BP BHEAD INT S [atlas:bill]

AN ACT Relating to on-site sewage disposal systems; amending RCW 4.16.300; adding a new section to chapter 70.118 RCW; and adding a new chapter to Title 18 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The director of the department of licensing shall establish and administer written and practical examinations for persons seeking to be licensed to design on-site sewage disposal systems and written and practical examinations for persons seeking to be licensed to install and repair on-site sewage disposal systems.

Examinations to be licensed to design on-site sewage disposal systems shall be designed to reasonably insure that the applicant is competent to design different types of on-site sewage disposal systems, demonstrates an ability to identify different soil conditions, and possesses an adequate knowledge of theory, codes, and different types of on-site sewage disposal systems most appropriate for different soil conditions. Examinations to be licensed to install and repair on‑site sewage disposal systems shall be designed to reasonably insure that the applicant is competent to install and repair on-site sewage disposal systems and possesses an adequate knowledge of theory, codes, construction methods, and safety. Fees shall be charged to cover the full costs of administering the examinations.

The director of the department of licensing shall establish continuing education requirements for persons holding these licenses that are required to have been completed prior to being relicensed.

NEW SECTION. Sec. 2. The director of the department of licensing shall license a person to engage in the business of designing on-site sewage disposal systems who passes the required examination, pays the license fee, and files the required surety bond with the director. The director of the department of licensing shall license a person to engage in the business of installing and repairing on-site sewage disposal systems who passes the required examination, pays the license fee, and files the required surety bond with the director. An initial license is valid for the remainder of the year in which the license is issued, plus one year. Thereafter, a renewed license shall be issued to a licensee who pays the license fee, provides evidence of completing continuing education requirements, and files the required surety bond with the director.

A surety bond for a person licensed to engage in the business of designing on-site sewage disposal systems, and a surety bond for a person licensed to engage in the business of installing or repairing on-site sewage disposal systems, each must be issued by a surety insurer who meets the requirements of chapter 48.28 RCW. The surety bond must be in a form acceptable to the director running to the state of Washington in the sum of fifty thousand dollars conditioned on the same grounds as a contractor's bond under chapter 18.27 RCW.

The director of the department of licensing shall charge fees for issuing, renewing, and reinstating a license. Fees shall be established by rule and shall cover the full costs of issuing the license, filing papers and notices, and administering and enforcing this chapter. The costs may include reproduction, travel, per diem, and administrative and legal support costs.

NEW SECTION. Sec. 3. It is unlawful and a violation of RCW 19.86.020 for a person to engage in the business of designing on-site sewage disposal systems without being licensed for such business under this chapter and conforming with the requirements of this chapter. It is unlawful and a violation of RCW 19.86.020 for a person to engage in the business of installing or repairing on-site sewage disposal systems without being licensed for the business under this chapter and conforming with the requirements of this chapter.

NEW SECTION. Sec. 4. The director of the department of licensing shall adopt rules for the purpose of carrying out and developing this chapter.

NEW SECTION. Sec. 5. A new section is added to chapter 70.118 RCW to read as follows:

Each county health department shall keep records on on-site sewage disposal systems in the county, that include information on: (1) Soil conditions for each system; (2) the type of system installed, such as a pressurized raised mound system; (3) the name and license number of the person who designed the system or designed the repairs for the system; (4) the name and license number of the person who installed or repaired the system; and (5) other appropriate information.

At least annually, each county health department shall prepare a summary of this information. Summaries must indicate, for each person who has designed a system that was installed in the county in the last twenty years, the total number of systems that person designed and the number and percentage of these systems that were known to have failed. Summaries must indicate, for each person who has installed a system in the county over the last twenty years, the total number of systems that person installed and number and percentage of these systems that were known to have failed.

A current summary must be provided to the owner of the property for which a permit is sought to install or repair an on-site sewage disposal system and to each person who requests a list of persons licensed to design on-site sewage disposal systems, or to install or repair on-site sewage disposal systems, who regularly works in the county.

Sec. 6. RCW 4.16.300 and 1986 c 305 s 703 are each amended to read as follows:

RCW 4.16.300 through 4.16.320 shall apply to all claims or causes of action of any kind against any person, arising from such person having constructed, altered or repaired any improvement upon real property, or having performed or furnished any design, planning, surveying, architectural or construction or engineering services, or supervision or observation of construction, or administration of construction contracts for any construction, alteration or repair of any improvement upon real property. This section is intended to benefit only those persons referenced herein and shall not apply to claims or causes of action against manufacturers. RCW 4.16.300 through 4.16.320 shall not apply to claims or causes of action against persons designing, installing, or repairing on-site sewage disposal systems.

NEW SECTION. Sec. 7. Sections 1 through 4 of this act constitute a new chapter in Title 18 RCW.