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Professionalism With Occupational Licensure Installer Certification In North Carolina Professionalism With Occupational Licensure Installer Certification In North Carolina

General Statute 90 A-70 • Effective January 1, 2008 • No person shall construct, General Statute 90 A-70 • Effective January 1, 2008 • No person shall construct, install, or repair, or offer to construct, install, or repair any wastewater system permitted under the provisions of Article 11 of Chapter 130 A of the General Statutes unless certified at the required level of certification for the specific system.

And, for Point-of-Sale Inspectors • Same date, January 1, 2008 • No person shall And, for Point-of-Sale Inspectors • Same date, January 1, 2008 • No person shall conduct an inspection or offer to conduct an inspection on an on-site wastewater system without being certified as an inspector at the required level of certification for the specified system.

Clarity of “Inspector” • “Inspector” and “Inspection” under this General Statute does not imply Clarity of “Inspector” • “Inspector” and “Inspection” under this General Statute does not imply the power of issuing permits. This remains with LHD. • LHD still inspects systems for homeowners (Not Homebuyers). • LHD does not issue inspection reports that would serve a contractual obligation for sale of home.

The Role of the Point-of-Sale Inspector • Client is the prospective homebuyer, realtor, or The Role of the Point-of-Sale Inspector • Client is the prospective homebuyer, realtor, or lending institution. • Conducts an inspection of the components. DOES NOT EVALUATE THE FUTURE PERFORMANCE OF THE SYSTEM.

Responsibility of the NCOWCICB • Establish a Minimum Level of Inspection Duties; Standards that Responsibility of the NCOWCICB • Establish a Minimum Level of Inspection Duties; Standards that will have to be included in all POS Inspections. • POS Inspector can expand the inspection duties, but must receive approval from the Board.

The Installer/Contractor • “Contractor” means a person who constructs, installs, or repairs an onsite The Installer/Contractor • “Contractor” means a person who constructs, installs, or repairs an onsite wastewater system in NC • “Repair” means any construction or alteration to an existing onsite wastewater system that requires a repair permit from the LHD prior to work commencing.

Who is “Exempt” • A person who is employed by, or performs labor and Who is “Exempt” • A person who is employed by, or performs labor and service for, a certified person under the direct and personal supervision of the certified person. • Means the foreman or crew doesn’t have to be certified. • Certified person does not have to be at the site. LHD may request the certified person be at the site for OP.

The Definition of Employer/Employee • The Certified Person may use his own personal labor The Definition of Employer/Employee • The Certified Person may use his own personal labor and that of his employees defined as IRS 1040 employees. Does NOT mean an uncertified subcontractor defined as a IRS 1099. These relationships mean an OFFER was made.

Rights of the Individual • Law does not apply to a person installing a Rights of the Individual • Law does not apply to a person installing a single tank with a gravityfed distribution system when located on property owned by the person and intended for the sole use of the person and their immediate family. • DOES NOT MEAN THE HOMEOWNER CAN HIRE AN UNCERTIFIED PERSON!

Article 1 of Chapter 87 • A person licensed under Article 1 of Chapter Article 1 of Chapter 87 • A person licensed under Article 1 of Chapter 87 as a General Contractor who constructs or installs an on-site wastewater system ancillary to the building being constructed.

WHAT’S THAT MEAN! • The General Contractor of record for the building or residence WHAT’S THAT MEAN! • The General Contractor of record for the building or residence can construct or install the system and does not have to be certified. • The person cannot hold themselves out as an Installer.

A Limited Umbrella of Exemption • Options: • The GC can personally install with A Limited Umbrella of Exemption • Options: • The GC can personally install with his employed (W-2) crew. • The GC can hire a person certified at the grade level for the specific site. • Cannot REPAIR (exemption does not mention repair). COULD “REPAIR” A SYSTEM OR “CORRECT” A SYSTEM WITHIN THE BUILDER’S LIABILITY PERIOD.

No Umbrella • The General Contractor cannot hire a sub-contractor who is uncertified or No Umbrella • The General Contractor cannot hire a sub-contractor who is uncertified or under-certified who is not an employee, remember: • OR OFFERS TO CONSTRUCT, INSTALL, OR REPAIR. A Sub-contractor relationship means someone made “an offer!”

