§ 52.09 INSTALLATION.
   (A)   Installer certification.
      (1)   No person shall perform any system install until the person is certified by the County Health Department as an acceptable installer for the type of system to be installed (“certified installer”).
      (2)   In order to become a certified installer, an individual must meet requirements (a) through (c) below (such requirements collectively, “certification”):
         (a)   Demonstrate knowledge of applicable law and other applicable rules and regulations by passing a proficiency examination conducted by the County Health Department (“exam”) or provide documentation verifying certification through Indiana On-Site Wastewater Professionals Associations (IOWPA).
         (b)   Present proof of liability insurance issued by a company registered in the state showing coverage for the entire term of the certification. The liability policy shall be sufficient to indemnify persons for whom faulty work may be performed or a minimum of $100,000.00.
         (c)   Pay an initial fee that conforms to the fee schedule ordinance approved by the Commissioners.
      (3)   Any certification issued hereunder shall be valid for a term of one year beginning January 1 and expiring December 31 of the same year and shall be renewed annually. A certification shall bear the name and address of the certified installer and the expiration date and shall not be transferable. Any certification that is not renewed within 60 days of the expiration date shall be considered void and the expired installer must again pass the exam or provide active IOWPA documentation.
      (4)   A certified installer shall maintain in his or her possession a copy of the certification at all times when installing systems.
      (5)   A certified installer shall be on the site at all times during construction and shall be deemed responsible for the installation. A certified installer may supervise other construction workers as necessary to assist in the installation.
      (6)   Prior to any such installation, a property owner wishing to perform a system install that would serve his or her own dwelling shall pass the exam or provide IOWPA documentation.
   (B)   Fees.
      (1)   A fee shall be submitted prior to issuance of certification. A fee shall also be assessed for annual renewal of certification and shall also be submitted prior to issuance of the renewed certification. Any fees hereunder shall conform to the fee schedule ordinance approved by the commissioners.
      (2)   A property owner as described in § 52.09(a)(6) shall be exempt from the certification fee.
   (C)   Enforcement.
      (1)   Any person found to be in violation of any provision of this chapter or applicable law shall receive notice of the violation from the Health Department or its designee. The person shall have up to 30 days to correct the violation.
      (2)   If the violation is not corrected within the designated time, the Health Officer may suspend or revoke the certification. If the certification is inactive, the Health Officer, upon correction of all applicable violations, may reinstate the certification. If the certification is revoked, the requirements of § 52.09(a)(2) must be met prior to recertification. Recertification shall not occur until all outstanding violations are corrected in accordance with applicable law.
      (3)   Any person performing system installs without certification shall be deemed to be in violation of the chapter. Such violation shall be fined for the first offense not more than $500; for the second and each subsequent offense not more than $1,000 per offense.
(Ord. 2013-3, passed 5-13-2013) Penalty, see § 96.99