title: RCW 18.16.400

text:
ARTICLE 1
PURPOSE
The purpose of this compact is to facilitate the interstate practice and regulation of cosmetology with the goal of improving public access to, and the safety of, cosmetology services and reducing unnecessary burdens related to cosmetology licensure. Through this compact, the member states seek to establish a regulatory framework which provides for a new multistate licensing program. Through this new licensing program, the member states seek to provide increased value and mobility to licensed cosmetologists in the member states, while ensuring the provision of safe, effective, and reliable services to the public.
This compact is designed to achieve the following objectives, and the member states hereby ratify the same intentions by subscribing hereto:
(1) Provide opportunities for interstate practice by cosmetologists who meet uniform requirements for multistate licensure;
(2) Enhance the abilities of member states to protect public health and safety, and prevent fraud and unlicensed activity within the profession;
(3) Ensure and encourage cooperation between member states in the licensure and regulation of the practice of cosmetology;
(4) Support relocating military members and their spouses;
(5) Facilitate the exchange of information between member states related to the licensure, investigation, and discipline of the practice of cosmetology;
(6) Provide for the licensure and mobility of the workforce in the profession, while addressing the shortage of workers and lessening the associated burdens on the member states.
ARTICLE 2
DEFINITIONS
As used in this compact, and except as otherwise provided, the following definitions shall govern the terms herein:
(1) "Active military member" means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve.
(2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a member state's laws which is imposed by a state licensing authority or other regulatory body against a cosmetologist, including actions against an individual's license or authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation of the licensee's practice, or any other encumbrance on a license affecting an individual's ability to participate in the cosmetology industry, including the issuance of a cease and desist order.
(3) "Alternative program" means a nondisciplinary monitoring or prosecutorial diversion program approved by a member state's state licensing authority.
(4) "Authorization to practice" means a legal authorization associated with a multistate license permitting the practice of cosmetology in that remote state, which shall be subject to the enforcement jurisdiction of the state licensing authority in that remote state.
(5) "Background check" means the submission of information for an applicant for the purpose of obtaining that applicant's criminal history record information, as further defined in 28 C.F.R. Sec. 20.3(d), from the federal bureau of investigation and the agency responsible for retaining state criminal or disciplinary history in the applicant's home state.
(6) "Charter member state" means member states who have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as defined in Article 13 of this compact.
(7) "Commission" means the government agency whose membership consists of all states that have enacted this compact, which is known as the cosmetology licensure compact commission, as defined in Article 9 of this compact, and which shall operate as an instrumentality of the member states.
(8) "Cosmetologist" means an individual licensed in their home state to practice cosmetology.
(9) "Cosmetology," "cosmetology services," and the "practice of cosmetology" mean the care and services provided by a cosmetologist as set forth in the member state's statutes and regulations in the state where the services are being provided.
(10) "Current significant investigative information" means:
(a) Investigative information that a state licensing authority, after an inquiry or investigation that complies with a member state's due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state's laws regarding fraud or the practice of cosmetology; or
(b) Investigative information that indicates that a licensee has engaged in fraud or represents an immediate threat to public health and safety, regardless of whether the licensee has been notified and had an opportunity to respond.
(11) "Data system" means a repository of information about licensees including, but not limited to, license status, investigative information, and adverse actions.
(12) "Disqualifying event" means any event which shall disqualify an individual from holding a multistate license under this compact, which the commission may by rule or order specify.
(13) "Encumbered license" means a license in which an adverse action restricts the practice of cosmetology by a licensee, or where said adverse action has been reported to the commission.
(14) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of cosmetology by a state licensing authority.
(15) "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(16) "Home state" means the member state which is a licensee's primary state of residence, and where that licensee holds an active and unencumbered license to practice cosmetology.
(17) "Investigative information" means information, records, or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry.
(18) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of cosmetology in a state.
(19) "Licensee" means an individual who currently holds a license from a member state to practice as a cosmetologist.
(20) "Member state" means any state that has adopted this compact.
(21) "Multistate license" means a license issued by and subject to the enforcement jurisdiction of the state licensing authority in a licensee's home state, which authorizes the practice of cosmetology in member states and includes authorizations to practice cosmetology in all remote states pursuant to this compact.
(22) "Remote state" means any member state, other than the licensee's home state.
(23) "Rule" means any rule or regulation promulgated by the commission under this compact which has the force of law.
(24) "Single-state license" means a cosmetology license issued by a member state that authorizes practice of cosmetology only within the issuing state and does not include any authorization outside of the issuing state.
(25) "State" means a state, territory, or possession of the United States and the District of Columbia.
(26) "State licensing authority" means a member state's regulatory body responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state.
ARTICLE 3
MEMBER STATE REQUIREMENTS
(1) To be eligible to join this compact, and to maintain eligibility as a member state, a state must:
(a) License and regulate cosmetology;
(b) Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state;
(c) Require that licensees within the state pass a cosmetology competency examination prior to being licensed to provide cosmetology services to the public in that state;
(d) Require that licensees satisfy educational or training requirements in cosmetology prior to being licensed to provide cosmetology services to the public in that state;
(e) Implement procedures for considering one or more of the following categories of information from applicants for licensure: Criminal history; disciplinary history; or background check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant's background check as defined in this compact;
(f) Participate in the data system, including through the use of unique identifying numbers;
(g) Share information related to adverse actions with the commission and other member states, both through the data system and otherwise;
(h) Notify the commission and other member states, in compliance with the terms of the compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state's possession regarding a licensee practicing in that state;
(i) Comply with such rules as may be enacted by the commission to administer this compact; and
(j) Accept licensees from other member states as established in this compact.
(2) Member states may charge a fee for granting a license to practice cosmetology.
(3) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting a multistate license to provide services in any other member state.
(4) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(5) A multistate license issued to a licensee by a home state to a resident of that state shall be recognized by each member state as authorizing a licensee to practice cosmetology in each member state.
(6) At no point shall the commission have the power to define the educational or professional requirements for a license to practice cosmetology. The member states shall retain sole jurisdiction over the provision of these requirements.
ARTICLE 4
MULTISTATE LICENSE
(1) To be eligible to apply to their home state's state licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in their home state.
(2) Upon the receipt of an application for a multistate license, according to the rules of the commission, a member state's state licensing authority shall ascertain whether the applicant meets the requirements for a multistate license under this compact.
(3) If an applicant meets the requirements for a multistate license under this compact and any applicable rules of the commission, the state licensing authority in receipt of the application shall, within a reasonable time, grant a multistate license to that applicant, and inform all member states of the grant of said multistate license.
(4) A multistate license to practice cosmetology issued by a member state's state licensing authority shall be recognized by each member state as authorizing the practice thereof as though that licensee held a single-state license to do so in each member state, subject to the restrictions in this compact.
(5) A multistate license granted pursuant to this compact may be effective for a definite period of time, concurrent with the licensure renewal period in the home state.
(6) To maintain a multistate license under this compact, a licensee must:
(a) Agree to abide by the rules of the state licensing authority, and the state scope of practice laws governing the practice of cosmetology, of any member state in which the licensee provides services;
(b) Pay all required fees related to the application and process, and any other fees which the commission may by rule require; and
(c) Comply with any and all other requirements regarding multistate licenses which the commission may by rule provide.
(7) A licensee practicing in a member state is subject to all scope of practice laws governing cosmetology services in that state.
(8) The practice of cosmetology under a multistate license granted pursuant to this compact will subject the licensee to the jurisdiction of the state licensing authority, the courts, and the laws of the member state in which the cosmetology services are provided.
ARTICLE 5
REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
