Professionalism WithProfessionalism WithOccupational LicensureOccupational Licensure

Installer Certification In North Installer Certification In North CarolinaCarolina

General Statute 90A-70General Statute 90A-70

• Effective January 1, 2008Effective January 1, 2008• No person shall construct, install, or No person shall construct, install, or

repair, repair, or or offeroffer to construct, install, or to construct, install, or repairrepair any wastewater system permitted any wastewater system permitted under the provisions of Article 11 of under the provisions of Article 11 of Chapter 130A of the General Statutes Chapter 130A of the General Statutes unless certified at the required level of unless certified at the required level of certification for the specific system.certification for the specific system.

And, for And, for Point-of-Sale InspectorsPoint-of-Sale Inspectors

• Same date, January 1, 2008Same date, January 1, 2008• No person shall conduct an inspection or No person shall conduct an inspection or

offer to conduct an inspection on an on-offer to conduct an inspection on an on-site wastewater system without being site wastewater system without being certified as an inspector at the required certified as an inspector at the required level of certification for the specified level of certification for the specified system.system.

Clarity of “Inspector”Clarity of “Inspector”

• ““Inspector” and “Inspection” under this Inspector” and “Inspection” under this General Statute does General Statute does notnot imply the imply the power of issuing permits. This remains power of issuing permits. This remains with LHD.with LHD.

• LHD still inspects systems for LHD still inspects systems for homeowners (Not Homebuyers).homeowners (Not Homebuyers).

• LHD does not issue inspection reports LHD does not issue inspection reports that would serve a contractual obligation that would serve a contractual obligation for sale of home.for sale of home.

The Role of the The Role of the Point-of-Sale InspectorPoint-of-Sale Inspector

• Client is the prospective Client is the prospective homebuyer, realtor, or lending homebuyer, realtor, or lending institution.institution.

• Conducts an inspection of the Conducts an inspection of the components. components. DOES NOT EVALUATE DOES NOT EVALUATE THE FUTURE PERFORMANCE OF THE FUTURE PERFORMANCE OF THE SYSTEM.THE SYSTEM.

Responsibility of the Responsibility of the NCOWCICBNCOWCICB

• Establish a Minimum Level of Establish a Minimum Level of Inspection Duties; Standards that Inspection Duties; Standards that will have to be included in all POS will have to be included in all POS Inspections.Inspections.

• POS Inspector can expand the POS Inspector can expand the inspection duties, but must receive inspection duties, but must receive approval from the Board.approval from the Board.

The Installer/ContractorThe Installer/Contractor

• ““Contractor” means a person who Contractor” means a person who constructs, installs, or repairs an on-site constructs, installs, or repairs an on-site wastewater system in NCwastewater system in NC

• ““Repair” means any construction or Repair” means any construction or alteration to an existing onsite alteration to an existing onsite wastewater system that requires a wastewater system that requires a repair permit from the LHD prior to work repair permit from the LHD prior to work commencing.commencing.

Who is “Exempt”Who is “Exempt”

• A person who is employed by, or A person who is employed by, or performs labor and service for, a performs labor and service for, a certified person certified person under the direct and under the direct and personal supervision of the certified personal supervision of the certified person.person.

• Means the foreman or crew doesn’t have Means the foreman or crew doesn’t have to be certified.to be certified.

• Certified person Certified person does notdoes not have to be at have to be at the site. LHD may request the certified the site. LHD may request the certified person be at the site for OP.person be at the site for OP.

The Definition of The Definition of Employer/EmployeeEmployer/Employee

• The Certified Person may use his The Certified Person may use his own personal labor and that of his own personal labor and that of his employees defined as IRS 1040 employees defined as IRS 1040 employees. employees. Does NOT mean an Does NOT mean an uncertified subcontractor defined uncertified subcontractor defined as a IRS 1099. These relationships as a IRS 1099. These relationships mean an OFFER was made.mean an OFFER was made.

Rights of the IndividualRights of the Individual

• Law does not apply to a person installing Law does not apply to a person installing a single tank with a gravity-fed a single tank with a gravity-fed distribution system when located on distribution system when located on property property ownedowned by the person and by the person and intended for the sole use of the person intended for the sole use of the person and their immediate family.and their immediate family.

• DOES NOT MEAN THE HOMEOWNER CAN DOES NOT MEAN THE HOMEOWNER CAN HIRE AN UNCERTIFIED PERSON!HIRE AN UNCERTIFIED PERSON!

Article 1 of Chapter 87Article 1 of Chapter 87

• A person licensed under Article 1 of A person licensed under Article 1 of Chapter 87 as a General Contractor Chapter 87 as a General Contractor who constructs or installs an on-who constructs or installs an on-site wastewater system site wastewater system ancillary to ancillary to the building being constructed.the building being constructed.

