24.17.240 Certification.

(1)    Any individual offering services to pump, inspect, maintain, repair, or install an OSS shall be certified by CCPH.

(2)    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 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.

(3)    Designers. OSSs must be designed by professional engineers licensed under Chapter 18.43 RCW, or by on-site sewage treatment system designers licensed under Chapter 18.210 RCW.

(4)    Installers. OSSs shall be installed by CCPH-certified installers holding a general contractor’s license and bonded as required by Chapter 18.27 RCW.

(a)    Initial 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: Pump to gravity, pressure distribution, public domain treatment systems and proprietary treatment systems.

(iii)    Initial applicants for Installer II must also provide information demonstrating that they have one (1) year of OSS installation experience.

(iv)    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.

(v)    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 certification 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)    Installer Recertification.

(i)    Certifications expire on March 1st of each year and must be renewed annually by the applicant on or prior to that date. Certification fees are not prorated.

(ii)    Recertification applications must include:

(A)    CCPH application and fee.

(B)    Identify which level of installer certification they are seeking.

(C)    Proof of current general contractor’s licensing and bonding.

(D)    Proof of CCPH approved continuing education units (CEUs). CEUs are valid for two (2) years from the date of issuance. One (1) contact hour is equivalent to one (1) CEU.

a.    Installer I: At least four (4) CEUs.

b.    Installer II: At least eight (8) CEUs.

(c)    Performance requirements include:

(i)    Installation of OSSs for which the installer is certified, as described under Section 24.17.160;

(ii)    Perform installations only on proprietary OSS for which they are certified by the manufacturer.

(iii)    Provide CCPH-required documentation as described in Section 24.17.170;

(iv)    Participation in the CCPH quality assurance program;

(5)    Septage Pumpers. OSS septage shall be pumped, hauled, and disposed by CCPH-certified pumpers. To obtain a CCPH pumper certification:

(a)    Initial 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)    The applicant’s equipment shall meet the requirements of Section 24.17.220 before a certification will be issued.

(b)    Pumper Recertification.

(i)    Certifications expire on March 1st of each year and must be renewed annually by the applicant on or prior to that date. Certification fees are not prorated.

(ii)    Recertifying applications must include:

(A)    Complete a CCPH application and pay the fee established by the BOH;

(B)    Proof of current surety bond as in subsection (4)(a)(iii) of this section;

(C)    Proof of four (4) CCPH pre-approved continuing educational units (CEUs). CEUs are valid for two (2) years from the date of issuance. One (1) contact hour is equivalent to one (1) CEU.

(c)    Performance requirements include:

(i)    Removal of septage from OSSs when requested by an owner;

(ii)    Removal, transport, and disposal of septage to a legally approved site;

(iii)    Participation in the CCPH quality assurance program; and

(iv)    Submission of pumping logs to CCPH through a designated electronic reporting system, within fifteen (15) calendar days of the work being completed.

(6)    O&M Specialists I and II. OSSs shall be inspected by CCPH-certified O&M specialists or home owners meeting criteria outlined in Section 24.17.180. To obtain a CCPH O&M specialist certification:

(a)    Initial applicants must:

(i)    Complete an application for an O&M specialist I or II and pay the fee established by the BOH.

(ii)    Identify which OSS certification they are seeking:

(A)    O&M Specialist I: conventional gravity systems only; or

(B)    O&M Specialist II: pump to gravity, pressure distribution public domain treatment systems and proprietary treatment systems.

(iii)    Initial applicants for O&M Specialist II must also provide information demonstrating that they have one (1) year of OSS inspection experience.

(iv)    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.

(v)    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.

(b)    O&M Specialist I and II Recertification.

(i)    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.

(ii)    Recertifying applications must include:

(A)    Complete an application for an O&M Specialist I or II and pay the fee established by the BOH.

(B)    Identify which OSS certification they are seeking:

(I)    O&M Specialist I: conventional gravity systems only; or

(II)    O&M Specialist II: pump to gravity, pressure distribution public domain treatment systems and proprietary treatment systems.

(iii)    Proof of current surety bond as described in subsection (5)(a)(iii) of this section.

(iv)    Proof of CCPH pre-approved continuing educational units (CEUs). CEUs are valid for two (2) years from the date of issuance. One (1) contact hour is equivalent to one (1) CEU:

(A)    O&M Specialist I: At least four (4) CEUs.

(B)    O&M Specialist II: At least eight (8) CEUs.

(c)    Performance requirements include:

(i)    Respond to requests from owners by providing inspections of the OSS that the inspector is certified for Level I or II.

(ii)    Perform inspections only on proprietary OSS for which they are certified by the manufacturer.

(iii)    Perform and document inspections to the standards described in the O&M Manual.

(iv)    Recommend septage removal when so indicated.

(v)    Submit inspection reports to CCPH through a designated electronic reporting system:

(A)    Within three (3) calendar days of the inspection completion if critical deficiencies are observed.

(B)    Within fifteen (15) calendar days for all other inspection reports.

(vi)    Perform repairs not requiring a CCPH permit as requested by the property owner in accordance with industry standards.

(vii)    Participate in CCPH quality assurance program.

(7)    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 program;

(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.

(8)    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)    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 including, but not limited to:

(A)    Designers selling or distributing proprietary products;

(B)    Certified professionals holding multiple certifications (e.g., certified pumper and O&M specialist);

(C)    Certified pumpers working for companies that perform inspections;

(D)    Certified O&M specialists working for installation companies. (Sec. 25 of Ord. 2007-10-01; amended by Sec. 21 of Ord. 2021-11-05)