BP BHEAD INT S [atlas:bill]

AN ACT Relating to the licensing of persons who design on-site wastewater treatment systems; adding a new section to chapter 70.118 RCW; adding a new chapter to Title 18 RCW; prescribing penalties; and making appropriations.

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

NEW SECTION. Sec. 1. FINDINGS‑-INTENT‑‑PURPOSE. (1) In order to safeguard life, health, and property and to promote the public welfare the legislature finds that it is in the public interest to permit the limited practice of engineering by qualified individuals who are not registered as professional engineers under chapter 18.43 RCW.

(2) The increased complexity of on-site wastewater treatment systems, including changes in treatment technology and the need to protect ground water and watershed areas, makes it essential that qualified professionals design such systems.

(3) Furthermore, the legislature finds that individuals, who have been authorized by local health jurisdictions to perform designs of on-site wastewater treatment systems, have performed these designs in the past.

(4) The legislature intends to establish a state-wide licensing program to create uniform application of design practices, standards for designs, individual qualifications, and consistent enforcement efforts applicable to all persons who design on-site wastewater treatment systems, including persons licensed to practice as professional engineers under chapter 18.43 RCW.

(5) The legislature also intends to establish a certification program applicable to all persons who inspect or approve on-site wastewater treatment systems on behalf of a local health jurisdiction.

(6) It is unlawful for any individual, to practice or offer to practice the design of on-site wastewater treatment systems unless licensed in accordance with this chapter or licensed as a professional engineer under chapter 18.43 RCW.

NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Advisory committee" means a group of individuals with broad knowledge and experience in the design, construction, and regulation of on-site wastewater treatment systems appointed under section 5 of this act to offer recommendations to the board and the director on the administration of the program established under this chapter.

(2) "Board" means the board of registration for professional engineers and land surveyors as defined in RCW 18.43.020.

(3) "Certificate of competency" means a certificate that is issued to employees of local health jurisdictions that shows the certificate holder has passed the licensing examination provided for under this chapter. This certificate is not a license or practice permit to design on-site wastewater treatment systems. The certificate of competency shall remain valid provided the employee remains employed with a local health jurisdiction in a capacity of reviewing, inspecting, or approving on-site wastewater treatment systems. The certificate of competency is renewable on an annual basis or as otherwise provided for in this chapter. The director shall determine the applicable fee for certificate renewals.

(4) "Designer, licensee, or permit holder" means an individual authorized under the provisions of this chapter to perform design services for on-site wastewater treatment systems.

(5) "Director" means the director of the Washington state department of licensing.

(6) "Engineer" means a professional engineer licensed under chapter 18.43 RCW.

(7) "License" means a license to design on-site wastewater treatment systems issued under this chapter.

(8) "Local health jurisdiction or jurisdictional health department" means an administrative agency created under chapter 70.05, 70.08, or 70.46 RCW, that administers the rules regarding on-site wastewater treatment systems.

(9) "On-site wastewater design" means the development of plans, details, specifications, instructions, or inspections by application of specialized knowledge in analysis of soils, on-site wastewater treatment systems, disposal methods, and technologies to create an integrated system of collection, transport, distribution, treatment, and disposal of on-site wastewater.

(10) "On-site wastewater treatment system" means an integrated system of components which convey, store, treat, or provide subsurface soil treatment and disposal of wastewater effluent on the property where it originates or upon adjacent or other property. This also includes piping, treatment devices, other accessories, and soil underlying the disposal component of the initial and reserve areas for on-site wastewater treatment under three thousand five hundred gallons per day when not connected to a public sewer system.

(11) "Practice of engineering" has the meaning provided in RCW 18.43.020(5).

(12) "Practice permits" means an authorization to practice granted to individuals who design on-site wastewater treatment systems, and who have been authorized to practice on or before July 1, 2000, by a local health jurisdiction. Practice permits may be renewed up to July 1, 2003, at which time practice permits cease to exist.

