Action | Amend regulations to license onsite sewage system professionals. |
Stage | Final |
Comment Period | Ended on 6/24/2009 |
Section 18VAC160-20-140 is amended to include the new professions, including those holding an interimlicense, under the Standards of Practice provisions currently applicable to waterworks and wastewaterworks operators. A new subsection is added to enable the Board to discipline any licensee or interimlicensee who undertakes to perform or performs a professional assignment for which he is not qualified by education or training. After reading section 140, it appears that all licensees could practice engineering or surveying without a license as long as the work was proper and within their education and experience. How will the board discipline non-engineers from practicing engineering if their work is approved by other agencies (i.e., the VDH) and was not "negligent?" I think Section 140 should be expanded to say that no one is allowed to practice engineering, regardless of whether they did the work properly and it was within their education and training unless they are licensed as an engineer. An example might be an employee of a manufacturer who is well trained and educated in the use of that particular manufacturer's device. The employee still designs and inspects a system over 1,000 gpd, which is clearly the practice of engineering. I don't think Section 140 would allow the board to discipline the licensee.