architects, veterinarians and attorneys-at-law.
(2) The term "professional corporation" means a corporation which is organized under this chapter for the purpose of rendering professional service.
(3) The term "ineligible person" means any individual, corporation, partnership, fiduciary, trust, association, government agency, or other entity which for any reason is or becomes ineligible under this chapter to own shares issued by a professional corporation. The term includes a charitable remainder unitrust or charitable remainder annuity trust that is or becomes an ineligible person for failure to comply with subsection (5)(b) of this section.
(4) The term "eligible person" means an individual, corporation, partnership, fiduciary, qualified trust, association, government agency, or other entity, that is eligible under this chapter to own shares issued by a professional corporation.
(5) The term "qualified trust" means one of the following:
(a) A voting trust established under RCW 23B.07.300, if the beneficial owner of any shares on deposit and the trustee of the voting trust are qualified persons;
(b) A charitable remainder unitrust as defined in section 664(d)(1) of the internal revenue code or a charitable remainder annuity trust as defined in section 664(d)(2) or 664(d)(3) of the internal revenue code if the trust complies with each of the following conditions:
(i) Has one or more beneficiaries currently entitled to income, unitrust, or annuity payments, all of whom are eligible persons or spouses of eligible persons;
(ii) Has a trustee who is an eligible person and has exclusive authority over the share of the professional corporation while the shares are held in the trust, except that a cotrustee who is not an eligible person may be given authority over decisions relating to the sale of shares by the trust;
(iii) Has one or more designated charitable remaindermen, all of which must at all times be domiciled or maintain a local chapter in Washington state; and
(iv) When distributing any assets during the term of the trust to charitable organizations, the distributions are made only to charitable organizations described in section 170(c) of the internal revenue code that are domiciled or maintain a local chapter in Washington state.
[ 1997 c 18 s 1; 1983 c 51 s 2; 1969 c 122 s 3.]

catchline: Definitions.


title: RCW 18.100.040

text:
This chapter shall not apply to any individuals or groups of individuals within this state who prior to the passage of this chapter were permitted to organize a corporation and perform personal services to the public by means of a corporation, and this chapter shall not apply to any corporation organized by such individual or group of individuals prior to the passage of this chapter: PROVIDED, That any such individual or group of individuals or any such corporation may bring themselves and such corporation within the provisions of this chapter by amending the articles of incorporation in such a manner so as to be consistent with all the provisions of this chapter and by affirmatively stating in the amended articles of incorporation that the shareholders have elected to bring the corporation within the provisions of this chapter.
[ 1969 c 122 s 4.]

catchline: Application of chapter to previously organized corporations.


title: RCW 18.100.050

text:
(1) An individual or group of individuals duly licensed or otherwise legally authorized to render the same professional services within this state may organize and become a shareholder or shareholders of a professional corporation for pecuniary profit under the provisions of Title 23B RCW for the purpose of rendering professional service. One or more of the legally authorized individuals shall be the incorporators of the professional corporation.
(2) Notwithstanding any other provision of this chapter, registered architects and registered engineers may own stock in and render their individual professional services through one professional service corporation.
(3) Licensed health care professionals, providing services to enrolled participants either directly or through arrangements with a health maintenance organization registered under chapter 48.46 RCW or federally qualified health maintenance organization, may own stock in and render their individual professional services through one professional service corporation.
(4) Professionals may organize a nonprofit nonstock corporation under this chapter and chapter 24.03A RCW to provide professional services, and the provisions of this chapter relating to stock and referring to Title 23B RCW shall not apply to any such corporation.
(5)(a) Notwithstanding any other provision of this chapter, health care professionals who are licensed or certified pursuant to chapters 18.06, 18.225, 18.22, 18.25, 18.29, 18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.57, 18.59, 18.64, 18.71, 18.71A, 18.74, 18.79, 18.83, 18.89, 18.108, and 18.138 RCW may own stock in and render their individual professional services through one professional service corporation and are to be considered, for the purpose of forming a professional service corporation, as rendering the "same specific professional services" or "same professional services" or similar terms.
(b) Formation of a professional service corporation under this subsection does not restrict the application of the uniform disciplinary act under chapter 18.130 RCW, or applicable health care professional statutes under Title 18 RCW, including but not limited to restrictions on persons practicing a health profession without being appropriately credentialed and persons practicing beyond the scope of their credential.
[ 2023 c 60 s 1; 2021 c 176 s 5204; 2020 c 80 s 21; 2001 c 251 s 29; 1999 c 128 s 1; 1997 c 390 s 3; 1996 c 22 s 1; 1991 c 72 s 3; 1986 c 261 s 1; 1983 c 100 s 1; 1969 c 122 s 5.]
Notes:
Effective date—2021 c 176 s 5204: "Section 5204 of this act takes effect July 1, 2022." [ 2021 c 176 s 6104.]
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Severability—2001 c 251: See RCW 18.225.900.

catchline: Organization of professional service corporations authorized generally—Architects, engineers, and health care professionals—Nonprofit corporations.


title: RCW 18.100.060

text:
(1) No corporation organized under this chapter may render professional services except through individuals who are duly licensed or otherwise legally authorized to render such professional services within this state. However, nothing in this chapter shall be interpreted to:
(a) Prohibit a person duly licensed or otherwise legally authorized to render professional services in any jurisdiction other than this state from becoming a member of a professional corporation in this state organized for the purpose of rendering the same professional services;
(b) Prohibit a professional corporation from rendering services outside this state through individuals who are not duly licensed or otherwise legally authorized to render professional services within this state; or
(c) Require the licensing of clerks, secretaries, bookkeepers, technicians, and other assistants employed by a professional corporation who are not usually and ordinarily considered by custom and practice to be rendering professional services to the public for which a license or other legal authorization is required.
(2) Persons engaged in a profession and otherwise meeting the requirements of this chapter may operate under this chapter as a professional corporation so long as each shareholder personally engaged in the practice of the profession in this state is duly licensed or otherwise legally authorized to practice the profession in this state and:
(a) At least one officer and one director of the corporation is duly licensed or otherwise legally authorized to practice the profession in this state; or
(b) Each officer in charge of an office of the corporation in this state is duly licensed or otherwise legally authorized to practice the profession in this state.
[ 1998 c 293 s 1; 1983 c 51 s 3; 1969 c 122 s 6.]

catchline: Rendering of services by authorized individuals.


title: RCW 18.100.065

text:
Except as otherwise provided in RCW 18.100.118, all directors of a corporation organized under this chapter and all officers other than the secretary and the treasurer shall be duly licensed or otherwise legally authorized to render the same specific professional services within this or any other state as those for which the corporation was incorporated.
[ 1998 c 293 s 2; 1983 c 51 s 7.]

catchline: Authority of directors, officers to render same services as corporation.


title: RCW 18.100.070

text:
Nothing contained in this chapter shall be interpreted to abolish, repeal, modify, restrict, or limit the law now in effect in this state applicable to the professional relationship and liabilities between the person furnishing the professional services and the person receiving such professional service and the standards for professional conduct. Any director, officer, shareholder, agent, or employee of a corporation organized under this chapter shall remain personally and fully liable and accountable for any negligent or wrongful acts or misconduct committed by him or her or by any person under his or her direct supervision and control, while rendering professional services on behalf of the corporation to the person for whom such professional services were being rendered. The corporation shall be liable for any negligent or wrongful acts of misconduct committed by any of its directors, officers, shareholders, agents, or employees while they are engaged on behalf of the corporation, in the rendering of professional services.
[ 2011 c 336 s 502; 1969 c 122 s 7.]

catchline: Professional relationships and liabilities preserved.