Good News For General Contractors • Reasons given for urging exemption for GC was Good News For General Contractors • Reasons given for urging exemption for GC was (1) cost may go up, and (2) interruption of services. • With the numbers of persons certified, it is doubtful that either would occur. • The possibility of the GC wanting to use an uncertified person is minimal.

A Subsurface Operator is Exempt • The relationship of duties is separate, so they A Subsurface Operator is Exempt • The relationship of duties is separate, so they do not apply. • Certified O & M Providers are providing service and maintenance, not installation and construction, not repairs, and not a POS inspections.

Separate Duties • A Certified Installer cannot conduct POS inspections unless certified by the Separate Duties • A Certified Installer cannot conduct POS inspections unless certified by the Board. • A Certified Inspector cannot install or repair • A Certified Installer or Inspector are not certified to do O & M

What is a NPDES Permit • A clarification under the definitions • NPDES permit What is a NPDES Permit • A clarification under the definitions • NPDES permit is not a system permitted under Article 11 of Chapter 130 A. This is a discharge permit under DWQ. • Law does not apply to a person constructing a system permitted under Article 21 of Chapter 143.

The Public Utilities Contractor • Law does not apply to a person licensed under The Public Utilities Contractor • Law does not apply to a person licensed under Chapter 1 of Article 87 as a Public Utilities Contractor who is installing or expending a wastewater treatment facility, including a collection system, designed by a professional engineer.

Another Limited Umbrella • A wastewater treatment facility does not mean any and all Another Limited Umbrella • A wastewater treatment facility does not mean any and all onsite wastewater systems. • Has to be designed by a professional engineer. • Typically large (>3000 gpd), a biological, chemical, or mechanical treatment, multi-family or business.

Hold the Phone!! • A person who is a public utilities contractor can be Hold the Phone!! • A person who is a public utilities contractor can be exempt and not require certification, but unless that’s all they do, if the person installs or constructs “normal” systems, certification is required at the specified level!

The Licensed Plumber • No real exemption • A licensed plumbing contractor does not The Licensed Plumber • No real exemption • A licensed plumbing contractor does not apply, as long as the plumber is not performing work that includes the installation or repair of a septic tank or similar depository, or lines or appurtenances downstream from the point where the sewer line enters the septic tank or similar depository.

Plumbers Can Still Do Their Work • From the house to the tank, other Plumbers Can Still Do Their Work • From the house to the tank, other than that, the person has be certified. • Means that if the system requires a grease trap prior to the septic tank, the similar depository, requires a certified installer.

This Law Does Not Apply To A DWQ Permit • DWQ permits are not This Law Does Not Apply To A DWQ Permit • DWQ permits are not included under Article 11 of Chapter 130 A.

From One End of North Carolina To Another • So far, the NCOWCICB has From One End of North Carolina To Another • So far, the NCOWCICB has certified approx. 2400 persons from Level I to IV, and Inspector. • North Carolina, South Carolina, Virginia, Georgia, and Florida. • 20 locations across NC IN 2007.

After January 1, 2008 • LHD should expect a variety of situations upon application After January 1, 2008 • LHD should expect a variety of situations upon application for IP, CA, and OP. • Time and experience will smooth the edges, just like all changes. • Contact the Board.

FAQ and What If’s • Person calls for an OP, and work was not FAQ and What If’s • Person calls for an OP, and work was not done by a certified installer, the owner of property for their personal use, or the GC himself. • The LHD cannot issue an Op knowing the violation. • Verification may be required by the LHD concerning GC license or ownership/installation by private owner.

Local Health Department as the “Police” • Not really the police. The complaints to Local Health Department as the “Police” • Not really the police. The complaints to the Board will be investigated and judgments issued. • LHD should be required to uphold laws and rules concerning Article 11 of Chapter 130 A. The body of. 1900 Rules shall incorporate Installer Certification.

And the homeowner • The “homeowner” applies for the IP and says he is And the homeowner • The “homeowner” applies for the IP and says he is installing the system. • Proof of ownership required, identification cited on the permit, and proof of workmanship required at OP. Can they cover the system in the presence of the LHD? The LHD should not issue the OP unless the verification convinces the EHS that competence is demonstrated.