(1) A licensee may hold a multistate license, issued by their home state, in only one member state at any given time.
(2)If a licensee changes their home state by moving between two member states:
(a) The licensee shall immediately apply for the reissuance of their multistate license in their new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the commission.
(b) Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of the compact and the rules of the commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the commission.
(c) If required for initial licensure, the new home state may require a background check as specified in the laws of that state, or the compliance with any jurisprudence requirements of the new home state.
(d) Notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single-state license in that state.
(3) If a licensee changes their primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single-state license in the new home state.
(4) Nothing in this compact shall interfere with a licensee's ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state, and only one multistate license.
(5) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single-state license.
ARTICLE 6
AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE
LICENSING AUTHORITIES
(1) Nothing in this compact, nor any rule or regulation of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of cosmetology in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this compact.
(2) Insofar as practical, a member state's state licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of cosmetology according to the provisions of this compact.
(3) Discipline shall be the sole responsibility of the state in which cosmetology services are provided. Accordingly, each member state's state licensing authority shall be responsible for receiving complaints about individuals practicing cosmetology in that state, and for communicating all relevant investigative information about any such adverse action to the other member states through the data system in addition to any other methods the commission may by rule require.
ARTICLE 7
ADVERSE ACTIONS
(1) A licensee's home state shall have exclusive power to impose an adverse action against a licensee's multistate license issued by the home state.
(2) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information, or adverse action of a remote state.
(3) In addition to the powers conferred by state law, each remote state's state licensing authority shall have the power to:
(a) Take adverse action against a licensee's authorization to practice cosmetology through the multistate license in that member state, provided that:
(i) Only the licensee's home state shall have the power to take adverse action against the multistate license issued by the home state; and
(ii) For the purposes of taking adverse action, the home state's state licensing authority shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine the appropriate action;
(b) Issue cease and desist orders or impose an encumbrance on a licensee's authorization to practice within that member state;
(c) Complete any pending investigations of a licensee who changes their primary state of residence during the course of such an investigation. The state licensing authority shall also be empowered to report the results of such an investigation to the commission through the data system as described in this compact;
(d) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a state licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing state licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located;
(e) If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee;
(f) Take adverse action against the licensee's authorization to practice in that state based on the factual findings of another remote state.
(4) A licensee's home state shall complete any pending investigation(s) of a cosmetologist who changes their primary state of residence during the course of the investigation(s). The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the data system.
(5) If an adverse action is taken by the home state against a licensee's multistate license, the licensee's authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose an adverse action against a licensee's multistate license shall include a statement that the cosmetologist's authorization to practice is deactivated in all member states during the pendency of the order.
(6) Nothing in this compact shall override a member state's authority to accept a licensee's participation in an alternative program in lieu of adverse action. A licensee's multistate license shall be suspended for the duration of the licensee's participation in any alternative program.
(7) Joint investigations.
(a) In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(b) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
ARTICLE 8
ACTIVE MILITARY MEMBERS AND THEIR SPOUSES
Active military members, or their spouses, shall designate a home state where the individual has a current license to practice cosmetology in good standing. The individual may retain their home state designation during any period of service when that individual or their spouse is on active duty assignment.
ARTICLE 9
ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY
LICENSURE COMPACT COMMISSION
(1) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the cosmetology licensure compact commission. The commission is an instrumentality of the compact member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in Article 13 of this compact.
(2) Membership, voting, and meetings.
(a) Each member state shall have and be limited to one delegate selected by that member state's state licensing authority.
(b) The delegate shall be an administrator of the state licensing authority of the member state or their designee.
(c) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(d) The commission may recommend removal or suspension of any delegate from office.
(e) A member state's state licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.
(f) Each delegate shall be entitled to one vote on all matters that are voted on by the commission.
(g) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, videoconference, or other similar electronic means.
(3) The commission shall have the following powers:
(a) Establish the fiscal year of the commission;
(b) Establish code of conduct and conflict of interest policies;
(c) Adopt rules and bylaws;
(d) Maintain its financial records in accordance with the bylaws;
(e) Meet and take such actions as are consistent with the provisions of this compact, the commission's rules, and the bylaws;
(f) Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any state licensing authority to sue or be sued under applicable law shall not be affected;
(g) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf;
(h) Purchase and maintain insurance and bonds;
(i) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state;
(j) Conduct an annual financial review;
(k) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(l) As set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and thereafter, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period. Nothing in this compact shall be construed to prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license, or a fee for the jurisprudence requirement if the member state imposes such a requirement for the grant of a multistate license;
(m) Assess and collect fees;
(n) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
(o) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;
(p) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(q) Establish a budget and make expenditures;
(r) Borrow money;
(s) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(t) Provide and receive information from, and cooperate with, law enforcement agencies;
(u) Elect a chair, vice chair, secretary, and treasurer and such other officers of the commission as provided in the commission's bylaws;
(v) Establish and elect an executive committee, including a chair and a vice chair;
(w) Adopt and provide to the member states an annual report;
(x) Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and
(y) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(4) The executive committee.
(a) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include:
(i) Overseeing the day-to-day activities of the administration of the compact including compliance with the provisions of the compact, the commission's rules and bylaws, and other such duties as deemed necessary;
(ii) Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;
(iii) Ensuring compact administration services are appropriately provided, including by contract;
(iv) Preparing and recommending the budget;
(v) Maintaining financial records on behalf of the commission;
(vi) Monitoring compact compliance of member states and providing compliance reports to the commission;
(vii) Establishing additional committees as necessary;
(viii) Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and
(ix) Other duties as provided in the rules or bylaws of the commission.
(b)(i) The executive committee shall be composed of up to seven voting members:
(A) The chair and vice chair of the commission and any other members of the commission who serve on the executive committee shall be voting members of the executive committee; and
(B) Other than the chair, vice chair, secretary, and treasurer, the commission shall elect three voting members from the current membership of the commission.
(ii) The commission may elect ex officio, nonvoting members from a recognized national cosmetology professional association as approved by the commission. The commission's bylaws shall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this Article.
(c) The commission may remove any member of the executive committee as provided in the commission's bylaws.
(d) The executive committee shall meet at least annually.
(i) Annual executive committee meetings, as well as any executive committee meeting at which it does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, shall be open to the public, except that the executive committee may meet in a closed, nonpublic session of a public meeting when dealing with any of the matters covered under subsection (6)(d) of this Article.
(ii) The executive committee shall give five business days' advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the executive committee intends to address at those meetings.
(e) The executive committee may hold an emergency meeting when acting for the commission to:
(i) Meet an imminent threat to public health, safety, or welfare;
(ii) Prevent a loss of commission or member state funds; or
(iii) Protect public health and safety.
(5) The commission shall adopt and provide to the member states an annual report.
(6) Meetings of the commission.
(a) All meetings of the commission that are not closed pursuant to (d) of this subsection shall be open to the public. Notice of public meetings shall be posted on the commission's website at least 30 days prior to the public meeting.
