WSR 00-16-068

PROPOSED RULES

DEPARTMENT OF LICENSING


(Board of Registration for Professional Engineers and Land Surveyors)

[ Filed July 27, 2000, 4:33 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-11-088.

Title of Rule: This will be new chapter 196-32 WAC, On-site wastewater treatment system designer license/inspector certificates of competency. The chapter contains five subsections that provide information to individuals to apply for, take, and appeal the denial of application for licensing and examination, as provided for in chapter 18.210 RCW.

Purpose: The purpose of this new chapter is to implement those parts of RCW 18.210.100, 18.210.110, 18.210.120, 18.210.130, and 18.210.190 requiring examination and application for licensure and certificates of competency of persons who practice the design of or the inspection of on-site wastewater treatment systems in the state. It will also notify all applicants of the required qualifications and process to apply for the examination and license or certificate of competency.

Statutory Authority for Adoption: RCW 18.210.060 and 18.43.035.

Statute Being Implemented: Chapter 18.210 RCW.

Summary: 2SSB 5821 established the on-site wastewater treatment system designer licensing/inspector certification program in July 1999. That legislation was codified as chapter 18.210 RCW. This law requires that persons practicing on-site design services obtain a license to do so and establishes a timeline. The law also establishes a certificate of competency for employees of local health departments inspecting on-site designs. The law indicates that to receive a license or certificate that applicants pass a written examination administered by the board and meet certain minimum requirements to take the examination.

Reasons Supporting Proposal: Chapter 18.210 RCW requires the establishment of a license, certificate of competency and a licensing examination. These rules define the qualifications and outline the process to take the examination and obtain the license or certificate.

Name of Agency Personnel Responsible for Drafting: Joe Vincent Jr., 405 Black Lake Boulevard, Olympia, WA, (360) 664-1567; Implementation and Enforcement: George A. Twiss, 405 Black Lake Boulevard, Olympia, WA, (360) 664-1565.

Name of Proponent: Board of Registration for Professional Engineers and Land Surveyors, On-Site Wastewater Treatment System Designer Licensing/Inspector Certification Advisory Committee, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: See comments in summary above.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This new WAC chapter and set of rules establishes the examination and application for licensure and certificates of competency of persons who practice the design of or the inspection of on-site wastewater treatment systems in the state, as required by chapter 18.210 RCW.

The purpose of these rules is to notify all persons who practice on-site wastewater treatment system design services and local health department employees who inspect designs, of the required qualifications and process to apply for the examination and license or certificate of competency.

The effect is to implement the requirements of chapter 18.210 RCW, establishing the licensing examination and the license and certification application process.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The legislature, through 2SSB 5821, mandated the examination and licensing of persons practicing on-site wastewater treatment system design services and the examination and certification of local health department employees who inspect designs. The bill does not require a business to pay for the examination, license, or certificate or the time needed to complete the examination; those costs are typically born, by the license or certificate applicant. In addition, research conducted by the Engineer Registration Board and the On-Site Advisory Committee found that all businesses doing on-site designer work fall into the states' definition of "small business." Consequently, these small businesses cannot be placed at a disadvantage by larger businesses doing the same work.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Neither the Department of Licensing, or the board of registration are one of the named agencies in this statute.

Hearing Location: La Quinta Inn, 1425 East 27th Street, Tacoma, WA 98421, on September 20, 2000, at 7:00 p.m.

Assistance for Persons with Disabilities: Contact Kim Chipman by September 17, 2000, TDD (360) 586-2788, or (360) 664-1564.

Submit Written Comments to: Joe Vincent Jr., Manager, On-Site Program, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9649, Olympia, WA 98507-9649, fax (360) 664-2551, by September 6, 2000.

Date of Intended Adoption: September 21, 2000.

July 27, 2000

George A. Twiss

Executive Director

Chapter 196-32 WAC

On-Site Wastewater Treatment System Designer Licenses/Inspector

Certificates of Competency
NEW SECTION
WAC 196-32-010
Applications.

All applications must be completed on forms provided by the board and filed with the executive director at the board's address. The deadline for properly completed applications accompanied by the appropriate fee and/or charge as listed in Chapter 196-30 WAC, is three months prior to the date of the examination. Incomplete applications, and applications received after the deadline will be considered for a later examination. Once an application has been approved, no further application is required. Applications submitted without the proper fee shall be considered incomplete.

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NEW SECTION
WAC 196-32-020
Qualifications for designer applicants -- Experience and education records.

To qualify for examination the law requires a high school diploma or equivalent and four years of experience in the design of on-site wastewater treatment systems of a character satisfactory to the board. The four years of experience must be completed two months prior to the date of the examination. The board shall evaluate all experience, including education, on a case-by-case basis and consider such experience and education as appropriate. The board will use the following criteria in evaluating an applicant's experience record:

Acceptable education experience will be based on transcripts.

(1) Education experience, up to a maximum of two years, may be approved based on the following:

(a) Graduation from a baccalaureate or associate degree program which contains course work in the sciences and technologies of on-site wastewater treatment systems, as provided in RCW 18.210.100.

(b) Completed college level course work without a degree will be evaluated on a case by case basis.

(c) Documented seminars, industry training programs, and other educational or training programs specifically related to the science and technologies of on-site wastewater treatment systems will be evaluated on a case by case basis.

(2) Acceptable work experience shall be four years of broad based, progressive field and office experience in the design of on-site wastewater treatment systems. The applicability of the experience shall be considered by the board based upon the verification provided by the applicant, the level of independent judgments and decisions, and the demonstration of the ability to work within the regulatory structure. This experience must include, but shall not be limited to the following:

(a) Applying state and local health regulations;

(b) Exercising sound judgment when making independent decisions regarding the sciences and technologies of on-site wastewater treatment systems;

(c) Field identification and evaluation of site conditions;

(d) Conducting research and;

(e) Interacting with clients and the public in conformance with chapter 18.210 RCW.

The board may grant partial credit for experience that does not fully meet the requirements in (a) through (e) of this subsection.

(3) Teaching of a character satisfactory to the board may be recognized as experience up to a maximum of one year.

(4) Any work experience gained in a situation which violates the provisions of chapter 18.210 RCW will not be credited towards the experience requirement.

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NEW SECTION
WAC 196-32-030
Qualifications for inspector certificate of competency

(1) To qualify for examination the law requires a written request from the local health director or designee. Requests shall be submitted on a form prescribed by the board.

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NEW SECTION
WAC 296-32-040
Examinations.

(1) To become licensed as an on-site wastewater treatment system designer or to become an inspector certificate of competency holder the candidate must pass the on-site designer licensing examination as established by the board. The examinations are given at times and places designated by the board. The schedule of future examinations and an examination syllabus may be obtained from the board office. An applicant who has taken an examination and failed or who qualified for an examination but did not take it shall request to take or retake the examination at least three months prior to the examination date. A written request accompanied by the applicable fee and/or charge as listed in Chapter 196-30 WAC is required to reschedule for an examination.

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NEW SECTION
WAC 196-32-050
Comity -- Licensing of applicants without examination

(1) Applicants for licensure as an on-site wastewater treatment system designer by comity must meet the following criteria:

(a) The applicant's qualifications meet the requirements of chapter 18.210.180 RCW and this chapter;

(b) The applicant is in good standing with the licensing agency in a state, territory, possession, or foreign country. Good standing shall be defined as a currently valid license in the jurisdiction of original registration or the jurisdiction of most recent practice, if different from the jurisdiction of original registration.

(2) This provision does not apply to those individuals who have obtained a license, certificate or other authorization from a local health jurisdiction.

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Washington State Code Reviser's Office