BILL REQ. #: H-3831.2
State of Washington | 61st Legislature | 2010 Regular Session |
Prefiled 01/07/10. Read first time 01/11/10. Referred to Committee on Commerce & Labor.
AN ACT Relating to on-site wastewater treatment systems designer licensing; amending RCW 18.210.010, 18.210.020, 18.210.030, 18.210.040, 18.210.050, 18.210.080, 18.210.100, 18.210.120, 18.210.140, 18.210.160, 18.210.170, 18.210.180, and 18.210.190; and repealing RCW 18.210.090 and 18.210.210.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 18.210.010 and 1999 c 263 s 2 are each amended to read
as follows:
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 this chapter 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 chapter 18.43 RCW.
(3) "Designer((,))" or "licensee((,))" ((or "permit holder")) means
an individual authorized under this chapter to perform design services
for on-site wastewater treatment systems.
(4) "Director" means the director of the Washington state
department of licensing.
(5) "Engineer" means a professional engineer licensed under chapter
18.43 RCW.
(6) "Practice of engineering" has the meaning set forth in RCW
18.43.020(5).
(7) "On-site wastewater treatment system" means an integrated
system of components that: Convey, store, treat, and/or provide
subsurface soil treatment and disposal of wastewater effluent on the
property where it originates or on adjacent or other property and
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.
(8) "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.
(9) "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 regulation and codes
regarding on-site wastewater treatment systems.
(10) (("Practice permit" means an authorization to practice granted
to an individual who designs on-site wastewater treatment systems and
who has been authorized by a local health jurisdiction to practice on
or before July 1, 2000.)) "License" means a license to design on-site wastewater
treatment systems under this chapter.
(11)
(((12))) (11) "Certificate of competency" or "certificate" means a
certificate issued to employees of local health jurisdictions
indicating that the certificate holder has passed the licensing
examination required under this chapter.
Sec. 2 RCW 18.210.020 and 2002 c 86 s 256 are each amended to
read as follows:
In addition to the unprofessional conduct described in RCW
18.235.130, the following conduct, acts, and conditions constitute
unprofessional conduct:
(1) Practicing with a practice permit or license issued under this
chapter that is expired, suspended, or revoked;
(2) Being willfully 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; ((and))
(3) Submission of a design or as-built record to a local health
jurisdiction, to the department of health, or to the department of
ecology, that is knowingly based upon false, incorrect, misleading, or
fabricated information; and
(4) Submission of any application for licensure or certification
that contains false, fraudulent, or misleading information.
Sec. 3 RCW 18.210.030 and 2002 c 86 s 257 are each amended to
read as follows:
The board shall immediately suspend the license ((or practice
permit)) of a person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person who is not
in compliance with a support order. If the person has continued to
meet all other requirements for a license under this chapter during the
suspension, reissuance of the license or certificate shall be automatic
upon the department's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance
with the child support order. The procedure in RCW 74.20A.320 is the
exclusive administrative remedy for contesting the establishment of
noncompliance with a child support order, and suspension of a license
under this ((subsection [section])) section, and satisfies the
requirements of RCW 34.05.422.
Sec. 4 RCW 18.210.040 and 1999 c 263 s 5 are each amended to read
as follows:
(1) There is created an advisory committee, which shall provide
recommendations to the board and the director concerning the
implementation of this chapter. The advisory committee shall consist
of five members who are conversant with and experienced in the design,
inspection, construction, and/or maintenance of on-site wastewater
treatment systems, and who are otherwise eligible for licensure under
this chapter. Each member of the committee must be a resident of the
state and must have a minimum of seven years of continuous experience
with on-site wastewater treatment systems immediately prior to
appointment.
(2) The director shall appoint to the committee individuals from
across the state, thus utilizing geographic and experiential diversity
as much as possible. The terms of the members of the advisory
committee shall be a maximum of three years, except that the initial
appointees to the committee shall serve the following terms: Two
members for two years and three members 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. Any member who is
reappointed following an absence of at least one year from the
committee is eligible for reappointment to a second consecutive term
and is again eligible for reappointment after an absence of at least
one year from the committee.
(3) Members of the advisory committee shall serve until replaced by
a subsequent appointment, but may resign prior to completing the term
of appointment. The director may for just cause remove a committee
member. The director shall appoint a new member to fill any vacancy on
the advisory committee for the remainder of the unexpired term.
Members of the advisory committee shall not be compensated, but shall
be reimbursed for expenses incurred in accordance with RCW 43.03.050
and 43.03.060. Three members ((constitutes [constitute])) constitute
a quorum.
(4) At the request of the ((advisory committee)) board, the
director may appoint temporary additional members to the advisory
committee for assistance with rule development, examination
development, and technical advice on complaints. Members temporarily
appointed must meet the same minimum qualifications as regular members
of the advisory committee. Temporary members have all the powers,
duties, and immunities of regular members of the advisory committee and
shall be reimbursed for expenses incurred in accordance with RCW
43.03.050 and 43.03.060. The director shall limit the term of
temporary members to one year, but may for just cause extend the
original appointment up to one additional year.
Sec. 5 RCW 18.210.050 and 1999 c 263 s 6 are each amended to read
as follows:
The director may:
(1) Appoint and reappoint members to the advisory committee,
including temporary additional members, and remove committee members
for just cause;
(2) Employ administrative, clerical, and investigative staff as
necessary to administer and enforce this chapter;
(3) Establish fees for applications, examinations, and renewals in
accordance with chapter 43.24 RCW;
(4) Issue ((practice permits and)) licenses to applicants who meet
the requirements of this chapter; and
(5) Exercise rule-making authority to implement this section.
