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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