title: RCW 18.100.080

text:
No professional service corporation organized under this chapter shall engage in any business other than the rendering of the professional services for which it was incorporated or service as a trustee as authorized by RCW 11.36.021 or as a personal representative as authorized by RCW 11.36.010: PROVIDED, That nothing in this chapter or in any other provisions of existing law applicable to corporations shall be interpreted to prohibit such corporation from investing its funds in real estate, personal property, mortgages, stocks, bonds, insurance, or any other type of investments.
[ 1984 c 149 s 170; 1969 c 122 s 8.]
Notes:
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.

catchline: Engaging in other business prohibited—Investments.


title: RCW 18.100.090

text:
Except as otherwise provided in RCW 18.100.118, no professional corporation organized under the provisions of this chapter may issue any of its capital stock to anyone other than the trustee of a qualified trust or an individual who is duly licensed or otherwise legally authorized to render the same specific professional services within this or any other state as those for which the corporation was incorporated.
[ 1998 c 293 s 3; 1997 c 18 s 2; 1983 c 51 s 4; 1969 c 122 s 9.]

catchline: Stock issuance.


title: RCW 18.100.095

text:
Except for qualified trusts, a proxy, voting trust, or other voting agreement with respect to shares of a professional corporation shall not be valid unless all holders thereof, all trustees and beneficiaries thereof, or all parties thereto, as the case may be, are eligible to be shareholders of the corporation.
[ 1997 c 18 s 3; 1983 c 51 s 12.]

catchline: Validity of share voting agreements.


title: RCW 18.100.100

text:
Unless a director, officer, shareholder, agent or employee of a corporation organized under this chapter who has been rendering professional service to the public is legally qualified at all times to render such professional services within at least one state in which the corporation conducts business, he or she shall sever all employment with, and financial interests in, such corporation forthwith. A corporation's failure to require compliance with this provision shall constitute a ground for the forfeiture of its articles of incorporation and its dissolution. When a corporation's failure to comply with this provision is brought to the attention of the office of the secretary of state, the secretary of state forthwith shall certify that fact to the attorney general for appropriate action to dissolve the corporation.
[ 1998 c 293 s 4; 1969 c 122 s 10.]

catchline: Legal qualification of officer, shareholder or employee to render professional service, effect.


title: RCW 18.100.110

text:
No shareholder of a corporation organized as a professional corporation may sell or transfer his or her shares in such corporation except to the trustee of a qualified trust or another individual who is eligible to be a shareholder of such corporation. Any transfer of shares in violation of this section shall be void. However, nothing in this section prohibits the transfer of shares of a professional corporation by operation of law or court decree.
[ 1997 c 18 s 4; 1983 c 51 s 5; 1969 c 122 s 11.]

catchline: Sale or transfer of shares.


title: RCW 18.100.114

text:
A corporation organized under this chapter may merge or consolidate with another corporation, domestic or foreign, organized to render the same specific professional services, only if every shareholder of each corporation is eligible to be a shareholder of the surviving or new corporation.
[ 1998 c 293 s 6; 1983 c 51 s 8.]

catchline: Merger or consolidation.


title: RCW 18.100.116

text:
(1) If:
(a)(i) A shareholder of a professional corporation dies;
(ii) A shareholder of a professional corporation becomes an ineligible person;
(iii) Shares of a professional corporation are transferred by operation of law or court decree to an ineligible person; or
(iv) A charitable remainder unitrust or charitable remainder annuity trust that holds shares of a professional corporation becomes an ineligible person; and
(b) The shares held by the deceased shareholder or by such ineligible person are less than all of the outstanding shares of the corporation, then
the shares held by the deceased shareholder or by the ineligible person may be transferred to remaining shareholders of the corporation or may be redeemed by the corporation pursuant to terms stated in the articles of incorporation or by laws of the corporation, or in a private agreement. In the absence of any such terms, such shares may be transferred to any individual eligible to be a shareholder of the corporation.
(2) If such a redemption or transfer of the shares held by a deceased shareholder or an ineligible person is not completed within twelve months after the death of the deceased shareholder or the transfer, as the case may be, such shares shall be deemed to be shares with respect to which the holder has elected to exercise the right of dissent described in chapter 23B.13 RCW and has made written demand on the corporation for payment of the fair value of such shares. The corporation shall forthwith cancel the shares on its books and the deceased shareholder or ineligible person shall have no further interest in the corporation other than the right to payment for the shares as is provided in RCW 23B.13.250. For purposes of the application of RCW 23B.13.250, the date of the corporate action and the date of the shareholder's written demand shall be deemed to be one day after the date on which the twelve-month period from the death of the deceased shareholder, or from the transfer, expires.
[ 1997 c 18 s 5; 1991 c 72 s 4; 1983 c 51 s 10.]

catchline: Death of shareholder, transfer to ineligible person—Treatment of shares.


title: RCW 18.100.118

text:
If all of the outstanding shares of a professional corporation are held by an administrator, executor, guardian, conservator, or receiver of the estate of a former shareholder, or by a transferee who received such shares by operation of law or court decree, such administrator, executor, guardian, conservator, receiver, or transferee for a period of twelve months following receipt or transfer of such shares may be a director, officer, or shareholder of the professional corporation.
[ 1983 c 51 s 11.]

catchline: Eligibility of certain representatives and transferees to serve as directors, officers, or shareholders.


title: RCW 18.100.120

text:
Corporations organized pursuant to this chapter shall render professional service and exercise its authorized powers under a name permitted by law and the professional ethics of the profession in which the corporation is so engaged. The corporate name of a professional service corporation must comply with the requirements of Article 3 of chapter 23.95 RCW. With the filing of its first annual report and any filings thereafter, a professional service corporation shall list its then shareholders.
[ 2015 c 176 s 9120; 1993 c 290 s 1; 1982 c 35 s 169; 1969 c 122 s 12.]
Notes:
Effective date—Contingent effective date—2015 c 176: See note following RCW 23.95.100.
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.

catchline: Name—Listing of shareholders.


title: RCW 18.100.130

text:
(1) For a professional service corporation organized for pecuniary profit under this chapter, the provisions of Title 23B RCW shall be applicable except to the extent that any of the provisions of this chapter are interpreted to be in conflict with the provisions thereof, and in such event the provisions and sections of this chapter shall take precedence with respect to a corporation organized pursuant to the provisions of this chapter.
(2) For a professional service corporation organized under this chapter and chapter 24.03A RCW as a nonprofit corporation, the provisions of chapter 24.03A RCW shall be applicable except to the extent that any of the provisions of this chapter are interpreted to be in conflict with the provisions thereof, and in such event the provisions and sections of this chapter shall take precedence with respect to a corporation organized under the provisions of this chapter.
[ 2021 c 176 s 5205; 1991 c 72 s 5; 1986 c 261 s 2; 1983 c 51 s 6; 1969 c 122 s 13.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.

catchline: Application of Business Corporation Act and Nonprofit Corporation Act.


title: RCW 18.100.132

text:
A nonprofit professional service corporation formed pursuant to *chapter 431, Laws of 1985, may amend its articles of incorporation at any time before July 31, 1987, to comply with the provisions of this chapter. Compliance under this chapter shall relate back and take effect as of the date of formation of the corporation under *chapter 431, Laws of 1985, and the corporate existence shall be deemed to have continued without interruption from that date.
[ 1986 c 261 s 4.]
Notes:
*Reviser's note: Chapter 431, Laws of 1985 enacted RCW 24.03.038, which was repealed by 1986 c 261 s 7.

catchline: Nonprofit professional service corporations formed under prior law.


title: RCW 18.100.133

text:
A business corporation formed under the provisions of Title 23B RCW may amend its articles of incorporation to change its stated purpose to the rendering of professional services and to conform to the requirements of this chapter. Upon the effective date of such amendment, the corporation shall be subject to the provisions of this chapter and shall continue in existence as a professional corporation under this chapter.
[ 1991 c 72 s 6; 1986 c 261 s 5.]