NEW SECTION. Sec. 3. UNPROFESSIONAL CONDUCT. The following conduct, acts, or conditions constitute unprofessional conduct for any person issued a practice permit or license or any applicant for licensure to perform designs for on-site wastewater treatment systems under this chapter:

(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of on-site wastewater treatment designs or inspections, whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, "conviction" includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and in all proceedings in which the sentence has been deferred or suspended;

(2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

(3) All advertising which is false, fraudulent, or misleading;

(4) Incompetence, gross negligence, or malpractice which results in injury to an individual or damage to property, or has an adverse impact on the environment;

(5) As determined by the board, failure to provide to the board in a timely manner, any lawfully requested information or documents related to a pending application, license renewal application, or administrative proceeding;

(6) Failure to comply with an order issued or approved by the board;

(7) Aiding or abetting an unlicensed person to practice when a license is required;

(8) Practice beyond the scope of practice as defined by law or rule;

(9) Misrepresentation or fraud in any aspect of the conduct of the business or profession of designing on-site wastewater treatment systems;

(10) Failure to adequately supervise auxiliary staff to the extent that the consumer's health or safety is at risk;

(11) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the board or its authorized representative, or by the use of threats or harassment against any person who may serve as a witness in any adjudicative proceeding before the board;

(12) Practice with a license issued under this chapter that is expired, suspended, or revoked;

(13) Being intentionally untruthful or deceptive in any document, report, statement, testimony, or plan that pertains to the design or construction of an on-site wastewater treatment system;

(14) Submission of a design or as-built record to a local health jurisdiction, the department of health, or the department of ecology that is knowingly based upon false, incorrect, misleading, or fabricated information; and

(15) Performing any act or failing to act, when such behavior is considered contrary to the standard of practice for those individuals authorized to practice under this chapter.

NEW SECTION. Sec. 4. REVOCATIONS‑-FINES‑-REPRIMANDS‑-SUSPENSIONS‑-DENIALS‑-COMPLAINTS. (1) In accordance with its authority in chapter 18.43 RCW and as may be provided for in this chapter, the board shall have the exclusive power to reprimand any applicant, permit holder, or licensee, and suspend, revoke, refuse to renew a permit or license, or deny to issue a license or permit to an applicant who is found guilty of violations of this chapter. The board shall also have the power to impose a monetary penalty against any applicant, permit holder, or licensee up to one thousand dollars per violation.

(2) Any person may prefer a complaint alleging violations of this chapter. All complaints must be filed with the board in a manner specified by the board. All complaints must be in writing and sworn to by the person making the allegations.

(3) All procedures related to hearings on such charges shall be in accordance with provisions relating to adjudicative proceedings in chapter 34.05 RCW, the administrative procedure act.

NEW SECTION. Sec. 5. ADVISORY COMMITTEE CREATION‑-QUALIFICATIONS‑-APPOINTMENTS‑-TERMS‑-QUORUM. (1) There is created an advisory committee, which shall provide recommendations to the board and the director concerning the implementation of this chapter.

(2) The advisory committee shall consist of five members who are knowledgeable about, and have experience with the designs, inspection, construction, or maintenance of on-site wastewater treatment systems, and are otherwise eligible for licensure under this chapter. Each member of the committee shall be a resident of the state and shall have a minimum of seven years of continuous experience with on-site wastewater treatment systems immediately prior to appointment.

(3) The director shall appoint members to the committee comprised of individuals from across the state, utilizing geographic and experience diversity as much as possible. The terms of the members of the advisory committee shall be a maximum of three years. However, the initial appointees to the committee shall serve the following terms: (a) Two members will serve for two years, and (b) three members will serve for three years. No member of the advisory committee is eligible for reappointment to a third consecutive term, but any member is eligible for reappointment after an absence of at least one year from the committee. Whenever a member is reappointed following an absence of at least one year from the committee, he or she is eligible for reappointment to a second consecutive term and is eligible for reappointment after an absence of at least one year from the committee.

