A.    General Requirements.

1.      Persons shall obtain Health Officer approval, and the appropriate certification pursuant to the requirements of this section, prior to providing service to, or on, or construction, repair , or modification of, an onsite sewage system, except for:

a)      The employees of Health Officer-certified individuals who are under the direct supervision of the certified individual; or

b)      The resident-owner of a single-family residence making minor repairs to the onsite sewage system connected to the residence as allowed under Section 14 of these regulations; or

c)      Persons licensed by the state as an onsite sewage system designer or engineer when operating under the terms and conditions of their license.

2.      It shall be unlawful for any person to engage in the business of onsite sewage system design , installation , modification , monitoring and maintaining, pumping, or other activities related to onsite sewage systems without possessing a valid certification or license, except as authorized under these regulations.

3.      Certifications granted pursuant to these regulations are not assignable.

4.      Certifications are valid for up to one year, and must be renewed annually as directed by the Health Officer .

5.      Certifications are a privilege granted by the Health Officer to competent, capable, and qualified individuals, and certification may be suspended, rescinded, withdrawn, or not reissued by the Health Officer in accordance with Section 17.F. of these regulations.

6.      The Health Officer may refuse to accept applications from state licensed designers or engineers for just cause, such as a documented history of poor performance or failure to meet state guidelines for licensure.

7.      The Health Officer shall not accept applications from state licensed designers or engineers who are not in good standing with their licensing requirements.

8.      As a condition of conducting onsite sewage system work in Kitsap County under their respective certification or licensing, onsite sewage system contractors shall :

a)      Conform and adhere to the terms and conditions of their certification or licensing;

b)      Conform and adhere to applicable rules and regulations;

c)      Conduct their business in good faith;

d)     Complete work that they have committed to in a reasonable and timely manner; and

e)      Be reasonably responsive to client and Health Officer inquiries or requests regarding work conducted under their certification or licensing.

B.      Certification Requirements for Installers.

1.      New Certification .  In order to obtain Health Officer-approval and certification , a person shall meet the following requirements:

a)      Be Eligible to Take the Certification Test. In order to be eligible to take the certification test, a person shall demonstrate completion of the following to the Health Officer :

(1)   Attend and complete at least 40 hours of onsite sewage system -related training from a Health Officer-approved entity; and

(2)   Complete at least one year of onsite sewage system installation work experience under the supervision and direction of a Health Officer certified Installer , and provide documentation of this work experience. The Health Officer may , at their discretion, accept work experience completed in another county in Washington State , or grant reciprocity for an installer certification earned in another county in Washington State , upon submittal of documentation and references.

b)      Submit Application and Fees. After meeting the eligibility requirements contained in Section 17.B.1.a), a person shall complete and submit a Certification Application with applicable fees to the Health Officer .

c)      Testing. Upon review and acceptance of a Certification Application, the Health Officer shall notify the prospective applicant of the date and time of certification testing, or refer the applicant to an accepted testing organization. The prospective applicant shall complete and obtain a passing score of 70% or higher on certification test prior to being considered for certification by the Health Officer .

d)     Bonding.

(1)   Prior to issuance of certification by the Health Officer, prospective applicants must obtain and submit to the Health Officer proof a valid surety bond running to the Kitsap County Board of Health in the sum of at least $6,000, or an amount as required by the Washington State Department of Labor and Industry. The bond shall be executed by a surety company duly authorized to act as a surety business in the State ofWashington guaranteeing the faithful compliance with all rules, regulations, and ordinances relating to onsite sewage systems.

(2)   Any person who may be damaged by the failure of the Health Officer certified contractor to comply with all applicable rules, regulations, and ordinances shall , in addition to other legal remedies, have the right of action in his own name for damages not exceeding the face value of the bond. The bond shall also be conditioned by the total liability of the surety there under for all causes of action arising during the period for which the bond has been issued. Said liability shall not exceed the sum of $6,000.

(3)   The bond shall cover a 2-year period beyond any expiration of the certification .

e)      Insurance. General Liability Insurance coverage shall also be obtained by the prospective applicant prior to Health Officer consideration for certification , and submitted to the Health Officer . Insurance coverage shall be at least in the amount of $50,000 property damage policy and $200,000 public liability policy, or $250,000 combined single limit policy, or as required by the Washington State Department of Labor and Industry. A copy of the certificate of insurance shall be attached to the bond and shall include the Health District as an additional named insured party and/or certificate holder.

f)       State Contractors License. A Washington State contractors license shall be obtained, and proof of such submitted to the Health Officer , prior to certification issuance.

g)      Equipment Requirements. Possess or have access to equipment and tools necessary to enable construction of onsite sewage systems in accordance with these regulations.

h)     Probation. Once the requirements for certification have been met, and certification is granted by the Health Officer, the first year of certification shall be a probation period for the Health Officer to ascertain fitness of the applicant for final certification . Based upon performance history and material fact during the probation period, the Health Officer may /may not grant final certification . Fitness of the applicant shall be evaluated by the Health Officer based on the following:

(1)   Demonstrated competency of onsite sewage system rules, regulations, and ordinances;

(2)   Demonstrated sound and fair business practices; and

(3)   Demonstrated ability to effectively communicate and coordinate with the Health Officer and the public.

i)        Continuing Education Requirements. As a requirement of Health Officer certification , persons shall attend and obtain continuing education credits in the field on onsite sewage systems (or other related fields as pre-approved by the Health Officer ) on an annual basis. One unit, or ten contact hours, of valid continuing education training are required per certification year.

