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HomeMy WebLinkAboutord2016-024WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 -214 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: MX E E� V E D 6128 Introduction Division Head: JW 6/15/16 JUN 21 2016 WHATCOM COUNTY 7/12/16 Hearing Dept. Head: PA� Prosecutor: RB 6113116 COUNCIL Purchasing/ Budget: A � Executive: \"� p • ��• TITLE OF DO ENT.- a Amendment to WCC 24.05 On -site Sewage System Rules & Regulations. ATTACHMENTS. Memorandum Ordinance Exhibit A: WCC24.05.220 (C) amendment SEPA review required? (x ) Yes ( ) NO Should Clerk schedule a hearing? ( x) Yes ( ) NO SEPA review completed? (x) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Amendment of WCC 24.05 section 220(C) providing the Health Officer authority to suspend or revoke an operations and maintenance specialist license as a necessary regulatory component consistent with 220(A) installer and 220(B) pumper licensing of this section. COMMITTEE ACTION. COUNCIL ACTION.• 6/28/2016: Introduced 7 -0 7/12/2016: Adopted 6 -1, Brenner opposed, Ordinance 2016 -024 Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Ord. 2016 -024 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us /council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 PROPOSED BY: HEALTH INTRODUCTION DATE: 6/28/2016 ORDINANCE NO. 2016 -024 AMENDMENT TO WHATCOM COUNTY CODE 24.05 ON -SITE SEWAGE SYSTEM RULES & REGULATIONS WHEREAS, WCHD licenses installers, pumpers, and operation and maintenance specialists in accordance with WCC 24.05; and, WHEREAS, WCC 24.05.220 (A) and (B) allow for suspension or revocation of licenses for installers and pumpers under certain circumstances; and, WHEREAS, there may be times when it will be necessary to suspend or revoke an operation and maintenance specialist license; and, WHEREAS, language allowing the Health Officer to suspend or revoke an operation and maintenance specialist license was inadvertently omitted from WCC 24.05.220(C). NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, acting as the Board of Health, that WCC 24.05 On -Site Sewage Regulations section .220(C) - Licensing is amended as outlined in Exhibit A. ADOPTED -this 12th day of. July 2016 r N1 C 04 i Darya Brovyw er`k ol�he Council WHATCOAIq /QOkIrj -,W CUTIVE APPROVED AS TO FORM: Civil Deputy Prosecafir WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON n, Council Chair WHATCOM-C-CJNTY, WASHINGTON Jack Louws tive ()Q Approved ( ) Denied Date Signed:. c -6 Exhibit A 24.05.220 Licensing. A. The applicant for an installer's license shall provide the following: Application for an installer's license shall be made on forms provided by the health officer. Application fees shall be paid at the time of application. 2. The health officer shall determine by written and /or oral examination the applicant's knowledge of public health problems involved in the treatment and dispersal of sewage and necessary standards of design, construction and installation. If the applicant does not receive a passing mark of 70 percent in any such examination, the applicant shall be denied a license. 3. The installer's license shall expire on December 31 st. Fees are not prorated. The applicant shall apply for renewal on forms provided by the health officer. 4. Three continuing education units shall be required every three years for license renewal. The applicant shall provide proof to the health officer that continuing education courses were attended either by the license holder or a designated qualified professional employee. 5. Before the issuance of an installer's license, the applicant shall file with the health officer satisfactory evidence demonstrating that said installer is a registered contractor as provided by Chapter 18.27 RCW and has the required surety bond. In the event the installer's contractor registration shall lapse for any reason or the contractor's bond shall become impaired, then licensing by the health officer of said installer shall be suspended until the installer's registration as a contractor is reinstated and the contractor's bond is unimpaired. 6. The health officer may suspend or revoke any installer's license if there has been a finding of incompetency, negligence, willful misrepresentation, or failure to comply with this chapter or other applicable laws, rules and regulations. The installation of a sewage disposal system for which a permit has not been obtained shall be cause for the suspension or revocation of an installer's license. 7. An installer whose license has been revoked shall be ineligible to reapply for recertification until 60 days have passed from the date of revocation of the certificate. B. The applicant for a pumper's license shall provide the following: 1. Application for a pumper's license shall be made on forms provided by the health officer. Application fees shall be paid at the time of application. 