(4) Members of the advisory committee may not be compensated, but shall be reimbursed for expenses incurred in accordance with RCW 43.03.050 and 43.03.060.

(5) A quorum of the advisory committee is three members.

(6) Each member shall serve until they have been replaced by a subsequent appointment, resign their position, or have been removed from service by the director for just cause. The director shall appoint a new member to fill any vacancy on the advisory committee for the remainder of the unexpired term.

(7) At the request of the committee, the director may appoint temporary additional members to the advisory committee for the purpose of aiding in rule development, examination development, and technical advice on complaints. Individuals appointed as temporary members must meet the same minimum qualifications as regular members of the advisory committee. While serving as temporary members, these individuals shall have all the powers, duties, and immunities of a regular member of the advisory committee and shall be reimbursed for expenses incurred in accordance with RCW 43.03.050 and 43.03.060. Maximum appointment of temporary members is one year. The director may extend the original appointment up to only one additional year or less as needed.

NEW SECTION. Sec. 6. DIRECTOR AUTHORITY. The director has the authority to:

(1) Appoint and reappoint members to the advisory committee, including temporary additional members, and remove committee members for just cause;

(2) Employ such administrative, clerical, and investigative staff as necessary to administer and enforce the requirements of this chapter;

(3) Establish fees for applications, examinations, and renewals in accordance with chapter 43.24 RCW;

(4) Issue licenses to those applicants who meet the licensing requirements set forth in this chapter;

(5) Issue rules as necessary to implement this section.

NEW SECTION. Sec. 7. BOARD AUTHORITY‑-DUTIES. (1) The board has the authority to:

(a) Adopt rules to implement this chapter, including but not limited to, evaluation of experience, examinations, scope of practice, and standards of practice;

(b) Administer licensing examinations;

(d) Conduct investigations of complaints alleging violations of this chapter;

(e) Conduct adjudicative proceedings in accordance with the administrative procedure act, chapter 34.05 RCW;

(f) Issue investigative subpoenas to compel the production of records, maps, and other documents as may be related to the investigation of violations of this chapter;

(g) Take disciplinary action as provided for in RCW 18.43.110 and 18.43.120.

(2) The board shall consider the recommendations of the advisory committee made in accordance with subsection (1) of this section.

NEW SECTION. Sec. 8. ADVISORY COMMITTEE AUTHORITY. The advisory committee shall make recommendations to the board regarding the following:

(1) Development and adoption of rules to implement this chapter, including but not limited to: Evaluation of experience, examinations, scope of practice, and standards of practice;

(2) Assist in the development of the material content of examinations needed to qualify for licensure or a certificate of competency under this chapter;

(3) Review of complaints and investigations pertaining to the practice of the design of on-site wastewater treatment systems; and

(4) Any other duties as deemed necessary by the director or the board.

NEW SECTION. Sec. 9. IMMUNITY. The director, members of the board, or individuals acting on behalf of the director are immune from suit in any action, civil or criminal, based on any acts performed in the course of their duties under this chapter. However, the misconduct may not be intentional or willful.

NEW SECTION. Sec. 10. PRACTICE PERMITS‑-LICENSE‑-PRACTITIONERS UNDER LOCAL AUTHORITY. (1) On July 1, 2000, all persons who are authorized by a local health jurisdiction to prepare on-site wastewater treatment system designs in the state of Washington shall be deemed eligible for a practice permit under this chapter.

(2) On or after July 1, 2000, all individuals wishing to obtain the practice permit shall make application to the board and pay the prescribed fee established by the director. The practice permit enables the permit holder to practice on-site design services only within those jurisdictions that the permit holder had local health jurisdiction authorization as of July 1, 2000.

(3) The practice permit is renewable annually after payment of the fee established by the director. However, all practice permits issued under this chapter will expire on June 30, 2003, and are considered invalid for any time period after that date.

