Requirements for On-Site Wastewater Treatment System Inspectors/Evaluators

PURPOSE: This rule establishes criteria for inclusion on the lists of those individuals licensed to inspect or evaluate on-site wastewater treatment systems for the purposes of real estate transactions. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Applicability. The requirements and procedures included in this rule apply to individuals qualified to perform inspections and/or evaluations of existing on-site wastewater treatment systems upon a request from a lending institution, a prospective purchaser, the owner of the property, a real estate agent, or a real estate broker. (2) Definitions. (A) “Administrative authority” shall mean the department or local public health agencies, planning and zoning commissions, county building departments, county public works departments, sewer districts, and/or municipalities that have authority to govern on-site wastewater treatment systems. (B) “Department” shall mean the Missouri Department of Health and Senior Services. (C) “Lending institution” shall mean a bank, savings and loan association, credit union, consumer credit lender, mortgage banker, or any other association or institution, which makes real estate loans. (D) “Licensed individual” shall mean any person, including staff of local administrative authorities, licensed by the department, to inspect or evaluate an existing on-site wastewater treatment system for the purposes of a real estate transaction. (E) “On-site wastewater treatment system (OWTS)” shall mean any system handling, or treatment facility receiving, domestic sewage which discharges three thousand (3,000) gallons per day or less into a subsurface soil absorption system or a single-family residence lagoon. (F) “Property owner” shall mean the person with the legal right to possession of real estate. (G) “Requesting party” shall mean a lending institution, a prospective purchaser, the property owner, a real estate agent, or a real estate broker who requests an inspection or evaluation of an OWTS serving a property that is the subject of a real estate transaction. (3) An individual must be licensed with the department to inspect or evaluate an existing OWTS upon the request from a lending institution, which is providing either a government loan or conventional loan, or from another requesting party in connection with a real estate transaction. If the inspection or evaluation determines that the OWTS does not meet department standards, any new construction, major modification, or major repair must be conducted according to the standards set forth in sections 701.025 through 701.059, RSMo, and any rules promulgated thereunder or applicable local OWTS ordinance. (4) As deemed necessary by the department, an inspection or evaluation of an OWTS will include a microbiological test and other examination(s) of the private water supply intended for potable use serving the same property as the OWTS. In addition, the inspection or evaluation will include an inspection of any visible portion of the water supply construction, from the source to the storage vessel, and may include review of the well drilling reports. (5) If it is necessary to enter any adjoining property in the course of an inspection or evaluation to properly make a determination regarding the OWTS inspection/evaluation, a licensed individual shall notify the owner of the adjoining property and obtain permission before entry is made. (6) An individual must be licensed with the department to perform inspections and evaluations of existing OWTS for the purposes of a real estate transaction. To be licensed with the department, an individual shall: (A) Complete a basic installer training course conducted by or approved by the department with a score of seventy percent (70%) or higher; (B) Complete a licensed inspector training course conducted by or approved by the department with a score of seventy percent (70%) or higher; and (C) Complete the department’s licensing process described in section (7) of this rule. (7) Department’s Licensing Process. (A) The license shall be issued to only one (1) individual person and not to a company, firm, association, or other group. The license is not transferable. (B) To obtain a license from the department, an individual must submit a completed application packet to the department for approval. Completed application packets shall be mailed to the Missouri Department of Health and Senior Services, Attention: Fee Receipts, PO Box 570, Jefferson City, MO 65102-0570. (C) The application packet shall include the following: 1. The completed application form, Mo Form #1 (6-08), Application for Licensure, is incorporated by reference in this rule and is available on the Internet at www.dhss.mo.gov/Onsite or by contacting the department at PO Box 570, Jefferson City, MO 65102-0570, (573) 751-6095. This rule does not incorporate any subsequent amendments or additions; 2. Documentation of the successful completion of both the basic installers training course and licensed inspector training course; and 3. A check or money order made payable to the Missouri Department of Health and Senior Services for the nonrefundableprocessing fee of ninety dollars ($90). The processing fee may be waived for the staff of a local administrative authority that has enacted local ordinances, which include requirements for inspections of existing OWTS that are at least equal to department standards. (8) Department’s Renewal Licensing Process. An individual’s license with the department shall expire thirty-six (36) months from the month of issuance unless the license has been revoked or surrendered. (A) To renew their license with the department, an individual must submit a renewal application packet to the department for approval. Completed application packets shall be mailed to the Missouri Department of Health and Senior Services, Attention: Fee Receipts, PO Box 570, Jefferson City, MO 65102-0570. (B) The renewal application packet shall include: 1. The completed application form, Mo Form #2 (6-08), Application for Licensure Renewal, is incorporated by reference in this rule and is available on the Internet at www.dhss.mo.gov/Onsite or by contacting AND SENIOR SERVICES Public Health the department at PO Box 570, Jefferson City, MO 65102-0570, (573) 751-6095. This rule does not incorporate any subsequent amendments or additions; 2. A check or money order made payable to the Missouri Department of Health and Senior Services for the nonrefundableprocessing fee of ninety dollars ($90). The processing fee may be waived for the staff of a local administrative authority that has enacted local ordinances, which include requirements for inspections of existing OWTS that