PROPOSED RULES
(Engineer Registration Board)
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-16-064.
Title of Rule: This will be a new WAC chapter titled Fees for on-site wastewater designers and inspectors. The rule lists applicable fees for designers and inspectors and provides information on practice permits, designer licenses, certificates of competency for inspectors, expiration dates and cancellation of licenses and certificates.
Purpose: The purpose is to put the on-site wastewater designers, inspectors, and the public on notice as to what the fees are for obtaining and renewing a practice permit, designer license and certificate of competency and when those permits, licenses and certificates expire. The rule also gives the penalty fee for not renewing license or certificate within ninety days of the expiration date and provides the circumstances under which a license or certificate will be canceled.
Other Identifying Information: This rule is being proposed to implement the fees required by chapter 18.210 RCW, On-site wastewater treatment systems--Designer licensing, as passed by the legislature in 1999.
Statutory Authority for Adoption: RCW 18.43.035.
Statute Being Implemented: Chapter 18.210 RCW.
Summary: 2SSB 5821 established the On-site wastewater treatment systems--Designer licensing, legislation in July 1999. That legislation was codified as chapter 18.210 RCW. This law requires that certain fees be implemented by the director of the Department of Licensing to support the licencing and certification of designers and inspectors. This proposed rule would establish those fees.
Reasons Supporting Proposal: Chapter 18.210 RCW requires that fees be established. These proposed fees are at the same level that as presented to the legislature for their analysis of the bill establishing licensing and certification for on-site designers and inspectors. A recent survey found that the number of designers and inspectors to be licensed is similar to the number estimated in the legislation.
Name of Agency Personnel Responsible for Drafting: Rick Notestine, 405 Black Lake Boulevard, Olympia, (360) 586-7298; Implementation an Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, (360) 586-7296.
Name of Proponent: Board of Registration for Professional Engineers and Land Surveyors, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule establishes and implements the fees required in chapter 18.210 RCW for a practice permit, designer license, certificate of competency, and penalty for not renewing a license or certificate within ninety days of the expiration date. In addition, the rule defines the expiration dates for a practice permit, designer license, and certificate of competency and states that any license or certificate that is expired for more than two years will be canceled. If a license or certificate is canceled, the licensee or certificate holder must reapply as a new applicant under chapter 18.210 RCW.
The purpose and effect of this rule will be to put the potential practice permit holders, licensees, certificate holders and the public on notice as to: What the fees will be to obtain a practice permit, designer license, or certificate of competency and the expiration dates for those permits, licenses and certificates; what the penalty fee is for not renewing said license or certificate in time; and what the cancellation and reinstatement guidelines are.
Proposal does not change existing rules. This will be a new WAC chapter and rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The legislature mandated through 2SSB 5821 that individual persons designing or inspecting on-site wastewater treatment facilities be licensed or holds a certificate of competency, and that fees be established to obtain the license or certificate. It is an individual, and not a company that applies for and pays for the required license or certificate; so, this rule has no direct fiscal impact on businesses. In a survey conduced by the board, the respondents indicated they must currently pay a fee to the local health department in each of the counties that they work in. They felt that having one fee and one set of regulations for the profession is a benefit to them and the companies that they work for, and therefore, the rule would not create an adverse impact.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Licensing is not one of the named agencies in this statute.
Hearing Location: There will be three hearings on these rules to solicit comments from the on-site wastewater treatment designer/inspector community and the general public. The last of the three hearings to be held on Wednesday, November 10, will also be the rule adoption hearing.
The dates and locations of the hearings are on Wednesday, November 3, 1999, at 7:00 p.m. to 9:00 p.m., Hilton Seattle Airport, 17620 Pacific Highway South, Columbia West Room, SeaTac, WA 98188; on Thursday, November 4, 1999, at 6:00 p.m. to 8:00 p.m., Ramada Inn, Spokane International Airport, Washington Room, Spokane, WA 99219; and on Wednesday, November 10, 1999, at 10:00 a.m. to 11:00 a.m., Department of Licensing, Business and Professions Division, Conference Room No. 1 (First Floor), 405 Black Lake Boulevard, Olympia, WA 98502.
Assistance for Persons with Disabilities: Contact Kim Chipman by November 1, 1999, TDD (360) 586-2788, or (360) 753-6966.
Submit Written Comments to: Rick Notestine, Program Director, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9649, Olympia, WA 98507-9649.
Date of Intended Adoption: November 10, 1999.
September 20, 1999
George A. Twiss
Executive Director
Chapter 196-30 WAC
FEES FOR ON-SITE WASTEWATER TREATMENT DESIGNERS AND INSPECTORS
NEW SECTION
WAC 196-30-020
Onsite wastewater treatment designer and
inspector fees.
The business and professions division of the department of licensing shall assess the following fees:
| Title of Fee | Amount ($) |
| Practice permit application | 100.00 |
| Practice permit renewal | 250.00 |
| Designer license application | 175.00 |
| Designer license application (comity) | 50.00 |
| Designer license renewal | 250.00 |
| Designer license re-examination | 100.00 |
| Late Renewal Penalty | 100.00 |
| Certificate of competency (inspector) | |
| Application | 175.00 |
| Certificate of competency renewal | 250.00 |
| Certificate of competency re-examination | 100.00 |
| Late Renewal Penalty | 100.00 |
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(1) Practice permits are valid for one year. They must be renewed each year by paying the required fee no later than the anniversary date of when the permit was originally issued. A valid practice permit will remain in force until the permit holder is issued a designer license, or July 1, 2003, whichever comes first. The permit holder must renew for a full year. No refunds will be made, or payments accepted, for a partial year.
(2) The initial designer license and certificate of competency will expire on the licensee's or certificate holder's next birth date. However, if the licensee's or certificate holder's next birth date is within three months of the initial date of issuing the license or certificate, the original license or certificate will expire on his or her second birthday following issuance of the original license or certificate. All subsequent renewals shall be for a one-year period due on the individuals birth date. No refunds will be made, or payments accepted for a partial year.
(3) It shall be the licensee's or certificate holder's responsibility to pay the prescribed renewal fee to the department of licensing on or before the date of expiration.
(4) Licensees and certificate holders who fail to pay the prescribed renewal fee within ninety days of the license expiration date will be subject to a late penalty fee of $100.00. However, the license or certificate is invalid the date of expiration (if not renewed) even though an additional 90 days is granted to pay the renewal fee without penalty. After ninety days, the base renewal fee plus the penalty fee must be paid before the license or certificate can be renewed to a valid status.
(5) Any designer license or certificate of competency that remains expired for more that two years would be canceled. After cancellation, a new application must be made in accordance with chapter 18.210 RCW to obtain another license or certificate.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.