Tenn. Comp. R. & Regs. 0400-48-01-.19 - INSTALLER OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS

(1)

(a) No person shall engage in the business of constructing, installing, altering or extending or repairing a subsurface sewage disposal system unless he has a valid annual permit issued by the Commissioner. This rule does not apply to the property owner or the property owner's tenant doing his own work on his own property where such property is the residence of the owner or tenant, provided that nothing in this rule shall act to remove the requirement that any person must secure a construction permit as provided by law and duly promulgated regulations.

(b) Any person who is, on the effective date of these rules, or intends to become after the effective date of these rules, an installer, shall make application for the installer's permit in writing on a form furnished by the department.

(2)

(a) No permit under this rule shall be granted until:

1. An application is filled out in its entirety, unless otherwise specified by the Commissioner; and

2. The installer scores a grade of seventy (70) percent or above on a written or oral test developed by the department. This test requirement does not apply, however, to an installer who was licensed the previous year and who performed satisfactory work, as determined by the Division of Water Resources, during the previous year. The test shall cover design, location and installation of conventional/alternative subsurface sewage disposal systems.

(b) A permit to install subsurface sewage disposal systems may be denied where the applicant has had a previous permit denied, suspended or revoked due to unsatisfactory work, where such unsatisfactory work is material to the subject matter of the permit.

(3) Permits shall not be transferable or assignable and shall automatically become invalid upon a change of ownership or upon suspension or revocation.

(4) When a permit has been denied, suspended or revoked, a hearing may be requested before the Commissioner by making such request in writing within thirty (30) days of the date of his denial, suspension, or revocation. Any hearing granted under this rule shall be conducted in accordance with T.C.A §§ 4-5-301 et seq.

(5) Permits shall expire on the 31st day of December following the date of issuance.

(6) An application for a permit shall contain the following:

(a) Name of business;

(b) Business address and phone number;

(c) Owner's name; and

(d) Address and phone number of owner.

Notes

Tenn. Comp. R. & Regs. 0400-48-01-.19

Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from1200-01-06.

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.