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24.17.240 Certification.
(1) All OSS professionals are expected to comply fully with the requirements of their license or certification and with state and local on-site sewage systems law. All OSS professionals certified by CCPH must meet the requirements listed below by March 1, 2008, in order to obtain or renew certification. In addition:
(a) All OSS professionals seeking to provide design, installation, pumping or O&M inspection services must hold a current business license and either a professional license issued by the state of Washington or a current certification issued by CCPH. All O&M specialists and pumpers must be individually certified; however, bonding requirements may be satisfied through an employer.
(2) Designers. OSSs may be designed by resident homeowners who pass a CCPH-approved exam (conventional gravity systems only), or by professional engineers licensed under Chapter 18.43 RCW, or by on-site sewage treatment system designers licensed under Chapter 18.210 RCW.
(3) Installers I and II. OSSs may be installed by CCPH-approved resident homeowners (conventional gravity systems only), or by CCPH-certified installers holding a general contractor’s license and bonded as required by Chapter 18.27 RCW.
(a) Applicants must:
(i) Complete a CCPH installer application and pay the fee established by the BOH.
(ii) Identify which OSS certification they are seeking:
(A) Installer I: conventional gravity systems only; or
(B) Installer II: all OSS types.
(iii) Pass the applicable CCPH-approved examination(s):
(A) Persons attempting, but failing to pass the test, may retake the test after thirty (30) days;
(B) After two (2) consecutive failures, they must wait one (1) year before reapplying.
(iv) Before the issuance of an installer’s certificate, the applicant shall file with the health officer satisfactory evidence demonstrating that said installer is a registered contractor and meets the requirements as provided by Chapter 18.27 RCW. In the event the installer’s contractor registration shall lapse for any reason or the contractor’s bond shall become impaired, then licensing by the health officer of said installer may be suspended until the installer’s registration as a contractor is reinstated and the contractor’s bond is unimpaired.
(b) Certifications expire on March 1st of each year and must be renewed annually by the applicant on or prior to that date. Licensing fees are not pro-rated.
(c) Performance requirements include:
(i) Installation of OSSs for which the installer is certified, per the specifications of the approved site plan and system design;
(ii) Creation of record drawings for conventional gravity systems;
(iii) Participation in the CCPH audit program;
(iv) Proof of at least four (4) hours of CCPH pre-approved continuing education units every two (2) years if an Installer I, and eight (8) hours if an Installer II, in order to renew certification.
(4) Septage Pumpers. OSSs may be pumped and septage hauled by CCPH-certified pumpers who are bonded for a minimum of six thousand dollars ($6,000) and who have passed a CCPH pre-approved competency exam.
(a) Applicants must:
(i) Complete a CCPH pumper application and pay the fee established by the BOH.
(ii) Pass the applicable CCPH examination(s).
(A) Persons attempting, but failing to pass the test, may retake the test after thirty (30) days.
(B) After two (2) consecutive failures, they must wait one (1) year before reapplying.
(iii) Before the issuance of a pumper’s certificate, the applicant shall file with CCPH a surety bond issued by a surety insurer in a form acceptable to the health officer. Said bond shall be conditioned that the applicant will pay all amounts that may be adjudged against applicant by reason of negligent or improper work or breach of contract. The bond shall be conditioned that the holder of the certificate and his or her agents in performing work shall exercise reasonable care and skill and comply with this chapter. The surety upon the bond shall not be liable in an aggregate amount in excess of the amount named in the bond. The bond shall be kept in effect during the period of time for which the certificate is issued. In the event the bond is cancelled or any final judgment shall impair the liability of the surety upon the bond so furnished so that there shall not be in effect a bond undertaking in the full amount of six thousand dollars ($6,000), the health officer may suspend the certificate of such pumper until the full bond liability has been restored.
(iv) Certifications expire on March 1st of each year and must be renewed annually by the applicant on or prior to that date. Licensing fees are not pro-rated.
(v) Certified pumpers must obtain at least four (4) hours of CCPH pre-approved continuing education units every two (2) years. Evidence of continuing education must be presented every two (2) years in order to renew certification.
(b) Performance requirements include:
(i) Removal of septage from OSSs when requested by an owner or referred through the O&M inspection process;
(ii) Hauling and disposal of septage to a legally approved site;
(iii) Participation in the CCPH audit program;
(iv) Submission of pumping logs to CCPH through a designated electronic reporting system, within fifteen (15) calendar days of the work being completed; and
(vi) Payment of tipping fees to CCPH, at a rate set by the board of health, within thirty (30) days of the work being completed.
(5) O&M Specialists I and II. OSSs may be inspected by CCPH-certified O&M specialists who are bonded for a minimum of six thousand dollars ($6,000) and who have passed a CCPH pre-approved competency exam, regardless of what other licenses or certifications they hold.
(a) Applicants must:
(i) Complete an application for an O&M specialist I or II and pay the fee established by the BOH.
(ii) Pass the applicable CCPH examination(s).