More FAQ • “I’m a licensed General Contractor and don’t need to be certified!” More FAQ • “I’m a licensed General Contractor and don’t need to be certified!” • At IP, make sure the person is the GC of record for the construction. Make sure they understand restrictions, and verify at the OP.

What If… • “I’m a Public Utilities Contractor and don’t need to be certified!” What If… • “I’m a Public Utilities Contractor and don’t need to be certified!” • Make sure the project falls under restrictions of a utility system, verify credentials of PUC. • May not be the GC of record

I’m certified, but can I upgrade? • A certified person can change their grade I’m certified, but can I upgrade? • A certified person can change their grade level prior to construction by notifying the Board, paying the appropriate fee (or increment), attend the correct CE courses, and take the applicable test.

2008 Courses & Tests • Examination for Levels III & IV will be given 2008 Courses & Tests • Examination for Levels III & IV will be given 4 times this year. Next exam is in Greensboro on October 17, 2008. • NCSTA Classes in 2008: Hickory, Rocky Mount, Elizabeth City, Asheville, Boone, Franklin, Williamston, Bolivia, New Bern, Monroe, Greensboro.

Continuation of Business • Certification is a two-party licensure; the person attending and testing, Continuation of Business • Certification is a two-party licensure; the person attending and testing, and the firm they are working with at the time of certification. • Firm has 60 days to continue existing contracts if person, by death or unemployment, is no longer available to the firm installing the system.

“I didn’t know…” • THIS IS NOT YOUR DECISION, THE LAW IS THE LAW! “I didn’t know…” • THIS IS NOT YOUR DECISION, THE LAW IS THE LAW! • Decision remains with the NCOWCICB, and they can’t violate the laws and rules either. • A decision by a regulatory authority to overlook or circumvent the law is a violation. • The NCOWCICB can investigate a complaint against the LHD.

The Investigation • Investigation teams will be formed by the Board. • Investigation will The Investigation • Investigation teams will be formed by the Board. • Investigation will be based on. 1900 Rules, or if local rules are in place, local rules (4 counties). • May be arbitration between parties.

Proof of Certification • Each Certified person will receive an Identification Card with their Proof of Certification • Each Certified person will receive an Identification Card with their current level. • All certified persons will be listed on the NCOWCICB website and can be linked. • This is a State-wide Certification

What About County Registration Programs • Where there is a State Registration, Counties cannot What About County Registration Programs • Where there is a State Registration, Counties cannot require a fee for local registration. • What about Local Rule Counties? • What about required annual meetings, without fees?

Next Up For NCOWCICB • Rules to mirror General Statutes • Forms for: • Next Up For NCOWCICB • Rules to mirror General Statutes • Forms for: • Inspections (Minimum Standards) • Notices for LHDs to offer to Installers, GC, Homeowners • Approvals for Education Sources • Investigation of Compaints

Who Is Offering Education? • Currently, the NCSU Cooperative Extension, and the NC Septic Who Is Offering Education? • Currently, the NCSU Cooperative Extension, and the NC Septic Tank Assoc. , a few Local Health Departments. • Local Health Departments have inquired for next year, however a “firewall” may be needed to avoid conflict of interest during the year. Can only be approved for “State” Rules, not Local regulations.

After January 1, 2008 • CE hours required • Renewal Fees must be paid After January 1, 2008 • CE hours required • Renewal Fees must be paid • Testing is only required by law at 3 locations. Levels III, IV, and Point-of-Sale Inspector.

Contact NCOWCICB Gene Young, Chair Gene. young @ncmail. net Jerry Pearce Diana Rashash diana_rashash Contact NCOWCICB Gene Young, Chair Gene. young @ncmail. net Jerry Pearce Diana Rashash diana_rashash @ncsu. edu Russ Davis russdavis Al Gerard nclandexpert @yahoo. com Paul Higdon sewersolutionsinc @yahoo. com Glenn Hines. Contractors @aol. com Jeff Knight Jim Lanier [email protected] stanleyseptic. com @deanhardtanddavis. com

Contact NCOWCICB • Connie Stephens, Exec. Dir. • 336. 202. 3126 Telephone • 866. Contact NCOWCICB • Connie Stephens, Exec. Dir. • 336. 202. 3126 Telephone • 866. 651. 8102 Fax • Pepelaapew [email protected] net • www. ncowcicb. info

Questions? Questions?