(4) All persons who practice or offer to practice the design of on-site wastewater treatment systems shall obtain a license under this chapter by July 1, 2003. All persons wishing to obtain a license to practice on-site wastewater treatment systems may obtain the license by one of the methods described in this chapter. The board, starting on July 1, 2001, will accept applications for the license.

(5) On July 1, 2000, all programs administered by local health jurisdictions that license or otherwise authorize the practice of on-site wastewater treatment systems designs will discontinue. On or after that date all persons practicing on-site design services in the state of Washington must hold a practice permit or a license as described in this chapter.

(6) The local health jurisdictions, the department of health, and the department of ecology shall retain authority to administer local regulations and codes for approval or disapproval of designs for on-site wastewater treatment systems, to issue permits for construction, evaluate soils and site conditions for compliance with code requirements, and perform on-site wastewater treatment design work as authorized under state and local board of health rules.

NEW SECTION. Sec. 11. APPLICANTS VIA WRITTEN EXAMINATION‑-EXPERIENCE REQUIREMENTS. All applicants for licensure, via written examination under this chapter, shall meet the following minimum requirements:

(1) Have a high school diploma or equivalent degree;

(2) Be able to demonstrate a minimum of four years of experience, as approved by the board, showing increased responsibility for the design of on-site wastewater treatment systems. The experience shall include, but not be limited to: Site soil assessment, hydraulics, topographic delineations, use of specialized treatment processes and devices, construction practices, or microbiology.

(3) Completion of two years of college level course work in subjects dealing with, but not limited to: Soils, hydraulics, topographic delineations, construction practices, or microbiology, or completion of a two-year curriculum in on-site treatment systems, technology, and applications, as approved by the board, may be substituted for up to two years of the experience requirement.

NEW SECTION. Sec. 12. APPLICANTS VIA EXAMINATION WAIVER‑-EXPERIENCE REQUIREMENTS. (1) Applicants for licensure under this chapter may apply for an examination waiver. An applicant for licensure by examination waiver is required to submit an application and fee, as prescribed by the board, that includes documentation that at the time of application, the applicant:

(a) Has a high school diploma or equivalent degree; and

(b) Is able to demonstrate a minimum of eight years of experience, as approved by the board, showing increased responsibility for the design of on-site wastewater treatment systems within the ten years immediately prior to application. The experience may include, but not be limited to: Site soil assessments or evaluations, hydraulics, topographic delineations, use of specialized treatment processes and devices, microbiology, regulatory reviews of on-site designs, and construction inspections of on-site installations.

(2) Applicants for licensure by examination waiver should be able to demonstrate that their experience areas were applicable to work performed on at least ten separate sites or designs for each of the five years immediately preceding the date of application. Experience for waiver must include a varied complexity of designs, as approved by the board.

NEW SECTION. Sec. 13. EXPERIENCE FROM OUTSIDE WASHINGTON STATE. Experience gained in on-site design, inspection, or construction activities that is acquired in areas outside the state of Washington may satisfy the experience requirements under this chapter. The experience will be considered based upon the level of complexity of the design work, and evidence that the experience shows increased responsibility over designs. Such experience will only be considered to the extent the experience can be independently verified by the board. Credit given for experience gained outside of Washington state can only be applied toward eligibility for licensure by examination.

NEW SECTION. Sec. 14. APPLICATION‑-REFERENCES‑-FEES. (1) An application for licensure shall be made on forms prescribed by the board and furnished by the director. The application shall contain statements made under oath, demonstrating the applicant's education and work experience.

(2) Applicants shall provide not less than two verifications of experience from licensed professional engineers, on-site wastewater treatment system designers licensed under this chapter, or state or local regulatory officials in the on-site wastewater treatment field who have direct knowledge of the applicant's qualifications to practice in accordance with this chapter and can verify the applicant's work experience.