(A) Persons attempting, but failing to pass the test, may retake the test after thirty (30) days.
(B) After two (2) consecutive failures, they must wait one (1) year before reapplying.
(iii) Before the issuance of an O&M specialist certificate, the applicant shall file with CCPH a surety bond issued by a surety insurer in a form acceptable to the health officer. Said bond shall be conditioned that the applicant will pay all amounts that may be adjudged against applicant by reason of negligent or improper work or breach of contract. The bond shall be conditioned that the holder of the certificate and his or her agents in performing work shall exercise reasonable care and skill and comply with this chapter. The surety upon the bond shall not be liable in an aggregate amount in excess of the amount named in the bond. The bond shall be kept in effect during the period of time for which the certificate is issued. In the event the bond is cancelled or any final judgment shall impair the liability of the surety upon the bond so furnished so that there shall not be in effect a bond undertaking in the full amount of six thousand dollars ($6,000), the health officer may suspend the certificate of such pumper until the full bond liability has been restored.
(iv) The applicant’s equipment shall meet the requirements of Sections 24.17.220(2)(a) and (b) before a certificate may be issued.
(v) Certifications expire on March 1st of each year and must be renewed annually by the applicant on or prior to that date. Licensing fees are not prorated.
(vi) Certified O&M specialists I must obtain at least four (4) hours of CCPH pre-approved continuing education units every two (2) years; O&M specialists II must obtain at least eight (8) hours of CCPH pre-approved continuing education units every two (2) years. Evidence of continuing education must be presented every two (2) years in order to renew certification.
(b) Performance requirements include:
(i) Respond to requests from owners by providing inspections of conventional gravity systems per CCPH guidelines (O&M specialist I); or any OSS system (O&M specialist II);
(ii) Submit inspection results through a designated electronic reporting system to CCPH within fifteen (15) calendar days of the work being completed;
(iii) Recommend septage removal when so indicated;
(iv) When critical deficiencies are observed, they must be documented in the inspection report and the report must be submitted to CCPH within three (3) days of the inspection being completed.
(v) Submission of inspection reports to CCPH through a designated electronic reporting system within fifteen (15) calendar days of the work being completed; and
(vi) Payment of electronic report fees to CCPH, at a rate set by the board of health within thirty (30) days of the work being completed.
(6) Resident homeowners may provide their own OSS inspections (conventional gravity systems only) and every other required operation and maintenance inspection if:
(a) The system is located at their primary place of residence;
(b) They complete required CCPH testing prior to attempting to install or inspect their OSS;
(c) For inspections:
(i) They provide a report of findings on a CCPH designated form;
(ii) The inspection is not a final inspection following installation or one that is used to meet the requirement of inspection at the time of sale or transfer;
(iii) An inspection is carried out by the resident homeowner no more than every six (6) years for conventional gravity systems (every other inspection to be done by a certified O&M specialist) and every two (2) years for all other systems (every other inspection to be done by a certified O&M specialist);
(iv) They agree to have their first self-inspection field-audited by CCPH staff; and
(v) They comply with all other requirements of this chapter.
(d) For installation:
(i) They obtain a soil and site evaluation, design approval and installation permit from CCPH;
(ii) They agree to have their installation field-audited by CCPH staff before cover; and
(iii) They comply with all other requirements of this chapter.
(7) All certified professionals or resident homeowners attempting but failing to pass any CCPH required competency exam may retake the test after thirty (30) days. After two (2) consecutive failures, they must wait one (1) year before reapplying.
(8) CCPH’s Regulatory Oversight Role. For each professional identified above, CCPH will:
(a) Pre-approve or administer certification testing as required, and issue or deny certification based on application review and test outcomes;
(b) Maintain current documentation of licensure or certification (professional, business, and contractor as applicable) and bonding, as specified above;
(c) Maintain current documentation of completion of CEU requirements;
(d) Investigate citizen complaints;
(e) Monitor performance through a quality assurance process;
(f) Develop corrective action plans when deficiencies are found; and
(g) Fact-find and report to the Department of Licensing, revoke certification, or take other enforcement action when there is cause to believe that licensed or certified practitioners are not performing to industry or regulatory standards, or are violating any law, including but not limited to the Clark County Code.
(9) Conflicts of Interest.
(a) In order to avoid conflicts of interest that may adversely impact the quality of work or the financial demands made on the customer, Clark County requires the following:
(i) Designers may specify system components by a certain manufacturer in their design, but must make reasonable allowances for the installer to use equivalent items or systems from other manufacturers.
(ii) Any individual who passes certification requirements as an O&M specialist may perform that role, regardless of what other licenses or certifications they may hold. However, restrictions on dual certification in order to avoid conflict of interest include:
(A) Each year, all OSS professionals both licensed and certified are required to provide to CCPH, for posting on the CCPH website and for written materials made available to the public by CCPH, a description of any dual relationships (e.g., installers owning inspection companies, designers selling or distributing proprietary products, inspectors working for pumping companies, etc.) in the on-site field. (Sec. 25 of Ord. 2007-10-01)