catchline: Business corporations, election of this chapter.


title: RCW 18.100.134

text:
A professional corporation may amend its articles of incorporation to delete from its stated purposes the rendering of professional services and to conform to the requirements of Title 23B RCW, or to the requirements of chapter 24.03A RCW if organized pursuant to RCW 18.100.050 as a nonprofit corporation. Upon the effective date of such amendment, the corporation shall no longer be subject to the provisions of this chapter and shall continue in existence as a corporation under Title 23B RCW or chapter 24.03A RCW.
[ 2021 c 176 s 5206; 1991 c 72 s 7; 1986 c 261 s 3; 1983 c 51 s 9.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.

catchline: Professional services—Deletion from stated purposes of corporation.


title: RCW 18.100.140

text:
Nothing in this chapter shall authorize a director, officer, shareholder, agent, or employee of a corporation organized under this chapter, or a corporation itself organized under this chapter, to do or perform any act which would be illegal, unethical, or unauthorized conduct under the provisions of the following acts: (1) Physicians and surgeons, chapter 18.71 RCW; (2) anti-rebating act, chapter 19.68 RCW; (3) state bar act, chapter 2.48 RCW; (4) professional accounting act, chapter 18.04 RCW; (5) professional architects act, chapter 18.08 RCW; (6) professional auctioneers act, chapter 18.11 RCW; (7) cosmetologists, barbers, and manicurists, chapter 18.16 RCW; (8) assisted living facilities act, chapter 18.20 RCW; (9) podiatric medicine and surgery, chapter 18.22 RCW; (10) chiropractic act, chapter 18.25 RCW; (11) registration of contractors, chapter 18.27 RCW; (12) debt adjusting act, chapter 18.28 RCW; (13) dental hygienist act, chapter 18.29 RCW; (14) dentistry, chapter 18.32 RCW; (15) dispensing opticians, chapter 18.34 RCW; (16) naturopathic physicians, chapter 18.36A RCW; (17) embalmers and funeral directors, chapter 18.39 RCW; (18) engineers and land surveyors, chapter 18.43 RCW; (19) escrow agents registration act, chapter 18.44 RCW; (20) birthing centers, chapter 18.46 RCW; (21) midwifery, chapter 18.50 RCW; (22) nursing homes, chapter 18.51 RCW; (23) optometry, chapter 18.53 RCW; (24) osteopathic physicians and surgeons, chapter 18.57 RCW; (25) pharmacists, chapter 18.64 RCW; (26) physical therapy, chapter 18.74 RCW; (27) registered nurses, *advanced registered nurse practitioners, and practical nurses, chapter 18.79 RCW; (28) psychologists, chapter 18.83 RCW; (29) real estate brokers and salespersons, chapter 18.85 RCW; (30) veterinarians, chapter 18.92 RCW.
[ 2012 c 10 s 38; 2011 c 336 s 503; 1994 sp.s. c 9 s 717; 1987 c 447 s 16; 1982 c 35 s 170; 1969 c 122 s 14.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Application—2012 c 10: See note following RCW 18.20.010.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.

catchline: Improper conduct not authorized.


title: RCW 18.100.145

text:
A professional service corporation that provides health care services to the general public may not discriminate against a qualified doctor of osteopathic medicine and surgery licensed under chapter 18.57 RCW, who has applied to practice with the professional service corporation, solely because that practitioner was board certified or eligible under an approved osteopathic certifying board instead of board certified or eligible respectively under an approved medical certifying board.
[ 1995 c 64 s 2.]

catchline: Doctor of osteopathic medicine and surgery—Discrimination prohibited.


title: RCW 18.100.160

text:
A foreign professional corporation may render professional services in this state so long as it complies with chapter 23B.15 RCW and each individual rendering professional services in this state is duly licensed or otherwise legally authorized to render such professional services within this state.
[ 1998 c 293 s 7.]

catchline: Foreign professional corporation.


title: RCW 18.104.005

text:
The powers and duties of the department of social and health services under this chapter shall be performed by the department of health.
[ 1989 1st ex.s. c 9 s 237.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Transfer of duties to the department of health.


title: RCW 18.104.010

text:
The legislature declares that the drilling, making or constructing of wells within the state is a business and activity of vital interest to the public. In order to protect the public health, welfare, and safety of the people it is necessary that provision be made for the regulation and licensing of well contractors and operators and for the regulation of well design and construction.
[ 1993 c 387 s 1; 1971 ex.s. c 212 s 1.]

catchline: Purpose.


title: RCW 18.104.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Abandoned well" means a well that is unmaintained or is in such disrepair that it is unusable or is a risk to public health and welfare.
(2) "Constructing a well" or "construct a well" means:
(a) Boring, digging, drilling, or excavating a well;
(b) Installing casing, sheeting, lining, or well screens, in a well;
(c) Drilling a geotechnical soil boring; or
(d) Installing an environmental investigation well.
"Constructing a well" or "construct a well" includes the alteration of an existing well.
(3) "Decommission" means to fill or plug a well so that it will not produce water, serve as a channel for movement of water or pollution, or allow the entry of pollutants into the well or aquifers.
(4) "Department" means the department of ecology.
(5) "Dewatering well" means a cased or lined excavation or boring that is intended to withdraw or divert groundwater for the purpose of facilitating construction, stabilizing a landslide, or protecting an aquifer.
(6) "Director" means the director of the department of ecology.
(7) "Environmental investigation well" means a cased hole intended or used to extract a sample or samples of groundwater, vapor, or soil from an underground formation and which is decommissioned immediately after the sample or samples are obtained. An environmental investigation well is typically installed using direct push technology or auger boring and uses the probe, stem, auger, or rod as casing. An environmental investigation well is not a geotechnical soil boring.
(8) "Geotechnical soil boring" or "boring" means a well drilled for the purpose of obtaining soil samples or information to ascertain structural properties of the subsurface.
(9) "Ground source heat pump boring" means a vertical boring constructed for the purpose of installing a closed loop heat exchange system for a ground source heat pump.
(10) "Grounding well" means a grounding electrode installed in the earth by the use of drilling equipment to prevent buildup of voltages that may result in undue hazards to persons or equipment. Examples are anode and cathode protection wells.
(11) "Groundwater" means and includes groundwaters as defined in RCW 90.44.035.
(12) "Instrumentation well" means a well in which pneumatic or electric geotechnical or hydrological instrumentation is permanently or periodically installed to measure or monitor subsurface strength and movement. Instrumentation well includes borehole extensometers, slope indicators, pneumatic or electric pore pressure transducers, and load cells.
(13) "Monitoring well" means a well designed to obtain a representative groundwater sample or designed to measure the water level elevation in either clean or contaminated water or soil.
(14) "Observation well" means a well designed to measure the depth to the water level elevation in either clean or contaminated water or soil.
(15) "Operator" means a person who (a) is employed by a well contractor; (b) is licensed under this chapter; or (c) who controls, supervises, or oversees the construction of a well or who operates well construction equipment.
(16) "Owner" or "well owner" means the person, firm, partnership, copartnership, corporation, association, other entity, or any combination of these, who owns the property on which the well is or will be constructed or has the right to the well by means of an easement, covenant, or other enforceable legal instrument for the purpose of benefiting from the well.
(17) "Pollution" and "contamination" have the meanings provided in RCW 90.48.020.
(18) "Remediation well" means a well intended or used to withdraw groundwater or inject water, air (for air sparging), or other solutions into the subsurface for the purpose of remediating, cleaning up, or controlling potential or actual groundwater contamination.
(19) "Resource protection well" means a cased boring intended or used to collect subsurface information or to determine the existence or migration of pollutants within an underground formation. Resource protection wells include monitoring wells, observation wells, piezometers, spill response wells, remediation wells, environmental investigation wells, vapor extraction wells, ground source heat pump boring, grounding wells, and instrumentation wells.
(20) "Resource protection well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing resource protection wells or geotechnical soil borings.
(21) "Water well" means any excavation that is constructed when the intended use of the well is for the location, diversion, artificial recharge, observation, monitoring, dewatering, or withdrawal of groundwater. "Water wells" include ground source heat pump borings and grounding wells.
(22) "Water well contractor" means any person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter 18.27 RCW, engaged in the business of constructing water wells.
(23)(a) "Well" means water wells, resource protection wells, dewatering wells, and geotechnical soil borings.
(b) Well does not mean an excavation made for the purpose of:
(i) Obtaining or prospecting for oil, natural gas, geothermal resources, minerals, or products of mining, or quarrying, or for inserting media to repressure oil or natural gas bearing formations, or for storing petroleum, natural gas, or other products;
(ii) Siting and constructing an on-site sewage disposal system as defined in RCW 70A.105.020 or a large on-site sewage system as defined in RCW 70A.115.010; or
(iii) Inserting any device or instrument less than ten feet in depth into the soil for the sole purpose of performing soil or water testing or analysis or establishing soil moisture content as long as there is no withdrawal of water in any quantity other than as necessary to perform the intended testing or analysis.
(24) "Well contractor" means a resource protection well contractor and a water well contractor licensed and bonded under chapter 18.27 RCW.
[ 2021 c 65 s 14. Prior: 2011 c 196 s 1; 2005 c 84 s 1; 2002 c 48 s 1; 2000 c 171 s 26; 1993 c 387 s 2; 1983 1st ex.s. c 27 s 14; 1971 ex.s. c 212 s 2.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Definitions.


