Text: HSB00705 Text: HSB00707 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 455B.193 PRIVATE SEWAGE DISPOSAL
1 2 SYSTEM CONTRACTOR CERTIFICATION PROGRAM.
1 3 1. As used in this section, unless the context otherwise
1 4 requires:
1 5 a. "Contractor" means a person engaged in the
1 6 construction, maintenance, or reconstruction of private sewage
1 7 disposal systems.
1 8 b. "Council" means the private sewage disposal system
1 9 contractor council established in subsection 3.
1 10 c. "Disposal system services" means new private sewage
1 11 disposal system construction, installation, reconstruction,
1 12 and the maintenance of systems except for the pumping out of
1 13 solids and liquids.
1 14 d. "Examination" means an examination for private sewage
1 15 disposal system contractors which includes, but is not limited
1 16 to, relevant aspects of state water quality and groundwater
1 17 law, private sewage disposal system construction and
1 18 maintenance, and the impact of proper installation and
1 19 maintenance on surface and groundwater in the state.
1 20 e. "Groundwater" means groundwater as defined in section
1 21 455E.2.
1 22 f. "Private sewage disposal system" means a system as
1 23 defined in section 455B.171.
1 24 2. The department shall establish a private sewage
1 25 disposal system contractor certification program which shall
1 26 include all of the following:
1 27 a. Specification of certification requirements, including
1 28 minimum work experience levels, successful completion of an
1 29 examination, and continuing education requirements.
1 30 b. A certified contractor shall be present at the site and
1 31 in direct charge of the services whenever disposal system
1 32 services are provided.
1 33 c. A person shall not act as a contractor as required in
1 34 section 558A.4 on or after January 1, 2002, unless the person
1 35 is certified by the department pursuant to this section.
2 1 d. Violation of the rules regarding private sewage
2 2 disposal system construction, installation, or maintenance are
2 3 grounds for suspension or revocation of certification.
2 4 e. Provisional certification may be obtained by an
2 5 applicant in instances of shortages of certified personnel if
2 6 all of the following conditions are met:
2 7 (1) The applicant provides documentation of at least one
2 8 year of work experience in private sewage disposal system
2 9 services performed under the direct supervision of a certified
2 10 contractor.
2 11 (2) The applicant successfully completes the certification
2 12 examination.
2 13 (3) A certified contractor who employs an applicant for
2 14 contractor certification cosigns the application for
2 15 provisional certification. An employer who cosigns an
2 16 application for provisional certification is jointly liable
2 17 for a violation of the rules regarding construction,
2 18 maintenance, or reconstruction of private sewage disposal
2 19 systems by the provisionally certified contractor and the
2 20 violation is grounds for the suspension or revocation of the
2 21 certification of the certified contractor and the
2 22 provisionally certified contractor.
2 23 f. The department shall develop continuing education
2 24 requirements for certification of a contractor in consultation
2 25 with the council.
2 26 g. The examination shall be developed by the department in
2 27 consultation with the council. The examination shall be
2 28 updated as necessary to reflect current law and private sewage
2 29 disposal system installation, construction, and maintenance
2 30 practices.
2 31 h. The department may provide for contractor
2 32 certifications of more than one year.
2 33 3. A private sewage disposal system contractor council is
2 34 established.
2 35 a. The council shall consist of the following members:
3 1 (1) Two private sewage disposal system contractors
3 2 appointed by the governor and subject to confirmation by the
3 3 senate.
3 4 (2) One citizen member from the Iowa groundwater
3 5 association or it successor, appointed by the governor and
3 6 subject to confirmation by the senate.
3 7 (3) One citizen member from the Iowa environmental health
3 8 association or its successor, appointed by the governor and
3 9 subject to confirmation by the senate.
3 10 (4) The director of public health or the director's
3 11 designee.
3 12 (5) The state geologist or the state geologist's designee.
3 13 (6) The director of the state hygienic laboratory or the
3 14 director's designee.
3 15 b. Citizen members of the council shall serve two-year
3 16 terms beginning and ending as provided in section 69.19. A
3 17 citizen member of the council shall not serve more than two
3 18 consecutive terms. The council shall be gender balanced in
3 19 accordance with section 69.16A. Section 69.16 shall only
3 20 apply to subsection 3, paragraph "a", subparagraphs (1)
3 21 through (3).
