Ohio Administrative Code
Title 3701 - Department of Health - Administration and Director
Chapter 3701-28 - Private Water Systems
Section 3701-28-18 - Registration and bonding of private water systems contractors
Universal Citation: OH Admin Code 3701-28-18
Current through all regulations passed and filed through September 16, 2024
(A) As a condition of doing business in this state, private water systems contractors shall annually register with the department and comply with the surety bonding requirements of section 3701.344 of the Revised Code and the requirements of this rule.
(1)
Only registered contractors may construct, alter,
develop, service, repair, install pumping equipment for a private water system,
seal private water systems, drill water wells, install pitless adapters,
perform service, maintenance or other repairs to private water system treatment
systems, or perform inspections, evaluations, or sampling for hire of private
water systems.
(2)
With the exception of paragraph (A)(1) of this rule,
registration is not required of:
(a)
Any person who performs labor or services as an
employee under the direct supervision of a registered
contractor.
(b)
Any private water system owner who performs repair,
maintenance, or service work which does not require a permit on the private
water system serving his dwelling house, or any person who aids the owner with
this work without compensation.
(c)
Persons exempt
from registration under this paragraph shall comply with all applicable rules
of this chapter.
(3)
With the
exception of drilling a well or property rentals in which they do not reside,
owners of a primary or secondary property constructing a hauled water storage
tank, spring, or pond, constructing any or all parts of a private water system
pumping or distribution system, installing point of entry private water system
disinfection or treatment system, altering a private water system, or sealing
private water systems for their dwelling house shall obtain a registration to
perform work, but are exempt from the bonding and business liability insurance
requirements established in paragraph (B) of this rule, and may only perform
work on residences they own.
(4)
Owners of
property rentals in which they do not reside, or owners drilling a well for
construction or alteration purposes shall obtain a registration to perform
work, but are exempt from the business liability insurance requirements
established in paragraph (B) of this rule, and may only perform work on
residences they own.
(5)
For purposes of this rule "direct supervision" means
that a registered private water systems contractor instructs and controls the
person claimed to be supervised, that the person is an employee of the
registered private water systems contractor, and that the registered private
water systems contractor is responsible for the actions of that person and is
reasonably available to that person if and when needed, even though such
registered private water systems contractor may not be physically present at
the work site.
(6)
Any person who is performing work on a private water
system that is not subject to paragraphs (A)(1) to (A)(5) of this rule, shall
immediately cease work on the private water system at the order of the board of
health or the department.
(7)
Subcontractors who perform electrical, welding, or
excavation work under contract for a registered private water systems
contractor are not required to obtain a registration as a private water systems
contractor.
(8)
A registered sanitarian or sanitarian in training
employed by the board of health having jurisdiction where the private water
system is, or will be, located and is performing inspections and collecting
samples on behalf of the board of health is not required to obtain registration
as a private water systems contractor.
(9)
Additionally,
registration as a private water systems contractor is not required for water
sample collection without interpretation of the results when performed by one
of the following:
(a)
A person holding a current Class A, I, II, III, or IV
public water systems operator certification from the Ohio environmental
protection agency (EPA), as authorized under Chapter 3745-7 of the
Administrative Code; or
(b)
A person employed by a laboratory holding a current
drinking water laboratory certification from Ohio EPA, as authorized under
Chapter 3745-89 of the Administrative Code, or an equivalent national
certification for the analysis of drinking water.
(B) Requirements for registration.
(1)
Application for annual registration as a private water
systems contractor shall be made to the director on forms prescribed and
provided by the department of health. A complete application shall
include:
(a)
For registrations submitted prior to the work that requires registration, a two
hundred fifty dollar nonrefundable registration fee made payable by check or
money order to "Treasurer, State of Ohio," or by other payment method approved
by the department.
