Current through September 24, 2024
(1) An approved
maintenance provider shall be one who meets all of the following requirements:
(a) Any person who, on or after, the
effective date of these rules, is or intends to become after the effective date
of these regulations, a maintenance provider, shall make application for
approval in writing on a form furnished by the department.
(b) After December 31, 2010, persons applying
for approval to become a maintenance provider must have a high school education
or equivalent.
(2) No
approval under this rule shall be granted until:
(a) An application is filled out in its
entirety, unless otherwise specified by the Commissioner.
(b) The maintenance provider candidate
attends and successfully complete a training course approved by the Division of
Water Resources; and
(c) The
maintenance provider candidate scores a grade of eighty (80) percent or above
on a written test developed by the department. This test requirement does not
apply, however, to a maintenance provider who was approved the previous year
and who performed satisfactory work, as determined by the Division of Water
Resources, during the previous year.
(3) Approval to maintain ATS, SDD, or
packaged systems may be denied where the applicant has had a previous approval
denied, suspended or revoked, or has been shown to provide unsatisfactory work,
where such unsatisfactory work is material to the subject matter of the
approval. Failure to timely provide maintenance tasks required by the
manufacturer or this Department shall constitute unsatisfactory work.
(4) This Department will maintain a list of
approved maintenance providers that have met the requirements of this rule and
provided satisfactory work.
(5)
Approvals shall not be transferable or assignable and shall automatically
become invalid upon any suspension or revocation becoming final.
(6) When an approval 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. If no such hearing
is timely filed, the denial, suspension, or revocation is final.
(7) Approvals shall expire on the 31st day of
December following the date of approval.
(8) An application for approval shall contain
the following:
(a) Name of business;
(b) Business address and phone
number;
(c) Owner's name;
(d) Address and phone number of owner;
and
(e) Proof of Professional
Development Hours (Renewal Only).
(9) Annual Renewal
(a) Any maintenance provider approved in
accordance with this rule will be responsible for obtaining at least 6
Professional Development Hours (PDH's) annually. Courses qualifying as having
PDH's will be approved by this Department.
(b) Maintenance provider approval annual
renewal will be considered upon submittal of application and proof of PDH at
the close of each calendar year.
(10) Maintenance Providers Responsibilities:
(a) Any maintenance provider approved in
accordance with this rule shall be responsible to provide proof of the
operation and maintenance agreement referenced in this rule and the deed of the
property, and paying the appropriate tracking fee for each ATS, SDD, or
packaged system that the provider has under an operation and maintenance
contract. Proof of maintenance contract and the associated tracking fee shall
be due on the anniversary of the certificate of completion of the
system.
(b) Services provided by a
maintenance provider shall include, but are not limited to, any operational or
maintenance requirements in these rules for such systems operated and
maintained.
(c) In the event that a
property owner chooses not to renew or cancels an operation and maintenance
contract with a maintenance provider, the maintenance provider shall notify the
Department within 30 days of such action.
(d) Any maintenance provider approved in
accordance with this rule will be responsible for maintaining manufacturers
certification for any ATS models being maintained. Documentation of such
certifications shall be provided to this department.
(e) Maintenance providers shall be
responsible for notifying this Department of any condition, event, or failure
of an ATS, SDD or packaged system that is outside the parameters of routine
operation.
(f) Operation and
maintenance visits shall be conducted by the approved maintenance provider. Any
individual making such visits shall meet the requirements of this rule and be
listed by this Department as an approved maintenance provider.
Authority:
T.C.A. §§
68-221-401 et seq. and 4-5-201 et
seq.
