Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals
 
chapter
Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations [18 VAC 160 ‑ 20]
Action Amend regulations to license onsite sewage system professionals.
Stage Proposed
Comment Period Ended on 3/6/2009
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1/18/09  8:11 pm
Commenter: VDH Employee

Require use of seal
 

The Board, in consultation with the Board of Health, shall adopt regulations for the licensure of (i) onsite soil evaluators; (ii) installers of alternative onsite sewage systems, as defined in § 32.1-163; and (iii) operators of alternative onsite sewage systems, as defined in § 32.1-163. Such regulations shall include requirements for (a) minimum education and training, including approved training courses; (b) relevant work experience; (c) demonstrated knowledge and skill; (d) application fees to cover the costs of the program, renewal fees, and schedules; (e) the division of onsite soil evaluators into classes, one of which shall be restricted to the design of conventional onsite sewage systems; and (f) other criteria the Board deems necessary.

DPOR and the board have authority by virtue of section (f) in the Code of Virginia to develop other criteria deemed necessary.  Onsite Soil Evaluators (OSEs) are qualified to design certain conventional and alternative sewage systems.  As required by others who design (e.g., Engineers, Architects, surveyors), the board should include regulations that require OSEs to seal their work and include minimum standards and procedures (just as DPOR requires of surveyors in 18VAC10-20-380 et. sequence.  DPOR and the board should not expect other state agencies to regulate the practice of its regulants.  Instead, DPOR should fully regulate its regulants and include minimum standards and procedures, just as it does in other areas.  By just regulating the entry into the profession, DPOR ties its hands with finding fault with its regulants.  Its only means of enforcement will depend on other state agencies developing rules for minimum standards and procedures.  If the other state agencies do not regulate the practice, then DPOR will have nothing to act on if a regulant does not perform as one would expect.

 I recommend that you copy the rules from what is required of engineers, surveyors, architects, and others who design and must sea their work.  By requiring a regulant to seal his or her work, then the standards are elevated for the profession:

A. The application of a professional seal shall indicate that the professional has exercised direct

control and personal supervision over the work to which it is affixed. Therefore, no

professional shall affix a name, seal or certification to a plat, design, specification or other

work constituting the practice of the professions regulated which has been prepared by an

unlicensed or uncertified person unless such work was performed under the direct control and

personal supervision of the professional while said unlicensed or uncertified person was an

employee of the same firm as the professional or was under written contract to the same firm

that employs the professional. If the original professional of record is no longer employed by

the regulant or is otherwise unable to seal completed professional work, such work may be

sealed by another professional, but only after a thorough review of the work by the

professional affixing the professional seal to verify that the work has been accomplished to the

same extent that would have been exercised if the work had been done under the direct control

and personal supervision of the professional affixing the professional seal.

B. An appropriately licensed or certified professional shall apply a seal to final and complete

original cover sheets of plans, drawings, plats, technical reports and specifications and to each

original sheet of plans, drawings or plats, prepared by the professional or someone under his

direct control and personal supervision.

1. All seal imprints on the cover or first sheet of final documents shall bear an original

signature and date. “Final Documents” are completed documents or copies submitted

on a client’s behalf for approval by authorities or recordation. In such cases, the cover

sheet of the documents or copies shall contain a list of drawings or plats included in

the set on which a seal, original signature and date shall be affixed for all regulated

disciplines. Every page of the submission, other than the cover, may be reproduced

from originals which contain the seal, original signature and date by each discipline

responsible for the work.

a. An electronic seal, signature and date are permitted to be used in lieu of an

original seal, signature and date when the following criteria, and all other

requirements of this section, are met:

1. It is a unique identification of the professional;

2. It is verifiable; and

3. It is under the professional’s direct control.

b. A professional should not seal original documents made of mylar, linen, sepia,

or other materials, or which are transmitted electronically, which can be

changed by the person or entity with whom the documents are filed, unless the

professional accompanies such documents with a signed and sealed letter

making the recipient of such documents aware that copies of the original

documents as designed by the professional have been retained by the

professional and that the professional cannot assume responsibility for any

subsequent changes to the reproducible original documents, which are not

made by the professional or those working under his direct control and

personal supervision.

2. Incomplete plans, documents and sketches, whether advance or preliminary copies,

shall be so identified on the plan, document or sketch and need not be sealed, signed or

dated.

3. All plans, drawings or plats prepared by the professional shall bear the professional’s

name or firm name, address and project name.

4. The seal of each professional responsible for each profession shall be used and shall be

on each document that was prepared under the professional’s direction and for which

that professional is responsible. If one of the exemptions found in § 54.1-402 of the

Code of Virginia, as amended, is applicable, a professional licensed or certified by this

board shall nevertheless apply his seal to the exempt work.

5. Application of the seal and signature indicates acceptance of responsibility for work

shown thereon.

6. The seal shall conform in detail and size to the design illustrated below and shall be

two inches in diameter. The designs below may not be shown to scale:

* The number referred to is the last six-digit number as shown on the license or certificate.

The number is permanent. Leading zeros contained in the six-digit number may be omitted

from the seal.

 

18 VAC 10-20-760. Use of seal.

CommentID: 6718