CHAPTER Sep 100 DEFINITIONS, ORGANIZATION AND PUBLIC
INFORMATION
PART Sep 101 PURPOSE AND SCOPE
Sep 101.01 Purpose
and Scope.
(a) The purpose of this subdivision is to assure that a septic system
evaluator performs professional services only when the septic system evaluator
is qualified by education and training in the specific technical areas
involved.
(b) These provisions
regulate but are not limited to the licensing of septic system evaluators and
the practice of septic system evaluation in the state of New Hampshire.
Source. #13791,
eff 10-25-23
PART Sep 102 DEFINITIONS
Sep 102.01 Terms
Used. As used in these rules, the
following terms shall have the meanings indicated:
(a) "Board"
means “board” as defined in RSA 310-A:203, I namely “means the board of septic system evaluators”;
(b)
"Client" means “client” as defined in RSA 310-A:203, II namely
“an individual who pays a fee for a septic system
evaluation report”;
(c)
"Evaluation" means “evaluation” as defined in RSA 310-A:203,
IV namely " means the process by which a
septic system evaluator observes and determines the condition of a septic
system at a point in time in accordance with the board-approved standards of
practice and code of ethics"; and
(d)
"Evaluator" means “evaluator” as defined in RSA 310-A:310, V
namely “a person who, by reason of professional education or
practical experience, or both, is qualified to engage in the practice of septic
system evaluations as attested by licensure as a septic system evaluator.”
Source. #13791,
eff 10-25-23
PART Sep 103 BOARD ORGANIZATION
Sep 103.01 Duties
and Responsibilities. The board
shall administer the provisions of RSA 310-A:202-221 which include but are not
limited to safeguarding property, to promoting public welfare and maintaining a
high standard of integrity, skills, and practice in the profession of septic
evaluators in this state.
Source. #13791,
eff 10-25-23
Spe 103.02 Composition
of the Board. Pursuant to RSA
310-A:206, I the board shall consist of 5 members who meet the eligibility
requirements of RSA 310-A:206 I-IV.
Source. #13791,
eff 10-25-23
Sep 103.03 The
Chairperson and Vice Chairperson.
The chairperson shall preside at all meetings. In the absence of the
chairperson, the vice-chairperson shall preside.
Source. #13791,
eff 10-25-23
Sep 103.04 Organization. Every 2 years, the board shall elect or
appoint a chairperson, vice-chairperson, and secretary at the first meeting of
the board in a calendar year.
Source. #13791,
eff 10-25-23
Sep 103.05 Office Hours, Office Location, Mailing
Address, and Telephone Number.
(a) The board’s
office shall be located at the New Hampshire Office of Professional Licensure
& Certification, 121 South Fruit Street, Concord, N.H. and shall be open to
the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.
(b) Correspondence
shall be addressed to the board at:
The Board of Septic System
Evaluators
New Hampshire Office of
Professional Licensure & Certification
7 Eagle Square
Concord, N.H. 03301
(c) The board’s
telephone number shall be (603)-271-2152.
Source. #13791,
eff 10-25-23
PART Sep 104 PUBLIC INFORMATION
Sep 104.01 Record
of Board Actions. Minutes shall be
kept of board meetings and of official actions taken by the board. Minutes of board actions which are not
confidential under RSA 91-A:3, II or RSA 91-A:5 shall be a governmental record
and shall be available for inspection during the board’s ordinary office hours
within 5 days from the close of the meeting or vote in questions unless the 72
hours availability requirement of RSA 91-A:3, III is applicable.
Source. #13791,
eff 10-25-23
Sep 104.02 Custodian
of Records. Persons desiring copies
of board records shall submit a request which identifies as particularly as
possible the information being sought.
If records are requested which contain both public and confidential
information, the board shall delete the confidential information and provide
the remaining information.
Source. #13791,
eff 10-25-23
PART
Spe 105 MEETINGS, DELIBERATIONS AND
DECISIONS
Spe 105.01 Meetings. Regular meetings shall be held at least 3
times each year. Special meetings shall
be called by order of the chairperson or vice chairperson. Each member of the board shall be notified in
writing of each meeting and such notice shall contain the place, date, time,
and subject of the meeting. Notice of
meetings shall be posted in accordance with RSA 91-A:2.
Source. #13791,
eff 10-25-23
Spe 105.02 Quorum. A quorum of the board shall be a majority of
the members appointed by the governor and council.
Source. #13791,
eff 10-25-23
CHAPTER Sep 200 RULES OF PRACTICE AND PROCEDURE
REVISION
NOTE:
Document #13792, effective 10-25-23,
repealed Part Sep 201 through Part Sep 219 in Chapter Sep 200, titled
“Procedural Rules”, and renamed the chapter as “Rules of Practice and
Procedure”. Document #13792 also adopted
a new Part Sep 201 titled “Applicability and Waiver of Substantive Rules”,
containing Sep 201.01 titled “Applicability of Plc 200” and Sep 201.02 titled
“Waiver of Administrative Rules.”
Document #13792 replaces all prior filings affecting
the rules in the former Chapter Sep 200.
The only prior filing was Document #12840, effective 7-30-19.
As
practice and procedure rules, the rules in Document #13792 will not expire
except pursuant to RSA 541-A:17, II.
PART
Sep 201 APPLICABILITY AND WAIVER OF
SUBSTANTIVE RULES
Sep 201.01
Applicability of Plc 200.
The Plc 200 rules shall govern the board of septic system evaluators
with regards to all procedures for:
(a) The conduct of adjudicatory proceedings;
(b) Rulemaking submissions, considerations, and
disposition of rulemaking petitions;
(c) Public comment hearings;
(f) Declaratory rulings;
(g) All statements of policy and interpretation;
(h) Explanation of adopted rules;
(i) Voluntary surrender of licenses; and
(j) Petitions for waiver of rule.
Source. (See Revision Note at chapter heading for Sep
200) #13792, eff 10-25-23
Sep
201.02 Waiver of Administrative Rules.
(a) The board shall initiate a waiver of a
substantive rule upon its own motion by providing affected parties with notice
and opportunity to be heard, and issuing an order which finds that waiver would
be necessary to advance the purpose of the rules of the board.
(b) Individuals who wish to request a waiver of a
rule shall submit a written request to the board, which includes:
(1) The rule
for which a waiver is requested;
(2) The
anticipated length of time the requested waiver will be needed;
(3) The
reason for requesting the waiver;
(4) Evidence
of how the waiver will provide for the health and safety of the consumer or
licensee;
(5) A
time-limited written compliance plan which sets forth plans to achieve
compliance including an estimated date of compliance; and
(6) The
signature of the applicant.
(c) The board shall consider the following when
determining whether to approve or deny a waiver:
(1) If
adherence to the rule would cause the petitioner unnecessary or undue hardship;
(2) If the
requested waiver is necessary because of any neglect or misfeasance on the part
of the practitioner;
(3) If
enforcement of the rule would injure a third person(s); and
(4) If waiver
of the rule would injure a third person(s).