title: RCW 18.104.030

text:
It is unlawful:
(1) For any person to supervise, construct, alter, or decommission a well without complying with the provisions of this chapter and the rules for well construction adopted pursuant to this chapter;
(2) For any person to cause a well to be constructed in violation of the standards for well construction established by this chapter and rules adopted by the department pursuant to this chapter;
(3) For a prospective water well owner to have a water well constructed without first obtaining a water right permit, if a permit is required;
(4) For any person to construct, alter, or decommission a well unless the fees required by RCW 18.104.055 have been paid;
(5) For a person to tamper with or remove a well identification tag except during well alteration; and
(6) Except as provided in RCW 18.104.180, for any person to contract to engage in the construction of a well or to act as a well operator without first obtaining a license pursuant to this chapter.
[ 1993 c 387 s 3; 1971 ex.s. c 212 s 3.]

catchline: Compliance enjoined.


title: RCW 18.104.040

text:
The department shall have the power:
(1) To issue, deny, suspend or revoke licenses pursuant to the provisions of this chapter;
(2) At all reasonable times, to enter upon lands for the purpose of inspecting, taking measurements from, or tagging any well, constructed or being constructed;
(3) To call upon or receive professional or technical advice from the department of health, the technical advisory group created in RCW 18.104.190, or any other public agency or person;
(4) To adopt rules, in consultation with the department of health and the technical advisory group created in RCW 18.104.190, governing licensing and well construction as may be appropriate to carry out the purposes of this chapter. The rules adopted by the department may include, but are not limited to:
(a) Standards for the construction and maintenance of wells and their casings;
(b) Methods of capping, sealing, and decommissioning wells to prevent contamination of groundwater resources and to protect public health and safety;
(c) Methods of artificial recharge of groundwater bodies and of construction of wells which insure separation of individual water bearing formations;
(d) The manner of conducting and the content of examinations required to be taken by applicants for license hereunder;
(e) Requirements for the filing of notices of intent, well reports, and the payment of fees;
(f) Reporting requirements of well contractors;
(g) Limitations on well construction in areas identified by the department as requiring intensive control of withdrawals in the interests of sound management of the groundwater resource;
(5) To require the operator in the construction of a well and the property owner in the maintenance of a well to guard against waste and contamination of the groundwater resources;
(6) To require the operator to place a well identification tag on a new well and on an existing well on which work is performed after the effective date of rules requiring well identification tags and to place or require the owner to place a well identification tag on an existing well;
(7) To require the well owner to repair or decommission any well:
(a) That is abandoned, unusable, or not intended for future use; or
(b) That is an environmental, safety, or public health hazard.
[ 1993 c 387 s 4; 1991 c 3 s 249; 1971 ex.s. c 212 s 4.]

catchline: Powers of department.


title: RCW 18.104.043

text:
(1) If requested in writing by the governing body of a local health district or county, the department by memorandum of agreement may delegate to the governing body the authority to administer and enforce the well tagging, sealing, and decommissioning portions of the water well construction program.
(2) The department shall determine whether a local health district or county that seeks delegation under this section has the resources, capability, and expertise, including qualified field inspectors, to administer the delegated program. If the department determines the local government has these resources, it shall notify well contractors and operators of the proposal. The department shall accept written comments on the proposal for sixty days after the notice is mailed.
(3) If the department determines that a delegation of authority to a local health district or county to administer and enforce the well sealing and decommissioning portions of the water well construction program will enhance the public health and safety and the environment, the department and the local governing body may enter into a memorandum of agreement setting forth the specific authorities delegated by the department to the local governing body. The memorandum of agreement must be, at a minimum, reviewed annually. The department, in consultation with the technical advisory group, created under RCW 18.104.190, shall adopt rules outlining the annual review and reporting process. A detailed summary of the review must be made available to well contractors and operators upon request and be published on the department's website.
(4) With regard to the portions of the water well construction program delegated under this section, the local governing agency shall exercise only the authority delegated to it under this section. If, after a public hearing, the department determines that a local governing body is not administering the program in accordance with this chapter, it shall notify the local governing body of the deficiencies. If corrective action is not taken within a reasonable time, not to exceed sixty days, the department by order shall withdraw the delegation of authority.
(5) The department shall promptly furnish the local governing body with a copy of each water well report and notification of start cards received in the area covered by a delegated program.
(6) The department and the local governing body shall coordinate to reduce duplication of effort and shall share all appropriate information including technical reports, violations, and well reports.
(7) Any person aggrieved by a decision of a local health district or county under a delegated program may appeal the decision to the department. The department's decision is subject to review by the pollution control hearings board as provided in RCW 43.21B.110.
(8) The department shall not delegate the authority to license well contractors, renew licenses, receive notices of intent to commence constructing a well, receive well reports, or collect state fees provided for in this chapter.
[ 2005 c 84 s 2; 2000 c 32 s 1; 1996 c 12 s 2; 1993 c 387 s 5; 1992 c 67 s 2.]
Notes:
Findings—Intent—1996 c 12: "The legislature finds that experimental delegation of portions of the well drilling administration and enforcement authority of the department of ecology to willing and able local governments has been successful to date. Delegation has provided a more effective and efficient means of assuring proper well construction and decommissioning and protection of public health and safety than could be accomplished by the department of ecology acting alone. The legislature further finds that without legislative action, the authority for such delegation will expire June 30, 1996. Therefore, it is the intent of the legislature to extend the authority for delegation an additional four years." [ 1996 c 12 s 1.]
Legislative findings—1992 c 67: "The legislature finds that the public health and safety and the environment would be enhanced by permitting qualified local governmental agencies to administer and enforce portions of the water well construction program." [ 1992 c 67 s 1.]

catchline: Well sealing and decommissioning—Delegation of authority.


