New Hampshire § 485-A-36 - Section 485-A:36 System Installer Permit.

§ 485-A-36. Section 485-A:36 System Installer Permit.

I. (a) No individual shall engage in the business of installing subsurface sewage or waste disposal systems under this subdivision without first obtaining an installer's permit from the department. The permit holder shall be responsible for installing the subsurface sewage or waste disposal system in strict accordance with the approved plan. The department shall issue an installer's permit to any individual who submits an application provided by the department, pays a fee of $80 and demonstrates a sound working knowledge of RSA 485-A:29-35 and the ability to read approved waste disposal plans. The department shall require an oral or written examination or both to determine who may qualify for an installer's permit. Permits shall be issued from January 1 and shall expire December 31 of every other year. Permits shall be renewable upon proper application, payment of a biennial permit fee of $80, and documentation of compliance with the continuing education requirement of subparagraph (b). The installer's permit may be suspended, revoked or not renewed for just cause, including, but not limited to, the installation of waste disposal systems in violation of this subdivision or the refusal by a permit holder to correct defective work. The department shall not suspend, revoke or refuse to renew a permit except for just cause until the permit holder has had an opportunity to be heard by the department. An appeal from such decision to revoke, suspend or not renew a permit may be taken pursuant to RSA 21-O:14. All fees shall be deposited in the subsurface systems fund established in RSA 485-A:30, I-b. (b) Permitted installers shall complete a minimum of 6 hours biennially of continuing education approved by the department. Any permitted installer who is also a permitted designer under RSA 485-A:35 may fulfill the continuing education requirements for both permits with the same approved 6 hours of continuing education. (c) A permitted installer who fails to file a complete application for renewal, the biennial permit fee, and documentation that the required continuing education has been completed with the department prior to the expiration of the permit shall pay an additional late renewal fee of $80 with the renewal application, biennial permit fee, and documentation, provided the fees, renewal application, and documentation are filed with the department within 30 days of the permit expiration date. (d) If the renewal application, biennial permit fee, late renewal fee, and documentation are not filed within 30 days of the permit expiration date, the permit shall be deemed suspended. The permit holder may request reinstatement of the permit within 60 days of the suspension by submitting a complete application for renewal, the biennial permit fee specified in subparagraph (a), the late renewal fee specified in subparagraph (c), documentation that the required continuing education has been completed, and a reinstatement fee of $80. If the individual does not request reinstatement within 60 days of the suspension, the permit shall be deemed void. Any individual whose permit has become void who wishes to obtain an installer's permit shall apply as for a new permit pursuant to subparagraph (a). (e) No individual whose permit has been suspended or voided pursuant to subparagraph (d) shall install any subsurface sewage or waste disposal system. Installation of such a system after the installer's permit has been suspended or voided pursuant to subparagraph (d) shall constitute a violation of the provisions of this subdivision that is subject to the penalties specified in RSA 485-A:43. II. (a) Any person who desires to install a replacement waste disposal system or to repair a waste disposal system for their own domicile shall not be required to obtain an installer's permit as provided in paragraph I, provided they comply with rules adopted by the department relative to such systems. (b) Any person who desires to install a new waste disposal system for a property they are developing to be their own domicile shall not be required to obtain an installer's permit as provided in paragraph I, provided that: (1) The person complies with rules adopted by the department relative to such systems; (2) The property owner or a permitted septic system installer perform all work to construct the waste disposal system; (3) The property owner hires a permitted septic system designer or permitted septic system installer to certify that the waste disposal system, including but not limited to the base of the effluent disposal area, was constructed in accordance with the approved design and rules adopted by the department relative to such systems; and (4) The property owner certifies through an affidavit that the property will be their domicile for at least 2 years, starting from the date on which the waste disposal system receives approval to operate from the department, violation of which will be subject to penalties pursuant to RSA 485-A:43. III. The department shall adopt rules pursuant to RSA 541-A relative to this section.