(b) Notwithstanding (a) of this subsection, the commission may convene an emergency public meeting by providing at least 24 hours' prior notice on the commission's website, and any other means as provided in the commission's rules, for any of the reasons it may dispense with notice of proposed rule making under Article 11(12) of this compact. The commission's legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.
(c) Notice of all commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, videoconference, or other electronic means, the notice shall include the mechanism for access to the meeting.
(d) The commission may convene in a closed, nonpublic meeting for the commission to discuss:
(i) Noncompliance of a member state with its obligations under the compact;
(ii) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(iii) Current or threatened discipline of a licensee by the commission or by a member state's state licensing authority;
(iv) Current, threatened, or reasonably anticipated litigation;
(v) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
(vi) Accusing any person of a crime or formally censuring any person;
(vii) Trade secrets or commercial or financial information that is privileged or confidential;
(viii) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(ix) Investigative records compiled for law enforcement purposes;
(x) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact;
(xi) Legal advice;
(xii) Matters specifically exempted from disclosure to the public by federal or member state law; or
(xiii) Other matters as promulgated by the commission by rule.
(e) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
(f) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(7) Financing of the commission.
(a) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(b) The commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.
(c) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall promulgate by rule.
(d) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any member states, except by and with the authority of the member state.
(e) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(8) Qualified immunity, defense, and indemnification.
(a) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this subsection (8)(a) shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
(b) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
(c) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(d) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(e) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman act, Clayton act, or any other state or federal antitrust or anticompetitive law or regulation.
(f) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
ARTICLE 10
DATA SYSTEM
(1) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system.
(2) The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.
(3) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(a) Identifying information;
(b) Licensure data;
(c) Adverse actions against a license and information related thereto;
(d) Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation;
(e) Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any criminal history record information where prohibited by law);
(f) The existence of investigative information;
(g) The existence of current significant investigative information; and
(h) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.
(4) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.
(5) The existence of current significant investigative information and the existence of investigative information pertaining to a licensee in any member state will only be available to other member states.
(6) It is the responsibility of the member states to monitor the database to determine whether adverse action has been taken against such a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any member state will be available to any other member state.
(7) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(8) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
ARTICLE 11
RULE MAKING
(1) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rule-making authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.
(2) The rules of the commission shall have the force of law in each member state, provided however that where the rules of the commission conflict with the laws of the member state that establish the member state's scope of practice laws governing the practice of cosmetology as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.
(3) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules shall become binding as of the date specified by the commission for each rule.
(4) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state or to any state applying to participate in the compact.
(5) Rules shall be adopted at a regular or special meeting of the commission.
(6) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
(7) Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rule making:
(a) On the website of the commission or other publicly accessible platform;
(b) To persons who have requested notice of the commission's notices of proposed rule making; and
(c) In such other way(s) as the commission may by rule specify.
(8) The notice of proposed rule making shall include:
(a) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule;
(b) If the hearing is held via telecommunication, videoconference, or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rule making;
(c) The text of the proposed rule and the reason therefor;
(d) A request for comments on the proposed rule from any interested person; and
(e) The manner in which interested persons may submit written comments.
(9) All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.
(10) Nothing in this Article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this Article.
(11) The commission shall, by majority vote of all members, take final action on the proposed rule based on the rule-making record and the full text of the rule.
(a) The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.
(b) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(c) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in Article 11(12) of this compact, the effective date of the rule shall be no sooner than 45 days after the commission issuing the notice that it adopted or amended the rule.
(12) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with five days' notice, with opportunity to comment, provided that the usual rule-making procedures provided in the compact and in this Article shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately to:
(a) Meet an imminent threat to public health, safety, or welfare;
(b) Prevent a loss of commission or member state funds;
(c) Meet a deadline for the promulgation of a rule that is established by federal law or rule; or
(d) Protect public health and safety.
(13) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
(14) No member state's rule-making requirements shall apply under this compact.
ARTICLE 12
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
(1) Oversight.
(a) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
(b) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
(c) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or promulgated rules.
(2) Default, technical assistance, and termination.
(a) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.
(b) The commission shall provide a copy of the notice of default to the other member states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority, and each of the member states' state licensing authority.
(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) Upon the termination of a state's membership from this compact, that state shall immediately provide notice to all licensees who hold a multistate license within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of said notice of termination.
(g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
(3) Dispute resolution.
(a) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
(b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(4) Enforcement.
(a) The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commission's rules.
(b) By majority vote as provided by commission rule, the commission may initiate legal action against a member state in default in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state's law.
(c) A member state may initiate legal action against the commission in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
(d) No individual or entity other than a member state may enforce this compact against the commission.
ARTICLE 13
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
(1) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state.
(a) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute.
(i) A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Article 12 of this compact.
(ii) If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than seven.
(b) Member states enacting the compact subsequent to the charter member states shall be subject to the process set forth in Article 9(3)(x) of this compact to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
(c) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(d) Any state that joins the compact shall be subject to the commission's rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(2) Any member state may withdraw from this compact by enacting a statute repealing that state's enactment of the compact.
(a) A member state's withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(b) Withdrawal shall not affect the continuing requirement of the withdrawing state's state licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(c) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
(3) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(4) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
ARTICLE 14
CONSTRUCTION AND SEVERABILITY
(1) This compact and the commission's rule-making authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission's rule-making authority solely for those purposes.
(2) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the Constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
(3) Notwithstanding subsection (2) of this Article, the commission may deny a state's participation in the compact or, in accordance with the requirements of Article 12 of this compact, terminate a member state's participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the Constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
ARTICLE 15
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
(1) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(2) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
(3) All permissible agreements between the commission and the member states are binding in accordance with their terms.
[ 2025 c 238 s 1.]
Notes:
Short title—2025 c 238 s 1: "Section 1 of this act may be known and cited as the cosmetology licensure compact." [ 2025 c 238 s 2.]
Effective date—2025 c 238: "This act takes effect June 1, 2028." [ 2025 c 238 s 6.]