title: RCW 18.104.048

text:
A property owner or the owner's agent shall notify the department of his or her intent to begin well construction, reconstruction, or decommissioning procedures at least seventy-two hours in advance of commencing work. The notice shall be submitted on forms provided by the department and shall be accompanied by the fees required by RCW 18.104.055. The notice shall contain the name of the owner of the well, location of the well, proposed use, approximate start date, well contractor's or operator's name and license number, company's name, and other pertinent information as prescribed by rule of the department. Rules of the department shall also provide for prior telephonic notification by well contractors or operators in exceptional situations. The department shall issue a receipt indicating that the notice required by this section has been filed and the fees required by RCW 18.104.055 have been paid not later than three business days after the department has received the notice and fees.
[ 1993 c 387 s 6; 1987 c 394 s 3.]

catchline: Prior notice of well construction, reconstruction, or decommissioning.


title: RCW 18.104.049

text:
The department by rule shall adopt procedures to permit a well operator to modify construction standards to meet unforeseen circumstances encountered during the construction of a well. The procedures shall be developed in consultation with the technical advisory group established in RCW 18.104.190.
[ 1993 c 387 s 7.]

catchline: Modification of construction standards.


title: RCW 18.104.050

text:
(1) Any person authorized by this chapter to construct or decommission a well shall furnish a well report to the director within thirty days after the completion of the construction or decommissioning of a well. The director, by rule, shall prescribe the form of the report and the information to be contained therein.
(2) In the case of a dewatering well project:
(a) A single well construction report may be submitted for all similar dewatering wells constructed with no significant change in geologic formation; and
(b) A single well decommissioning report may be submitted for all similar dewatering wells decommissioned that have no significant change in geologic formation.
[ 2005 c 84 s 3; 1993 c 387 s 8; 1971 ex.s. c 212 s 5.]

catchline: Reports of well construction or decommissioning.


title: RCW 18.104.055

text:
(1) A fee is hereby imposed on each well constructed in this state on or after July 1, 2005.
(2)(a) The fee for one water well, other than a dewatering well, with a minimum top casing diameter of less than twelve inches is two hundred dollars. This fee does not apply to a ground source heat pump boring or a grounding well.
(b) The fee for one water well, other than a dewatering well, with a minimum top casing diameter of twelve inches or greater is three hundred dollars.
(c) The fee for a resource protection well, except for an environmental investigation well, a ground source heat pump boring, or a grounding well, is forty dollars for each well.
(d) The fee for an environmental investigation well in which groundwater is sampled or measured is forty dollars for construction of up to four environmental investigation wells per project, ten dollars for each additional environmental investigation well constructed on a project with more than four wells. There is no fee for soil or vapor sampling purposes.
(e) The fee for a ground source heat pump boring or a grounding well is forty dollars for construction of up to four ground source heat pump borings or grounding wells per project and ten dollars for each additional ground source heat pump boring or grounding well constructed on a project with more than four wells.
(f) The combined fee for construction and decommissioning of a dewatering well system shall be forty dollars for each two hundred horizontal lineal feet, or portion thereof, of the dewatering well system.
(g) The fee to decommission a water well is fifty dollars.
(h) The fee to decommission a resource protection well, except for an environmental investigation well, is twenty dollars. There is no fee to decommission an environmental investigation well or a geotechnical soil boring.
(i) The fee to decommission a ground source heat pump boring or a grounding well is twenty dollars.
(3) The fees imposed by this section shall be paid at the time the notice of well construction is submitted to the department as provided by RCW 18.104.048. The department by rule may adopt procedures to permit the fees required for resource protection wells to be paid after the number of wells actually constructed has been determined. The department shall refund the amount of any fee collected for wells, borings, probes, or excavations as long as construction has not started and the department has received a refund request within one hundred eighty days from the time the department received the fee. The refund request shall be made on a form provided by the department.
[ 2005 c 84 s 4; 2002 c 48 s 2; 1993 c 387 s 9.]

catchline: Fees.


title: RCW 18.104.060

text:
Notwithstanding and in addition to any other powers granted to the department, whenever it appears to the director, or to an assistant authorized by the director to issue regulatory orders under this section, that a person is violating or is about to violate any of the provisions of this chapter, the director, or the director's authorized assistant, may cause a written regulatory order to be served upon said person either personally, or by registered or certified mail delivered to the addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision of this chapter, and if applicable, the rule adopted pursuant to this chapter alleged to be or about to be violated, and the facts upon which the conclusion of violating or potential violation is based, and shall order the act constituting the violation or the potential violation to cease and desist or, in appropriate cases, shall order necessary corrective action to be taken with regard to such acts within a specific and reasonable time. An order issued under this chapter shall become effective immediately upon receipt by the person to whom the order is directed, and shall become final unless review thereof is requested as provided in this chapter.
[ 1993 c 387 s 10; 1971 ex.s. c 212 s 6.]

catchline: Violations—Cease and desist orders.


title: RCW 18.104.065

text:
(1) The department may order a well contractor or well operator to repair, alter, or decommission a well if the department demonstrates that the construction of the well did not meet the standards for well construction in effect at the time construction of the well was completed.
(2) The department may not issue an order pursuant to this section:
(a) For wells for which construction has been substantially completed before July 1, 1993, more than six years after construction has been substantially completed; or
(b) For wells for which construction has been substantially completed on or after July 1, 1993, more than three years after construction has been substantially completed.
For purposes of this subsection, "construction has been substantially completed" has the same meaning as "substantial completion of construction" in RCW 4.16.310.
(3) Subsection (2) of this section shall only apply to a well for which the notice of construction required by RCW 18.104.048 and the report required by RCW 18.104.050 have been filed with the department.
[ 1993 c 387 s 11.]

catchline: Remedies for noncomplying wells.


title: RCW 18.104.070

text:
A person shall be qualified to receive a water well operator's license if the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee determined by rule adopted pursuant to this chapter; and
(2) Has the field experience and educational training required by rule adopted by the department pursuant to this chapter; and
(3) Has passed a written examination as provided for in RCW 18.104.080; and
(4) Has passed an on-site examination by the department if the person's qualifying field experience under subsection (2) of this section is from another state. The department may waive the on-site examination.
[ 1993 c 387 s 12; 1987 c 394 s 2; 1971 ex.s. c 212 s 7.]

catchline: Water well operator's license.


title: RCW 18.104.080

text:
The examination for a license issued pursuant to this chapter shall be prepared to test knowledge and understanding of at least the following subjects:
(1) Washington groundwater laws as they relate to well construction;
(2) Sanitary standards for well drilling and construction of wells;
(3) Types of well construction;
(4) Drilling tools and equipment;
(5) Underground geology as it relates to well construction; and
(6) Rules of the department and the department of health relating to well construction.
Examinations shall be held at such times and places as may be determined by the department but not later than thirty days after an applicant has filed a completed application with the department. The department shall make a determination of the applicant's qualifications for a license within ten days after the examination.
[ 1993 c 387 s 16; 1991 c 3 s 250; 1971 ex.s. c 212 s 8.]

catchline: Examinations—Subjects—Times and places.


title: RCW 18.104.093

text:
The department may issue a water well construction operator's training license if the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;
(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in RCW 18.104.080;
(4) Has passed an on-site examination by the department; and
(5) Presents a statement by a person licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in chapter 5.50 RCW, verifying that the applicant has the field experience required by rules adopted pursuant to this chapter and assuming liability for any and all well construction activities of the person seeking the training license.
A person with a water well construction operator's training license may operate a drilling rig without the direct supervision of a licensed operator if a licensed operator is available by radio, telephone, or other means of communication.
[ 2019 c 232 s 13; 1993 c 387 s 13.]

catchline: Water well construction operator's training license.