2.      Certification Renewal.

a)      Certifications issued by the Health Officer shall be valid for a maximum of one year, and shall expire on June 30th of each year.

b)      To renew certification , the applicant shall complete and submit a certification renewal application, with applicable fee, to the Health Officer within the designated time period. Applications not postmarked or received by the Health Officer prior to the deadline shall be subject to a late-comers fee pursuant to the current fee schedule, or may be classified as void and rejected by the Health Officer . The renewal application shall include:

(1)   Proof of sufficient continuing education units (minimum 1.0 units per year);

(2)   Proof of valid bonding and insurance; and

(3)   Proof of valid contractor’s license.

c)      As part of the certification renewal process, the Health Officer may conduct a performance review.

d)     Certifications granted by the Health Officer are not guaranteed and may not be renewed if the contractor is not in good standing with the terms and conditions of their certification .

3.      Certification Warranty for Work.

a)      As a condition of certification , Health Officer approved Installers shall guarantee the integrity and functionality of all onsite sewage systems that they install for a period of 2 years from the date of Installation Permit approval, or the initial use of the system, whichever is longer.

b)      This warranty is not intended to cover onsite sewage system malfunctions due to owner abuse, or misuse, or individual system components or proprietary devices that are warranted by the manufacturer or distributor.

c)      This warranty provision shall be initiated and enforced by the owner of the property where the onsite sewage system is located and permitted to be. The warranty shall not be limited to the privities between the designer and the original developer or property owner .

C.     Certification Requirements for Monitoring and Maintenance Service Providers.

1.      New Certification .  In order to obtain Health Officer-approval and certification , a person shall meet the following requirements:

a)      Be Eligible to Take the Certification Test. In order to be eligible to take the certification test, a person shall :

(1)   Attend and complete at least 40 hours of onsite sewage system -related training from a Health Officer-approved entity; and

(2)   Complete at least one year of onsite sewage system monitoring and maintenance service work experience under the supervision and direction of a Health Officer certified Monitoring and Maintenance Service Provider, and provide documentation of this work experience. The Health Officer may , at their discretion, accept work experience completed in another county in Washington State , or grant reciprocity for a monitoring and maintenance certification earned in another county in Washington State , upon submittal of documentation and references.

b)      Submit Application and Fees. After meeting the eligibility requirements contained in Section 17.C.1.a), a person shall complete and submit a Certification Application with applicable fees to the Health Officer .

c)      Testing. Upon review and acceptance of a Certification Application, the Health Officer shall notify the prospective applicant of the date and time of certification testing, or refer the applicant to an accepted testing organization. The prospective applicant shall complete and obtain a passing score of 70% or higher on certification test prior to being considered for certification by the Health Officer .

d)     Bonding.

(1)   Prior to issuance of certification by the Health Officer, prospective applicants must obtain and submit to the Health Officer proof a valid surety bond running to the Kitsap County Board of Health in the sum of at least $6,000, or an amount as required by the Washington State Department of Labor and Industry. The bond shall be executed by a surety company duly authorized to act as a surety business in the State of Washington guaranteeing the faithful compliance with all rules, regulations, and ordinances relating to onsite sewage systems.

(2)   Any person who may be damaged by the failure of the Health Officer certified contractor to comply with all applicable rules, regulations, and ordinances shall , in addition to other legal remedies, have the right of action in his own name for damages not exceeding the face value of the bond. The bond shall also be conditioned by the total liability of the surety therein for all causes of action arising during the period for which the bond has been issued. Said liability shall not exceed the sum of $6,000.

(3)   The bond shall cover a 2-year period beyond any expiration of the certification .

e)      Insurance. Commercial General Liability Insurance coverage shall also be obtained by the prospective applicant prior to Health Officer consideration for certification , and submitted to the Health Officer . Insurance coverage shall be at least in the amount of $50,000 property damage policy and $200,000 public liability policy, or $250,000 combined single limit policy, or as required by the Washington State Department of Labor and Industry. A copy of the certificate of insurance shall be attached to the bond and shall include the Health District as an additional named insured party and/or certificate holder.

f)       State Contractors License. A Washington State contractors license shall be obtained, and proof of such submitted to the Health Officer , prior to certification issuance.

g)      Equipment Requirements. Possess or have access to equipment and tools necessary to enable the monitoring and maintenance of onsite sewage systems in accordance with these regulations.

h)     Probation. Once the requirements for certification have been met, and certification is granted by the Health Officer, the first year of certification shall be a probation period for the Health Officer to ascertain fitness of the applicant for final certification . Based upon performance history and material fact during the probation period, the Health Officer may /may not grant final certification . Fitness of the applicant shall be evaluated by the Health Officer based on the following:

(1)   Demonstrated competency of onsite sewage system rules, regulations, and ordinances;

(2)   Demonstrated sound and fair business practices; and

(3)   Demonstrated ability to effectively communicate and coordinate with the Health Officer and the public.

i)        Continuing Education Requirements. As a requirement of Health Officer certification , persons shall attend and obtain continuing education credits in the field on onsite sewage systems (or other related fields as pre-approved by the Health Officer ) on an annual basis. One unit, or ten contact hours, of valid continuing education training are required per certification year.

2.      Certification Renewal.

a)      Certifications issued by the Health Officer shall be valid for a maximum of one year, and shall expire June 30th of each year.

b)      To renew certification , the applicant shall complete and submit a certification renewal application, with applicable fee, to the Health Officer within the designated time period. Applications not postmarked or received by the Health Officer prior to the deadline shall be subject to a late-comers fee pursuant to the current fee schedule, or may be classified as void and rejected by the Health Officer . The renewal application shall include:

(1)