(b)
For registrations submitted after the work that
requires registration has already been performed or a private water system has
been constructed, a five hundred dollar nonrefundable registration fee made
payable by check or money order to "Treasurer, State of Ohio," or by another
payment method approved by the department.
(c)
For registrations
submitted by property owners registering to perform work only on the private
water system serving their property, a sixty-five dollar nonrefundable
registration fee made payable by check or money order to "Treasurer, State of
Ohio," or by another payment method approved by the department.
(d)
An annual
registration bond, complying with paragraph (D) of this rule, executed by the
applicant as principal, and a surety company authorized to do business in the
state as surety, in the sum of ten thousand dollars available for each calendar
year coinciding with the applicant's registration. Applicants for a private
water systems contractor registration that have not previously held a valid
registration, or applicants whose registration has been suspended, shall submit
a registration bond in the sum of twenty thousand dollars for a period of three
registration years. Applicants with a valid bond claim in the prior
registration year shall also submit a registration bond for twenty thousand
dollars for a period of three registration years. Upon the third registration
year with no valid bond claim, new or previously suspended applicants, or
applicants with prior valid bond claims, may submit a bond of ten thousand
dollars the following registration year. For the purposes of this rule, any
registered private water systems contractor who allows their registration to
lapse for a period greater than twelve months shall be considered a new
registrant;
(e)
The surety bond shall run to the state as obligee and
shall be for the benefit of any aggrieved party for damages incurred as a
result of a violation of this chapter. The bond shall provide that the
aggregate liability of the surety for any and all breaches of the conditions of
the bond shall in no event exceed the penal sum of the bond for the year of
registration;
(f)
Proof of not less than five hundred thousand dollars of
general business liability insurance;
(g)
Starting with the
first full registration year after the effective date of these rules or a new
private water systems contractor registration, any renewing private water
systems contractor must submit proof of completion of at least six continuing
education hours during the previous calendar year through educational programs
approved by the department of health or demonstration of competency obtained
through one of the following mechanisms:
(i)
Provide proof of
holding a current Class A, I, II, III, or IV public water systems operator
certification from Ohio EPA as authorized under Chapter 3745-7 of the
Administrative Code;
(ii)
Provide proof of current status as a water quality
association certified water specialist (CWS), certified installer (CI),
certified service technician (CST), master water specialist (MWS), or master
service technician (MST);
(iii)
Provide proof
of current status as a national groundwater association certified well driller
(CWD), certified pump installer (CPI), or master groundwater contractor (MGWC);
or
(iv)
Other continuing education programs as approved by the
director.
(h)
Any other information as required by the
director.
(2)
An applicant which is a partnership, corporation or
other business association, shall designate one partner, officer, or director
who shall be the company's representative to register on the company's behalf,
and who shall be responsible to ensure compliance with this
chapter.
(3)
An applicant or owner in the case of a partnership,
corporation or other business association may submit with their applications,
proof that they are a service member or veteran, or the spouse or surviving
spouse of a service member or veteran to receive priority expedited licensure
processing. The applications will be reviewed within five business days of
receipt and before all other applications for licensure.
(a)
The acceptable
proof of service member/veteran status documents are:
(i)
Department of
defense identification card (active, retired, temporary disability retirement
list (TDRL));
(ii)
DD214 military discharge certificate indicating
disposition of discharge;
(iii)
Report of
separation from the national archives national personnel records center in St.
Louis, Missouri; or
(iv)
Veterans identification card from the department of
veterans affairs.
(b)
All acceptable
proof documents, except veterans identification card, must show the veteran
status as honorable, general, general under honorable conditions, or discharged
or released under conditions other than dishonorable.
(4)
The
applicant for a registration shall provide to the director within thirty days
of the receipt of the request, all additional requested information. If the
director does not receive the requested information within thirty days, the
director may consider the application abandoned. Any further consideration for
a new or renewal registration shall be pursuant to another application
accompanied by another nonrefundable registration fee.
(C) Registration issuance and renewal.