3 22 c. The council shall be dissolved six months after
3 23 completion of the following:
3 24 (1) Publication of the consumer information pamphlet.
3 25 (2) Adoption of rules by the commission.
3 26 (3) Administration of the second certification
3 27 examination.
3 28 4. The department shall develop, in consultation with the
3 29 council, a consumer information pamphlet regarding the
3 30 construction, maintenance, and reconstruction of private
3 31 sewage disposal systems and applicable laws. The department
3 32 shall review and revise the consumer information pamphlet as
3 33 necessary. The consumer information pamphlet shall be
3 34 supplied to contractors, at cost, and contractors shall supply
3 35 one copy at no cost to potential customers prior to initiation
4 1 of disposal system services.
4 2 5. The department shall, in consultation with the council,
4 3 establish by rule and collect the following fees to be used to
4 4 implement and administer the provisions of this section:
4 5 a. An annual certification fee to be paid by certified
4 6 contractors. The initial annual certification fee is one
4 7 hundred fifty dollars. The fee may be increased by rule, as
4 8 necessary, to reflect the costs of administration of the
4 9 program.
4 10 b. The department may also charge and collect fees for
4 11 testing, the provision of continuing education, and other fees
4 12 related to and based on the actual costs of the contractor
4 13 certification program.
4 14 6. Rules adopted by the commission shall be developed in
4 15 consultation with the council. If a majority of the council
4 16 does not endorse the rules adopted by the commission, notice
4 17 shall be sent to the administrative rules review committee
4 18 indicating the council's position.
4 19 Sec. 2. Section 558A.4, Code 1999, is amended by adding
4 20 the following new subsections:
4 21 NEW SUBSECTION. 3. In addition to the disclosure
4 22 statement, after July 1, 2002, the transferor shall provide
4 23 the transferee with both of the following:
4 24 a. Evidence that any private well or private sewage
4 25 disposal system serving the property has been inspected by the
4 26 county where available or by a certified private sewage
4 27 disposal system contractor.
4 28 b. A written report regarding any maintenance or
4 29 improvements needed for the well or private sewage disposal
4 30 system to operate in compliance with current law.
4 31 NEW SUBSECTION. 4. In addition to the disclosure
4 32 statement, when real property is transferred for the purpose
4 33 of constructing one or more new residences, the transferor
4 34 shall provide the transferee a statement from the city or
4 35 county, as appropriate, indicating the means by which the
5 1 property will be provided with public drinking water and the
5 2 means for disposal of sanitary waste. In cases where private
5 3 on-site water and wastewater systems will be necessary, the
5 4 statement shall indicate that the local government has been
5 5 provided with evidence that the options suggested can be
5 6 implemented successfully in compliance with applicable law.
5 7 EXPLANATION
5 8 This bill creates in new Code section 455B.193 a
5 9 certification program for private sewage disposal system
5 10 contractors. The bill would require an applicant to pass an
5 11 examination prior to being certified and requires that, on or
5 12 after January 1, 2002, a contractor must be certified before
5 13 acting as a private sewage disposal system contractor for the
5 14 purposes of providing private well or private sewage disposal
5 15 system inspection information for a real estate transaction.
5 16 The bill allows for provisional certifications in instances of
5 17 shortages of certified personnel and if certain conditions are
5 18 met. The bill establishes a private sewage disposal system
5 19 contractor council to consult with the department regarding
5 20 the development of the examination, the consumer information
5 21 pamphlet, and the administrative rules. The bill allows the
5 22 department to establish and collect fees used to implement and
5 23 administer the certification program.
5 24 The bill amends Code section 558A.4 to provide that, in
5 25 addition to a real estate disclosure statement, a transferor
5 26 of real property shall provide the transferee with evidence
5 27 that any private well or private sewage disposal system
5 28 serving the property has been inspected by a certified
5 29 contractor and that maintenance and improvements to the system
5 30 be reported.
5 31 The bill also amends Code section 558A.4 to provide that,
5 32 in addition to the real estate disclosure statement, when real
5 33 property is transferred for the purpose of constructing one or
5 34 more new residences, the transferee shall be provided with a
5 35 statement from the city or county indicating the means by
6 1 which the property will be provided with drinking water and
6 2 disposal of sanitary waste.
6 3 LSB 5957DP 78
6 4 tm/as/5.1
Text: HSB00705 Text: HSB00707 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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