catchline: Cosmetology licensure compact. (Effective June 1, 2028.)


doc_type: statute

jurisdiction: wa

title: RCW 18.16.410

text:
(1) By enacting the cosmetology licensure compact in RCW 18.16.400, Washington state hereby adopts the compact as of June 1, 2028.
(2) This compact only applies to multistate licenses for the practice of cosmetology as defined in RCW 18.16.020.
[ 2025 c 238 s 4.]
Notes:
Effective date—2025 c 238: See note following RCW 18.16.400.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Cosmetology licensure compact—Adoption—Applicability. (Effective June 1, 2028.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.16.900

text:
This chapter shall be known and may be cited as the "Washington cosmetologists, hair designers, barbers, manicurists, and estheticians act."
[ 2015 c 62 s 12; 2002 c 111 s 17; 1984 c 208 s 20.]
Notes:
Effective date—2002 c 111: See note following RCW 18.16.010.

catchline: Short title.


title: RCW 18.16.907

text:
This act shall take effect July 1, 1984.
[ 1984 c 208 s 23.]

catchline: Effective date—1984 c 208.


title: RCW 18.160.010

text:
The following words or terms shall have the meanings indicated unless the context clearly indicates otherwise.
(1) "Certificate of competency holder" means an individual who has satisfactorily met the qualifications and has received a certificate of competency from the state director of fire protection under the provisions of this chapter.
(2) "Fire protection sprinkler system contractor" means a person or organization that offers to undertake the execution of contracts for the installation, inspection, maintenance, or servicing of a fire protection sprinkler system or any part of such a system.
(3) "Fire protection sprinkler system" means an assembly of underground and/or overhead piping or conduit beginning at the connection to the primary water supply, whether public or private, that conveys water with or without other agents to dispersal openings or devices to extinguish, control, or contain fire and to provide protection from exposure to fire or other products of combustion.
(4) "Fire protection sprinkler system contractor's license" means the license issued by the state director of fire protection to a fire protection sprinkler system contractor upon an application being approved, the fee being paid, and the satisfactory completion of the requirements of this chapter. The license shall be issued in the name of the fire protection sprinkler system contractor with the name or names of the certificate of competency holder noted thereon.
(5) "NFPA 13-D" means whatever standard that is used by the national fire protection association for the installation of fire protection sprinkler systems in one or two-family residential dwellings or mobile homes.
(6) "NFPA 13-R" means whatever standard that is used by the national fire protection association for the installation of fire protection sprinkler systems in residential dwellings up to four stories in height.
(7) "Inspection" means a visual examination of a fire protection sprinkler system or portion of the system to verify that the system appears to be in operating condition and is free from physical damage and complies with the applicable statutes and regulations adopted by the state director of fire protection.
(8) "Installation" means the initial placement of fire protection sprinkler system equipment or the extension, modification, or alteration of equipment after the initial placement. Installation shall include the work from a street or main water access throughout the entire building.
(9) "Maintenance" means to maintain in the condition of repair that provides performance as originally planned.
(10) "Organization" means a corporation, partnership, firm, or other business association, governmental entity, or any other legal or commercial entity.
(11) "Person" means a natural person, including an owner, manager, partner, officer, employee, or occupant.
(12) "Service" means to repair or test.
[ 1990 c 177 s 2.]

catchline: Definitions.


title: RCW 18.160.020

text:
(1) A municipality or county may not enact an order, ordinance, rule, or regulation requiring a fire protection sprinkler system contractor to obtain a fire sprinkler contractor license from the municipality or county. However, a municipality or county may require a fire protection sprinkler system contractor to obtain a permit and pay a fee for the installation of a fire protection sprinkler system and require the installation of such systems to conform with the building code or other construction requirements of the municipality or county, but may not impose financial responsibility requirements other than proof of a valid license.
(2) This chapter does not apply to:
(a) United States, state, and local government employees, building officials, fire marshals, fire inspectors, or insurance inspectors when acting in their official capacities;
(b) A person or organization acting under court order;
(c) A person or organization that sells or supplies products or materials to a licensed fire protection sprinkler system contractor;
(d) A registered professional engineer acting solely in a professional capacity;
(e) An employee of a licensed fire protection sprinkler system contractor performing duties for the registered fire protection sprinkler system contractor; and
(f) An owner/occupier of a single-family residence performing his or her own installation in that residence.
[ 1990 c 177 s 3.]

catchline: Local government license and permit requirements—Exemptions from chapter.


title: RCW 18.160.030

text:
(1) This chapter shall be administered by the state director of fire protection.
(2) The state director of fire protection shall have the authority, and it shall be his or her duty to:
(a) Issue such administrative regulations as necessary for the administration of this chapter;
(b)(i) Set reasonable fees for licenses, certificates, testing, and other aspects of the administration of this chapter. However, the license fee for fire protection sprinkler system contractors engaged solely in the installation, inspection, maintenance, or servicing of NFPA 13-D fire protection sprinkler systems shall not exceed $125, and the license fee for fire protection sprinkler system contractors engaged solely in the installation, inspection, maintenance, or servicing of NFPA 13-R fire protection sprinkler systems shall not exceed $375;
(ii) Adopt rules establishing a special category restricted to contractors registered under chapter 18.27 RCW who install underground systems that service fire protection sprinkler systems. The rules shall be adopted within 90 days of March 31, 1992;
(iii) Subject to RCW 18.160.120, adopt rules defining infractions under this chapter and fines to be assessed for those infractions;
(c) Enforce the provisions of this chapter;
(d) Conduct investigations of complaints to determine if any infractions of this chapter or the regulations developed under this chapter have occurred;
(e) Assign a certificate number to each certificate of competency holder; and
(f) Adopt rules necessary to implement and administer a program which requires the affixation of a seal any time a fire protection sprinkler system is installed, which seal shall include the certificate number of any certificate of competency holder who installs, in whole or in part, the fire protection sprinkler system.
[ 2023 c 329 s 1; 2003 c 74 s 1; 2000 c 171 s 35; 1992 c 116 s 2; 1990 c 177 s 4.]
Notes:
Effective date—2023 c 329: "This act takes effect January 1, 2024." [ 2023 c 329 s 7.]

