(A) Except for the owner working on the on-site private sewage system serving the dwelling in which he or she lives, no person shall construct, install, replace, alter or repair any private on-site sewage system in the county unless the person is registered with the Health Department. Application for registration shall be on forms provided by the Health Department. Failure to obtain or renew registration prior to system installation will be subject to a late fee per the Health Department Fee Schedule Ordinance.
(B) Every person required to register under this section shall be knowledgeable of all laws, rules and regulations of both the state and the county governing private on-site sewage systems. The applicant for registration must demonstrate knowledge of the applicable laws, rules and regulations before becoming registered by passing a proficiency exam conducted by the Health Department with a score of 80 or higher. All tests shall be multiple choice, true or false, and non-open book format consisting of 40 questions. The registration exam shall be reviewed from time to time to determine its applicability to current laws, rules and regulations. The exam questions shall not be changed except for order or format without review and approval by two designated representatives of the Builders Association of Elkhart County and by two registered on-site private sewage system contractors. After satisfactory completion of two different ECHD examinations, only the registration fee will be required to renew registration. IOWPA certification may serve as the second satisfactory completion upon presentation of credentials which are valid and in effect for the period of registration. An owner wishing to install, repair or otherwise work on the private on-site sewage system serving the dwelling in which he or she lives shall be required to demonstrate knowledge of the applicable laws, rules and regulations by completing the same proficiency exam conducted by the Health Department. Where taking a written exam is not feasible, due to language or reading difficulties, arrangements will be made to allow for a verbal examination to assure proficiency. Opportunity for re-examination of registered installers shall be afforded to an applicant upon request but no more frequently than once every seven days. At the request of the Health Officer, but not more often than once per year, a person registered under this section shall attend a course on private on-site sewage systems and installation conducted by the Health Department or the state.
(C) Registrations under this section shall expire annually on June 30.
(D) Whenever the Health Officer determines that there has been a violation of any provision of this subchapter or the applicable rules and regulations of the Indiana State Department of Health by a person registered under this section, the Health Officer shall give written notice, in person or by certified or registered mail, of the alleged violation to the person to whom registration was granted. Such notice shall include:
(1) A statement of the alleged violation; and
(2) An order allowing a reasonable time, up to 14 days or as otherwise determined by the Health Officer, for the performance of any act required to correct the violation.
(E) If the violation is not corrected within the designated time, the Health Officer may suspend or revoke the registration subject to the provisions for hearing contained in § 52.32. If the registration is suspended, the registration can be reinstated by the Health Officer upon correction of all violations. If registration is revoked, the requirements for becoming registered including testing and the payment of the registration fee apply prior to re-registration. Re-registration shall not occur until all outstanding violations are corrected to the satisfaction of the Health Officer.
(F) Any person constructing, installing, replacing, altering or repairing, any private on-site sewage system who is not registered under the provisions of this section shall be deemed to be in violation of this subchapter and subject to all penalties described herein.
(Ord. 2012-153, passed 4-16-2012) Penalty, see § 52.99