(3) The director, as provided in RCW 43.24.086, shall determine an application fee for licensure as an on-site wastewater treatment system designer. A nonrefundable application fee shall accompany the application and will include the cost of the examination and the issuance of a license and wall certificate. A candidate failing an examination may apply for reexamination. Subsequent examinations will be administered upon payment of a fee to be determined by the director.

NEW SECTION. Sec. 15. ISSUANCE OF LICENSE‑-SEAL. (1) The director shall issue a license to any applicant who has satisfactorily met the requirements of this chapter. The issuance of a license by the director shall be evidence that the person named is entitled to the rights and privileges of a licensed on-site wastewater treatment system designer, while the license remains valid.

(2) Each person licensed under this chapter shall obtain an inking stamp, of a design authorized by the board, that contains the licensee's name and license number. Plans, specifications, and reports prepared by the registrant shall be signed, dated, and stamped. Such signature and stamping constitutes a certification by the licensee that the plans, specifications, and reports were prepared by or under the direct supervision of the licensee.

(3) Those persons who obtain a certificate of competency issued under chapter 70.118 RCW do not have the privileges granted to a license holder under this chapter and do not have authority to obtain and use a stamp as described in subsection (2) of this section.

NEW SECTION. Sec. 16. PRACTICE PERMIT RENEWAL‑-LICENSE RENEWAL‑-PENALTY FEE. (1) Practice permits and licenses issued under this chapter are valid for a period of one year and may be renewed under the conditions described in this chapter. An expired practice permit or expired license is invalid and must be renewed before lawful practice can resume. Any permit holder or licensee who fails to pay the renewal fee within ninety days following the date of expiration, shall be assessed a penalty fee as determined by the director. The penalty fee and the base renewal fee must be paid by the permit holder or licensee before the license is returned to a valid status.

(2) Any license issued under this chapter, that is not renewed within two years of its date of expiration, shall be canceled. Once canceled, the affected licensee is required to reapply, as a new applicant, under this chapter. The director in conformance with RCW 43.24.140 may modify the duration of the license. The director, as provided in RCW 43.24.086, shall determine the fee for applications and renewals of practice permits and licenses issued under this chapter.

NEW SECTION. Sec. 17. PERSONS EXEMPT FROM LICENSURE. Persons engaged in the following activities are not required to be licensed under this chapter:

(1) A resident owner, who has prepared a design of on-site wastewater treatment systems for his or her single-family residence, if such design is authorized by the local health jurisdiction;

(2) A licensed professional engineer as provided for in chapter 18.43 RCW, if the professional engineer can perform the design work in accordance with this chapter; and

(3) An employee or a subordinate of a person licensed under chapter 18.43 RCW as a professional engineer or a person licensed under this chapter. However, the work must be under the direct supervision of the engineer or licensee and cannot include final design decisions.

NEW SECTION. Sec. 18. UNLICENSED PRACTICE‑-PENALTY. After June 30, 2003, it is a gross misdemeanor, punishable under RCW 9.92.020, for any person to:

(1) Perform on-site wastewater treatment systems design services, or hold himself or herself out to be qualified to perform such services, without having been issued a standard license under this chapter. However, this does not apply to a person who is exempt from licensure under section 17 of this act; or

(2) Attempt to use as his or her own, the license or seal of another, attempt to use a revoked or suspended license, or attempt to use false or fraudulent credentials.

NEW SECTION. Sec. 19. CONTINUING COMPETENCY. The board may require licensees and certificate of competency holders under this chapter to demonstrate maintenance of knowledge and skills as a condition of license or certificate renewal. These requirements may include but are not limited to:

(1) Continued professional development or continued education;

(2) Peer review of work products; and

(3) Periodic reexamination.

NEW SECTION. Sec. 20. COMITY. Any person holding a license issued by a jurisdiction outside the state of Washington that authorizes that person to perform design services for the construction of an on-site wastewater treatment system may be granted a license without examination under this chapter, if:

(1) The education, experience, or examination forming the basis of the license is equal to or greater than the conditions for the issuance of a license under this chapter; and

(2) The individual has paid the applicable fee and submitted the necessary application form.