WHAT’S THAT MEAN!WHAT’S THAT MEAN!

• The General Contractor of record The General Contractor of record for the building or residence can for the building or residence can construct or install the system and construct or install the system and does not have to be certified.does not have to be certified.

• The person The person cannotcannot hold themselves hold themselves out as an Installer.out as an Installer.

A Limited Umbrella of A Limited Umbrella of ExemptionExemption

• Options:Options:• The GC can personally install with his The GC can personally install with his

employed (W-2) crew.employed (W-2) crew.• The GC can hire a person certified at the The GC can hire a person certified at the

grade level for the specific site.grade level for the specific site.• Cannot REPAIR (exemption does not Cannot REPAIR (exemption does not

mention repair). mention repair). COULD “REPAIR” A COULD “REPAIR” A SYSTEM OR “CORRECT” A SYSTEM SYSTEM OR “CORRECT” A SYSTEM WITHIN THE BUILDER’S LIABILITY WITHIN THE BUILDER’S LIABILITY PERIOD.PERIOD.

No UmbrellaNo Umbrella

• The General Contractor The General Contractor cannotcannot hire a hire a sub-contractor who is uncertified or sub-contractor who is uncertified or under-certified who is not an employee, under-certified who is not an employee, remember:remember:

• OR OFFERS TO CONSTRUCT, INSTALL, OR OFFERS TO CONSTRUCT, INSTALL, OR REPAIR.OR REPAIR.

A Sub-contractor relationship means A Sub-contractor relationship means someone made “an offer!”someone made “an offer!”

Good News For Good News For General ContractorsGeneral Contractors

• Reasons given for urging exemption for Reasons given for urging exemption for GC was (1) cost may go up, and (2) GC was (1) cost may go up, and (2) interruption of services.interruption of services.

• With the numbers of persons certified, it With the numbers of persons certified, it is doubtful that either would occur.is doubtful that either would occur.

• The possibility of the GC wanting to use The possibility of the GC wanting to use an uncertified person is minimal. an uncertified person is minimal.

A Subsurface Operator is A Subsurface Operator is ExemptExempt

• The relationship of duties is The relationship of duties is separate, so they do not apply.separate, so they do not apply.

• Certified O & M Providers are Certified O & M Providers are providing service and maintenance, providing service and maintenance, not installation and construction, not installation and construction, not repairs, and not a POS not repairs, and not a POS inspections.inspections.

Separate DutiesSeparate Duties

• A Certified Installer cannot conduct A Certified Installer cannot conduct POS inspections unless certified by POS inspections unless certified by the Board.the Board.

• A Certified Inspector cannot install A Certified Inspector cannot install or repairor repair

• A Certified Installer or Inspector are A Certified Installer or Inspector are not certified to do O & Mnot certified to do O & M

What is a NPDES PermitWhat is a NPDES Permit

• A clarification under the definitionsA clarification under the definitions• NPDES permit is not a system permitted NPDES permit is not a system permitted

under Article 11 of Chapter 130A. This under Article 11 of Chapter 130A. This is a discharge permit under DWQ.is a discharge permit under DWQ.

• Law does not apply to a person Law does not apply to a person constructing a system permitted under constructing a system permitted under Article 21 of Chapter 143.Article 21 of Chapter 143.

The Public Utilities The Public Utilities ContractorContractor

• Law does not apply to a person Law does not apply to a person licensed under Chapter 1 of Article licensed under Chapter 1 of Article 87 as a Public Utilities Contractor 87 as a Public Utilities Contractor who is installing or expending a who is installing or expending a wastewater treatment facility, wastewater treatment facility, including a collection system, including a collection system, designed by a professional designed by a professional engineer.engineer.

AnotherAnother Limited Umbrella Limited Umbrella

• A wastewater treatment facility does not A wastewater treatment facility does not mean any and all onsite wastewater mean any and all onsite wastewater systems.systems.

• Has to be designed by a professional Has to be designed by a professional engineer.engineer.

• Typically large (>3000 gpd), a Typically large (>3000 gpd), a biological, chemical, or mechanical biological, chemical, or mechanical treatment, multi-family or business.treatment, multi-family or business.

Hold the Phone!!Hold the Phone!!

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

The Licensed PlumberThe Licensed Plumber

• No real exemptionNo real exemption• A licensed plumbing contractor does not A licensed plumbing contractor does not

apply, as long as the plumber is not apply, as long as the plumber is not performing work that includes the performing work that includes the installation or repair of a septic tank or installation or repair of a septic tank or similar depository, or lines or similar depository, or lines or appurtenances downstream from the appurtenances downstream from the point where the sewer line enters the point where the sewer line enters the septic tank or similar depository.septic tank or similar depository.