title: RCW 18.104.095

text:
A person shall be qualified to receive a resource protection well operator's license if the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;
(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in RCW 18.104.080. This requirement shall not apply to a person who passed the written examination to obtain a resource protection well construction operator's training license; and
(4) Has passed an on-site examination by the department if the person's qualifying field experience is from another state. The department may waive the on-site examination.
A person with a license issued pursuant to this chapter before July 1, 1993, may obtain a resource protection well construction operator's license by paying the application fee determined by rule adopted by the department pursuant to this chapter and submitting evidence required by the department to demonstrate that the person has the required experience to construct resource protection wells.
[ 1993 c 387 s 14.]

catchline: Resource protection well operator's license.


title: RCW 18.104.097

text:
The department may issue a resource protection well operator's training license if the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the department the application fee required by rules adopted pursuant to this chapter;
(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in RCW 18.104.080;
(4) Has passed an on-site examination by the department; and
(5) Presents a statement by a person licensed under this chapter, other than a trainee, signed under penalty of perjury as provided in chapter 5.50 RCW, verifying that the applicant has the field experience required by rules adopted pursuant to this chapter and assuming liability for any and all well construction activities of the person seeking the training license.
A person with a resource protection well construction operator's training license may operate a drilling rig without direct supervision of a licensed operator if a licensed operator is accessible by radio, telephone, or other means of communication.
[ 2019 c 232 s 14; 1993 c 387 s 15.]

catchline: Resource protection well operator's training license.


title: RCW 18.104.100

text:
(1) Licenses issued pursuant to this chapter shall be renewed every two years. A license shall be renewed upon payment of a renewal fee and completion of continuing education requirements and receipt of a completed license renewal application. If a licensee fails to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education, the license shall be suspended at the end of its effective term. The licensee is not allowed to perform work authorized by their license during the time that it is suspended. The licensee is allowed thirty days to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education for the renewal period. Continuing education obtained during the thirty-day suspension period may be applied only to the next renewal period. If a licensee fails to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education by the end of the thirty-day suspension period, the license expires. The department shall adopt rules, in consultation with the technical advisory group created under RCW 18.104.190, that allow for an extension of the thirty-day suspension period for certain situations that are beyond the control of the licensee. The rules must also allow for a retirement or inactive license.
(2) A person whose license has expired must apply for a new license as provided in this chapter. The department may waive the requirement for a written examination and on-site testing for a person whose license has expired.
(3) The department may refuse to renew a license if the licensee has not complied with an order issued by the department or has not paid a penalty imposed in accordance with this chapter, unless the order or penalty is under appeal.
(4) The department may issue a conditional license to enable a former licensee to comply with an order to correct problems with a well.
[ 2005 c 84 s 5; 1993 c 387 s 17; 1971 ex.s. c 212 s 10.]

catchline: Licenses—Duration—Renewal—Failure to renew, procedure—Suspension—Conditional licenses.


title: RCW 18.104.110

text:
(1) In cases other than those relating to the failure of a licensee to renew a license, the director may suspend or revoke a license issued pursuant to this chapter for any of the following reasons:
(a) For fraud or deception in obtaining the license;
(b) For fraud or deception in reporting under RCW 18.104.050;
(c) For violating the provisions of this chapter, or of any lawful rule or regulation of the department or the department of health.
(2) The director shall immediately suspend any license issued under this chapter if the holder of the license 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 or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.
(3) No license shall be suspended for more than six months, except that a suspension under RCW 74.20A.320 shall continue until the department receives a release issued by the department of social and health services stating that the person is in compliance with the order.
(4) No person whose license is revoked shall be eligible to apply for a license for one year from the effective date of the final order of revocation.
[ 1997 c 58 s 828; 1993 c 387 s 18; 1991 c 3 s 251; 1971 ex.s. c 212 s 11.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.


title: RCW 18.104.120

text:
Any person who can demonstrate being materially harmed by the actions or inactions of a well contractor, operator, or trainee, or has knowledge of illegal activities engaged in by a well contractor, operator, or trainee may submit a complaint against the well contractor, operator, or trainee to the department of ecology. The complaint shall be in writing, signed by the complainant, and specify the grievances against the licensee. The department may investigate the complaint to establish the validity of the complaint. In the event evidence shows a violation of this chapter or rules adopted under this chapter, the department may respond to the complaint by issuance of an order appropriate to the violation. Review of the order shall be subject to the hearings procedures set forth in RCW 18.104.130.
[ 2005 c 84 s 7; 1993 c 387 s 19; 1983 c 93 s 1; 1971 ex.s. c 212 s 12.]

catchline: Complaints against a well contractor, operator, or trainee—Department's response—Review.


title: RCW 18.104.130

text:
Any person who feels aggrieved by an order of the department including the granting, denial, revocation, or suspension of a license issued by the department pursuant to this chapter shall be entitled to an appeal pursuant to RCW 43.21B.310.
[ 1987 c 109 s 24; 1971 ex.s. c 212 s 13.]
Notes:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

catchline: Appeals.


title: RCW 18.104.150

text:
(1) All fees paid under this chapter shall be credited by the state treasurer to the reclamation account established by chapter 89.16 RCW. Subject to legislative appropriation, the fees collected under this chapter shall be allocated and expended by the director for the administration of the well construction, well operators' licensing, and education programs.
(2) The department shall provide grants to local governing entities that have been delegated portions of the well construction program pursuant to RCW 18.104.043 to assist in supporting well inspectors hired by the local governing body. Grants provided to a local governing body shall not exceed the revenues generated from fees for the portion of the program delegated and from the area in which authority is delegated to the local governing body.
[ 1993 c 387 s 20; 1971 ex.s. c 212 s 15.]

catchline: Disposition of fees—Grants to local governments.


title: RCW 18.104.155

text:
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.03.150, the department of ecology may assess a civil penalty for a violation of this chapter or rules or orders of the department adopted or issued pursuant to it.
(2) There shall be three categories of violations: Minor, serious, and major.
(a) A minor violation is a violation that does not seriously threaten public health, safety, and the environment. Minor violations include, but are not limited to:
(i) Failure to submit completed start cards and well reports within the required time;
(ii) Failure to submit variance requests before construction;
(iii) Failure to submit well construction fees;
(iv) Failure to place a well identification tag on a new well; and
(v) Minor or reparable construction problems.
(b) A serious violation is a violation that poses a critical or serious threat to public health, safety, and the environment. Serious violations include, but are not limited to:
(i) Improper well construction;
(ii) Intentional and improper location or siting of a well;
(iii) Construction of a well without a required permit;
(iv) Violation of decommissioning requirements;
(v) Repeated minor violations; or
(vi) Construction of a well by a person whose license has expired or has been suspended for not more than ninety days.
(c) A major violation is the construction of a well by a person:
(i) Without a license; or
(ii) After the person's license has been suspended for more than ninety days or revoked.
(3)(a) The penalty for a minor violation shall be not less than one hundred dollars and not more than five hundred dollars. Before the imposition of a penalty for a minor violation, the department may issue an order of noncompliance to provide an opportunity for mitigation or compliance.
(b) The penalty for a serious violation shall be not less than five hundred dollars and not more than five thousand dollars.
(c) The penalty for a major violation shall be not less than five thousand dollars and not more than ten thousand dollars.
(4) In determining the appropriate penalty under subsection (3) of this section the department shall consider whether the person:
(a) Has demonstrated a general disregard for public health and safety through the number and magnitude of the violations;
(b) Has demonstrated a disregard for the well construction laws or rules in repeated or continuous violations; or
(c) Knew or reasonably should have known of circumstances that resulted in the violation.
(5) Penalties provided for in this section shall be imposed pursuant to RCW 43.21B.300. The department shall provide thirty days written notice of a violation as provided in RCW 43.21B.300(3).
(6) For informational purposes, a copy of the notice of violation, resulting from the improper construction of a well, that is sent to a water well contractor or water well construction operator, shall also be sent by the department to the well owner.
(7) Penalties collected by the department pursuant to this section shall be deposited in the reclamation account established by chapter 89.16 RCW. Subject to legislative appropriation, the penalties may be spent only for purposes related to the restoration and enhancement of groundwater resources in the state.
[ 1995 c 403 s 628; 1993 c 387 s 21; 1987 c 394 s 1.]
Notes:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Civil penalties—Amount and disposition.