(1)
A private water systems contractor shall submit its
application for the renewal of its private water systems contractor
registration, along with the fees and information required under paragraph (B)
of this rule, by the last day of December of each calendar year. Upon receipt
of an application form for registration and the information and fees required
under paragraph (B) of this rule, the department shall conduct a review to
determine if the information is accurate and complete, and that the private
water systems contractor has no unresolved bond claims or outstanding
violations of this chapter.
(a)
Upon determination that the application and information
is accurate and complete, the director shall furnish the registrant with
documentation of a valid and current registration containing the name of the
registrant, the name of the registrant's representative, if applicable, the
registrant's registration number, and the registration's expiration
date;
(b)
Upon determination that the application and information
is incomplete, the department shall notify the applicant of the information
that is required and shall not issue a registration until all required
materials are received; or
(c)
Upon
determination that the applicant has unresolved bond claims or violations of
this chapter outstanding longer than six months with no corrective action plan
submitted to the department by the applicant, the director shall deny the
private water systems contractor registration.
(d)
The private water
systems registration becomes valid upon issuance by the
director.
(2)
In the case of an applicant subject to paragraph (B)(2)
of this rule, the partnership, corporation, or other business association and
not the representative designated in accordance with paragraph (B)(2) of this
rule shall be the registrant. When the representative is no longer associated
with the registrant, the registrant shall so inform the department of health in
writing within thirty days and give the name of another representative, in
accordance with paragraph (B)(2) of this rule.
(3)
The initial and
renewal registration shall not be transferable and expires annually on the last
day of December, unless earlier revoked. A registration may be renewed for an
ensuing year by making application to the director in accordance with paragraph
(B) of this rule. If a renewal application has been received on or prior to the
last day of December, such application shall extend the period of validity of
the current registration until a new complete registration is issued or the
director denies a new registration under the provisions of division (B) (3) of
section 3701.344 of the Revised Code,
this chapter, and Chapter 119. of the Revised Code.
(D) Registration bonds.
(1)
Registration bonds shall be executed in the name of the
applicant, as principal, on a bond agreement form provided by the department
and shall include a certificate from the superintendent of insurance
demonstrating that the surety company is authorized to operate a surety
business in this state.
(2)
If the registration bond supporting the registration is
canceled, the registrant shall submit a new registration bond to the department
within ten days, in accordance with the requirements of this rule. The surety
company shall give ninety days written notice to the department of health prior
to the effective date of cancellation.
(3)
No private water
systems contractor shall perform work on a private water system without a valid
registration bond. In the event that the registration bond is canceled, the
private water systems contractor shall not perform work on a private water
system until a valid replacement bond has been provided to the
department.
(4)
For the purposes of this rule "aggrieved party" means
the private water system owner or their authorized agent who contracts for a
private water system and brings a claim against a private water systems
contractor that the system is not installed, altered, repaired, serviced, or
abandoned in substantial compliance with the provisions of this
chapter.
(5)
As a condition precedent to making a claim on a
registration bond when an aggrieved party alleges that violations of this
chapter exist for a private water system:
(a)
The aggrieved
party shall make written contact with the private water systems contractor who
performed the work on the private water system and the board of health having
jurisdiction in the health district where the private water system is located
regarding the nature of the alleged violation and intention to file a bond
claim if the violations are not corrected.
(b)
The board of
health having jurisdiction shall investigate the complaint and determine if a
violation of this chapter has occurred. The findings of this investigation
shall be communicated in writing to the aggrieved party and the private water
systems contractor.
(c)
If the board of health determines that no violation of
this chapter has occurred and the aggrieved party disagrees, the aggrieved
party shall submit in writing to the director a narrative of the alleged
violations of Chapter 3701-28 of the Administrative Code upon which the person
desires to make a bond claim and shall include a copy of the investigative
findings by the board of health.
