Existing regulation 18-VAC160-20 enforced by the Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Board (WWWOOSSP) should be repealed.  In it's current form, the regulation fails to protect the interests of the citizenry with consideration for improvements to real property.  As such, recommendations should be delivered to the General Assembly and Governor McAuliffe to:

• Remove Onsite Soil Evaluators from the Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Board, and
• Seat Onsite Soil Evaluators to The Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects(APELSCIDLA)

Justification:

Onsite soil evaluators are currently responsible for designing improvements to real property throughout    the Commonwealth via an exemption from the Code of Virginia(54.1_402A11) to be licensed as a professional engineer. Confusion exists between the design authority and regulatory oversight while practicing under the current statutory framework.

 Personal decisions to choose a profession are a fundamental right protected by the Constitution.  While enjoying these rights, the Commonwealth has a responsibility to "promote the free market system in the economy of this Commonwealth by prohibiting restraints of trade and monopolistic practices that act or tend to act to decrease competition." (§ 59.1-9.2 Code of Virginia)

 As a result of the ineffective oversight, one organization has exploited what appears to be a monopoly of professional design services in the Commonwealth.  Was this done by design or unintended consequence?

 

Can the APELSCIDA Board restrain activities associated with the WWWOOSP license?

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• Remove the Conventional Onsite Soil Evaluator License.  This license is confusing to citizens and lacks functionality where as, owner who have difficult soils may not understand they needed someone with a higher license class prior to securing services.  This creates undue burden on citizens and costly time delays.

As for entry into the marketplace, similar use of the engineer in training with direct supervision reflects more closely to "how" persons progress, prepare for qualifying               experience, and then become licensed to design under one's own license. 

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• Remove Onsite Installers from the Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Board, and
• Seat Onsite Installers to The Board for Contractors where contracting activities are presently regulated, and

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• Department of Planning and Budget should re-convene the small business impact assessment.  Did Planning and Budget consider the correct opportunity cost during it's review?  Under current regulation, a market participant exercising Bainian market power was able to restrain all competitive interests in the profession; while relying on a significant governmental subsidy. 

Was the subsidy accounted for in prior deliberations by Planning and Budget?

Yours Truly,

James B Slusser, AOSE