Plumbers Can Still Do Plumbers Can Still Do Their WorkTheir Work

• From the house to the tank, other From the house to the tank, other than that, than that, the person has be the person has be certified.certified.

• Means that if the system requires a Means that if the system requires a grease trap prior to the septic tank, grease trap prior to the septic tank, the the similar depositorysimilar depository, requires a , requires a certified installer.certified installer.

This Law Does Not Apply This Law Does Not Apply To A DWQ PermitTo A DWQ Permit

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

From One End of North From One End of North Carolina To AnotherCarolina To Another

• So far, the NCOWCICB has certified So far, the NCOWCICB has certified approx. 2400 persons from Level I approx. 2400 persons from Level I to IV, and Inspector.to IV, and Inspector.

• North Carolina, South Carolina, North Carolina, South Carolina, Virginia, Georgia, and Florida.Virginia, Georgia, and Florida.

• 20 locations across NC IN 2007.20 locations across NC IN 2007.

After January 1, 2008After January 1, 2008

• LHD should expect a variety of LHD should expect a variety of situations upon application for IP, situations upon application for IP, CA, and OP.CA, and OP.

• Time and experience will smooth Time and experience will smooth the edges, just like all changes.the edges, just like all changes.

• Contact the Board. Contact the Board.

FAQ and What If’sFAQ and What If’s

• Person calls for an OP, and work was not Person calls for an OP, and work was not done by a certified installer, the owner done by a certified installer, the owner of property for their personal use, or the of property for their personal use, or the GC himself.GC himself.

• The LHD cannot issue an Op knowing The LHD cannot issue an Op knowing the violation.the violation.

• Verification may be required by the LHD Verification may be required by the LHD concerning GC license or concerning GC license or ownership/installation by private owner.ownership/installation by private owner.

Local Health Department as the Local Health Department as the “Police”“Police”

• Not really the police. The complaints to Not really the police. The complaints to the Board will be investigated and the Board will be investigated and judgments issued.judgments issued.

• LHD should be required to uphold laws LHD should be required to uphold laws and rules concerning Article 11 of and rules concerning Article 11 of Chapter 130A. Chapter 130A. The body of .1900 Rules The body of .1900 Rules shall incorporate Installer Certification.shall incorporate Installer Certification.

And the homeowner And the homeowner

• The “homeowner” applies for the IP and The “homeowner” applies for the IP and says he is installing the system.says he is installing the system.

• Proof of ownership required, Proof of ownership required, identification cited on the permit, and identification cited on the permit, and proof of workmanship required at OP. proof of workmanship required at OP. Can they cover the system in the Can they cover the system in the presence of the LHD? The LHD should presence of the LHD? The LHD should not issue the OP unless the verification not issue the OP unless the verification convinces the EHS that competence is convinces the EHS that competence is demonstrated.demonstrated.

More FAQMore FAQ

• ““I’m a licensed General Contractor I’m a licensed General Contractor and don’t need to be certified!”and don’t need to be certified!”

• At IP, make sure the person is the At IP, make sure the person is the GC of record for the construction. GC of record for the construction. Make sure they understand Make sure they understand restrictions, and verify at the OP.restrictions, and verify at the OP.

What If…What If…

• ““I’m a Public Utilities Contractor I’m a Public Utilities Contractor and don’t need to be certified!”and don’t need to be certified!”

• Make sure the project falls under Make sure the project falls under restrictions of a utility system, restrictions of a utility system, verify credentials of PUC.verify credentials of PUC.

• May not be the GC of recordMay not be the GC of record

I’m certified, but can I I’m certified, but can I upgrade?upgrade?

• A certified person can change their A certified person can change their grade level prior to construction by grade level prior to construction by notifying the Board, paying the notifying the Board, paying the appropriate fee (or increment), appropriate fee (or increment), attend the correct CE courses, and attend the correct CE courses, and take the applicable test.take the applicable test.

2008 Courses & Tests2008 Courses & Tests

• Examination for Levels III & IV will be Examination for Levels III & IV will be given 4 times this year. given 4 times this year. Next exam is in Next exam is in Greensboro on October17, 2008.Greensboro on October17, 2008.

• NCSTA Classes in 2008: Hickory, Rocky NCSTA Classes in 2008: Hickory, Rocky Mount, Elizabeth City, Asheville, Boone, Mount, Elizabeth City, Asheville, Boone, Franklin, Williamston, Bolivia, New Bern, Franklin, Williamston, Bolivia, New Bern, Monroe, Greensboro.Monroe, Greensboro.