catchline: State director of fire protection—Duties.


title: RCW 18.160.040

text:
(1) To become a certificate of competency holder under this chapter, an applicant must have satisfactorily passed an examination administered by the state director of fire protection. A certificate of competency holder can satisfy this examination requirement by presenting a copy of a current certificate of competency from the national institute for certification in engineering technologies showing that the applicant has achieved the classification of engineering technician level 3 or senior engineering technician level 4 in the field of fire protection, automatic sprinkler system layout. The state director of fire protection may accept equivalent proof of qualification in lieu of examination. This examination requirement is mandatory except as otherwise provided in this chapter.
(2) Every applicant for a certificate of competency shall fulfill the requirements established by the state director of fire protection under chapter 34.05 RCW.
(3) Every applicant for a certificate of competency shall make application to the state director of fire protection and pay the fees required.
(4) Provided the application for the certificate of competency is made prior to ninety days after May 1, 1991, the state director of fire protection, in lieu of the examination requirements of the applicant for a certificate of competency, may accept as satisfactory evidence of competency and qualification, affidavits attesting that the applicant has had a minimum of three years' experience.
(5) The state director of fire protection may issue a temporary certificate of competency to an applicant who, in his or her judgment, will satisfactorily perform as a certificate of competency holder under the provisions of this chapter. The temporary certificate of competency shall remain in effect for a period of up to three years. The temporary certificate of competency holder shall, within the three-year period, complete the examination requirements specified in subsection (1) of this section. There shall be no examination exemption for an individual issued a temporary certificate of competency. Prior to the expiration of the three-year period, the temporary certificate of competency holder shall make application for a regular certificate of competency. The procedures and qualifications for issuance of a regular certificate of competency shall be applicable to the temporary certificate of competency holder. When a temporary certificate of competency expires, the holder shall cease all activities associated with the holding of a temporary certificate of competency, subject to the penalties contained in this chapter.
(6) To become a licensed fire protection sprinkler system contractor under this chapter, a person or firm must comply with the following:
(a) Must be or have in his or her full-time employ a holder of a valid certificate of competency;
(b) Comply with the minimum insurance requirements of this chapter; and
(c) Make application to the state director of fire protection for a license and pay the fees required.
(7) Each license and certificate of competency issued under this chapter must be posted in a conspicuous place in the fire protection sprinkler system contractor's place of business.
(8) All bids, advertisements, proposals, offers, and installation drawings for fire protection sprinkler systems must prominently display the fire protection sprinkler system contractor's license number.
(9) A certificate of competency or license issued under this chapter is not transferable.
(10) In no case shall a certificate of competency holder be employed full time by more than one fire protection sprinkler system contractor at the same time. If the certificate of competency holder should leave the employment of the fire protection sprinkler system contractor, he or she must notify the state director of fire protection within thirty days. If the certificate of competency holder should leave the employment of the fire protection sprinkler system contractor, the contractor shall have six months or until the expiration of the current license, whichever occurs last, to submit a new application identifying another certificate of competency holder who is at the time of application an owner of the fire protection sprinkler system business or a full-time employee of the fire protection sprinkler system contractor, in order to be issued a new license. If such application is not received and a new license issued within the allotted time, the state director of fire protection shall revoke the license of the fire protection sprinkler system contractor.
[ 2000 c 171 s 36; 1990 c 177 s 5.]

catchline: Certificate of competency—Contractor license.


title: RCW 18.160.050

text:
(1)(a) All certificate of competency holders that desire to continue in the fire protection sprinkler business shall annually, prior to January 1st, secure from the state director of fire protection a renewal certificate of competency upon payment of the fee as prescribed by the state director of fire protection. Application for renewal shall be upon a form prescribed by the state director of fire protection and the certificate holder shall furnish the information required by the director.
(b) Failure of any certificate of competency holder to secure his or her renewal certificate of competency within 60 days after the due date shall constitute sufficient cause for the state director of fire protection to suspend the certificate of competency.
(c) The state director of fire protection may, upon the receipt of payment of all delinquent fees including a late charge, restore a certificate of competency that has been suspended for failure to pay the renewal fee.
(d) A certificate of competency holder may voluntarily surrender his or her certificate of competency to the state director of fire protection and be relieved of the annual renewal fee. After surrendering the certificate of competency, he or she shall not be known as a certificate of competency holder and shall desist from the practice thereof. Within two years from the time of surrender of the certificate of competency, he or she may again qualify for a certificate of competency, without examination, by the payment of the required fee. If two or more years have elapsed, he or she shall return to the status of a new applicant.
(2)(a) All licensed fire protection sprinkler system contractors desiring to continue to be licensed shall annually, prior to January 1st, secure from the state director of fire protection a renewal license upon payment of the fee as prescribed by the state director of fire protection. Application for renewal shall be upon a form prescribed by the state director of fire protection and the license holder shall furnish the information required by the director.
(b) Failure of any license holder to secure his or her renewal license within 60 days after the due date shall constitute sufficient cause for the state director of fire protection to suspend the license.
(c) The state director of fire protection may, upon the receipt of payment of all delinquent fees including a late charge, restore a license that has been suspended for failure to pay the renewal fee.
(3) The initial certificate of competency or license fee shall be prorated based upon the portion of the year such certificate of competency or license is in effect, prior to renewal on January 1st.
(4) The fire protection contractor license fund is created in the custody of the state treasurer. Except for penalties received under RCW 18.160.120, all receipts from license and certificate fees and charges or from the money generated by the rules and regulations promulgated under this chapter shall be deposited into the fund. Expenditures from the fund may be used only for purposes authorized under this chapter and for providing assistance in identifying fire sprinkler system components that have been subject to either a recall or voluntary replacement program by a manufacturer of fire sprinkler products, a nationally recognized testing laboratory, or the federal consumer product safety commission; and for use in developing and publishing educational materials related to the effectiveness of residential fire sprinklers. Assistance shall include, but is not limited to, aiding in the identification of recalled components, information sharing strategies aimed at ensuring the consumer is made aware of recalls and voluntary replacement programs, and providing training and assistance to local fire authorities, the fire sprinkler industry, and the public. Only the state director of fire protection or the director's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
[ 2023 c 329 s 2; 2018 c 37 s 1; 2011 c 331 s 2; 2008 c 155 s 2; 2005 c 109 s 1; 1990 c 177 s 6.]
Notes:
Effective date—2023 c 329: See note following RCW 18.160.030.
Intent—2011 c 331: See note following RCW 82.02.100.

