| Action | Amend regulations to license onsite sewage system professionals. |
| Stage | Proposed |
| Comment Period | Ended on 3/6/2009 |
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As a VDH employee, I receive complaints from owners who say that the installer or system designer did not do something. I can foresee these types of complaints for operators. Just as the Board for Contractors requires regulants to provide clients with written contracts, I believe these proposed regulations should require written contracts for Onsite Soil Evaluators, Installers, and Operators. Without a requirement for written contracts, DPOR will receive complaints about improper work or non-responsiveness of the regulant and only base decisions on verbal statements made after-the-fact. By requiring a written contract, DPOR will have better ability to ascertain whether a complaint is valid. I recommend that regulations be added similar to what the contractor's board requires:
Add a section that prohibits a regulant from performing work without a written contract (see 18 VAC 50-22-260:
A written contract must include the following minimum requirements:
13. Failing to respond to an investigator or providing false, misleading or incomplete information to an investigator seeking information in the investigation of a complaint filed with the board against the contractor. 14. Abandonment (defined as the unjustified cessation of work under the contract for a period of 30 days or more). 15. The intentional and unjustified failure to complete work contracted for and/or to comply with the terms in the contract. 16. The retention or misapplication of funds paid, for which work is either not performed or performed only in part. 17. Making any misrepresentation or making a false promise that might influence, persuade, or induce. 18. Assisting another to violate any provision of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia, or this chapter; or combining or conspiring with or acting as agent, partner, or associate for another. 19. Allowing a firm's license to be used by another. 20. Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business. 21. Action by the firm, responsible management as defined in this chapter, designated employee or qualified individual to offer, give, or promise anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent, in the performance of his duties, any federal, state, or local law, regulation, or ordinance governing the industry. 22. Where the firm, responsible management as defined in this chapter, designated employee or qualified individual has been convicted or found guilty, after initial licensure, regardless of adjudication, in any jurisdiction, of any felony or of any misdemeanor, there being no appeal pending therefrom or the time of appeal having lapsed. Any plea of guilty or nolo contendere shall be considered a conviction for the purposes of this subdivision. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. 23. Failure to inform the board in writing, within 30 days, that the firm, a member of responsible management as defined in this chapter, its designated employee, or its qualified individual has pleaded guilty or nolo contendere or was convicted and found guilty of any felony or of a Class 1 misdemeanor or any misdemeanor conviction for activities carried out while engaged in the practice of contracting. 24. Having been disciplined by any county, city, town, or any state or federal governing body including action by the Virginia Department of Health, which action shall be reviewed by the board before it takes any disciplinary action of its own. 25. Failure to abate a violation of the Virginia Department of Health or the Department of Environmental Quality, as amended. 26. Failure of a contractor to comply with the notification requirements of the Virginia Underground Utility Prevention Act, Chapter 10.3 (§ 56-265.14 et seq.) of Title 56 of the Code of Virginia (Miss Utility). 27. Practicing in a classification, specialty service, or class of license for which the regulant is not licensed. 28. Failure to satisfy any judgments. 29. Contracting with an unlicensed or improperly licensed person in the delivery of services. 30. Failure to honor the terms and conditions of a warranty. 31. Failure to obtain written change orders, which are signed by both the consumer and the licensee or his agent, to an already existing contract. 32. Failure to ensure that supervision, as defined in this chapter, is provided to all Helpers and laborers assisting licensees.
a. When work is to begin and the estimated completion date;
b. A statement of the total cost of the contract and the amounts and schedule for progress payments including a specific statement on the amount of the down payment;
c. A listing of specified materials and work to be performed, which is specifically requested by the consumer;
d. A "plain-language" exculpatory clause concerning events beyond the control of the contractor and a statement explaining that delays caused by such events do not constitute abandonment and are not included in calculating time frames for payment or performance;
e. A statement of assurance that the contractor will comply with all local requirements for building permits, inspections, and zoning;
f. Disclosure of the cancellation rights of the parties;
g. For contracts resulting from a door-to-door solicitation, a signedacknowledgment by the consumer that he has been provided with and read the Department of Professional and Occupational Regulation statement of protection available to him through the Board for Waterworks Wastewater Works, Onsite Soil Evaluators....;
h. Regulant's name, address, license number, class of license, and classifications or specialty services; and
i. Statement providing that any modification to the contract, which changes the cost, materials, work to be performed, or estimated completion date, must be in writing and signed by all parties.
10. Failure to make prompt delivery to the consumer before commencement of work of a fully executed copy of the contract as described in subdivisions 8 and 9 of this subsection for construction or contracting work.
11. Failure of the contractor to maintain for a period of five years from the date of contract a complete and legible copy of all documents relating to that contract, including, but not limited to, the contract and any addenda or change orders.
12. Refusing or failing, upon request, to produce to the board, or any of its agents,any document, book, record, or copy of it in the licensee's possession concerning a transaction covered by this chapter or for which the licensee is required to maintain records.
Failure of all those who engage in routine maintenance or service contracts, design treatment works, or evaluate site and soil properties to make use of a legible written contract clearly specifying the terms and conditions of the work to be performed.