Sec. 6 RCW 18.210.080 and 1999 c 263 s 9 are each amended to read
as follows:
The director, members of the board, and individuals acting on
behalf of the director or the board are immune to liability in any
civil action or criminal case based on any acts performed in the course
of their duties under this chapter, except for acts displaying
intentional or willful misconduct.
Sec. 7 RCW 18.210.100 and 1999 c 263 s 11 are each amended to
read as follows:
All applicants for licensure under this chapter, except as provided
in RCW 18.210.180, must pass a written examination administered by the
board and must also meet the following minimum requirements:
(1) A high school diploma or equivalent; and
(2) 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 ((must)) should
include((, but is not limited to,)) site soil assessment, hydraulics,
topographic delineations, use of specialized treatment processes and
devices, microbiology, and construction practices. Completion of ((two
years of)) satisfactory college level course work ((in subjects dealing
with, but not limited to, soils, hydraulics, topographic delineations,
construction practices, and/or microbiology or completion of a two-year
curriculum in on-site treatment systems, technology, and applications,
as approved by the board,)) or successful participation in a board-approved internship or mentoring program may be substituted for up to
two years of the experience requirement.
Sec. 8 RCW 18.210.120 and 1999 c 263 s 13 are each amended to
read as follows:
(1) Application for licensure must be on forms prescribed by the
board and furnished by the director. The application must 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)). Verifications of experience may be provided by
licensed professional engineers, licensed on-site wastewater treatment
system designers ((licensed under this chapter)), or state/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 who 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 must accompany the
application. The director shall ensure that the application fee
includes the cost of the examination and the cost issuance of a license
and certificate. A candidate who fails an examination may apply for
reexamination. The director shall determine the fee for reexamination.
Sec. 9 RCW 18.210.140 and 1999 c 263 s 15 are each amended to
read as follows:
(1) ((Practice permits and)) Licenses and certificates issued under
this chapter are valid for ((one year)) a period of time as determined
by the director and may be renewed under the conditions described in
this chapter. An expired ((practice permit or)) license or certificate
is invalid and must be renewed ((before lawful practice can resume)).
Any ((permit holder or)) licensee or certificate holder 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 and must
pay the penalty fee and the base renewal fee before the ((practice
permit or)) license or certificate may be ((returned to a valid
status)) renewed.
(2) Any license ((or practice permit)) issued under this chapter
that is not renewed within two years of its date of expiration must be
canceled. Following cancellation, a person seeking to renew must
reapply as a new applicant under this chapter.
(3) ((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 for renewals of
((practice permits and)) licenses and certificates issued under this
chapter. For determining renewal fees, the pool of licensees and
certificate holders under this chapter must be combined with the
licensees established in chapter 18.43 RCW.
Sec. 10 RCW 18.210.160 and 2002 c 86 s 259 are each amended to
read as follows:
On or after July 1, 2003, it is a gross misdemeanor for any person,
not otherwise exempt from the requirements of this chapter, to: (1)
Perform on-site wastewater treatment systems design services without a
license; (2) purport to be qualified to perform those services without
having been issued a ((standard)) license under this chapter; (3)
attempt to use the license or seal of another; (4) attempt to use a
revoked or suspended license; or (5) attempt to use false or fraudulent
credentials. In addition, action may be taken under RCW 18.235.150.
Sec. 11 RCW 18.210.170 and 1999 c 263 s 18 are each amended to
read as follows:
The board shall require licensees ((and holders of certificates of
competency)) under this chapter to ((obtain)) maintain continuing
professional development ((or continuing education)). The board may
((also)) require these licensees ((and certificate holders)) to
demonstrate maintenance of knowledge and skills as a condition of
license ((or certificate)) renewal, including peer review of work
products and periodic reexamination.
Sec. 12 RCW 18.210.180 and 1999 c 263 s 19 are each amended to
read as follows:
Any person holding a license issued by a jurisdiction outside the
state of Washington authorizing that person to perform design services
for ((the construction)) site soil assessment, hydraulics, topographic
delineations, use of specialized treatment processes and devices,
microbiology, and construction practices of on-site wastewater
treatment systems may be granted a license without examination under
this chapter, if:
(1) The education, experience, and/or examination forming the basis
of the license is determined by the board to be 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 has submitted
the necessary application form.
Sec. 13 RCW 18.210.190 and 1999 c 263 s 20 are each amended to
read as follows:
(1) Employees of local health jurisdictions who review, inspect, or
approve the design and construction of on-site wastewater treatment
systems shall obtain a certificate of competency by obtaining a passing
score on the written examination administered for licensure under this
chapter. Eligibility to apply for the certificate of competency is
based upon a written request from the local health director or designee
and payment of a fee established by the director. ((Applications for
a certificate of competency may not be accepted until on or after July
1, 2000.)) The certificate of competency is renewable upon payment of
a fee established by the director. Certificate holders are also
subject to the requirements of RCW 18.210.140(1).
(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 limits or
affects the ability of local health jurisdictions to perform on-site
design services under their authority in chapter 70.05 RCW.
(3) Local health jurisdictions and the state department of health
retain authority to:
(a) Administer local regulations and codes for approval or
disapproval of designs for on-site wastewater treatment systems;
(b) Issue permits for construction;
(c) Evaluate soils and site conditions for compliance with code
requirements; and
(d) Perform on-site wastewater treatment design work as authorized
in state local board of health rules.
NEW SECTION. Sec. 14 The following acts or parts of acts are
each repealed:
(1) RCW 18.210.090 (Practice permits -- License) and 1999 c 263 s 10;
and
(2) RCW 18.210.210 (Chapter evaluation -- Financial assurance) and
1999 c 263 s 23.