Professionalism With Occupational Licensure

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Professionalism WithOccupational Licensure

• Installer Certification In North Carolina

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General Statute 90A-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 130A of the General
  Statutes unless certified at the required level
  of certification for the specific system.

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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.

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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.

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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.

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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.

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The Installer/Contractor

• Contractor means a person who constructs,
  installs, or repairs an on-site 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.

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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 doesnt 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.

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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.

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Rights of the Individual

• Law does not apply to a person installing a
  single tank with a gravity-fed 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!

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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.

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WHATS 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.

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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 BUILDERS LIABILITY PERIOD.

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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!

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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.

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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.

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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

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What is a NPDES Permit

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

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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.

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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 (gt3000 gpd), a biological,
  chemical, or mechanical treatment, multi-family
  or business.

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Hold the Phone!!

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

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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.

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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.

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This Law Does Not Apply To A DWQ Permit

• DWQ permits are not included under Article 11 of
  Chapter 130A.

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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.

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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.

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FAQ and What Ifs

• 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.

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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 130A. The body
  of .1900 Rules shall incorporate Installer
  Certification.

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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.

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More FAQ

• Im a licensed General Contractor and dont 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.

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What If

• Im a Public Utilities Contractor and dont 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

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Im 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.

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2008 Courses Tests

• Examination for Levels III IV will be given 4
  times this year. Next exam is in Greensboro on
  October17, 2008.
• NCSTA Classes in 2008 Hickory, Rocky Mount,
  Elizabeth City, Asheville, Boone, Franklin,
  Williamston, Bolivia, New Bern, Monroe,
  Greensboro.

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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.

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I didnt know

• THIS IS NOT YOUR DECISION, THE LAW IS THE LAW!
• Decision remains with the NCOWCICB, and they
  cant 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.

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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.

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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

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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?

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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

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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.

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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.

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Contact NCOWCICB
Gene Young, Chair Gene.young _at_ncmail.net Jerry Pearce Diana Rashash diana_rashash _at_ncsu.edu
Russ Davis russdavis _at_deanhardtanddavis.com Al Gerard nclandexpert _at_yahoo.com Paul Higdon sewersolutionsinc _at_yahoo.com
Glenn Hines HinesContractors _at_aol.com Jeff Knight Jim Lanier Jim_at_ stanleyseptic.com
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Contact NCOWCICB

• Connie Stephens, Exec. Dir.
• 336.202.3126 Telephone
• 866.651.8102 Fax
• Pepelaapew1_at_earthlink.net
• www.ncowcicb.info

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Questions?