NOTICE OF PROPOSED CHANGES IN THE CERTIFICATE OF FITNESS REGULATIONS

OF THE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT

BRIEF DESCRIPTION

The Department of Labor and Workforce Development proposes to change regulations on certificate of fitness for journeyman plumbers and journeyman electricians.

The proposes to adopt regulation changes in 8 AAC 63.010, 8 AAC 90.111, 8 AAC 90.112, 8 AAC 90.125, 8 AAC 90.140, 8 AAC 90.145, 8 AAC 90.160, 8 AAC 90.165, 8 AAC 90.185, 8 AAC 90.192, and 8 AAC 90.890 of the Alaska Administrative Code, dealing with certificates of fitness for journeyman plumbers and journeyman electricians, including the following:

1. 8 AAC 63.010 is proposed to be changed as follows: Amended to reference AS 18.60.710 and 18.60.735 directly, to reduce confusion on where the plumbing code applies.

    

2. 8 AAC 90 is proposed to be changed as follows: Amended by adding 8 AAC 90.111 and 8 AAC 90.112 to expand the department’s ability to offer reciprocity to more jurisdictions and to allow for reciprocity of pluming licenses. Language has also been added as required under sec. 2, ch 21, SLA 2024 (SB204) to define provisional licensing and establish a provisional licensing application process.

    

3. 8 AAC 90.140 (d), is proposed to be repealed. The requirement in place is not enforceable and is essentially a voluntary requirement. Enforcement of this will be handled in the changes proposed in this document to 8 AAC 90.185.

    

4. 8 AAC 90.145 (d), is proposed to be repealed. The requirement in place is not enforceable and is essentially a voluntary requirement. Enforcement of this will be handled in the changes proposed in this document to 8 AAC 90.185.

    

5. 8 AAC 90.160 (g), is proposed to be repealed. This language on reciprocity is exclusive to electrical licenses and is replaced by the proposed adoption of 8 AAC 90.111.

    

6. 8 AAC 90.165 (d), is proposed to be repealed. The requirement in place is not enforceable and is essentially a voluntary requirement. Enforcement of this will be handled in the changes proposed in this document to 8 AAC 90.185.

    

7. 8 AAC 90.185 (a), is proposed to be changed as follows: Addition of a new paragraph to allow the department to cancel based on misuse of a certificate of fitness.

    

8. 8 AAC 90.185 (c), is proposed to be changed as follows: Amended to allow the department discretion to shorten the time at which a person whose certificate of fitness has been cancelled may reapply for a certificate of fitness

    

9. 8 AAC 90.192 (c), is proposed to be changed as follows: Amended to bring plumbing continuing education requirements in line with electrical requirements, focusing on keeping workers up to date on recent code changes.

    

10. 8 AAC 90.890, is proposed to be changed as follows: Amended by adding a new section 8 AAC 90.890(b), to recognize the work performed in applicable military service and vocational training to be credited towards plumbing and electrical certificates of fitness.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Theric Austin at 1251 Muldoon Road, Suite #109 Anchorage AK 99504. Additionally, the Department of Labor and Workforce Development will accept comments by facsimile at 907-269-4950 and by electronic mail at dol.lss.regulations@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the comment link: https://aws.state.ak.us/OnlinePublicNotices/. The comments must be received not later than 4:30pm on May 21^th, 2025.

You may submit written questions relevant to the proposed action to Theric Austin at dol.lss.regulations@alaska.gov or at (907) 269-4957. The questions must be received at least 10 days before the end of the public comment period. The Department of Labor and Workforce Development will aggregate its response to substantially similar questions and make the questions and responses available through the Alaska Public Notice System via the link:

https://aws.state.ak.us/OnlinePublicNotices/Default.aspx/.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Theric Austin at dol.lss.regulations@alaska.gov or at (907) 269-4957 not later than May 14^th, 2024 to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Theric Austin at dol.lss.regulations@alaska.gov or at (907) 269-4957.

After the public comment period ends, the Department of Labor Workforce & Development will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 18.62.020; AS 18.62.060; AS 23.05.060

Statutes being implemented, interpreted, or made specific: AS 18.62.020; AS 18.62.030; AS 18.62.040; AS 18.62.050; AS 18.62.060; AS 18.62.070

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

The Department of Labor and Workforce Development keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the Department of Labor and Workforce Development, Division of Labor Standards and Safety, Mechanical Inspection notices of proposed regulation changes. To be added to or removed from the list, send a request to the Department of Labor and Workforce Development, Division of Labor Standards and Safety, Mechanical Inspection at dol.lss.regulations@alaska.gov, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Individuals can also signup to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

Date:   4/9/2025

Catherine Munoz, Commissioner

Department of Labor and Workforce Development