Continuation of BusinessContinuation of Business

• Certification is a two-party licensure; the Certification is a two-party licensure; the person attending and testing, and the person attending and testing, and the firm they are working with at the time of firm they are working with at the time of certification.certification.

• Firm has 60 days to continue existing Firm has 60 days to continue existing contracts if person, by death or contracts if person, by death or unemployment, is no longer available to unemployment, is no longer available to the firm installing the system.the firm installing the system.

““I didn’t know…”I didn’t know…”

• THIS IS NOT YOUR DECISION, THE LAW THIS IS NOT YOUR DECISION, THE LAW IS THE LAW!IS THE LAW!

• Decision remains with the NCOWCICB, Decision remains with the NCOWCICB, and they can’t violate the laws and rules and they can’t violate the laws and rules either.either.

• A decision by a regulatory authority to A decision by a regulatory authority to overlook or circumvent the law is a overlook or circumvent the law is a violation.violation.

• The NCOWCICB can investigate a The NCOWCICB can investigate a complaint against the LHD.complaint against the LHD.

The InvestigationThe Investigation

• Investigation teams will be formed Investigation teams will be formed by the Board.by the Board.

• Investigation will be based Investigation will be based on .1900 Rules, or if local rules are on .1900 Rules, or if local rules are in place, local rules (4 counties).in place, local rules (4 counties).

• May be arbitration between parties.May be arbitration between parties.

Proof of CertificationProof of Certification

• Each Certified person will receive Each Certified person will receive an Identification Card with their an Identification Card with their current level.current level.

• All certified persons will be listed All certified persons will be listed on the NCOWCICB website and can on the NCOWCICB website and can be linked.be linked.

• This is a State-wide CertificationThis is a State-wide Certification

What About County What About County Registration ProgramsRegistration Programs

• Where there is a State Registration, Where there is a State Registration, Counties cannot require a fee for Counties cannot require a fee for local registration.local registration.

• What about Local Rule Counties?What about Local Rule Counties?• What about required annual What about required annual

meetings, without fees?meetings, without fees?

Next Up For NCOWCICBNext Up For NCOWCICB

• Rules to mirror General StatutesRules to mirror General Statutes• Forms for:Forms for:• Inspections (Minimum Standards)Inspections (Minimum Standards)• Notices for LHDs to offer to Notices for LHDs to offer to

Installers, GC, HomeownersInstallers, GC, Homeowners• Approvals for Education SourcesApprovals for Education Sources• Investigation of CompaintsInvestigation of Compaints

Who Is Offering Education?Who Is Offering Education?

• Currently, the NCSU Cooperative Currently, the NCSU Cooperative Extension, and the NC Septic Tank Extension, and the NC Septic Tank Assoc., a few Local Health Departments.Assoc., a few Local Health Departments.

• Local Health Departments have inquired Local Health Departments have inquired for next year, however a “firewall” may for next year, however a “firewall” may be needed to avoid conflict of interest be needed to avoid conflict of interest during the year. Can only be approved during the year. Can only be approved for “State” Rules, not Local regulations.for “State” Rules, not Local regulations.

After January 1, 2008After January 1, 2008

• CE hours requiredCE hours required• Renewal Fees must be paidRenewal Fees must be paid• Testing is only required by law at 3 Testing is only required by law at 3

locations. Levels III, IV, and Point-locations. Levels III, IV, and Point-of-Sale Inspector.of-Sale Inspector.

Contact NCOWCICBContact NCOWCICB

Gene Young, ChairGene Young, Chair

Gene.youngGene.young

@ncmail.net@ncmail.net

Jerry PearceJerry Pearce Diana RashashDiana Rashash

diana_rashashdiana_rashash

@ncsu.edu@ncsu.edu

Russ DavisRuss Davis

russdavisrussdavis@deanhardtanddavis.c@deanhardtanddavis.comom

Al GerardAl Gerard

nclandexpertnclandexpert

@yahoo.com@yahoo.com

Paul HigdonPaul Higdon

sewersolutionsincsewersolutionsinc

@yahoo.com@yahoo.com

Glenn HinesGlenn Hines

HinesContractorsHinesContractors

@aol.com@aol.com

Jeff KnightJeff Knight Jim LanierJim Lanier

Jim@Jim@

stanleyseptic.comstanleyseptic.com

Contact NCOWCICBContact NCOWCICB

• Connie Stephens, Exec. Dir.Connie Stephens, Exec. Dir.• 336.202.3126 Telephone336.202.3126 Telephone• 866.651.8102 Fax866.651.8102 Fax• Pepelaapew1@earthlink.netPepelaapew1@earthlink.net• www.ncowcicb.infowww.ncowcicb.info

Questions?Questions?