Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-29 - Household Sewage Treatment Systems › Section 3701-29-03 - Registration of installers, service providers, and septage haulers

Current through all regulations passed and filed through July 1, 2024
(A)
								 Except as provided in paragraph (M) of this rule, only
			 persons registered by the board of health as an installer, septage hauler, or
			 service provider shall perform the duties defined in paragraph (FFF), (JJJJ),
			 or (OOOO) of rule
			 3701-29-01 of the
			 Administrative Code, respectively.
(B)
								 Installers,
			 septage haulers, and service providers shall register with the board of health
			 for each category of work prior to performing the duties defined in paragraph
			 (FFF), (JJJJ), or (OOOO) of rule
			 3701-29-01 of the
			 Administrative Code within the board's jurisdiction. A registration shall not
			 be transferable and shall expire at the end of the calendar
			 year.
(C)
								 An application for registration as an installer,
			 septage hauler, or service provider shall be made to the board of health and
			 shall include:
(1)
									 The registration fee established by a board of health
			 in accordance with rule
			 3701-36-14 of
			 the Administrative Code:
(2)
									 Proof of compliance with testing requirements related
			 to the category of registration established by the department of health. If a
			 registration is revoked or suspended in accordance with paragraph (L) of this
			 rule, the board of health may require the registrant to demonstrate compliance
			 with testing requirements before a registration is reinstated or a new
			 registration is issued by the board of health.
(3)
									 Proof of
			 compliance with any system specific training, qualification, or certification
			 required as a condition of a system's approval by the director, or one of the
			 following:
(a)
										
			 Provide proof of status as an Ohio waste hauler association qualified service
			 provider, or proof of certification in the national association of wastewater
			 transporters O&M or inspector programs:
(b)
										 Other
			 certification programs developed and/or authorized by the director;
			 or
(c)
										 Hold a current Class A, I, II, Ill or IV treatment
			 works operator certification from Ohio EPA as authorized under Chapter 3745-7
			 of the Administrative Code.
(4)
									 Proof of no less
			 than five hundred thousand dollars general liability insurance coverage. In the
			 case of dual or multiple registrations as an installer, septage hauler, and/or
			 service provider, the required general liability insurance shall apply to
			 multiple registration categories.
(5)
									 Beginning with
			 the registration year starting on January 1, 2016, proof of completion of at
			 least six continuing education hours during the previous calendar year through
			 educational programs approved by the department of health or demonstration of
			 competency obtained through one of the following mechanisms:
(a)
										 Installers may
			 provide proof of status as a certified installer of onsite wastewater treatment
			 systems through the national environmental health association;
(b)
										 Septage haulers
			 may provide proof of status as a vacuum truck technician through the national
			 association of wastewater transporters;
(c)
										 Service
			 providers may provide proof of status as an Ohio waste hauler association
			 qualified service provider, or proof of certification in the national
			 association of wastewater transporters O&M or inspector programs;
			 or
(d)Other continuing education programs as authorized by the
			 director.
Registrants shall provide proof of
				compliance with this paragraph at the time of registration renewal. In the case
				of dual or multiple registrations as an installer, septage hauler, and/or
				service provider, required continuing education hours may apply to multiple
				registration categories as approved by the department of health.
(6)
									 Proof of a surety bond or other financial assurance
			 options approved by the director of health which provides statewide coverage
			 for all work performed on a STS in any local health district in the state of
			 Ohio, on a form provided by the director of health.
(a)
										 The surety bond
			 or financial assurance shall establish a contractual relationship between the
			 principal and the surety or guarantor, and shall be executed by the applicant
			 as principal and a surety company authorized to do business in the state as
			 surety or the guarantor.
(b)
										 The surety bond or financial assistance shall be for
			 the benefit of any aggrieved party for damages incurred as a result of a
			 violation of this chapter. For purposes of this rule, aggrieved party means
			 system owner or the agent of the system owner where the system owner has
			 contracted with an installer, service provider or septage hauler and whose STS
			 is not installed, altered, serviced, maintained or abandoned in compliance with
			 the provisions of this chapter.
(c)
										 The surety bond
			 or financial assistance shall be issued to provide insurance coverage for the
			 calendar year of the registration application for any work performed in all
			 local health districts in Ohio. The surety bond shall provide that the
			 aggregate liability of the surety for any and all breaches of the conditions of
			 the bond shall in no event exceed the penal sum of the bond for each calendar
			 year for which the bond is issued. The financial assurance shall provide that
			 the aggregate liability of the financial assurance for any and all breaches of
			 the conditions of the financial assurance shall in no event exceed the penal
			 sum of the financial assurance for each calendar year for which the financial
			 assurance is issued.
(d)
										 If the surety bond or financial assurance for the
			 registration is canceled, the registrant shall immediately submit to each board
			 of health where a registration has been issued proof of a new surety bond or
			 financial assurance in accordance with the requirements of this rule. The
			 surety company or guarantor of the financial assurance shall give ninety days
			 written notice to the director of health prior to the effective date of
			 cancellation. In the event that a surety bond or financial assurance is
			 canceled and the registrant does not submit proof of a new bond or financial
			 assurance to the board of health, the registration shall be suspended and the
			 registrant shall cease from performing the duties of a registered
			 contractor.
(e)
										 An installer, service provider, and septage hauler
			 shall maintain a separate surety bond or financial assurance in the amount as
			 required in Table 1 for each category of registration. If an installer also
			 registers as a service provider, then the surety bond for the service provider
			 registration shall be reduced to fifteen thousand dollars.
Table 1. Contractor bonding
				requirements
Number of systems
						  annually
Installer
Service
						  Provider
Septage
						  Hauler
HSTS
SFOSTS
HSTS
SFOSTS
HSTS
SFOST
One system
Equal to system
						  cost
$25,000
N/A
$25,000*
$25,000
$25,000
More than one
						  system
$40,000
$25,000*
$25,000
* STS service provider bond
						  requirement reduced to $15,000 for service providers with dual registration as
						  STS installer and STS service provider.
(f)
										 Any person who alleges to be an aggrieved party shall
			 give written notification to the surety or guarantor of the financial
			 assurance, the board of health where the work was performed, and the installer,
			 service provider, or septage hauler as applicable within eighteen months of the
			 date of completion of the work on the STS. The board of health may conduct an
			 investigation as necessary to determine if a violation of this chapter has
			 occurred.
(7)
									 Any forms, permits, plans, service records or other
			 documentation for prior system installation, alteration, service or repairs
			 that have not been submitted to the board of health as
			 required.
(8)
									 Any other information as required by the board of
			 health or department of health.