(d)
If the board of
health determines a violation of this chapter has occurred, the board of health
shall consult with the aggrieved party and the private water systems contractor
on the corrective actions necessary to resolve the violation. After
consultation with the board of health and the private water systems contractor
on the plan for correction of the violation, the aggrieved party shall provide
the private water systems contractor an opportunity to correct the alleged
violation, unless otherwise authorized by the director. If the violation
identified by the board of health is not corrected by the private water systems
contractor, the aggrieved party shall give written notification to the director
stating their intention to file a bond claim, the alleged violation(s) of
Chapter 3701-28 of the Administrative Code and shall include a copy of the
investigative findings and orders to correct by the board of
health.
(e)
If the board of health identifies a violation and the
private water systems contractor has agreed to perform the corrective actions
required to correct the alleged violation, but the aggrieved party denies the
private water systems contractor access to the private water system the board
of health or the private water systems contractor or both shall notify the
director of the denial of access in writing, and shall include documentation of
the investigation, corrective actions planned, and the denial of
access.
(f)
When the director receives written notification
regarding an aggrieved party denying a private water systems contractor access
to the private water system to perform the actions necessary to correct the
alleged violation(s), the director shall send a copy of the written
notification to the aggrieved party, the board of health, and the private water
systems contractor. The aggrieved party shall have thirty days to allow the
contractor access to correct the alleged violation. The rights of the aggrieved
party to the bond shall be forfeited if the aggrieved party denies the private
water systems contractor access to the private water system to perform actions
necessary to correct violation(s).
(6)
Making a claim on
a registration bond:
(a)
If the board of health determines that no violation of
this chapter has occurred and the aggrieved party disagrees, or if the private
water systems contractor fails to correct the violations within thirty days,
the aggrieved party shall submit, in writing, to the director, a narrative of
the alleged violations of Chapter 3701-28 of the Administrative Code upon which
the person desires to make a bond claim and shall include a copy of the
investigative findings and any notices of violation issued by the board of
health.
(b)
A copy of the narrative and supporting documents
required in paragraph(D)(6)(a) of this rule shall be sent to the board of
health and private water systems contractor by the director.
(c)
The director,
with the assistance of the board of health, shall investigate the validity of
the allegation and review any written submission by any of the parties, and may
consult with the aggrieved party, board of health, and the private water
systems contractor. The director may request additional evidence from the
aggrieved party, contractor, or board of health. Upon a party's request, and at
the director's discretion, an informal meeting may be held with the director's
designee, the aggrieved party, the private water systems contractor, other
technical experts, or the board of health to further the investigation, work
towards resolution, and correct the violation.
(d)
If the director
concludes that no rule violation exists, he shall so notify the aggrieved
party, the board of health, and the private water systems contractor in
writing. The director, if satisfied of the existence of a rule violation, shall
notify in writing the aggrieved party and board of health of the rule violation
and issue a notice of violation to the private water systems contractor and
shall send a copy of this notice to the aggrieved party, board of health, and
the surety company that sets forth the following:
(i)
The nature of the
violation;
(ii)
The action required to correct the
violation;
(iii)
The date for completion of the corrective action;
and
(iv)
The date by which the private water systems contractor
must respond with a corrective action plan.
(e)
If a private
water systems contractor fails to comply with the notice of violation issued
pursuant to paragraph (D)(6)(d) of this rule within sixty days, the director
shall notify the surety company, the aggrieved party, the board of health, and
the private water systems contractor and shall:
(i)
Set forth the
violation; and
(ii)
Inform the surety of its options in responding to the
notice as set forth in paragraph (D)(6)(d) of this rule.
