Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-28 - Private Water Systems › Section 3701-28-18 - Registration and bonding of private water systems contractors

Current through all regulations passed and filed through July 1, 2024
(A)
								As a condition of doing business in this state, private
			 water systems contractors shall annually register with the department and
			 comply with the surety bonding requirements of section
			 3701.344 of the Revised Code and
			 the requirements of this rule.
(1)
									 Only registered contractors may construct, alter,
			 develop, service, repair, install pumping equipment for a private water system,
			 seal private water systems, drill water wells, install pitless adapters,
			 perform service, maintenance or other repairs to private water system treatment
			 systems, or perform inspections, evaluations, or sampling for hire of private
			 water systems.
(2)
									With the exception of paragraph (A)(1) of this rule,
			 registration is not required of:
(a)
										Any person who performs labor or services as an
			 employee under the direct supervision of a registered
			 contractor.
(b)
										Any private water system owner who performs repair,
			 maintenance, or service work which does not require a permit on the private
			 water system serving his dwelling house, or any person who aids the owner with
			 this work without compensation.
(c)
										Persons exempt
			 from registration under this paragraph shall comply with all applicable rules
			 of this chapter.
(3)
									With the
			 exception of drilling a well or property rentals in which they do not reside,
			 owners of a primary or secondary property constructing a hauled water storage
			 tank, spring, or pond, constructing any or all parts of a private water system
			 pumping or distribution system, installing point of entry private water system
			 disinfection or treatment system, altering a private water system, or sealing
			 private water systems for their dwelling house shall obtain a registration to
			 perform work, but are exempt from the bonding and business liability insurance
			 requirements established in paragraph (B) of this rule, and may only perform
			 work on residences they own.
(4)
									Owners of
			 property rentals in which they do not reside, or owners drilling a well for
			 construction or alteration purposes shall obtain a registration to perform
			 work, but are exempt from the business liability insurance requirements
			 established in paragraph (B) of this rule, and may only perform work on
			 residences they own.
(5)
									For purposes of this rule "direct supervision" means
			 that a registered private water systems contractor instructs and controls the
			 person claimed to be supervised, that the person is an employee of the
			 registered private water systems contractor, and that the registered private
			 water systems contractor is responsible for the actions of that person and is
			 reasonably available to that person if and when needed, even though such
			 registered private water systems contractor may not be physically present at
			 the work site.
(6)
									Any person who is performing work on a private water
			 system that is not subject to paragraphs (A)(1) to (A)(5) of this rule, shall
			 immediately cease work on the private water system at the order of the board of
			 health or the department.
(7)
									Subcontractors who perform electrical, welding, or
			 excavation work under contract for a registered private water systems
			 contractor are not required to obtain a registration as a private water systems
			 contractor.
(8)
									A registered sanitarian or sanitarian in training
			 employed by the board of health having jurisdiction where the private water
			 system is, or will be, located and is performing inspections and collecting
			 samples on behalf of the board of health is not required to obtain registration
			 as a private water systems contractor.
(9)
									Additionally,
			 registration as a private water systems contractor is not required for water
			 sample collection without interpretation of the results when performed by one
			 of the following:
(a)
										A person holding a current Class A, I, II, III, or IV
			 public water systems operator certification from the Ohio environmental
			 protection agency (EPA), as authorized under Chapter 3745-7 of the
			 Administrative Code; or
(b)
										A person employed by a laboratory holding a current
			 drinking water laboratory certification from Ohio EPA, as authorized under
			 Chapter 3745-89 of the Administrative Code, or an equivalent national
			 certification for the analysis of drinking water.