title: RCW 18.104.160

text:
Any person who shall violate any provision of this chapter, shall be guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than two hundred fifty dollars, or imprisonment in a county jail for a term not to exceed thirty days, or both. Criminal prosecutions for violations of this chapter shall be prosecuted by the prosecuting attorney in the county in which the violation occurred.
[ 1971 ex.s. c 212 s 16.]

catchline: Criminal penalties—Prosecutions.


title: RCW 18.104.170

text:
The remedies provided for in this chapter shall be cumulative and nothing herein shall alter, abridge or foreclose alternative actions at common law or in equity or under statutory law, civil or criminal.
[ 1971 ex.s. c 212 s 17.]

catchline: Remedies cumulative.


title: RCW 18.104.180

text:
No license under this chapter shall be required of:
(1) Any individual who personally constructs a well on land which is owned or leased by the individual or in which the individual has a beneficial interest as a contract purchaser and is used by the individual for farm or single-family residential use only. An individual who constructs a well without a license pursuant to this subsection shall comply with all other requirements of this chapter and rules adopted by the department, including but not limited to, well construction standards, payment of well construction fees, and notification of well construction required by RCW 18.104.048. An individual without a license may construct not more than one well every two years pursuant to the provisions of this subsection.
(2) An individual who performs labor or services for a well contractor in connection with the construction of a well at the direction and under the supervision and control of a licensed operator who is present at the construction site.
(3) A person licensed under the provisions of chapter 18.08 or 18.43 RCW if in the performance of duties covered by those licenses.
[ 1993 c 387 s 24; 1971 ex.s. c 212 s 18.]

catchline: Exemptions.


title: RCW 18.104.190

text:
(1) For the purpose of carrying out the provisions of this chapter, the director shall appoint a technical advisory group, chaired by the department. The technical advisory group shall have twelve members: Two members shall represent the department of ecology, six members shall represent resource protection well contractors or water well contractors, one member shall represent the department of health and be a person who regularly works on issues related to drinking water wells, one member shall represent local health departments and be a person who regularly works on issues related to drinking water wells, one member shall represent licensed professional engineers and be knowledgeable about the design and construction of wells, and one member shall be a licensed hydrogeologist knowledgeable about the design and construction of wells.
(2) The technical advisory group shall assist the department in the development and revision of rules; the preparation and revision of licensing examinations; the development of training criteria for inspectors, well contractors, and well operators; the establishment of continuing education providers; the development of evaluation procedures of all continuing education offerings; and the review of proposed changes to the minimum standards for construction and maintenance of wells by local governments for the purpose of achieving continuity with technology and state rules.
(3) The group shall meet at least twice each year to review rules and suggest any necessary changes.
(4) Each member of the group shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses while engaged in the business of the group as prescribed in RCW 43.03.050 and 43.03.060.
[ 2005 c 84 s 8; 1993 c 387 s 25.]

catchline: Technical advisory group.


title: RCW 18.104.200

text:
(1) A person seeking a new license or to renew an existing license under this chapter must demonstrate a willingness to maintain a high level of professional competency by completing continuing education programs as required by the department by rule. The department shall not approve any continuing education program unless: (a) It is offered by an approved provider; (b) it is open to all persons licensed or pursuing a license under this chapter; and (c) the fees charged are reasonable for all persons desiring to attend the program.
(2) The department, in consultation with the technical advisory group created in RCW 18.104.190, shall adopt rules governing continuing education programs. At a minimum, the rules must establish: A method of approving providers of continuing education; a criteria to evaluate the offerings, workshops, courses, classes, or programs; a criteria for assigning credits; and a criteria for reporting and verifying completion.
(3) The department shall support approved providers by providing, upon request and at the department's discretion, technical assistance and presenters for continuing education offerings.
(4) The department shall maintain a current list of all continuing education offerings by approved providers and ensure that the list is available to all licensees by request. The list must also be posted on the department's website.
[ 2005 c 84 s 6.]

catchline: Continuing education.


title: RCW 18.104.900

text:
This chapter shall be known and may be cited as the "Washington well construction act."
[ 1993 c 387 s 26; 1971 ex.s. c 212 s 19.]

catchline: Short title.


title: RCW 18.104.910

text:
This act shall take effect on July 1, 1971.
[ 1971 ex.s. c 212 s 20.]

catchline: Effective date—1971 ex.s. c 212.


title: RCW 18.104.930

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.
[ 1993 c 387 s 29.]

catchline: Effective date—1993 c 387.


title: RCW 18.106.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advisory board" means the state advisory board of plumbers.
(2) "Department" means the department of labor and industries.
(3) "Director" means the director of department of labor and industries.
(4) "Journey level plumber" means any person who has been issued a certificate of competency by the department of labor and industries as provided in this chapter.
(5) "Like-in-kind" means having similar characteristics such as plumbing size, type, and function, and being in the same location.
(6) "Medical gas piping" means oxygen, nitrous oxide, high pressure nitrogen, medical compressed air, and other medical gas or equipment, including but not limited to medical vacuum systems.
(7) "Medical gas piping installer" means a journey level plumber who has been issued a medical gas piping installer endorsement.
(8) "Plumber trainee" or "trainee" means any person who has been issued a plumbing training certificate under this chapter but has not been issued an appropriate certificate of competency for work being performed. A trainee may perform plumbing work if that person is under the appropriate level of supervision.
(9) "Plumbing" means that craft involved in installing, altering, repairing and renovating potable water systems, liquid waste systems, and medical gas piping systems within a building as defined by the plumbing code as adopted and amended by the state building code council, and includes all piping, fixtures, pumps, and plumbing appurtenances that are used for rainwater catchment and reclaimed water systems within a building.
(10) "Plumbing contractor" means any person, corporate or otherwise, who engages in, or offers or advertises to engage in, any plumbing work covered by the provisions of this chapter by way of trade or business, or any person, corporate or otherwise, who employs anyone, or offers or advertises to employ anyone, to engage in any plumbing work as defined in this section. The plumbing contractor is responsible for ensuring the plumbing business is operated in accordance with rules adopted under this chapter.
(11) "Residential service plumber" means anyone who has been issued a certificate of competency limited to performing residential service plumbing in an existing residential structure.
(a) In single-family dwellings and duplexes only, a residential service plumber may service, repair, or replace previously existing fixtures, piping, and fittings that are outside the interior wall or above the floor, often, but not necessarily in a like-in-kind manner. In any residential structure, a residential service plumber may perform plumbing work as needed to perform drain cleaning and may perform leak repairs on any pipe, fitting, or fixture from the leak to the next serviceable connection.
(b) A residential service plumber may directly supervise plumber trainees provided the trainees have been supervised by an appropriate journey level or specialty plumber for the trainees' first two thousand hours of training.
(c) A residential service plumber may not perform plumbing for new construction of any kind.
(12) "Residential service plumbing" means plumbing work in residential structures where previously existing fixtures, fittings, and piping that are outside the interior walls or above the floor are repaired or replaced often, but not necessarily in a like-in-kind manner, or plumbing work being performed as necessary for drain cleaning.
(13) "Residential structures" means single-family dwellings, duplexes, and multiunit buildings that do not exceed three stories.
(14) "Specialty plumber" means anyone who has been issued a specialty certificate of competency limited to:
(a) Installation, maintenance, and repair of the plumbing of single-family dwellings, duplexes, and apartment buildings that do not exceed three stories;
(b) Maintenance and repair of backflow prevention assemblies; or
(c) A domestic water pumping system consisting of the installation, maintenance, and repair of the pressurization, treatment, and filtration components of a domestic water system consisting of: One or more pumps; pressure, storage, and other tanks; filtration and treatment equipment; if appropriate, a pitless adapter; along with valves, transducers, and other plumbing components that:
(i) Are used to acquire, treat, store, or move water suitable for either drinking or other domestic purposes, including irrigation, to: (A) A single-family dwelling, duplex, or other similar place of residence; (B) a public water system, as defined in RCW 70A.120.020 and as limited under RCW 70A.120.040; or (C) a farm owned and operated by a person whose primary residence is located within thirty miles of any part of the farm;
(ii) Are located within the interior space, including but not limited to an attic, basement, crawl space, or garage, of a residential structure, which space is separated from the living area of the residence by a lockable entrance and fixed walls, ceiling, or floor;
(iii) If located within the interior space of a residential structure, are connected to a plumbing distribution system supplied and installed into the interior space by either: (A) A person who, pursuant to RCW 18.106.070 or 18.106.090, possesses a valid temporary permit or certificate of competency as a journey level plumber, specialty plumber, or trainee, as defined in this chapter; or (B) a person exempt from the requirement to obtain a certified plumber to do such plumbing work under RCW 18.106.150.
(15) "Unsatisfied final judgment" means a judgment or final tax warrant that has not been satisfied either through payment, court-approved settlement, discharge in bankruptcy, or assignment under RCW 19.72.070.
[ 2024 c 97 s 1. Prior: 2021 c 65 s 15; 2020 c 153 s 1; 2013 c 23 s 14; 2006 c 185 s 1; 2003 c 399 s 102; 2002 c 82 s 1; 2001 c 281 s 1; 1997 c 326 s 2; 1995 c 282 s 2; 1983 c 124 s 1; 1977 ex.s. c 149 s 1; 1975 1st ex.s. c 71 s 1; 1973 1st ex.s. c 175 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Part headings not law—2003 c 399: See note following RCW 19.28.006.
Effective date—1997 c 326: "This act takes effect July 1, 1998." [ 1997 c 326 s 7.]

