310 CMR, § 15.340 - Approval of System Inspectors

(1) System Inspectors who perform inspections pursuant to 310 CMR 15.301 shall be approved by the Department and shall be limited to:

(a) Massachusetts Registered Professional Engineers with a concentration in civil, sanitary or environmental engineering; Massachusetts Registered Sanitarians; or Massachusetts Certified Health Officers;

(b) Board of Health members or agents with at least one year of experience at the time of application; Engineers in Training (EIT certified) with a concentration in civil, sanitary or environmental engineering; Massachusetts licensed home inspectors and associate home inspectors as defined in St. 1999, c. 146, licensed septage haulers; dispoal system installers; or other individuals with a minimum of one year of demonstrated experience in septic system design or inspection, who have attended training provided or authorized by the Department; and who have passed an examination prepared and administered by the Department or an agent authorized by the Department to qualify as an approved System Inspector pursuant to 310 CMR 15.340(4); or

(c) Individuals certified as on-site inspectors by the National Sanitation Foundation or other certifying organizations approved by the Department.

(2) Individuals who qualify pursuant to 310 CMR 15.340(1) shall apply to the Department, or an agent authorized by the Department, for approval to perform inspections required under 310 CMR 15.000. Such application shall demonstrate satisfactorily to the Department, or an agent authorized by the Department, the qualifications of the applicant and shall be accompanied by a fee as established by the Department.

(3) No persons other than those listed at 310 CMR 15.340(1) may perform inspections required by 15.301.

(4) The Department may approve System Inspectors who attend training provided or authorized by the Department and pass a standard examination prepared and administered by the Department or an agent authorized by the Department. Said examination shall be designed to establish the fitness of the applicant for certification to assess the condition and function of on-site systems and to determine whether maintenance, including repair or replacement of system components, is necessary.

(5) The passing score for the examination shall be 75% correct answers to all questions posed. Any person who is denied approval as a System Inspector based on his or her failure to pass the examination given by the Department, or an agent authorized by the Department, may request, and is entitled to receive, a written statement of the basis for denial.

(6) The Department, or an agent authorized by the Department, shall maintain a list of all approved System Inspectors. The list shall be available for inspection or examination by any person.

(7) The Department may revoke or suspend the approval and/or listing of a System Inspector approved pursuant to 310 CMR 15.340(1) for a time specified by the Department, during which time the inspector may not reapply to become a System Inspector, after opportunity for a hearing conducted pursuant to M.G.L. c. 30A, when it determines that the System Inspector has failed to comply with 310 CMR 15.000 with respect to the inspection of one or more systems including, without limitation:

(a) the inspector has falsified or fraudulently altered a system inspection report or misrepresented the results of an inspection;

(b) the inspector has conducted a system inspection which does not comply with 310 CMR 15.000 and has incorrectly passed or failed the system;

(c) the inspector has failed to submit or accurately complete a system inspection report as required by 310 CMR 15.000; or

(d) the inspector has engaged in deceptive practices. Reinstatement following revocation shall be by written examination only.

(8) Based on a System Inspector's noncompliance with 310 CMR 15.000, the Department, by issuance of an order, may require the System Inspector, among other things, to attend or repeat the System Inspector training course and/or to take or retake the System Inspector examination described in 310 CMR 15.340(4).

(9) It shall be a violation of 310 CMR 15.000 for any person to falsify, misrepresent or fraudulently alter a system inspection report or the results of an inspection.

(10) System Inspectors shall submit the results of their inspection within 30 days of completing the inspection on a System Inspection Report form approved by the Department to the Approving Authority together with the signed statement at the bottom of the form certifying that the inspection has been performed and any recommendations regarding upgrade, repair, or maintenance of the system made by the System Inspector on the form were made consistent with the Inspector's training and experience in the maintenance and proper functioning of on site systems.

(11) System Inspectors may perform system inspections required by 310 CMR 15.301 while acting as an agent of an Approving Authority (a fee may be assessed pursuant to M.G.L. c. 40, § 22F), or as an independent agent of the system owner.

(12) System Inspectors initially approved by the Department prior to January 1, 2005, shall apply to the Department, or an agent authorized by the Department, to renew their approval by January 1, 2007. System Inspectors initially approved by the Department after January 1, 2005, shall apply to the Department, or an agent authorized by the Department, to renew their approval at least 90 days prior to the expiration of the three years following their approval date. Provided that a System Inspector timely files a complete renewal application, the System Inspector's approval shall not expire until the Department issues a final determination on the renewal application. A fee established by the Department shall accompany each renewal application; any application that does not include the fee shall be deemed incomplete. The approval of a renewal application shall expire three years from the date of issuance. Each System Inspector thereafter shall file a complete renewal application at least 90 days prior to the expiration date of his/her most recent approval.

(13) Beginning in 2010, at the time of filing any subsequent renewal application in accordance with 310 CMR 15.340(12), a System Inspector shall demonstrate that he or she has earned ten Training Contact Hours in the previous three years that improve the System Inspector's abilities in the following areas:

(a) the principles of on-site sewage treatment and disposal;

(b) safely and accurately conducting system inspections according to the requirements of 310 CMR 15.000;

(c) safely and accurately identifying and locating systems;

(d) safely and accurately assessing the condition and function of systems; and

(e) safely and accurately determining whether maintenance, including repair or replacement of system components, is necessary.

Notes

310 CMR, § 15.340