SECTION 285.50. General Requirements  


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  • (a) The procedures for issuing licenses and registrations for on-site sewage facilities (OSSF) installers, designated representatives, apprentices, site evaluators, maintenance providers, and maintenance technicians are in Chapter 30 of this title (relating to Occupational Licenses and Registrations).

    (b) Any individual who constructs any part of an OSSF shall hold a current installer license appropriate for the type of system being installed, except as noted in §30.244 of this title (relating to Exemptions). This does not include the individuals under the direct supervision of the licensed installer or registered apprentice.

    (c) Any individual who performs the duties of a designated representative under §285.62 of this title (relating to Duties and Responsibilities of Designated Representatives) on behalf of the authorized agent shall possess a current designated representative license. Individuals may not advertise or represent themselves to the public as designated representatives unless they are employed, appointed, or contracted by an authorized agent and hold a current designated representative license.

    (d) Any individual who performs the duties of an apprentice under §285.63 of this title (relating to Duties and Responsibilities of Registered Apprentices) must hold a current apprentice registration under a licensed installer.

    (e) Any individual, other than a professional engineer, who performs the duties of a site evaluator under §285.60 of this title (relating to Duties and Responsibilities of Site Evaluators) shall possess a current site evaluator license. An individual possessing a current professional engineer license is not required to possess a site evaluator license.

    (f) When required by the permitting authority, the installer or the installer's apprentice must be present at the job site during the inspection or re-inspection of the OSSF.

    (g) Any individual who acts in any capacity for a permitting authority shall not, within that permitting authority's area of jurisdiction:

    (1) work as an apprentice to an OSSF installer;

    (2) work as an OSSF installer;

    (3) work for an OSSF maintenance provider or maintenance technician;

    (4) work as a site evaluator; or

    (5) perform any other OSSF-related activities which fall under the permitting authority's regulatory jurisdiction, except those activities directly related to the individual's duties as an employee of, appointee to, or contractor for the permitting authority.

    (h) An Installer I is authorized to construct OSSFs as described in §285.91(9) of this title (relating to Tables).

    (i) An Installer II is authorized to construct all types of OSSFs as described in §285.91(9) of this title.

    (j) Any individual who performs maintenance of aerobic OSSFs under §285.64 of this title (relating to Duties and Responsibilities of Maintenance Providers and Maintenance Technicians) shall possess a current maintenance provider license or maintenance technician registration with the commission.

Source Note: The provisions of this §285.50 adopted to be effective June 13, 2001, 26 TexReg 4115; amended to be effective December 17, 2001, 26 TexReg 10363; amended to be effective August 3, 2006, 31 TexReg 6013; amended to be effective September 11, 2008, 33 TexReg 7536