(d) The board shall approve a waiver of an
administrative rule request only if:
(1) Granting
a waiver does not have the effect of waiving or modifying a provision of RSA
310-A;
(2) The
petitioner has shown good cause exists pursuant to (c) above to waive the
rule.; and
(3) The board
determines that the individual’s plans for compliance with the rule includes an
estimated date of compliance and eventual compliance.
(e) If the board, after receiving and reviewing a
request for a waiver, requires further information or documentation to grant or
deny the waiver, the board shall:
(1) Notify
the applicant in writing within 30 days; and
(2) Specify
the information or documentation the board requires.
(f) The board shall issue a written approval or
denial of the waiver within 60 days of the date the request is received, unless
additional information or documentation is required. If additional information and documentation
is required, then the board shall issue a written approval or denial within 60
days of receiving the requested information or documentation.
Source. (See Revision Note at chapter heading for Sep
200) #13792, eff 10-25-23
CHAPTER Sep 300 LICENSURE REQUIREMENTS
PART Sep 301 APPLICATION REQUIREMENTS
Sep
301.01 Application Process.
(a) Persons wishing to become licensed as a
septic system evaluator in New Hampshire shall complete and submit an
“Application for Licensure as a Septic System Evaluator” form provided by the board
containing the information specified in Sep 301.02 and shall submit the
application fee specified in Sep 301.03 and Sep 301.04.
(b) An application, which is not signed by the
applicant, or is not accompanied by cash, a valid check, or a valid credit card
number for the application fee, shall not be accepted for processing and shall
be returned to the applicant in accordance with RSA 541-A:29, I.
(c) If the application is denied, the applicant
shall be provided an opportunity to request a hearing for reconsideration on
the deficiency issues identified by the board.
Any such request shall be made in writing and received by the board
within 30 days of the receipt of the notification of denial.
(d) Applications about which there has been no
communication from the applicant to the board for one year shall be destroyed.
Source. #12392,
INTERIM, eff 9-28-17, EXPIRED: 3-27-18
New. #12654, eff 10-31-18 (formerly Sep 302.01)
Sep
301.02 Application for Licensure.
(a) Each applicant for licensure shall provide,
or cause to be provided, the following on the “Application for Licensure as a
Septic System Evaluator” form supplied by the board:
(1)
The applicant’s name, including any names previously used;
(2)
The applicant’s written signature;
(3)
The applicant’s residence and business addresses and telephone numbers;
(4)
The applicant’s email address;
(5)
The applicant’s date of birth and place of birth;
(6)
An indication as to whether the applicant has completed the classroom
and field training of a board approved septic evaluator course and, if so:
a.
The date of the course;
b.
Where the course was taken; and
c.
Name of the course provider;
(7)
An indication as to whether the applicant has ever taken a granite state
septic system evaluator course and, if so, the date the course was taken;
(8)
An indication as to whether the applicant currently holds a septic
system designer permit and, if so:
a.
The permit number; and
b.
The total number of evaluations completed;
(9)
An indication as to whether the applicant is actively engaged in the
business of septic system evaluations and, if so:
a.
The year the applicant began evaluating septic systems; and
b.
The total number of evaluations completed;
(10) The applicant’s dated signature below the
following attestation:
I have read the contents hereof and
clearly understand that the correctness and truth of my statements certifying
that I have completed 25 septic system evaluations as recorded in this
application not only to the issuance of the certificate of licensure, as
applied for, but also to the retention of said certificate, if issued;
(11) An indication as to whether the applicant has
ever been licensed in any other state as a septic system evaluator;
(12) The applicant’s dates of employment, titles
of positions, and name and present address of employer;
(13) Character of employment including types of
work performed and degree of responsibility;
(14) The name and present address of someone
familiar with each position held by the applicant, preferably a person to whom
the applicant reported or with whom the applicant was associated;
(15) The name, address, occupation, and business
relationship to the applicant of 3 references that have personal knowledge of
the applicant’s experience and who will submit a completed reference form to
the board for review which contains the following information:
a.
The name of the applicant;
b.
The full name of the reference,
c.
The address of the reference;
d.
The reference’s present business or profession;
e.
An indication as to whether the reference is a certified or practicing
septic system evaluator and, if so, the state and applicable certificate
number;
f.
The length of time the reference has known the applicant;
g.
An explanation of any relationship to the applicant;
h.
An explanation of any business connection to the applicant;
i.
Identification of anything the reference knows about the applicant that
would reflect adversely on the applicant’s integrity or general good character;
j.
A brief estimate of the applicant as a septic system evaluator;
k.
An indication as to whether the reference would employ the applicant in
a position of trust;
l.
The name and address of the applicant’s firm, if he or she is connected
to one;
m. Whether the reference thinks the applicant is
qualified to be placed in a responsible charge of supervision of work;
n.
The nature of the applicant’s individual practice, if he or she
practices individually;
o. Whether the reference recommends the applicant
for certification as a septic system evaluator;
p.
An estimation of how many years of experience the reference believes the
applicant to have;
q.
Any other remarks concerning the applicant; and
s.
The reference’s dated signature below an attestation that the reference
knows the person referred to is making application for licensure to the State
of New Hampshire as a septic system evaluator;
(16) Highest grade attended including name of
institution, years attended, graduation date;
(17) A listing of every state in which the
applicant holds or has ever held registration or certification, licensure as a
septic system evaluator with corresponding number and date of initial
registration, certification, or licensure;
(18) Whether the applicant has ever been denied
registration, certification, or licensure as a septic system evaluator or
disciplined by this board or another septic system evaluator licensing board in
any other state and if so, an explanation of the circumstances;
(19) Whether the registration, certification, or
licensure as a septic system evaluator was issued by examination;
(20) Whether the applicant has ever been convicted
of any felony, any misdemeanor, or a violation and if so, the name of the
court, the details of the offense and the date of conviction and the sentence
imposed;
(21) The applicant’s social security number required
pursuant to
(22) The applicant’s signed and dated
supplementary experience record, including the signed and dated attachments,
which lists in detail the applicant’s projects or assignments in chronological
order by identifying:
a.
The portion of the work the applicant personally did;
b.
The project job title;
c.
The name of the client; and
d.
The location of the portion of the project completed by the applicant;
(23) The applicant’s dated signature below the
following pre-printed affidavit:
I have read the contents hereof and
clearly understand that the correctness and truth of my statements as recorded
in this application are material, not only to the issuance of the certificate
of licensure, as applied for, but also to the retention of said certificate, if
issued; and
(24) The application fee as specified in Sep 301.03
and Sep 301.04.
Source. #12392,
INTERIM, eff 9-28-17, EXPIRED: 3-27-18
New. #12654, eff 10-31-18
Sep
301.03 Application and Licensure Fees.
(a) The application for licensure shall be
$100.00.
(b) The examination administration fee shall be
$100.00.
(c) The wall display certificate fee for
licensees shall be $50.00.
(d) The biennial renewal fee shall be $100.00.
(e) If the renewal is not received by the date of
expiration, there shall be a late fee of 20 percent per month.
(f) The reinstatement fee after 12 months shall
be the renewal fee plus 20 percent per month late fee totaling $340.00.
(g) The fee for verification of licensure shall
be $25.00.
(h) The fee for replacement of a lost or
mutilated certificate of licensure shall be $50.00.