catchline: Renewal—Certificate of competency—Contractor license—Fire protection contractor license fund created.


title: RCW 18.160.070

text:
(1) Nothing in this chapter limits the power of a municipality, county, or the state to regulate the quality and character of work performed by contractors, through a system of permits, fees, and inspections which are designed to assure compliance with and aid in the implementation of state and local building laws or to enforce other local laws for the protection of the public health and safety. Nothing in this chapter limits the power of the municipality, county, or the state to adopt any system of permits requiring submission to and approval by the municipality, county, or the state, of technical drawings and specifications for work to be performed by contractors before commencement of the work. The official authorized to issue building or other related permits shall ascertain that the fire protection sprinkler system contractor is duly licensed by requiring evidence of a valid fire protection sprinkler system contractor's license.
(2) This chapter applies to any fire protection sprinkler system contractor performing work for any municipality, county, or the state. Officials of any municipality, county, or the state are required to determine compliance with this chapter before awarding any contracts for the installation, repair, service, alteration, fabrication, addition, or inspection of a fire protection sprinkler system.
[ 1990 c 177 s 8.]

catchline: Local government regulation—Application to state and government contractors.


title: RCW 18.160.080

text:
(1) The state director of fire protection may refuse to issue or renew or may suspend or revoke the privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder to engage in the fire protection sprinkler system business or in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:
(a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration, maintenance, inspection, service, or addition to fire protection sprinkler systems;
(b) Except as provided in RCW 9.97.020, conviction of a felony;
(c) Fraudulent or dishonest practices while engaging in the fire protection sprinkler system business;
(d) Use of false evidence or misrepresentation in an application for a license or certificate of competency;
(e) Permitting his or her license to be used in connection with the preparation of any technical drawings which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of this chapter; or
(f) Knowingly violating any provisions of this chapter or the regulations issued thereunder.
(2) The state director of fire protection shall revoke the license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder who engages in the fire protection sprinkler system business while the license or certificate of competency is suspended.
(3) The state director of fire protection shall immediately suspend any license or certificate issued under this chapter if the holder 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 issuance or reinstatement during the suspension, issuance or reissuance of the license or certificate 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.
(4) Any licensee or certificate of competency holder who is aggrieved by an order of the state director of fire protection suspending or revoking a license may, within thirty days after notice of such suspension or revocation, appeal under chapter 34.05 RCW. This subsection does not apply to actions taken under subsection (3) of this section.
[ 2016 c 81 s 17; 1997 c 58 s 834; 1990 c 177 s 10.]
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.
Finding—Conflict with federal requirements—2016 c 81: See notes following RCW 9.97.010.
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: Actions against certificates or licenses—Grounds—Appeal.


title: RCW 18.160.090

text:
(1) Before granting a license under this chapter, the director of fire protection shall require that the applicant file with the state director of fire protection a surety bond issued by a surety insurer who meets the requirements of chapter 48.28 RCW in a form acceptable to the director of fire protection running to the state of Washington in the penal sum of ten thousand dollars. However, the surety bond for a fire protection sprinkler system contractor whose business is restricted solely to NFPA 13-D or NFPA 13-R systems shall be in the penal sum of six thousand dollars. The bond shall be conditioned that the applicant will pay all purchasers of fire protection sprinkler systems with whom the applicant has a contract for the applicant to install, inspect, maintain, or service a fire protection sprinkler system, and who have obtained a judgment against the applicant for the breach of such a contract. The term "purchaser" means an owner of property who has entered into a contract for the installation of a fire protection sprinkler system on that property, or a contractor who contracts to install, inspect, maintain, or service such a system with an owner of property and subcontracts the work to the applicant. No other person, including, but not limited to, persons who supply labor, materials, or rental equipment to the applicant, shall have any rights against the bond.
(2) In lieu of the surety bond required by this section the applicant may file with the director of fire protection a deposit consisting of cash or other security acceptable to the director of fire protection in an amount equal to the penal sum of the required bond. The director of fire protection may adopt rules necessary for the proper administration of the security.
(3) Before granting renewal of a fire protection sprinkler system contractor's license to any applicant, the director of fire protection shall require that the applicant file with the director satisfactory evidence that the surety bond or cash deposit is in full force.
(4) Any purchaser of a fire protection sprinkler system having a claim against the licensee for the breach of a contract for the licensee to install, inspect, maintain, or service a fire protection sprinkler system may bring suit upon such bond in superior court of the county in which the work was done or of any county in which jurisdiction of the licensee may be had. Any such action must be brought not later than one year after the expiration of the licensee's license or renewal license then in effect at the time of the alleged breach of contract.
(5) The bond shall be considered one continuous obligation, and the surety upon the bond shall not be liable in aggregate or cumulative amount exceeding ten thousand dollars, or six thousand dollars if the bond was issued to a licensee whose business is restricted solely to NFPA 13-D or NFPA 13-R systems, regardless of the number of years the bond is in effect, or whether it is reinstated, renewed, reissued, or otherwise continued, and regardless of the year in which any claim accrued. The bond shall not be liable for any liability of the licensee for tortious acts, whether or not such liability is imposed by statute or common law, or is imposed by contract. The bond shall not be a substitute or supplemental to any liability or other insurance required by law or by the contract.
(6) If the surety desires to make payment without awaiting court action against it, the amount of the bond shall be reduced to the extent of any payment made by the surety in good faith under the bond. Any payment shall be based on final judgments received by the surety.
(7) Claims against the bond shall be satisfied from the bond in the following order:
(a) Claims by a purchaser of a fire protection sprinkler system for the breach of a contract for the licensee to install, inspect, maintain, or service a fire protection sprinkler system;
(b) Any court costs, interest, and attorneys' fees the plaintiff may be entitled to recover by contract, statute, or court rule.
A condition precedent to the surety being liable to any claimant is a final judgment against the licensee, unless the surety desires to make payment without awaiting court action. In the event of a dispute regarding the apportionment of the bond proceeds among claimants, the surety may bring an action for interpleader against all claimants upon the bond.
(8) Any purchaser of a fire protection sprinkler system having an unsatisfied final judgment against the licensee for the breach of a contract for the licensee to install, inspect, maintain, or service a fire protection sprinkler system may execute upon the security held by the director of fire protection by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the director within one year of the date of entry of such judgment. Upon the receipt of service of such certified copy the director shall pay or order paid from the deposit, through the registry of the court which rendered judgment, towards the amount of the unsatisfied judgment. The priority of payment by the director shall be the order of receipt by the director, but the director shall have no liability for payment in excess of the amount of the deposit.
[ 1991 sp.s. c 6 s 1.]

