Revision: Feb. 20, 2024, 9:49 a.m.
Rep. Darby, Hills. 11
February 13, 2024
2024-0653h
08/02
Amendment to HB 1142
Amend the title of the bill by replacing it with the following:
AN ACT relative to eligibility for permits for the septic system designer program.
Amend the bill by replacing all after the enacting clause with the following:
1 Sewage Disposal Systems; Permit Eligibility; Exemption. Amend RSA 485-A:35, I(a) to read as follows:
(a) All applications, plans, and specifications submitted in accordance with this chapter for subsurface sewage or waste disposal systems shall be prepared and signed by the individual who is directly responsible for them and who has a permit issued by the department to perform the work. The department shall issue a permit to any individual who applies to the department, pays a fee of $80, and demonstrates a sound working knowledge of the procedures and practices required in the site evaluation, design, and operation of subsurface sewage or waste disposal systems. The department shall require an oral or written examination or both to determine who may qualify for a permit. Individuals who do not pass the examination shall be required to demonstrate additional training in the trade of septic system design to be eligible to take the examination again. Permits shall be issued from January 1 and shall expire December 31 of every other year, subject to the grace periods specified in subparagraphs (c) and (d). Permits shall be renewable upon proper application, payment of a biennial permit fee of $80, and documentation of compliance with the continuing education requirement of subparagraph (b). A permit issued to any individual may be suspended, revoked or not renewed only for just cause and after the permit holder has had a full opportunity to be heard by the department. An appeal from a decision to revoke, suspend, or not renew a permit may be taken pursuant to RSA 541. All fees shall be deposited in the subsurface systems fund established in RSA 485-A:30, I-b.
2 New Paragraph; Rulemaking; Permitted Septic System Designer Program. Amend RSA 485-A:35 by inserting after paragraph II the following new paragraph:
III. The commissioner shall adopt rules pursuant to RSA 541-A relative to the administration of the permitted septic system designer program.
3 System Installer Permit. Amend RSA 485-A:36, I(a) to read as follows:
(a) No individual shall engage in the business of installing subsurface sewage or waste disposal systems under this subdivision without first obtaining an installer's permit from the department. The permit holder shall be responsible for installing the subsurface sewage or waste disposal system in strict accordance with the approved plan. The department shall issue an installer's permit to any individual who submits an application provided by the department, pays a fee of $80 and demonstrates a sound working knowledge of RSA 485-A:29-35 and the ability to read approved waste disposal plans. The department shall require an oral or written examination or both to determine who may qualify for an installer's permit. Individuals who do not pass the examination shall be required to demonstrate additional training in the trade of septic system installation to be eligible to take the examination again. Permits shall be issued from January 1 and shall expire December 31 of every other year. Permits shall be renewable upon proper application, payment of a biennial permit fee of $80, and documentation of compliance with the continuing education requirement of subparagraph (b). The installer's permit may be suspended, revoked or not renewed for just cause, including, but not limited to, the installation of waste disposal systems in violation of this subdivision or the refusal by a permit holder to correct defective work. The department shall not suspend, revoke or refuse to renew a permit except for just cause until the permit holder has had an opportunity to be heard by the department. An appeal from such decision to revoke, suspend or not renew a permit may be taken pursuant to RSA 21-O:14. All fees shall be deposited in the subsurface systems fund established in RSA 485-A:30, I-b.
4 New Paragraph; Rulemaking; Permitted Septic System Installer Program. Amend RSA 485-A:36 by inserting after paragraph II the following new paragraph:
III. The commissioner shall adopt rules pursuant to RSA 541-A relative to the administration of the permitted septic system installer program.
5 Effective Date. This act shall take effect 60 days after its passage.
2024-0653h
AMENDED ANALYSIS
This bill requires individuals who do not pass the sewage or waste disposal system installer permit examination to demonstrate additional training in the trade of septic system installation to be eligible to take the examination again.