(i) Course providers shall pay an evaluation fee
of $25.00 each time a course is submitted to the board to be evaluated for
pre-licensing education credit.
Source. #12654, eff 10-31-18
Sep
301.04 Fees. All fees shall be paid in the form of cash,
money order, bank draft, check, or credit card number payable to “Treasurer,
State of New Hampshire” and are non-refundable. Applicants paying by credit card shall submit
a completed “Credit Card Information” form, revised September 2018.
Source. #12654, eff 10-31-18
PART Sep 302 QUALIFICATION OF APPLICANTS
Sep
302.01 Candidate Requirements.
(a) Candidates for licensure shall meet the
requirements established by
(b) The candidate shall have committed no misconduct as set forth in RSA 310-A:205. The board shall consider all available
evidence for all candidates for licensure, prior to granting a license.
(c) Qualifications shall be as follows:
(1)
Candidates shall have successfully completed:
a.
A board- approved pre-licensing education program; and
b.
A board- approved pre-licensing fieldwork program;
(2)
Candidates shall be at least 18 years of age; and
(3)
Candidates shall be of good moral and professional character, as
evidenced by the answers to questions on the application form and any
attachments.
Source. #12392,
INTERIM, eff 9-28-17, EXPIRED: 3-27-18
New. #12654, eff 10-31-18 (formerly Sep 303.01)
Sep
302.02 Denial of Application. An application shall be denied if, after
notice and an opportunity for hearing, there is a finding that:
(a) The applicant, or someone acting on the
applicant's behalf, has submitted false information to the board in connection
with the application;
(b) There is evidence of past disciplinary action
taken by another licensing body or a professional society or association, which
indicates the applicant cannot be relied upon to practice competently and
honestly, or adhere to the standards of conduct required by Sep 500 and
(c) There is evidence of conviction of a felony
or misdemeanor which indicates the applicant cannot be relied upon to practice
competently and honestly, or adhere to the ethical standards required by Sep
500;
(d) There is evidence of behavior that would
violate the ethical and professional standards of Sep 500, Sep 600 and
RSA
(e) The applicant failed to meet the educational
and experience requirements of Sep 302 and
(f) The applicant failed to submit the
documentation required by Sep 301.02;
(g) The applicant failed to submit the fee
required by Sep 301.03 and Sep 301.04; or
(h) The applicant failed to successfully pass the
examinations required per Sep 303.01.
Source. #12392,
INTERIM, eff 9-28-17, EXPIRED: 3-27-18
New. #12654, eff 10-31-18 (formerly Sep 304.01)
Sep
302.03 Approval of Pre-Licensing
Education Courses.
(a) Applicants for approval of pre-licensing
courses shall submit the following:
(1)
A course outline describing content and course hours to be taught, at
least 3 months prior to the implementation of the course on subject areas
approved by the board, including:
a.
b.
Sep 100-600;
(2)
Documentation that substantiates the following:
a.
How the program curriculum reflects current practice standards; and
b.
The organization of the curriculum including:
1.
The content of each of the courses;
2.
The goals and objectives of each of the courses;
3.
The total number of hours of classroom instruction;
4.
Credentials of the instructor(s);
5.
Expected student outcomes;
6.
Curricular organization;
7.
Course and unit objectives; and
8.
The processes used to evaluate the progress of the students; and
(3)
The fee required pursuant to Sep 301.03(i).
(b) If necessary to make effective the permission
described in Sep 302.03 (c), written permission shall be required from the
program's sponsoring institution for the board to visit the program site for
the purpose of assessing the program's compliance with the requirements for
board approval; and
Source. #12392,
INTERIM, eff 9-28-17, EXPIRED: 3-27-18
New. #12654, eff 10-31-18
Sep
302.04 Approval of Pre-Licensing
Fieldwork Programs. A pre-licensing
fieldwork program shall meet the following requirements:
(a)
Formal pre-licensing fieldwork programs shall:
(1)
Require candidates to complete at least 3 different evaluations;
(2)
Require candidates to evaluate at least 2 different types of septic
systems; and
(3)
Evaluate students on a pass or fail basis; or
(b) Informal pre-licensing fieldwork programs
shall require candidates for licensure to complete at least 25 septic
evaluations under the supervision of a licensed septic system evaluator,
provided that the applicant provides copies of the inspection reports that are
signed by the supervisor with his or her application for licensure.
Source. #12392,
INTERIM, eff 9-28-17, EXPIRED: 3-27-18
New. #12654, eff 10-31-18
PART Sep 303 EXAMINATIONS
Sep
303.01 Examinations. Candidates for licensure shall have
successfully passed the exam as administered by the board-approved
pre-licensing education provider.
Source. #12392,
INTERIM, eff 9-28-17, EXPIRED: 3-27-18
New. #12654, eff 10-31-18
PART Sep 304 RECIPROCITY
Sep
304.01 Reciprocity.
(a) Candidates for licensure who are licensed or
registered in another state shall be eligible for licensure by reciprocity
pursuant to RSA 310-A:214, provided that the candidate’s current state of
licensure grants reciprocity to residents of this state and has licensure,
registration, or certification requirements that are substantially equivalent
to or higher than those of this state.
(b) Candidates applying for licensure under this
section shall bear the burden of demonstrating to the board that the licensure,
certification, or registration requirements maintained by their current state
are substantially equivalent to or higher than those of this state.
(c) Candidates applying for licensure under this
section shall complete and submit the “Application for Licensure as a Septic
System Evaluator” form specified by Sep 301.02 and pay the fee pursuant to Sep
301.03 (a). The verification of licensure or examination shall be obtained by
the candidate for licensure and submitted to the board directly from the
verifying state for approval.
Source. #12392,
INTERIM, eff 9-28-17, EXPIRED: 3-27-18
New. #12654, eff 10-31-18
PART Sep 305 CREDENTIALS
Sep
305.01 License. An applicant for licensure as a septic system
evaluator, who has satisfactorily met all the requirements of RSA 310-A and who
has paid all of the fees, shall be issued a license by the board. The licensee shall be issued a license
authorizing the practice of septic system evaluations that shall show the full
name of the licensee, shall have a serial number, and shall be signed by
members of the board.
Source. #12654, eff 10-31-18
Sep
305.02 Pocket Cards. Biennially, the board shall issue a licensure
card, numbered to correspond with the septic system evaluator’s assigned number
to each licensed septic system evaluator upon renewal of the license. The card shall certify that the septic system
evaluator holds a license in good standing and is authorized to practice as a
septic system evaluator to the date of expiration as shown on the card.
Source. #12654, eff 10-31-18
Sep
305.03 Licensed Septic System
Evaluator Seal, Stamp, and License Number.
(a) Upon issuance by the board of a license to an
applicant as a licensed septic system evaluator, the licensee shall acquire an
impression type seal or rubber stamp of the design described in (b) below. This seal shall bear the licensee's name and number
as shown on the license.
(b) The seal shall consist of 2 concentric
circles with the outer circle having a diameter of 1- 9/16 inches and the inner
circle diameter of 15/16 inches. In the
space between the circles, the top shall be the words "Licensed Septic
System Evaluator " and at the bottom "State of New
Hampshire." In the space inside the
inner circle shall be the full name of the licensee over an image of a probe
and a shovel and the license number written under the image.