catchline: Surety bond—Security deposit—Venue and time limit for actions upon bonds—Limit of liability of surety—Payment of claims.


title: RCW 18.160.100

text:
Any fire protection sprinkler system contractor who constructs, installs, or maintains a fire protection sprinkler system in any occupancy, except an owner-occupied single-family dwelling, without first obtaining a fire sprinkler contractor's license from the state of Washington, is guilty of a gross misdemeanor. This section may not be construed to create any criminal liability for a prime contractor or an owner of an occupancy unless it is proved that the prime contractor or owner had actual knowledge of an illegal construction, installation, or maintenance of a fire protection sprinkler system by a fire protection sprinkler system contractor.
[ 1992 c 116 s 3.]
Notes:
Wrongful acts by contractor, criminal penalty: RCW 9.45.260.

catchline: Unlicensed operations—Penalty.


title: RCW 18.160.110

text:
Civil proceedings to enforce this chapter may be brought by the attorney general or the prosecuting attorney of any county where a violation occurs on his or her own motion or at the request of the state director of fire protection.
[ 1992 c 116 s 4.]

catchline: Enforcement—Civil proceedings.


title: RCW 18.160.120

text:
(1) A fire protection sprinkler system contractor found to have committed an infraction under this chapter as defined in rule under RCW 18.160.030(2)(b)(iii) shall be assessed a fine of not less than $300 and not more than $7,500 for the first infraction, a fine of not less than $400 and not more than $10,000 for a second infraction by the same contractor, and a fine of not less than $1,000 and not more than $15,000 for the third and any subsequent infractions by the same contractor.
(2) A fire protection sprinkler system contractor who fails to obtain a certificate of competency under RCW 18.160.040 shall be assessed a fine of not less than $1,500 and not more than $7,500 for the first infraction, and a fine of not less than $2,500 and not more than $10,000 for a second infraction by the same contractor, and a fine of not less than $5,000 and not more than $25,000 for the third and any subsequent infractions by the same contractor.
(3) All fines collected under this section shall be deposited into the fire protection compliance account.
[ 2023 c 329 s 3; 2003 c 74 s 2.]
Notes:
Effective date—2023 c 329: See note following RCW 18.160.030.

catchline: Infractions—Failure to obtain certificate of competency—Fines.


title: RCW 18.160.125

text:
(1) The state director of fire protection or their authorized representative must investigate alleged violations of this chapter.
(2) Upon the request of a fire code official, a fire protection sprinkler system contractor performing work on a fire protection sprinkler system must produce evidence of a license issued by the director of fire protection under this chapter. Failure to produce such evidence is an infraction under this chapter.
(3) If the fire protection sprinkler system contractor working on a fire protection sprinkler system does not have a license or is otherwise acting in violation of this chapter, the fire code official may issue a stop work order on the project. The order remains in effect until the fire code official or state director of fire protection finds that the contractor is in compliance with this chapter or otherwise finds that the work will be conducted in compliance with this chapter.
(4) A fire code official may determine whether public safety warrants the removal and replacement of a fire protection sprinkler system or any component thereto that has been installed, altered, or extended by an unlicensed fire protection sprinkler system contractor.
(5) If a fire code official finds that a fire protection sprinkler system contractor working on a fire protection sprinkler system does not have a license or is in violation of other provisions of this chapter, the fire official shall promptly notify the state director of fire protection or their designee to initiate an investigation.
(6) For purposes of this section, "fire code official" means any person authorized by a city, town, county, or local governing body with jurisdiction over fire industry regulation or any other person authorized by the state director of fire protection to conduct enforcement under this chapter.
[ 2026 c 29 s 1.]

catchline: Licensed contractor requirement—Fire code official—Enforcement.


title: RCW 18.160.127

text:
The state director of fire protection or the director's designee, may require a fire protection sprinkler system contractor to provide all relevant payroll records in a timely manner pertaining to an active investigation under this chapter.
[ 2026 c 29 s 2.]


title: RCW 18.160.130

text:
The fire protection compliance account is created in the custody of the state treasurer. All fines collected under RCW 18.160.120 and the rules and regulations adopted under RCW 18.160.120 must be deposited into the account. Expenditures from the account may only be used for the purposes of enforcing this chapter. Only the state director of fire protection or their designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
[ 2023 c 329 s 4.]
Notes:
Effective date—2023 c 329: See note following RCW 18.160.030.

catchline: Fire protection compliance account.


title: RCW 18.160.900

text:
This chapter applies prospectively only and not retroactively. A municipal or county order, ordinance, rule, or regulation that is in effect as of May 1, 1991, is not invalid because of the provisions of this chapter. This chapter does not prohibit municipalities or counties from adopting stricter guidelines that will assure the proper installation of fire sprinkler systems within their jurisdictions.
[ 1990 c 177 s 12.]

catchline: Prospective application.


title: RCW 18.160.901

text:
RCW 18.160.010 through 18.160.080 shall take effect May 1, 1991.
[ 1990 c 177 s 13.]

catchline: Effective date—1990 c 177.


