Wash. Admin. Code § 296-127-01345

Current through Register Vol. 24-17, September 1, 2024

Section 296-127-01345 - Landscape maintenance workers

For the purpose of the Washington state public works law, chapter 39.12 RCW, landscape maintenance involves the tending to and maintenance of an area of land that has been previously landscaped, when the work is not preparatory to construction.

(1) Landscape maintenance includes:

(a) Mowing, weeding, and otherwise performing tasks associated with the maintenance of lawns, yards, gardens, athletic fields, golf courses, parks, trails, or other previously landscaped surfaces.

(b) Pruning, trimming, mulching, and composting.

(c) Maintaining decorative rock including adding material to existing areas.

(d) Incidental hauling or placement of top soil, plants, or other landscaping materials using trucks with only one rear axle.

(e) Reseeding, resodding, replanting, top dressing, aerification, and applying chemicals, fertilizers, and soil amendments.

(f) Use of power tools with a maximum of twenty horsepower such as line trimmers, edgers, mowers, and leaf blowers.

(g) Rehydroseeding using equipment with a maximum capacity of one hundred gallons.

(h) Use of riding mowers which do not exceed fifty horsepower.

(i) Minor, nonconstruction related repair and maintenance of existing irrigation systems.

(j) Debris removal, and clearing of storm drains, catch ponds, and drain grates.

(2) Landscape maintenance does not include:

(a) Any landscape or nonlandscape construction activity or work, other than incidental maintenance and repairs mentioned above.

(b) Any work that is:

(i) On land that has not been previously landscaped;

(ii) Preparatory to construction, alteration, repair, improvement, or demolition;

(iii) Included or required in the process of construction or as a part of a construction project;

(iv) Required for the restoration of a surface area after construction;

(v) Power line clearance tree trimming or clearing;

(vi) Clearing of trees;

(vii) Tree falling or bucking;

(viii) Inspection, service, maintenance or repair of back-flow protection devices connected to a potable water system;

(ix) Construction or repair of irrigation systems other than the minor incidental work identified in subsection (1)(i) of this section;

(x) The use of power tools over twenty horsepower;

(xi) The use of any other riding equipment regardless of horsepower, other than riding mowers which do not exceed fifty horsepower;

(xii) Rehydroseeding using equipment that exceeds a one hundred gallon capacity.

Wash. Admin. Code § 296-127-01345

Adopted by WSR 20-14-025, Filed 6/23/2020, effective 6/27/2020