(c) The stamping or sealing of any documents by
the licensee with the licensee's seal after the license has expired, has been
suspended, revoked, or surrendered voluntarily shall be a violation of these
rules. The stamping or sealing of any
documents by the licensee not prepared by the licensee personally or under the
licensee’s direct supervision shall be a violation of these rules.
Source. #12654, eff 10-31-18
CHAPTER Sep
400 CONTINUED STATUS
PART Sep 401 RENEWAL OF LICENSE
Sep
401.01 Expirations and Renewals. Pursuant to RSA 310-A:215, licenses shall be
renewed by written application prior to the expiration date and by payment of
the prescribed renewal fee. The board
shall notify each septic system evaluator one month prior to expiration of
their license. If properly renewed, a
license shall remain in effect continuously from the date of issuance, unless
suspended or revoked by the board.
Source. #12654, eff 10-31-18
Sep
401.02 Renewal of License.
(a) Any licensee wishing to renew a license shall
submit:
(1)
A completed “Septic System Evaluator Renewal Application” form, revised
September 2018, supplied by the board;
(2)
The fee specified in Sep 301.03;
(3)
If the renewal is not received by the date of expiration, a late fee of
20 percent per month for a period of 12 months;
(4)
Proof of completion of the continuing education requirements of Sep 403;
and
(5)
If applicable, a copy of the licensee’s military orders calling them to
active duty pursuant to Sep 401.02 (b).
(b) Upon request of the licensee who is a member
of the armed forces or the reserves or the national guard of the United States
that is called to active duty, the board shall place the license in inactive
status. The license may be reactivated
by the licensee within one year of the licensee’s release from active status by
paying the renewal fee and completing and submitting the “Septic System
Evaluator Renewal Application” form, unless still within the renewal period.
Source. #12654, eff 10-31-18
Sep
401.03 Renewal Application. The applicant shall supply the following
information on the “Septic System Evaluator Renewal Application” form, revised
September 2018 and provided by the board, for license renewal:
(a) The applicant’s license number and expiration
date;
(b) The applicant’s full name;
(c) The applicant’s business address and
telephone number;
(d) The applicant’s home address and telephone
number;
(e) The applicant’s email address;
(f) Certification that the applicant has complied
with the continuing education requirements of Sep 403;
(g) A statement indicating any disciplinary
action brought against the applicant;
(h)
A statement indicating whether the applicant has ever been convicted of any
felony, or any misdemeanor, and if so, the name of the court, the details of
the offense, and the date of conviction and the sentence imposed;
(i) A statement indicating that to his or her
knowledge the applicant has adhered to the ethical and professional standards
of
(j) Acknowledgment that the provision of
materially false information in the application known by the applicant to be
untrue is a basis for denial;
(k) Acknowledgement that, if the applicant
provided false information that is discovered after the license is renewed, it
is a basis for disciplinary action by the board;
(l) Evidence of successful completion of 6 hours
of board approved education pursuant to
(m) The renewal fee as specified in Sep 301.03;
and
(n) The applicant’s signature and date.
Source. #12654, eff 10-31-18
Sep
401.04 Denial of Renewal. Renewal shall be denied if, after notice and
an opportunity for hearing, the board finds:
(a) Noncompliance with the continuing education
requirements of Sep 403.01;
(b) Any unethical act for which discipline shall
be imposed under
(c) Reasons for which an initial application
could be denied;
(d) Failure to furnish complete or accurate
information on an initial or renewal license application; or
(e) Failure to file a renewal application within
12 months of license expiration.
Source. #12654, eff 10-31-18
Sep
401.05 Reinstatement. A septic system evaluator on inactive status
or whose license to practice in this state has been lapsed for a period of 12
months or more shall:
(a) Complete and submit a “Septic System
Evaluator Reinstatement” form, revised September 2018, to the board that shall
include at least the following:
(1)
The applicant’s full name;
(2)
The date the applicant’s initial license was issued and the license
number;
(3)
The applicant’s business address and telephone number;
(4)
The applicant’s home address and telephone number;
(5)
The applicant’s email address;
(6)
Documentation that the applicant has complied with the continuing
education requirements of Sep 403;
(7)
A statement indicating any disciplinary action brought against the
applicant;
(8)
A statement indicating whether the applicant has ever been convicted of
any felony, any misdemeanor, or a violation and if so, the name of the court,
the details of the offense, and the date of conviction and the sentence
imposed;
(9)
A statement indicating that to their knowledge the applicant has adhered
to the ethical and professional standards of
(10) A representation that the applicant
acknowledges that the provision of false information in the application is a
basis for disciplinary action by the board; and
(11) The applicant’s signature and date; and
(b) Applicants shall submit the application and reinstatement
fees as specified in Sep 301.03.
Source. #12654, eff 10-31-18
Sep
401.06 Denial of Reinstatement. Reinstatement shall be denied if, after
notice and an opportunity for hearing, the board finds:
(a) Noncompliance with the continuing education
requirements of Sep 403.01;
(b) Any unethical act for which discipline shall
be imposed under
(c) Reasons for which an initial application
could be denied under Sep 302.02; or
(d) Failure to furnish complete or accurate
information on an initial or renewal license application.
Source. #12654, eff 10-31-18
PART Sep 402 DISCIPLINARY MATTERS
Sep
402.01 Initiation of Disciplinary
Action. The board shall undertake
misconduct investigations, settlements of misconduct allegations, or
disciplinary hearings in response to any information which reasonably suggests
that a licensee has engaged in professional misconduct.
Source. #12654, eff 10-31-18
Sep
402.02 Disciplinary Sanctions.
(a) Other than immediate license suspensions
authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions
only:
(1)
After prior notice and an opportunity to be heard; or
(2)
Pursuant to a mutually agreed upon settlement or consent decree.
(b) When the board receives notice that a
licensee has been subjected to disciplinary action related to professional
conduct by the licensing authority of another jurisdiction, where the license
was not reinstated, the board shall issue an order directing the licensee to
demonstrate why reciprocal discipline should not be imposed in New Hampshire.
(c) In a disciplinary proceeding brought on the basis
of discipline imposed in another jurisdiction the licensee shall be subject to
any disciplinary sanction authorized by RSA 310-A:216 after considering the
presence of aggravating or mitigating circumstances.
(d)
After a finding that misconduct has occurred, the board shall impose one or
more of the disciplinary sanctions authorized by RSA 310-A:217, V after
considering the presence of aggravating or mitigating circumstances.
(e) The following shall be considered aggravating
circumstances:
(1)
The seriousness of the offense;
(2)
Prior disciplinary record;
(3)
Lack of willingness to cooperate with the board; and
(4)
Potential harm to public health and safety.
(f) The following shall be considered mitigating
circumstances:
(1)
Absence of a prior disciplinary record;
(2)
Willingness to cooperate with the board;
(3)
Acknowledgment of his or her wrongdoing; and
(4)
The purpose of the rule or statute violated.
(g) No hearing date established in a proceeding
conducted under Sep 402.02 shall be postponed at the request of the licensee
unless the licensee also agrees to continue the suspension period, if any,
pending issuance of the board’s final decision.
