§ 51.15  LICENSES AND REGISTRATIONS.
   (A)   Contractor licenses.
      (1)   Any company, partnership or corporation that installs or repairs a septic system in the county shall first obtain a contractor license from the Health Department except as provided in division (A)(2)(f) below.
      (2)   Any person applying for a contractor license shall:
         (a)   Complete an application as prescribed by the Health Department;
         (b)   Pay a nonrefundable license fee annually to the Health Department as prescribed by the County Commissioners; and
         (c)   Provide a bond made payable to the Health Department according to the following requirements.
            1.   The bond shall be made payable to cover the costs when the contractor fails to pay for:
               a.   Repairing work performed in violation of this chapter, and the lawful orders of the Health Department;
               b.   Penalties applied to a contractor for violation of Rule 410, this chapter and the lawful orders of the Health Department as assigned by the Health Department consistent with §§ 51.50 and 51.99; or
               c.   The Health Department’s cost of enforcing violations consistent with §§ 51.50 and 51.99.
            2.   The amount of the bond shall be:
               a.   For persons installing gravity feed septic systems only, $10,000; and
               b.   For persons installing gravity feed and other types of septic systems, $20,000.
         (d)   The term of the bond shall be one year and shall be renewed each year on January 31.
         (e)   Only one bond shall be required for any company, partnership or corporation applying for a contractor license.
         (f)   Residential property owners may install their own septic systems without obtaining a contractor or installer license or providing a bond to the Health Department if they:
            1.   Sign the “Homeowner Agreement” form supplied by the Health Department;
            2.   Obtain the appropriate septic installation permit;
            3.   Comply with all applicable laws, regulations and lawful orders of the Health Department;
            4.   Participate in a preconstruction meeting with the Health Department; and
      (3)   Contractor licenses expire annually on January 31 and fees shall not be pro-rated based upon licensing date.
   (B)   Installer and inspector licenses.
      (1)   Any person who installs or repairs gravity feed septic systems shall first obtain a gravity feed septic system installer license from the Health Department.
      (2)   Any person who installs or repairs pump assisted septic systems shall first obtain a pump assisted septic system license from the Health Department.  A pump assisted septic system license shall also include a gravity feed septic system license.
      (3)   Any person who conducts a septic inspection for compliance with the property transfer provisions of the Source Water Protection Ordinance set forth in §§ 52.001 through 52.014 shall first obtain a septic system inspector license from the Health Department.
      (4)   Any person applying for a license identified above shall:
         (a)   Complete an application as prescribed by the Health Department;
         (b)   Pay a nonrefundable license fee annually to the Health Department as prescribed by the County Board of Commissioners; and
         (c)   Pass the appropriate test administered by the Health Department.
      (5)   Any person applying for a license shall first pass an open book test administered by the Health Department consistent with the following requirements.
         (a)   Separate tests shall be administered for gravity feed, pump assisted systems licenses and septic inspector licenses.
         (b)   The tests shall address the laws, regulations and technical principles associated with installing, repairing and inspecting septic systems, as appropriate.
         (c)   Any person who passes the appropriate test shall be exempt from any requirement to retake the test for a period of three years unless ordered by the Health Department to retake the test as part of a corrective action order.
         (d)   There shall be no cost for the test.
         (e)   Any person failing a test may retake the test after a period of seven calendar days.
         (f)   Any person who has a current pump assisted installation license shall be exempt from taking the test for an inspector’s license.
         (g)   Any person who holds a current contractor or installer license shall be exempt from the fee for an inspector license.
         (h)   The Health Department may, at its discretion, accept a testing and certification process implemented by another party in place of testing required herein.
      (6)   At least one person with the appropriate installer license shall be on site at all times when a septic system is being installed, replaced or repaired, including backfilling, except as provided in division (A)(2)(f) above.
      (7)   Installer licenses expire annually on January 31 and fees shall not be pro-rated based upon licensing date.
   (C)   Tank and distribution box manufacturer registration.
      (1)   No tank or distribution box may be used in a septic system unless the specifications for the tank or distribution box have been registered with and approved by the Health Department.
      (2)   An applicant for approval of a tank or distribution box shall:
         (a)   Submit an application to the Health Department on forms provided by the Health Department;
         (b)   Provide the specifications for the design upon request; and
         (c)   Provide a copy of the manufacturer’s ISDH approval, if ISDH approval is required.
      (3)   There shall be no fee to register as a septic tank or distribution box manufacturer.
   (D)   Soil scientist registration.
      (1)   Only soils data collected, analyzed and reported by persons registered with the Indiana Registry of Soil Scientists and approved by the Health Department shall be accepted for use in developing specifications for septic systems.
      (2)   The Health Department shall approve any soil scientist who:
         (a)   Submits a written request to the Health Department to be on the list of approved soil scientists;
         (b)   Is in good standing with the Indiana Registry of Soil Scientists;
         (c)   Does not have a history of repeatedly submitting deficient or incorrect soils information, as determined by the Health Department; and
         (d)   Does not have any unresolved violations of this chapter.
      (3)   The soil scientist shall be required to reregister with the Health Department every three years.
      (4)   The Health Department may issue policies and procedures for collecting and reporting soils data to be used for septic permit applications and septic decisions and recommendations issued by the Health Department.  Soil scientists who perform soil evaluations for septic permits in St. Joseph County shall comply with all policies and procedures established by the Health Department.
      (5)   Any soil scientist who fails to follow the provisions of this chapter or the lawful orders of the Health Department shall be subject to the enforcement provisions contained in § 51.50 and the penalties contained in § 51.99.
(Ord. 58-07, passed 7-17-2007; Am. Ord. 61-11, passed 5-10-2011; Am. Ord. 26-13, passed 5-14- 2013)  Penalty, see § 51.99