(A) Applications for a license to construct, install, replace, alter, modify, or repair a residential sewage disposal system or commercial on-site wastewater disposal facility shall be submitted upon forms provided by the Department and shall be accompanied by the fee established by the Town Council, from time to time. The application shall disclose the type of license requested, namely, residential, commercial, or combination.
(B) (1) No license shall be issued by the Department unless the applicant has demonstrated a working knowledge of the laws, rules, and regulations pertaining to the type of system for which a license is to be issued, namely:
(a) Residential Rule 410 and this subchapter for a residential license;
(b) Commercial Rule 410, State Department of Health Bulletin S.E. 13, and this subchapter for a commercial license; or
(c) Residential Rule 410, Commercial Rule 410, Bulletin S.E. 13 and this subchapter for a combination license.
(2) Minimum required knowledge shall be demonstrated by a score of at least 82% on a standardized written proficiency examination to be administered by the Department; provided, that in the event that the reading or language skills of the applicant would preclude the use of a written examination, an oral exam may be given by the Department; and provided further, that if the applicant is not a natural person, the examination shall be administered to a designated representative who shall be an officer, partner, official, or employee of the applicant.
(C) The following terms and conditions shall apply to a license and the issuance thereof under this section:
(1) A license shall expire on the anniversary of its issuance;
(2) If a license is continually renewed, re-examination shall not be required;
(3) Opportunity for re-examination shall be afforded persons failing to pass the license exam, but no more frequently than once every 30 days;
(4) The standardized examination may be revised by the Department, from time to time, and more than one comparable version may be administered;
(5) A list of those persons holding a valid license under this section may be made available to the public; and
(6) A licensee may be required by the Health Officer to attend one educational class or program annually pertaining to sewage disposal to be conducted by the Department or the State Department of Health.
(D) A license issued under this section may be suspended or revoked if the licensee shall be found by the Health Officer to have committed any act prohibited by § 53.095, any act that might result in the denial or revocation of a construction permit issued hereunder, or violated any term or provision of this subchapter, to include Residential Rule 410, Commercial Rule 410 and State Department of Health Bulletin S.E. 13, pertaining to the system or facility for which the license was issued. Notice of suspension or revocation shall be in writing, shall specify the acts or violations committed, and shall be served upon the licensee as permitted by § 53.101.
(2005 Code, § 53.100) (Ord. 98-04, passed 2-17-1998)