(h) Copies of board orders imposing disciplinary
sanctions and copies of all settlement agreements or consent decrees shall be
sent to the licensing body of each state in which the licensee is licensed and
to such other entities, organizations, associations, or boards as are required
to be notified under applicable state or federal law.
Source. #12654, eff 10-31-18
Sep
402.03 Administrative Fines.
(a) Adjudicative procedures seeking the
assessment of an administrative fine shall be commenced against any person
subject to such fines under any provision of
(b) When persons subject to the board’s
disciplinary authority are directed to pay fines pursuant to Sep 402.03(c),
such fines shall be assessed in accordance with the factors stated in Sep
402.02(e) and (f) and the following additional financial considerations:
(1)
As an aggravating factor, the cost of any investigation or hearing
conducted by the board; and
(2)
As a mitigating factor, the licensee’s ability to pay a fine assessed by
the board.
(c) Administrative fines shall not exceed the
following amounts:
(1)
When no violation of the same type has occurred during a period of
licensure within the 5 years preceding the board’s notice to the respondent,
the fine assessed shall not exceed $200.00 per day or $1,000.00 per offense,
whichever is greater;
(2)
When a single disciplinary infraction of the same type has occurred
during a period of licensure within the 5 years preceding the board’s notice to
the respondent, the fine assessed shall not exceed $200.00 per day or $1,500.00
per offense whichever is greater; and
(3)
When more than one disciplinary infraction of the same type has occurred
during a period of licensure within the 5 years preceding the board’s notice to
the respondent, the fine assessed shall not exceed $200.00 per day or $2,000.00
per offense whichever is greater.
(d) In the case of continuing violations, a
separate fine shall be assessed for each day the violation continues.
(e) A single course of continuing conduct shall
be treated as a single violation for purposes of Sep 402.03 (c), (1), (2), and
(3).
Source. #12654, eff 10-31-18
Sep
402.04 Procedures for Assessing and
Collecting Fines.
(a) Payment of a fine shall be included among the
options available for settling disciplinary allegations, and shall be included
among the types of disciplinary sanctions imposed after notice and hearing.
(b) In cases where the board initially intends to
limit disciplinary sanctions to an administrative fine, the board shall issue a
“notice of apparent liability” describing the alleged offense, stating the
amount of the assessed fine, and notifying the alleged offender that he or she
shall pay or compromise the fine by a certain date or request that an
administrative hearing be held. If a
hearing is requested, the notice of apparent liability shall be withdrawn and a
notice of hearing shall be issued. In
such hearings, the board’s disciplinary options shall not be limited to the
assessment of an administrative fine.
(c) Nonpayment of a fine by a licensee or
respondent in contravention of an order, agreement, or promise to pay, shall be
a separate ground for discipline by the board, a basis for denying a subsequent
license and renewal application, and a basis for judicial action seeking to
collect the fine.
Source. #12654, eff 10-31-18
PART Sep 403 CONTINUING EDUCATION
Sep
403.01 Renewal Requirements.
(a) Continuing education hours shall be earned
pursuant to RSA 310-A:212.
(b) A renewal application shall not be accepted
for filing unless the licensee indicates on the renewal application, and under
penalty of unsworn falsification, that he or she has completed the minimum
required hours of approved continuing education hours required pursuant to
(c) Each licensee shall obtain at least 6
continuing education hours of approved continuing education courses during the
biennial renewal period as a condition of license renewal.
(d) Continuing education courses taken in the
armed services, to be creditable, shall be of a character equivalent to that
which would have been gained in the civilian sector doing similar work.
Source. #12654, eff 10-31-18
Sep
403.02 Continuing Education Hour
Requirements. Continuing education
hours shall meet
the following criteria:
(a) Continuing education activities shall be
relevant to the practice of septic system evaluations or no credit shall be
awarded. Such continuing education activities may include technical, ethical,
or managerial content; and
(b) Education may be earned in one of the
following categories:
(1)
Wetlands science;
(2)
Safety, including dig safe;
(3)
Ethics;
(4)
Soil science;
(5)
Septic components, design, and installation; and
(6)
Septic system evaluations.
Source. #12654, eff 10-31-18
Sep
403.03 Continuing Education Hour
Credits. Continuing education hours
shall be credited as follows:
(a) A maximum of 2 continuing education hours per renewal
cycle shall apply to activity on a state or national board of licensure;
(b) Successful completion of college courses in
one of the topics outlined in Sep 403.02(b) shall count towards a maximum of 3
continuing education hours per renewal cycle;
(c) Credit shall be awarded for one hour
of continuing education in course work, seminars, or professional technical
presentations made at meetings, conventions, or conferences for each hour of attendance.
Attendance at qualifying programs presented at professional or technical
society meetings shall earn continuing education hour units for the actual time of
each program;
(d) Teaching or instructing qualifying courses or
seminars or making presentations at technical meetings shall earn continuing
education hours credit at twice that of participants, up to 3 hours per renewal
cycle. Teaching credit shall be valid for
teaching a course or seminar for the first time only. Teaching credit shall not apply to full-time faculty;
(e) Continuing education credits shall not be
recognized for any repeat program attended or completed; and
(f) Successful completion of all requirements
necessary for initial licensure by the New Hampshire department of
environmental services shall count towards a maximum of 3 continuing education
hours in the renewal cycle during which such licensure was obtained.
Source. #12654, eff 10-31-18
Sep
403.04 Record Keeping.
(a) The responsibility of maintaining records to
be used to support credits claimed shall be the responsibility of the licensee.
(b) Records shall contain at least the following
documentation:
(1)
A log showing the type of activity claimed, sponsoring organization,
location, instructor’s or speaker’s name, and continuing education hour credits
earned; and
(2)
Attendance verification records in the form of completion certificates
or other documents supporting evidence of attendance such as:
a.
Signed attendance receipts;
b.
Paid receipts; or
c.
A copy of a listing of attendees signed by a person sponsoring the
course or program or the course/program provider.
(c) The licensee shall retain attendance
verification records for a period of at least 4 years. Such documentation shall
be made available to the board for random audit and verification purposes.
Documentation shall support continuing education hours claimed. Failure to
provide documentation for audit verification shall result in disciplinary
action.
(d) Not less than 5% of the licensees shall be
randomly selected by the board for audit in each renewal cycle for compliance
with Sep 403.01.
Source. #12654, eff 10-31-18
Sep
403.05 Exemptions.
(a) A licensee shall be exempt from the
continuing education requirements for any of the following reasons:
(1)
A licensee serving on temporary active duty in the armed forces of the
United States for a period of time exceeding 120 consecutive days in a year
shall be exempt from obtaining the continuing education hours required during
that year; or
(2)
Licensees experiencing disability, illness, or other extenuating
circumstances which would prevent the licensee from completing the required
continuing education hours shall apply in writing to the board for a waiver
pursuant to Sep 219.01.
(b) Relevant supporting documentation shall be
furnished to the board when necessary for a fair and informed determination by
the board.
