The following are a series of comments,  proposed deletions and additions to the regulation.  

18VAC160-40-10                                                                                                                          

"Journeyman" means an individual who possesses the minimum skills and competency to assist with the installation or maintenance of onsite sewage systems or assist in the evaluation of soil sites as suitable for conventional and alternative onsite sewage systems and to design conventional onsite sewage systems under the direct supervision of a master licensee. Installers and operators may have a similar view.

"Master" means an individual who possess the minimum skills and competency to install or maintain onsite sewage system or evaluate soil sites as suitable for conventional and alternative onsite sewage systems and to design conventional and alternative onsite sewage systems.

The accepted definition of a professional includes education as a basis with training and experience  secondary. The requirements for both installer and operator as well as certain onsite soil evaluators include no postsecondary educational requirements. Their basis is primarily technical skill and knowledge.  I"m certain that many installers and operators object to these classifications as well regardless of educational requirements.

The onsite soil evaluator with site evaluation and design (engineering) attributes requires the understanding of   soil science, biology, chemistry, engineering, environmental science, geology, agronomy, earth science and environmental health which is more than a skill and/or expericence..

The journey and master categories within the onsite soil evaluator professional category should be eliminated. Also, although required by law, the distinction between conventional and alternative soil evaluators have evolved sufficiently that only a single category of soil evaluators is necessary. There should be no distinction between the ability and experience required to identity soil and sites for either condition. Whether or not design is appropriate for either is another topic. The same LPSS prerequisite should be established for each category with educational and experience requirements for design a requirement for licensing. The distinction between the licensed OSE and  PSS is design. As an LPSS I do not oppose the licensing requirement as required by 18VAC160-40-230 for soil evaluation and design. However I have the education, training and experience requirement to conduct soil evaluations and should not be restricted in the ability to submit evaluations to VDH for certifications or provide soil and site evaluations in conjunction with a PE for system designs.  

18VAC160-40-20

A. Each individual applying for a license may receive credit for up to half of the required experience for:

1. Satisfactory completion of postsecondary courses in soil science, biology, chemistry, engineering, environmental science, geology, agronomy, earth science, or environmental health.wastewater, biology, chemistry, geology, hydraulics, hydrogeology, or soil science at the rate of one month per semester hour or two-thirds of a month per quarter hour; Conflicts with the following: 18VAC160-40-280. Acceptable degree programs and verification procedures.

Part V
Onsite Soil Evaluator

18VAC160-40-230. License required.

A. Notwithstanding the provisions of Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, no individual shall evaluate soils and soil properties for suitability as locations for or and design conventional or alternative onsite sewage systems without possessing a valid license issued by the board.

B. An individual cannot simultaneously hold master and journeyman onsite soil evaluator licenses in the same class. Issuance of a master onsite soil evaluator license in a specific class shall void the journeyman onsite soil evaluator license in the same class.

C. An individual cannot simultaneously hold valid conventional and alternative onsite soil evaluator licenses or conventional and alternative journeyman onsite soil evaluator licenses. Issuance of an alternative master onsite soil evaluator license shall void the conventional onsite soil evaluator license.

D. A journeyman onsite soil evaluator must work under the direct supervision of a master onsite soil evaluator. A master onsite soil evaluator of an equal or greater class is responsible for supervising the provision of onsite soil evaluations and designs by any journeyman onsite soil evaluator under his responsibility.

E. Experience to qualify for licensure cannot be verified by a journeyman onsite soil evaluator.

 18VAC160-40-240. Qualifications for journeyman conventional onsite soil evaluator licenses.

18VAC160-40-250. Qualifications for master conventional onsite soil evaluator licenses.

An applicant for licensure as a master conventional onsite soil evaluator shall furnish acceptable documentation that one of the following qualifications has been met:

	Prerequisites	Exam Required	Education Required	Documented Qualifying Experience
1.	VA LPSS	Yes	Master's or bachelor's degree Isn’t a BS required for an MS? Why both?
2.	No	Yes	Master's or bachelor's degree
3.
4.	delete

18VAC160-40-260

18VAC160-40-260. Qualifications for journeyman alternative onsite soil evaluator licenses.

18VAC160-40-270. Qualifications for master alternative onsite soil evaluator licenses.

An applicant for licensure as a master alternative onsite soil evaluator shall furnish acceptable documentation that one of the following qualifications has been met:

	Prerequisites	Exam Required	Education Required	Documented Qualifying Experience
1.	VA LPSS	Yes	Master's or bachelor's degree
2.	No	Yes	Master's or bachelor's degree
3.
4.
5.

18VAC160- E. A licensee who relies on information in VDH files or has received permission to modify or otherwise utilize the evaluation, design, drawings, or work of another licensee pursuant to subsection D or E of this section may certify that work only after a thorough review of the evaluation, design, drawings or work and after he determines that he is willing to assume full responsibility for all design, drawings, or work on which he relies for his opinion. Certification letters issued by VDH are exempt from this section.

PROPOSED ESSENTIAL ADDITIONS

18VAC160-??

Exceptions.

    The licensing program for onsite soil evaluators shall not be construed to prohibit:

1.The work of any professional engineer or licensed soil scientist as defined in 54.1-400 in        rendering any services that constitute the practice of soil evaluation; or

2. The practice of any profession or occupation that is regulated by anothe regulatory board within the Department.

3. Nothing in this chapter shall authorize an individual to engage in the practice of engineering except for (§ 54.1-401. Exemptions), the practice of land surveying or the practice of landscape architecture, unless such individual is licensed or certified pursuant to Chapter 4 (54.1-400 et. seq.)

18VAC160-???

  Use of seal..

1.Affixing of a professional seal, signature, and date shall indicate that the professional has  exercised direct control and personal supervision over the work to which it is affixed. Affixing of the seal, signature, and date also indicates the professional's acceptance of responsibility for the work shown thereon. etc..

2. All final documents, including original cover sheet of plans, plats, documents, sketches, technical reports, and specifications, and each original sheet of plans, plats, or drawings prepared by the professional, or someone under his direct control and personal supervision, shall be sealed, signed, and dated by the professional. All final documents shall also bear the professional's name or firm name, address, and project name . The original 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 etc.