Action | Amend Definitions of Supervision, SDS Experience and Document Requirements for Installers |
Stage | Fast-Track |
Comment Period | Ended on 11/7/2012 |
I humbly wanted to make you aware of an apparent statutory conflict in the text of this document. Specifically I refer to the phrase "an authorized VDH employee" that appears in the last line of section C3A.
This phrase references the apparent subject of the sentence which is "professional engineer, onsite soil evaluator, and VDH inspection reports and completion statement". The case is made that these forms must be certified by the appropriate licensed regulant, I.e OSE forms by an OSE, P.E. forms by a P.E. and VDH forms by an authorized VDH employee. VDH may not create an inspection form or designate a work product that is outside the scope of the practice or duties of an OSE. Hence any inspection conducted by VDH must be signed by an OSE or a supervisory OSE overseeing the work of a non-licensed OSE or by a P.E..
I believe that this must be changed before it becomes law as it is in diametric opposition to the existing Code of Virginia and the rest of the Virginia Administrative Code that deals with our occupation and trade.
Correcting this statutory conflict will in no way affect the ability of Contractors to be licensed. It will simply insure that the documentation that is used to justify their licensure, when obtained from VDH was generated in accordance with the Code of Virginia, the Virginia Administrative Code and the AOSE regulations.
Tony Bible