5C Contracting Enforcement-Handout

7/31/2019 5C Contracting Enforcement-Handout

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Septic Tank Contracting andEnforcement, ACT Day 4 and 5,

2010

Objectives: To give a clear understanding of the System Repair

and Existing System Modification permittingprocess.

To give a clear understanding of the Septic TankContracting Licensing and Enforcement duties andregulations of the DOH.

10:15- 10:45


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2010

Licensing Requirements

Enforcement Requirements

Anyone holding themselves out as beingcapable of offering or providing septictank contracting services must beregistered by the department or aplumbing contractor in s. 489.105(3)(m),

F.S.

A registered septic tank contractor notproviding septic tank contracting servicesunder his full legal name must have aCertificate of Authorization issued by thedepartment for his septic tankcontracting business


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ENFORCEMENT ISSUES and CHD Involvement

Public and Environmental Health Concerns.

CHDs are the local regulatory authority: Responsible to ensure installation, repair,

modification and maintenance of OSTDS is done inaccordance with pertinent laws and rules.

Default public protection effects.

Complaints Against Contractors Alleged Violations of Rule and Law (64E-6,

FAC, 381.006567, FS, & Part III, 489, FS), bylicensed contractors.

Contractor complaints are received by thebureau (Toll Free Complaint Line).

Contractor complaints are received directly byCHD.

Complaints are investigated by CHD inaccordance with EH Program Manual 150-4,and applicable Rule Standards of Conduct andDisciplinary Guidelines.


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CHDs shall monitor licensed contractorswork for compliance with Chapters 381 and

489, F.S., and Chapter 64E-6, F.A.C. andtake appropriate enforcement action forviolations.

Complaints regarding licensed contractorsmust be promptly investigated,documented, and coordinated with theBureau of Onsite Sewage Programs and theCHDs legal council.

Documentation of septic tank contractingcomplaints resulting in enforcement actionshall be promptly forwarded to the Bureauof Onsite Sewage Programs for inclusioninto the statewide enforcement databaseand appropriate contractor files.

Septic Tank ContractingSuggested Complaint Investigation Process

(identifythe issues).

(clarifythe complaint and collect any supportingevidence).

(establish theallegations, both expressed and implied).


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(prior planningprevents poor performance, helps coordinatethe time and place of witnesses, and

synchronizes time that the investigator willhave to do the investigation with other workrequirements).

(request their writtenexplanation of the allegations and collect anysupporting evidence).

(use fact based referencessuch as statute, rule, policy, procedure,industry guidelines, manufacturerspecifications, etc.).


. A framework for areport might look something like:

(i.e., who, what, when, where, how thecomplaint was received).

State the (i.e., who did, or failed to do, what,and what does this violate Reference Law and RuleCitations).


Give the for the complaint (how didthe situation develop dates, names,records).

State the for each allegation (somemay be substantiated others may not).


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(

Draw an overall resulting from

the facts in the investigation. Rememberthe standard in an administrativeinvestigation is "preponderance of theevidence," not "beyond a reasonable doubt".

Make specific (identifywho must do what).

Submit r to chain of command (i.e., EHDirector or supervisor, etc.).

Septic Tank ContractingComplaint Investigation Process

EH Director or supervisor, in coordinationwith the local CHD attorney and the bureau,

utilizing 64E-022, FAC, DisciplinaryGuidelines, taking into consideration allmitigating and aggravating circumstances.


10. If complaint is deemed

, disciplinary action istaken:

Notify complainant and respondent ofcase closure.

Send bureau copy of complaint report(email) and final case disposition.


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11. If complaint is deemed , disciplinaryaction taken:

Send bureau copy of complaint reportand disciplinary instrument used (i.e.,citation, letter of warning, etc).

Notify complainant of action taken withregards to their complaint allegations.

12. Respondent complies with corrective orderand disciplinary action or enters the appealprocess.


to see what thelocal policy, practice or process has been inconducting investigations.

If at any time during the conduct of aninvestigation there is

, the CHD attorney,and refer the evidence to local lawenforcement.


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11:15-12:35

Examinations will consist of 50 questions, both multiplechoice and true/false. A participant taking theexaminations will be allowed one hour and twentyminutes to complete each exam. Examinations will begraded when completed by the participant; 70% is thepassing score. Those participants who do not pass theexamination will be given the opportunity to reviewtheir examinations. A second examination will beoffered after the review period. A participant who doesnot achieve a score of 70% on this second examinationwill be required to retake the class. If a participantelects to not retake the exam at this time, they mustretake the course. Examination time does not qualifyfor continuing education.

Documents

5C Contracting Enforcement-Handout