NEW SECTION. Sec. 21. LOCAL HEALTH JURISDICTIONS‑-CERTIFICATE OF COMPETENCY. (1) Employees of local health jurisdictions who work in a capacity of reviewing, inspecting, or approving the design and construction of on-site wastewater treatment systems are required to obtain a certificate of competency by obtaining a passing score on the written examination administered for licensure under this chapter. The certificate of competency is established to allow local health jurisdictions to evaluate the competency level of their employees. Eligibility to apply for the certificate of competency is based upon a written request from the local health director or designee, and payment of the necessary fee. Applications for a certificate of competency will not be accepted until after June 30, 2000. The certificate of competency is renewable upon payment of the fee established by the director.

(2) Issuance of the certificate of competency does not authorize the certificate holder to offer or provide on-site wastewater treatment system design services. However, nothing in this chapter shall be construed to limit or affect the ability of the local health jurisdictions to perform on-site design services under their authority in chapter 70.05 RCW.

NEW SECTION. Sec. 22. OPERATING ACCOUNT ESTABLISHED. (1) All fees and fines collected under this chapter shall be paid into the professional engineers' account established under RCW 18.43.150. Moneys in the account may be spent only after appropriation and shall be used to carry out all the purposes of this chapter and chapter 18.43 RCW. It is intended that the cost of administering this chapter be recovered through fees collected from licensees and applicants under this chapter.

(2) The director shall biennially prepare a budget request based on the anticipated cost of administering these licensing activities, which shall include the estimated income from fees contained in this chapter.

NEW SECTION. Sec. 23. INITIAL APPROPRIATION FOR IMPLEMENTATION. (1) The sum of two hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2000, from the general fund to the board of registration for professional engineers and land surveyors for the purposes of this act.

(2) The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2001, from the general fund to the board of registration for professional engineers and land surveyors for the purposes of this act.

NEW SECTION. Sec. 24. PROGRAM EVALUATION. (1) By July 1, 2005, the department of licensing and the department of health shall convene a review committee to evaluate the designer licensing and inspector certification programs established under this chapter.

(2) With implementation of this chapter, a work group shall be convened by the director to continue the evaluation on the need for and implementation of subsequent licensing or certification programs for other on-site wastewater related activities, including operations and maintenance, installation and pumping/hauling. Additionally, the work group shall study the development and implementation of an amendment to this chapter dealing with financial assurance of practitioners through bonding, insurance, risk pools, or other methods. Recommendations of the work group shall be provided to the director and forwarded to the legislature by January 1, 2002.

NEW SECTION. Sec. 25. A new section is added to chapter 70.118 RCW to read as follows:

The local board of health shall ensure that individuals who conduct inspections of on-site wastewater treatment systems or who otherwise conduct reviews of such systems are qualified in the technology and application of on-site sewage treatment principals. A certificate of competency issued by the department of licensing, as authorized in chapter 18.-- RCW (sections 1 through 22, 24, and 26 of this act), shall be deemed as adequate demonstration that an individual is competent in the engineering aspects of on-site sewage system technology.

For purposes of determining competency of local health personnel regarding a certificate of competency, the department of licensing may waive minimum experience requirements and the exam requirements of chapter 18.-- RCW (sections 1 through 22, 24, and 26 of this act), based on the individual's related work experience, education, training, and appropriate state or national professional accreditation.

A local health board may allow noncertified individuals to review designs and conduct inspections of on-site wastewater treatment systems for a maximum of two years after their date of hire, if a certified individual reviews or supervises their work during that time.

NEW SECTION. Sec. 26. CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.

NEW SECTION. Sec. 27. Sections 1 through 22, 24, and 26 of this act constitute a new chapter in Title 18 RCW.