catchline: Definitions.


title: RCW 18.106.020

text:
(1) No person may engage in or offer to engage in the trade of plumbing without having a journey level certificate, specialty certificate, residential service certificate, temporary permit, or trainee certificate and photo identification in his or her possession. The department must establish by rule a requirement that the person also wear and visibly display his or her certificate or permit. A trainee must be supervised by a person who has a journey level certificate, specialty certificate, residential service certificate, or temporary permit, as specified in RCW 18.106.070. Until January 1, 2021, no contractor may employ a person to engage in or offer to engage in the trade of plumbing unless the contractor is a registered plumbing contractor under chapter 18.27 RCW and the person performing the plumbing work has a journey level certificate, specialty certificate, temporary permit, or trainee certificate. After January 1, 2021, no contractor may employ a person to engage in or offer to engage in the trade of plumbing unless the contractor is a licensed plumbing contractor under this chapter and the person performing the plumbing work has a journey level certificate, specialty certificate, residential service certificate, temporary permit, or training certificate.
(2) Without exception, no person may engage in or offer to engage in medical gas piping installation without having a certificate of competency as a journey level plumber and a medical gas piping installer endorsement and photo identification in his or her possession. The department must establish by rule a requirement that the person also wear and visibly display his or her endorsement. A trainee may engage in medical gas piping installation if he or she has a training certificate and is supervised by a person with a medical gas piping installer endorsement. No plumbing contractor may employ a person to engage in or offer to engage in medical gas piping installation unless the person employed has a certificate of competency as a journey level plumber and a medical gas piping installer endorsement.
(3) Violation of this chapter is an infraction. Each day in which a person, firm, or corporation advertises, offers to do work, submits a bid, or performs any work in the trade of plumbing in violation of this chapter or employs a person in violation of this chapter is a separate infraction. Each worksite at which a person engages in the trade of plumbing in violation of this chapter or at which a person is employed in violation of this chapter is a separate infraction.
(4) Notices of infractions for violations of this chapter may be issued to:
(a) The person engaging in or offering to engage in the trade of plumbing in violation of this chapter;
(b) The contractor in violation of this chapter; and
(c) The contractor's employee who authorized the work assignment of the person employed in violation of this chapter.
(5) It is unlawful for anyone required to be licensed under this chapter or registered under chapter 18.27 RCW to subcontract to or use anyone not licensed under this chapter for work covered by the provisions of this chapter.
[ 2020 c 153 s 6; 2013 c 23 s 15; 2009 c 36 s 2; 2006 c 185 s 11; 2002 c 82 s 2; 1997 c 326 s 3; 1994 c 174 s 2; 1983 c 124 s 4; 1977 ex.s. c 149 s 2; 1975 1st ex.s. c 71 s 2; 1973 1st ex.s. c 175 s 2.]
Notes:
Finding—Intent—2009 c 36: "(1) The legislature finds that dishonest construction contractors sometimes hire workers without proper licenses, certificates, permits, and endorsements to do electrical, plumbing, and conveyance work. This practice gives these contractors an unfair competitive advantage and leaves workers and customers vulnerable.
(2) The legislature intends that electricians, plumbers, and conveyance workers be required to have their licenses, certificates, permits, and endorsements and photo identification in their possession while working. The legislature further intends that the department of labor and industries be authorized to require electricians, plumbers, and conveyance workers to wear and visibly display their licenses, certificates, permits, and endorsements while working, and to include photo identification on these documents. These requirements will help address the problems of the underground economy in the construction industry, level the playing field for honest contractors, and protect workers and consumers." [ 2009 c 36 s 1.]
Effective date—1997 c 326: See note following RCW 18.106.010.
Effective date—1994 c 174: "This act shall take effect July 1, 1994." [ 1994 c 174 s 10.]
Effective date—1983 c 124: "Sections 4 through 16 of this act shall take effect on January 1, 1984." [ 1983 c 124 s 21.]

catchline: Certificate or permit required—Photo identification—Trainee supervision required—Medical gas piping installer endorsement—Penalty—Notice of infraction.


title: RCW 18.106.030

text:
(1) Any person desiring to be issued a certificate of competency as provided in this chapter shall deliver evidence in a form prescribed by the department affirming that said person has had sufficient experience in as well as demonstrated general competency in the trade of plumbing or specialty plumbing so as to qualify him or her to make an application for a certificate of competency as a journey level plumber, specialty plumber, or residential service plumber. Completion of a course of study in the plumbing trade in the armed services of the United States or at a school accredited by the workforce training and education coordinating board shall constitute sufficient evidence of experience and competency to enable such person to make application for a certificate of competency for a journey level plumber, specialty plumber, or residential service plumber.
(2) Any person desiring to be issued a medical gas piping installer endorsement shall deliver evidence in a form prescribed by the department affirming that the person has met the requirements established by the department for a medical gas piping installer endorsement.
(3) In addition to supplying the evidence as prescribed in this section, each applicant for a certificate of competency shall submit an application for such certificate on such form and in such manner as shall be prescribed by the director of the department.
[ 2020 c 153 s 7; 2013 c 23 s 16; 2011 c 336 s 504; 1997 c 326 s 4; 1977 ex.s. c 149 s 3; 1973 1st ex.s. c 175 s 3.]
Notes:
Effective date—1997 c 326: See note following RCW 18.106.010.

catchline: Application for certificate of competency—Medical gas piping installer endorsement—Evidence required.