Source. #12654, eff 10-31-18
Sep
403.06 Waiver of Continuing Education
Deadline. A waiver of continuing
education deadlines shall be granted provided that a petition to that effect is
filed at least 30 days before the expiration of the biennial renewal period in
question or that late filing is justified by a showing of good cause. Good cause shall include accident, illness,
or other circumstances beyond the control of the licensee. No waiver petition shall be granted which
does not propose a specific timetable for completing specific courses which
will meet the petitioner’s continuing education deficiency.
Source. #12654, eff 10-31-18
CHAPTER Sep 500 ETHICAL STANDARDS
PART Sep 501 ETHICAL STANDARDS AND PROFESSIONAL CONDUCT
Sep
501.01 Purpose and Scope.
(a) To establish and maintain a high standard of
integrity, skills, and practice in the practice of home inspection, the
following rules of professional conduct are adopted in accordance with
(b) The rules shall be binding upon every person
holding a license issued by the board.
Source. #12654, eff 10-31-18
Sep
501.02 Obligation To Obey.
(a) The professional standards set forth in this
part shall bind all licensees, and violation of any such standard shall result
in disciplinary sanctions. Conduct
proscribed by these ethical standards, when performed by a candidate for
licensure as a home inspector in this state, or during a prior period of
licensure, shall result in denying a license application.
(b) All persons licensed under
Source. #12654, eff 10-31-18
Sep
501.03 Code of Ethics. The ethical standards binding licensees shall
be the code of ethics pursuant to RSA 310-A:205.
Source. #12654, eff 10-31-18
CHAPTER Sep 600 STANDARDS OF PRACTICE
PART Sep 601 PURPOSE AND SCOPE
Sep
601.01 Purpose and Scope.
(a) The purpose of this chapter is to:
(1) Establish minimum standards of practice for
conducting septic system evaluations; and
(2) Provide the public with objective information
regarding the condition of the systems and components of the septic system as
inspected at the time of the inspection.
(b) This chapter shall apply to every person
licensed by the board.
(c) These standards of practice shall be
applicable to onsite septic systems, individual residential homes, and
commercial properties.
Source. #12841, eff 7-30-19
PART Sep 602 DEFINITIONS
Sep 602.01 Definitions.
(a) “Approved plans and specifications” means the
approved plan, the construction approval, the operational approval, and the
maintenance pamphlet, “You and Your Septic Systems”, published by the department of environmental services.
(b) “Bed” means the portion of an effluent
disposal area that contains the leach lines,
exclusive of any fill extensions.
(c) “Cesspool” means an underground pit into
which is discharged raw or partially- treated sewage or other essentially
untreated wastes and from which the liquid seeps or leaches into the surround
soil. The term includes cesspit and effluent disposal cesspool.
(d) “Commercial” means any use that is not solely
residential as defined in Env-Wq 1002.59.
(e) “Construction approval” means written
approval for construction of a proposed individual sewage disposal system.
(f) “Conventional pipe and stone system” means an
individual sewage disposal system in
which effluent is dispersed through small-diameter pipe that is perforated only
on the lower half and that lies within a bed of septic stone.
(g) “Deficiency” means the quality or state of
being defective or of lacking some necessary quality or element.
(h)
“Department of environmental services (DES)” means the New Hampshire department
of environmental services, located at 29 Hazen Drive, Concord, NH 03301.
(i)
“Department staff” means an employee or agent of DES who is authorized by the
department to review and discuss preliminary plans for subdivision or ISDS, or
both, to advise on modifications, and to approve plans for subdivisions or
ISDS, or both, and installations of ISDS for the department.
(j)
“Design intent” means a statement of actual bottom elevation of the bed in
relation to an established reference elevation on site, in accordance with Env-Wq 1003.06(a)–(g).
(k) “Distribution box (D-Box)” means a box that
is designed to insure equal distribution of effluent to the leach line and the
bottom of each outlet line from the distribution box is the same height within
the box.
(l) “Domicile” means that place where an
individual has his or her true, fixed, and permanent home and principal
establishment, and to which, whenever he or she is absent, he or she has the
intention of returning. An individual might have more than one residence, but
has only one domicile.
(m) “Drainage swale” means a vegetated area where
waters flow to such a limited extent that neither channels nor wetlands
vegetation develop.
(n) “Dry well” means an effluent disposal area
constructed as a covered, underground pit with an open-jointed or perforated
lining and surrounded with septic stone, into which effluent is discharged for final disposal into the
surrounding soil.
(o) “Effluent” means the liquid component of
sewage after solids have settled out.
(p) “Effluent disposal area (EDA)” means an area
designed for the final disposal of effluent, including the bed and any required
fill extensions, in which effluent is dispersed using leach lines or dry wells.
(q) “Expansion” means an increase in the design
flow, based on Env-Wq 1008.03, over the existing design flow for an existing
structure or an increase in the size of the footprint or ridgeline of an
existing or former structure.
(r) "Failure" means
“failure” as defined in RSA 485-A:2, IV, namely “the condition produced when a
subsurface sewage or waste disposal system does not properly contain or treat
sewage or causes the discharge of sewage on the ground surface or directly into
surface waters, or the effluent disposal area is located in the seasonal high groundwater table.”
(s) “Fair” means a system is in middle age which
might be ponded at the bottom.
(t) “Free of fines” means free of small particles
such as silts or clay.
(u) “Gallons per day (GPD)” means the standard
measure of water or wastewater flow in a
24-hour period.
(v) “Good” means a system which shows little or
no ponding in the EDA bottom, in system types where the EDA bottom is
observable.
(w) “Gray water” means residential wastewater
other than from a urinal or a toilet.
(x) “Grease trap” means a tank or series of tanks
into which wastewater that contains grease is discharged, where grease floats
to the water’s surface and is retained while the water below is discharged.
(y) “Holding tank” means a sealed tank with no
outlet to a dry well or other effluent disposal area and which stores septage
or other wastes until the wastes can be pumped out and hauled to an approved
disposal site. A holding tank is not an individual sewage disposal system as
defined in Env-Wq 1002.36.
(z)
“Increase the load on a sewage disposal system,” as used in RSA
485-A:38, means:
(1) In an existing residential building, adding
bedrooms or converting existing rooms
to additional bedrooms;
(2) Converting from seasonal to full-time use or
occupancy, as specified in Env-Wq 1004.23(b);
(3) Converting from residential use only to
residential plus commercial use or commercial use only; or
(4) Changing or adding to an existing commercial
use so as to increase the flow as calculated using Env-Wq 1008.03.
(aa) “Individual sewage disposal system (ISDS),”
also known as the septic system, means any wastewater disposal or treatment
system, other than a system regulated under Env-Wq 700, which receives sewage
or other wastes, or both, including septic tank leach field systems, privies or
dry pit toilets, and incinerator-type toilets such as gas-operated, electric,
fossil- fueled or any combination thereof. The term does not include “cesspool”.
(ab) “Innovative/Alternative waste treatment” means “innovative /alternative waste
treatment” as defined in RSA 485-A:2, XXI.
The term includes ISDS that incorporate technology approved by DES
pursuant to Env-Wq 1024.
(ac) “Inspection” means an overview by DES or by
DES’s designee of the effluent disposal system to ensure that the installed
system is in compliance with the approved plans and specifications.
(ad) “Installation” means to establish or
construct an effluent disposal system in a indicated place.
