18VAC160-20-97 C.3.a

Regulation of Onsite Sewage System Professionals transferred from VDH to the WWWOOSSP Board on July 1, 2009.  The APELSCIDLA board regulates Professional Engineers.  Pursuant to § 32.1-163.5 C, § 54.1-402 A, § 54.1-402 A.11 , § 54.1-406 A, and § 54.1-2302, an "authorized VDH employee" cannot perform the duties of a licensed Professional Engineer or Onsite Soil Evaluator without a valid license under the current statutory framework.  Inspection Reports and Completion Statements fall within the duties of a PE or OSE.  Therefore, an "authorized VDH employee" has to possess a valid license in order to certify inspection reports and completion statements. To ensure that this proposed text is consistent with § 54.1-201 A.5 and the aforementioned sections of the Code of Virginia, I recommend 18VAC160-20-97 C.3.a be revised as follows:

"...All professional engineer, onsite soil evaluator, and VDH inspection reports and completion statements shall be certified by a licensed alternative onsite soil evaluator or a Virginia licensed professional engineer, as appropriate;"