(f)
Within thirty days from the date the surety company receives a notice under
paragraph (D)(6)(d) of this rule the surety company shall notify the director
that it will perform one of the following:
(i)
Not correct the
violation or violations resulting in the issuance of the order and shall make
payment for the full amount of the bond to the aggrieved party;
(ii)
Make payment to
the aggrieved party in an amount equal to the purchase price of the private
water system and any other activity necessary to bring the private water system
into compliance with this chapter, including the sealing of a private water
system, if necessary; or
(iii)
Correct the
violation(s), or pay the cost of correction within thirty days of receiving the
notice and submit to the director a plan for performance of the work necessary
to correct the violation(s). The rights of the aggrieved party to the bond
shall be forfeited if the aggrieved party denies the bond company or its agents
access to the private water system to perform actions necessary to correct the
violation(s).
(g)
The rights of the surety company to correct the
violation(s) resulting in a notice issued under paragraph (D)(6)(f) of this
rule shall be terminated and the director shall order the entire amount of the
bond forfeited if the surety company fails to:
(i)
Notify the
director within thirty days of receipt of the notice that it will or will not
correct the violation(s);
(ii)
Submit a plan
for completing the required work at the same time it notifies the director that
it will perform or pay the cost of performing the required work;
or
(iii)
Commence, continue, or complete the required work in a
manner and in accordance with this rule and the provisions of this
chapter.
(7)
The notification
required in paragraph (D)(6)(a) of this rule must be made within two years from
the date the work on the private water system, or the component thereof, is
completed. The bond claim shall be withdrawn due to lack of response within
sixty days from the aggrieved party after notification from the department, the
private water systems contractor or the surety on the proposed corrections of
the violation or violations.
(8)
The surety
company shall give written notice to the director within thirty days of payment
on a claim against a registration bond. The notice shall specify the name of
the registered contractor, the name of the aggrieved party, the amount of the
claim, and the date and manner in which the claim was paid.
(E) Annually the director shall publish a list of the names and addresses of all persons holding registrations under this chapter and shall provide a copy of the list to any person upon request.
(F) Every registrant shall maintain and submit to the board of health and the department such complete and accurate records as may be required for determining compliance with all applicable rules of this chapter.
(G) Suspension, revocation, and denial of registration.
(1)
The director may
suspend, revoke, or deny any registration of a private water systems contractor
for violation of the requirements of this chapter.
(2)
Grounds for
suspension, revocation, or denial of a private water systems contractor's
registration shall include, but not be limited to:
(a)
A material
misstatement or falsification of facts in the private water systems
contractor's application for a registration or obtaining a registration through
fraud or misrepresentation;
(b)
A material
misstatement or falsification of facts on a private water systems permit,
completion form, well log, or other form required by the
department;
(c)
A violation of the conditions of the private water
systems contractor's registration;
(d)
A failure to
submit forms or well logs in accordance with rule
3701-28-03 of the Administrative
Code;
(e)
A violation of any applicable rule of this
chapter;
(f)
Failure to maintain a surety bond as required under
this rule;
(g)
Conviction in any criminal proceeding or failure to
comply with a judgment or order that is issued by the court in any civil
proceeding in connection with a private water system;
(h)
Aiding or
abetting an unregistered person to evade the requirements of division (B)(3) of
section 3701.344 of the Revised Code and
this rule, allowing one's registration to be used by an unregistered person, or
acting as an agent, partner or associate of an unregistered person with the
intent to evade the provisions of this chapter;
(i)
A demonstrated
incompetency to act in the business or businesses for which a registration is
held; or
(j)
Having more than one bond claim within a three year
period where the director determined that there were violations of this chapter
as specified in the written notice of violation issued under paragraph
(D)(4)(c) of this rule, and that damages did occur.
(3)
Procedures for
the revocation, suspension, or denial of a registration by the director shall
be in accordance with Chapter 119. of the Revised Code. Pursuant to that
chapter, the private water systems contractor is entitled to a hearing upon
request made within thirty days of the mailing of notice of the action on the
registration. The date set for the hearing shall be within fifteen days, but
not earlier than seven days, after the private water systems contractor has
requested a hearing, unless otherwise postponed by the agency.
Replaces: 3701-28-18
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