(ae) “Invert” means the bottom of any structure,
for example, the invert of a pipe is the bottom of the pipe.
(af) “Large disposal system” means an individual
sewage disposal system which is designed for a flow of more than 2,500 gallons
of sewage per day.
(ag) “Leach line” means the component of an
individual sewage disposal system, other than a dry well, which actually
disperses effluent, such as a large- diameter graveless pipe, a chamber, a
small-diameter perforated pipe, or some other technology approved pursuant to
Env-Wq 1024.
(ah) “Manufactured housing park (MHP)” means
“manufactured housing park” as defined in RSA 205-A:1,II, namely “any parcel of
land under single or common ownership or control which contains, or is
designed, laid out or adapted to accommodate 2 or more manufactured houses.”
The term does not include premises used solely for storage or display
manufactured housing.
(ai) “Operational approval” means written approval
to cover and use or operate the constructed
ISDS, which is issued only after inspection by DES staff under RSA
485-A:29, I.
(aj) “Permitted designer” means an individual who
holds a current authorization under RSA 485-A:35, I, to design an ISDS.
(ak) “Permitted installer” means an individual who
holds a current authorization under RSA 485-A:36, I, to install an ISDS.
(al) “Poor” means a system that is nearing the end
of its useful life under the current load, but is not yet failing.
(am) “Probing” means the digging into the EDA by
means of hand tools such as a metal probe, auger, soil spade, or similar tool.
(an) “Recreational campground“ means a parcel of
land on which 2 or more campsites are occupied or are intended for temporary
occupancy for recreational dwelling purposes only, and not for permanent
year-round residency. The term does not
include recreation camps as defined in RSA 485- A:23.
(ao) “Septic tank” means a settling unit designed
to remove substantially all settleable solids.
(ap) “Small disposal system” means an individual
sewage disposal system, which disposes up the and including 2500 gallons of
sewage per day.
(aq) “Standard dimension ratio (SDR)” means the
ratio of pipe diameter to pipe wall thickness.
(ar) “Surface water of the state” means perennial
and seasonal streams, lakes, ponds and
tidal waters within the
jurisdiction of the state, including all streams, lakes, or ponds bordering on
the state, marshes, water courses, and other bodies of water, natural or
artificial.
(as) “Trench” means an effluent disposal system in
which the leach lines are separated by a specific amount of soil constructed either
of stone and pipe or where other EDA components are used in trench
configuration.
(at) “Trench system” means an individual sewage
disposal system in which the leach lines are separated by a vertical barrier of
soil.
(au) “Watercourse” means a channel providing for
the conveyance of water, whether natural or artificial, which is scoured,
indicating periods of concentrated flow.
The term does not include drainage swales and areas of poorly drained
soils as defined in Env-Wq 1002.51 in which no scour channel exists.
(av) “Wetland” means “wetlands” as defined in RSA
482-A:2, X, namely, “an area that is inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that under
normal conditions does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions.”
The term include swamps, marshes, bogs, and similar areas.
Source. #12841, eff 7-30-19
PART Sep 603 SEPTIC SYSTEM EVALUATION REPORT REQUIREMENTS
Sep 603.01 Minimum Requirements for Septic System
Evaluation Reports. Reports prepared
by licensees pursuant to this chapter shall, at a minimum contain the following
information:
(a)
The client’s name that is ordering the report;
(b) The
following information available off-site, provided by the owner or agent, if
available prior to inspection:
(1) Property location, including street address,
tax map number, and lot number;
(2) Owners’ name;
(3) Research tax card, DES OneStop Data and
Information, Online Searchable Database, and town files;
(4) Type of use, whether residential or commercial;
(5) Current use or vacant building;
(6) State approval and plans;
(7) Year the building was constructed;
(8) Year the septic system was installed;
(9) Whether a garbage disposal is present;
(10) Whether a hot tub or a soaking tub is present;
(11) Any water system conditioners backwashed into EDA;
(12) Identification of basement bathrooms with
injector pumps;
(13) Pumping records if known; and
(14) Whether any separated systems such as laundry
or other disposal systems are present.
(c)
The following information obtained from the on-site evaluation: if the
following information cannot be obtained or is
pertinent the evaluator must state why or be
provided by the owner or agent:
(1) Date of inspection;
(2) Whether the site differs from existing plans
and town or state information;
(3) Type of system found;
(4) When digging, what was found, and how many
holes;
(5) Information relative to root infiltration;
(6) The approximate size of the system;
(7) Current weather conditions;
(8) Information relative to any innovative
technology used;
(9) Whether the D-Box was evaluated;
(10) Condition of the system;
(11) Type of system;
(12) The following information concerning the
septic tank:
a.
The estimated size and type;
b.
Pumping schedule from owner;
c.
Whether baffles are present
and what type;
d.
Whether the tank was pumped at time of
inspection;
e.
Liquid levels;
f.
Scum and sludge depths;
g.
Tank condition;
h.
Tank accessibility; and
i.
Whether effluent filter is present;
(13) Whether there is a pump station present and,
if so:
a.
Whether the pump is operational;
and
b.
Whether any alarms are present;
(14) Whether there is a municipal or observable
onsite well and, for onsite wells, the well
radius, distance to well if known;
(15) Overall site condition, as evidenced by photos, sketches, or state approved septic plan(s);
(16) A notation if no field is located;
(17) Proprietary
standards; and
(18) If access to basement is available, check for
gray matter effluent line;
(d)
The evaluator’s license number;
(e)
A report of those systems and components that, in the professional
opinion of the evaluator, are not functioning properly, are damaged, or are
unsafe;
(f)
Any recommendations to correct, or monitor for future correction,
deficiencies reported in Sep
603.01(b) or items needing further evaluation;
and
(g)
An evaluator shall not make comments on the life of the system.
Source. #12841, eff 7-30-19
PART Sep
604 ETHICAL STANDARDS AND STANDARDS OF
CONDUCT
Sep 604.01 Standards of Conduct.
(a)
Nothing in this chapter shall preclude septic system evaluators from
providing other
inspection
services or including, as part of their evaluation, systems and components in
addition to those required in Sep 603.01(a).
(b)
Evaluators shall not exclude any systems or components listed in Sep 603
from the evaluation if requested by the client
and noted on the evaluation.
(c)
Probing shall be required,
unless the following conditions are present:
(1) When weather conditions, such as frost and
snow cover prevent the ability to probe;
(2) When the system depth is so deep that
conventional probing can’t take place without mechanical machines; or
(3) When probing is not required because other
observations have made it unnecessary.
(d) The evaluator shall not have to
determine methods or materials necessary to
correct any deficiencies noted in the evaluation report.
(e)
The evaluator shall not project the cost(s) of repair(s) for any
deficiency noted in the evaluation report.
(f)
The evaluator shall not provide any engineering or design services
unless qualified pursuant to RSA 310-A:201,
IV.
(g)
The evaluator shall not be required to enter any area if, in the opinion
of the evaluator, entry into such area:
(1) Is likely to be dangerous to the inspector or
other persons; or
(2) Will cause damage to the property, its
systems, or components.
(h)
If the system is in failure as per the definition, the evaluator shall
advise the client that he or she should contact a designer.