are at least equal to department standards; and 3. Documentation of the applicant’s successful completion, within the previous thirty-six (36) months of the following minimum continuing education: A. For individuals who are renewing their license for the first time, at least twenty (20) hours of department-approved continuing education units of which at least eight (8) continuing education units shall meet select department criteria; or B. For individuals who are renewing their license for the second or subsequent time, at least twelve (12) hours of department-approved continuing education units of which at least eight (8) continuing education units shall meet select department criteria. (C) Individuals submitting a renewal application more than fifteen (15) calendar days after the previous license expires shall pay a late charge of ten dollars ($10) in addition to the ninety-dollar ($90) processing fee. (D) License renewal applications will not be accepted if received by the department more than forty-five (45) calendar days after the previous license expires. Individuals submitting license renewal applications more than forty-five (45) calendar days after the expiration of their license will be required to complete the initial licensing process, including any department training requirements for an initial license. (9) A fifteen-dollar ($15) processing fee will be assessed for duplicate and/or replacement license identification cards. (10) Standards of Practice for Licensed Individuals. (A) A licensed individual shall: 1. Possess a current license with the department before conducting any inspection or evaluation of an OWTS; 2. Inspect or evaluate only those OWTS for which requests have been made for the purposes of real estate transactions. Investigations of complaints or alleged violations of Chapter 701, RSMo, may only be made by the department or a local administrative authority; 3. As part of an OWTS inspection or evaluation, collect a water sample from a private water supply for microbiological testing and inspect any visible portion of the water supply construction, from the source to the storage vessel; 4. Record their license number on all bids, proposals, contracts, invoices, inspection reports, evaluation reports, and other correspondence with the requesting party or the department; 5. Apply department standards for all inspections and evaluations of OWTS using the correct procedures and forms to complete the inspection or the evaluation. Combining inspection and evaluation procedures or forms is not acceptable; 6. Document inspections and evaluations accurately in writing on departmentapproved forms; 7. Clearly state any defect(s), if the OWTS is found to be malfunctioning or otherwise not meeting department standards; 8. Retain one (1) copy of the completed documentation of the inspection or evaluation for at least three (3) years and submit a copy to the department, the local administrative authority, if applicable, the requesting party, and the property owner; 9. Submit completed inspection/evaluation reports to the department within thirty (30) calendar days of completion, including water sample results if applicable; and 10. Notify the property owner that he/she is not obligated to contract for repair or re-inspection services with the initial licensed individual if the OWTS has been found to be malfunctioning or otherwise not meeting department standards. However, this paragraph does not preclude the licensed individual from offering these services to the owner. (11) The department may audit the work of a licensed individual at any time to determine whether the standards of practice, as defined by this rule, are being met. Failure to adhere to department standards may be cause for placement on probation, suspension, or revocation of the license, or for mandatory successful completion of a training course and/or testing as described in section (6) of this rule. The audit may be an unannounced visit to the property inspected or evaluated, or a visit during an inspection or evaluation with or without prior appointment with the licensed individual. (12) A licensed individual may have his/her license placed on probation, suspended, or revoked if the individual: (A) Fails an audit or refuses to participate in an audit; (B) Fails to submit reports, submits false reports, or allows another individual to use his/her license; (C) Is convicted of a violation of any provisions of sections 701.025 through 701.059, RSMo, or any rules promulgated under these statutes; (D) Has pled guilty or has been found guilty of an infraction, misdemeanor, or felony involving misrepresentation, fraud, or other crime relating to activities of inspecting, evaluating, installing, repairing, or otherwise associated with an OWTS; (E) Directs or allows an unlicensed individual to conduct any part of an inspection or evaluation of an OWTS; or (F) Fails to comply with the standards of practice established in this rule. (13) The suspension or revocation of an individual’s license shall be served in writing by certified mail or personal service to the affected individual or his/her representative. The decision of the department may be appealed to the Administrative Hearing Commission as provided in Chapters 536 and 621, RSMo. (14) Any individual whose license has been revoked may not reapply for a license for at least one (1) year from date of revocation, must complete the department’s training requirements for licensure described in section (6) of this rule, and complete the department’s licensing process as described in section (7) of this rule. (15) An individual may be permanently barred from reapplying for a license if the individual: (A) Has pled guilty or has been found guilty of an infraction, misdemeanor, or felony involving misrepresentation, fraud, or other crime relating to activities associated with an OWTS; or (B) Has his/her license revoked a second time within five (5) years. (16) No person without a valid license may conduct any part of an inspection or evaluation of an OWTS, whether on his/her own or under supervision of a person with a valid license. Persons conducting inspections or evaluations without the required license, or representing themselves as licensed, are considered in violation of section 701.053, RSMo, which is a class A misdemeanor. AUTHORITY: section 701.033, RSMo Supp. 2008 and sections 701.046 and 701.051, RSMo 2000.* Emergency rule filed April 17, 1995, terminated April 26, 1995. Original rule filed April 17, 1995, effective Dec. 30, 1995. Rescinded and readopted: Filed Oct. 22, 2008, effective May 30, 2009. *Original authority: 701.033, RSMo 1986, amended 1993, 1994, 1995, 2004; 701.046, RSMo 1994; and 701.051, RSMo 1994, amended 1997.