2. The health officer shall determine by written and /or oral examination the applicant's knowledge of public health problems arising from the handling of sewage and the safe disposal of the cleanings of sewage disposal systems. If the applicant does not receive a passing mark of 70 percent, the applicant shall be denied a license. 3. Before the issuance of a pumper's license, the applicant shall file with the WCHD a surety bond issued by a surety insurer in a form acceptable to the health officer running to WCHD. Said bond shall be conditioned that the applicant will pay all amounts that may be adjudged against applicant by reason of negligent or improper work or breach of contract. The bond shall be conditioned that the holder of the license and his or her agents in performing work shall exercise reasonable care and skill and comply with this chapter. The surety upon the bond shall not be liable in an aggregate amount in excess of the amount named in the bond. The bond shall be kept in effect during the period of time for which the license is issued. In the event the bond is cancelled or any final judgment shall impair the liability of the surety upon the bond so furnished so that there shall not be in effect a bond undertaking in the full amount of $2,000, the health officer shall suspend the license of such pumper until the full bond liability has been restored. 4. The applicant's equipment shall meet the requirements of WCC 24.05.200(B)(1) and (2) before a license may be issued. 5. The pumper's license shall expire on December 31 st. Fees are not prorated. Application for renewal shall be made on forms provided by the health officer. 6. The health officer may suspend or revoke any pumper's license if there has been finding of incompetency, negligence, willful misrepresentation or failure to comply with this chapter or other applicable laws, rules and regulations. 7. A pumper whose license has been revoked shall be ineligible to reapply for a license until 60 calendar days shall have passed from the date of this license revocation. 8. Three continuing education units shall be required every three years for license renewal. The applicant shall provide proof to the health officer that continuing education courses were attended either by the license holder or a designated qualified professional employee. C. The applicant for an operation and maintenance specialist license shall provide the following: 1. Application for an operation and maintenance specialist license shall be made on forms provided by the health officer. Application fees shall be paid at the time of application. 2. The health officer shall determine by written and /or oral examination the applicant's knowledge of the operation and maintenance of on -site sewage systems. If the applicant does not receive a passing mark of 70 percent, the applicant shall be denied a license. 3. The operation and maintenance specialist license shall expire on December 31 st. Fees are not prorated. The operation and maintenance license is not transferable. Application for renewal shall be made on forms provided by the health officer. 4. Before the issuance of an operation and maintenance specialist license, the applicant shall file with the WCHD a surety bond issued by a surety insurer in a form acceptable to the health officer running to WCHD. Said bond shall be conditioned that the applicant will pay all amounts that may be adjudged against the applicant by reason of negligent or improper work or breach of contract. The bond shall be conditioned that the holder of the license shall exercise reasonable care and skill and comply with this chapter. The surety upon the bond shall not be liable in an aggregate amount in excess of the amount named in the bond. The bond shall be kept in effect during the period of time for which the license is issued. In the event the bond is cancelled or any final judgment shall impair the liability of the surety upon the bond so furnished so that there shall not be in effect a bond undertaking in the full amount of $2,000, the health officer shall suspend the license of such operation and maintenance specialist until the full bond liability has been furnished. 5. Three continuing education units shall be required every three years for license renewal. The applicant shall provide proof to the health officer that continuing education courses were attended. (Ord. 2008 -015 Exh. A; Ord. 2006 -056 Exh. A). 6. The Health Officer may suspend or revoke any operation and maintenance specialist license if there has been finding of incompetency, negligence, willful misrepresentation, or failure to comply with this chapter or other applicable laws, rules and regulations. 7. An operations and maintenance specialist whose license has been revoked shall be ineligible to reapply for a license until 60 calendar days shall have passed from the date of this license revocation.