(i)
Evaluations of proprietary systems shall be based on manufacturer standards.
Source. #12841, eff 7-30-19
CHAPTER
Sep 700 BOARD APPROVAL OF PRE-LICENSING
EDUCATION AND FIELDWORK PROGRAMS
PART
Sep 701 APPROVAL OF PRE-LICENSING
EDUCATION AND FIELDWORK
Sep
701.01 Basic Requirements for Approval. The board shall approve any
individual or organizational
provider of pre-licensing education and fieldwork that meets the following
minimum requirements:
(a) Provision of
at least 6 hours of classroom study in accordance with Sep 701.02;
(b) Provision of
at least 6 hours of field study in accordance with Sep 701.02; and
(c) Administration of
a written or oral exam, with a minimum passing score of 80%.
Source. #13111, eff 9-24-20
Sep
701.02 Course Requirements. Approved pre-licensing classroom and
field-work providers shall require, as part of the programs expected outcomes,
that students:
(a) Be able to address the physical and
operational condition of the on-site effluent disposal area and describe
observed deficiencies;
(b) Are familiar with septic tanks, including:
(1) When pumping is not needed due to new or
low flow conditions; and
(2) Proper scum and sludge
thicknesses;
(c) Are
familiar with the different ways for a D-Box to distribute effluent;
(d)
Understand
relevant sections of Env-Wq 1000;
(e) Are familiar with conventional pipe and stone
systems, dry wells, cesspools, concrete, fabric, plastic, and aerobic treatment
units;
(f) Can
read plans and locate the system;
(g) Know
where to find information pertaining to systems being evaluated;
(h)
Are able to determine whether the EDA is
in good, fair, or poor condition, discuss the process of failure and the proper
steps to address suspected failure; and
(i) Are familiar with the minimum reporting
requirements outlined in Sep 603.
Source. #13111, eff 9-24-20
Sep
701.03 Approval Procedures. Any individual or organizational entity
seeking approval from the board to provide pre-licensing education and
fieldwork programs shall submit:
(a) A “Septic System Evaluator Training Program
Application”, effective 2/2019; and
(b) A general outline of the education and
fieldwork programs, including but not limited to:
(1) The total number of hours;
(2) The expected
course outcomes;
(3) Syllabus;
(4) Materials;
(5) Minimum
requirements of Sep. 603 and Sep.701.02;
(6) Information
and basic knowledge on proprietary systems; and
(7) Credentials of
the instructor(s).
Source. #13111, eff 9-24-20
APPENDIX
Rule |
Specific State Statute the Rule Implements |
Sep 101.01 |
RSA 310-A:202 |
Sep 102.01 |
RSA 310-A:203 |
Sep 103.01 |
RSA 310-A:202 |
Sep 103.02 |
RSA 310-A:206, I |
Sep 103.03 |
RSA 310-A:206, VII |
Sep 103.04 |
RSA 310-A:206, VII |
Sep 103.05 |
RSA 541-A:16, I(b) |
Sep 104.01 |
RSA 310-A:206, VIII |
Sep 104.02 |
RSA 541-A:16, I(b) |
Sep 105.01 |
RSA 310-A:206, VII |
Sep 105.02 |
RSA 310-A:206, VII |
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Sep 201.01 |
RSA 541-A:16, I (b) |
Sep 201.02 |
RSA 541-A:16, I (b) |
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Sep 301.01 |
RSA 310-A:207, I (a), (e) |
Sep 301.02 |
RSA 310-A:207, I (a); RSA
310-A:211 |
Sep 301.03 |
RSA 310-A:207, I (e); RSA
310-A:208 |
Sep 301.04 |
RSA 310-A:207, I (e); RSA
310-A:208 |
Sep 302.01 |
RSA 310-A:207, I (b); RSA
310-A:210 |
Sep 302.02 |
RSA 310-A:207, I (a); RSA
541-A:16, I (b), intro. |
Sep 303.03 |
RSA 310-A:207, I (h) |
Sep 302.04 |
RSA 310-A:207, I (h) |
Sep 303.01 |
RSA 310-A:207, I (i), II |
Sep 303.02 |
RSA 310-A:207, I (b); RSA
310-A:210, II-IV |
Sep 304.01 |
RSA 310-A:207, I (a); RSA 310-A:214;
RSA 541-A:16, I (b) intro. |
Sep 305.01 |
RSA 310-A:207, I (j); RSA
310-A:213; RSA 541-A:16, I (b) intro. |
Sep 305.02 |
RSA 310-A:207, I (j); RSA
310-A:213; RSA 541-A:16, I (b) intro. |
Sep 305.03 |
RSA 310-A:207, I (j); RSA
310-A:213; RSA 541-A:16, I (b) intro. |
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Sep 401.01 |
RSA 310-A:207, I (d); RSA
310-A:215 |
Sep 401.02 |
RSA 310-A:207, I (d), (e); RSA
310-A:215 |
Sep 401.03 |
RSA 310-A:207, I (d) |
Sep 401.04 |
RSA 310-A:207, I (d); RSA
541-A:16, I (b), intro. |
Sep 401.05 |
RSA 310-A:207, I (d) |
Sep 401.06 |
RSA 310-A:207, I (d); RSA
541-A:16, I (b), intro. |
Sep 402.01 |
RSA 310-A:207, I (g); RSA
310-A:216 |
Sep 402.02 |
RSA 310-A:207, I (g); RSA
310-A:216 |
Sep 402.03 |
RSA 310-A:207, I (g), (k); RSA
310-A:216 |
Sep 402.04 |
RSA 310-A:207, I (g), (k); RSA
310-A:216 |
Sep 403.01 |
RSA 310-A:207, I (d), (h); RSA
310-A:212 |
Sep 403.02 |
RSA 310-A:207, I (d), (h); RSA
310-A:212 |
Sep 403.03 |
RSA 310-A:207, I (d), (h); RSA
310-A:212 |
Sep 403.04 |
RSA 310-A:207, I (c), (d), (h);
RSA 310-A:212 |
Sep 403.05 |
RSA 310-A:207, I (d), (h); RSA
310-A:212 |
Sep 403.06 |
RSA 310-A:207, I (d), (h); RSA
310-A:212; RSA 541-A:16, I (b), intro. |
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Sep 501.01 |
RSA 310-A:207, I (f); RSA
310-A:205 |
Sep 501.02 |
RSA 310-A:207, I (f); RSA
310-A:205 |
Sep 501.03 |
RSA 310-A:207, I (f); RSA
310-A:205 |
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Sep 601.01 |
RSA 310-A:207, I(f); RSA
310-A:204 |
Sep 602.01 |
RSA 310-A:207, I(f); RSA
310-A:204 |
Sep 603.01 |
RSA 310-A:207, I(f); RSA
310-A:204 |
Sep 604.01 |
RSA 310-A:207, I(f); RSA
310-A:204 |
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Sep 701.01 |
RSA 310-A:207, I(h); RSA
310-A:210, I(a) |
Sep 701.02 |
RSA 310-A:207, I(h); RSA
310-A:210, I(a) |
Sep 701.03 |
RSA 310-A:207, I(h); RSA
310-A:210, I(a) |