title: RCW 18.165.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Armed private investigator" means a private investigator who has a current firearms certificate issued by the commission and is licensed as an armed private investigator under this chapter.
(2) "Chief law enforcement officer" means the elected or appointed police administrator of a municipal, county, or state police or sheriff's department that has full law enforcement powers in its jurisdiction.
(3) "Commission" means the criminal justice training commission established in chapter 43.101 RCW.
(4) "Department" means the department of licensing.
(5) "Director" means the director of the department of licensing.
(6) "Employer" includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an agent of any of the foregoing that employs or seeks to enter into an arrangement to employ any person as a private investigator.
(7) "Firearms certificate" means a certificate issued by the commission.
(8) "Forensic scientist" or "accident reconstructionist" means a person engaged exclusively in collecting and analyzing physical evidence and data relating to an accident or other matter and compiling such evidence or data to render an opinion of likely cause, fault, or circumstance of the accident or matter.
(9) "Person" includes any individual, firm, corporation, partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an agent or employee of any of the foregoing.
(10) "Principal" of a private investigator agency means the owner or manager appointed by a corporation.
(11) "Private investigator" means a person who is licensed under this chapter and is employed by a private investigator agency for the purpose of investigation, escort or body guard services, or property loss prevention activities.
(12) "Private investigator agency" means a person or entity licensed under this chapter and engaged in the business of detecting, discovering, or revealing one or more of the following:
(a) Crime, criminals, or related information;
(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person or thing;
(c) The location, disposition, or recovery of lost or stolen property;
(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property;
(e) Evidence to be used before a court, board, officer, or investigative committee;
(f) Detecting the presence of electronic eavesdropping devices; or
(g) The truth or falsity of a statement or representation.
(13) "Qualifying agent" means an officer or manager of a corporation who meets the requirements set forth in this chapter for obtaining a private investigator agency license.
(14) "Sworn peace officer" means a person who is an employee of the federal government, the state, or a political subdivision, agency, or department branch of a municipality or other unit of local government, and has law enforcement powers.
[ 1995 c 277 s 17; 1991 c 328 s 1.]


title: RCW 18.165.020

text:
The requirements of this chapter do not apply to:
(1) A person who is employed exclusively or regularly by one employer and performs investigations solely in connection with the affairs of that employer, if the employer is not a private investigator agency;
(2) An officer or employee of the United States or of this state or a political subdivision thereof, while engaged in the performance of the officer's official duties;
(3) A person engaged exclusively in the business of obtaining and furnishing information about the financial rating of persons;
(4) An attorney-at-law while performing the attorney's duties as an attorney;
(5) A licensed collection agency or its employee, while acting within the scope of that person's employment and making an investigation incidental to the business of the agency;
(6) Insurers, agents, and insurance brokers licensed by the state, while performing duties in connection with insurance transacted by them;
(7) A bank subject to the jurisdiction of the department of financial institutions or the comptroller of currency of the United States, or a savings and loan association subject to the jurisdiction of this state or the federal home loan bank board;
(8) A licensed insurance adjuster performing the adjuster's duties within the scope of the adjuster's license;
(9) A secured creditor engaged in the repossession of the creditor's collateral, or a lessor engaged in the repossession of leased property in which it claims an interest;
(10) A person who is a forensic scientist, accident reconstructionist, or other person who performs similar functions and does not hold himself or herself out to be an investigator in any other capacity;
(11) A person solely engaged in the business of securing information about persons or property from public records; or
(12) A certified public accountant regulated under chapter 18.04 RCW or the employee of a certified public accountant performing duties within the scope of public accountancy.
[ 2015 c 105 s 1; 2000 c 171 s 37; 1995 c 277 s 18; 1991 c 328 s 2.]

catchline: Exemptions.


title: RCW 18.165.030

text:
An applicant must meet the following minimum requirements to obtain a private investigator license:
(1) Be at least eighteen years of age;
(2) Be a citizen or resident noncitizen of the United States;
(3) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant's particular crime directly relates to his or her capacity to perform the duties of a private investigator and the director determines that the license should be withheld to protect the citizens of Washington state. The director shall make her or his determination to withhold a license because of previous convictions notwithstanding the restoration of employment rights act, chapter 9.96A RCW;
(4) Be employed by or have an employment offer from a private investigator agency or be licensed as a private investigator agency;
(5) Submit a set of fingerprints; however, if an applicant has been issued a license as a private security guard under chapter 18.170 RCW within the last twelve months, the applicant is not required to undergo a separate background check to become licensed under this chapter;
(6) Pay the required nonrefundable fee for each application; and
(7) Submit a fully completed application that includes proper identification on a form prescribed by the director for each company of employment.
[ 2026 c 36 s 22; 2012 c 118 s 1; 1995 c 277 s 19; 1991 c 328 s 3.]


title: RCW 18.165.040

text:
(1) An applicant must meet the following minimum requirements to obtain an armed private investigator license:
(a) Be licensed as a private investigator;
(b) Be at least twenty-one years of age;
(c) Have a current firearms certificate issued by the commission;
(d) Have a license to carry a concealed pistol; and
(e) Pay the fee established by the director.
(2) The armed private investigator license may take the form of an endorsement to the private investigator license if deemed appropriate by the director.
[ 1995 c 277 s 21; 1991 c 328 s 4.]

catchline: Armed private investigator license—Requirements.


title: RCW 18.165.050

text:
(1) In addition to meeting the minimum requirements to obtain a license as a private investigator, an applicant, or, in the case of a partnership or limited partnership, each partner, or, in the case of a corporation, the qualifying agent must meet the following additional requirements to obtain a private investigator agency license:
(a) Pass an examination determined by the director to measure the person's knowledge and competence in the private investigator agency business; or
(b) Have had at least three years' experience in investigative work or its equivalent as determined by the director. A year's experience means not less than two thousand hours of actual compensated work performed before the filing of an application. An applicant shall substantiate the experience by written certifications from previous employers. If the applicant is unable to supply written certifications from previous employers, applicants may offer written certifications from professional persons other than employers who, based on personal professional knowledge, can substantiate the employment.
(2) An agency license issued pursuant to this section may not be assigned or transferred without prior written approval of the director.
(3) No license to own or operate a private investigator company may be issued to an applicant if the name of the company portrays the company as a public law enforcement agency, or in association with a public law enforcement agency, or includes the word "police."
[ 1995 c 277 s 22; 1991 c 328 s 5.]

catchline: Private investigator agency license—Requirements, restrictions—Assignment or transfer.


title: RCW 18.165.060

text:
(1) An armed private investigator license grants authority to the holder, while in the performance of his or her duties, to carry a firearm with which the holder has met the proficiency requirements established by the commission.
(2) All firearms carried by armed private investigators in the performance of their duties must be owned by the employer and, if required by law, must be registered with the proper government agency.
[ 1995 c 277 s 23; 1991 c 328 s 6.]

catchline: Armed private investigator license authority—Registration of firearms.