The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 097: Potable Water Supply and Wastewater System Designers

• Subchapter 001: GENERAL PROVISIONS

• § 5001. Purpose and effect

  In order to safeguard the life and health of the people of this State, a person, other than a professional engineer exempted under this chapter, shall not design a potable water supply or wastewater system that requires a permit or designer’s certification or license under the laws of this State unless currently licensed under this chapter. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• § 5002. Definitions

  As used in this chapter:

  (1) “Director” means the Director of the Office of Professional Regulation.

  (2) “License” means a current authorization granted by the Director permitting the practice of potable water supply or wastewater system design.

  (3) “Potable water supply or wastewater system designer” or “designer” means a person who is licensed under this chapter to engage in the practice of potable water supply or wastewater system design.

  (4) “Practice of potable water supply or wastewater system design” or “design” means planning the physical and operational characteristics of a potable water supply or wastewater system that requires a permit or designer’s certification or license under the laws of this State. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• § 5003. Prohibitions; offenses

  (a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:

  (1) sell or fraudulently obtain or furnish any design degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet therein;

  (2) practice design under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;

  (3) practice design unless duly registered and currently licensed or otherwise authorized to do so under the provisions of this chapter;

  (4) represent himself or herself as being licensed or otherwise authorized by this State to practice design or use in connection with a name any words, letters, signs, or figures that imply that a person is a licensed designer when not licensed or otherwise authorized under this chapter;

  (5) practice design during the time a license or authorization issued under this chapter is suspended or revoked;

  (6) employ an unlicensed or unauthorized person to practice as a licensed designer; or

  (7) practice or employ a licensed designer to practice beyond the scope of his or her practice prescribed by rule.

  (b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• § 5004. Exceptions

  This chapter does not prohibit:

  (1) the furnishing of assistance in the case of an emergency or disaster;

  (2) the practice of design by a person employed by the U.S. government or any bureau, division, or agency thereof while in the discharge of his or her official federal duties; or

  (3) the practice of any other occupation or profession by a person duly licensed or otherwise authorized under the laws of this State. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• § 5005. Qualified professional engineers exempt

  A licensed professional engineer may practice design without a license under this chapter if he or she satisfies the criteria set forth in 10 V.S.A. § 1975(b). (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• Subchapter 002: ADMINISTRATION

• § 5011. Duties of the Director

  (a) The Director shall:

  (1) provide general information to applicants for licensure as designers;

  (2) receive applications for licensure, administer or approve examinations, and provide licenses to applicants qualified under this chapter;

  (3) administer fees as established by law;

  (4) refer all disciplinary matters to an administrative law officer;

  (5) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and

  (6) explain appeal procedures to licensed designers and to applicants, and complaint procedures to the public.

  (b) The Director shall adopt rules necessary to perform his or her duties under this section after due consultation with the Secretary of Natural Resources. These rules may establish grades, types, classes, or subcategories of licenses corresponding to prescribed scopes of practice. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• § 5012. Advisor appointees

  (a)(1) The Secretary of State shall appoint three persons to be advisors to the Secretary, two of which shall be designers licensed under this chapter and one of which shall be a representative of the Agency of Natural Resources. Advisors shall be appointed for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to design. Two of the initial appointments may be for a term of fewer than five years.

  (2) A designer appointee shall have not fewer than five years’ experience as a licensed designer immediately preceding appointment; shall be licensed as a designer in Vermont; and shall be actively engaged in the practice of design in this State during incumbency.

  (3) The Agency of Natural Resources appointee shall be involved in the permitting program established under 10 V.S.A. chapter 64.

  (b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• Subchapter 003: LICENSES

• § 5021. Eligibility for licensure

  (a) To be eligible for licensure as a designer, an applicant shall be at least 18 years of age; able to read and write the English language; hold a high school diploma, General Equivalency Diploma (GED), or equivalent; and demonstrate such specific education, training, experience, and examination performance as the Director may by rule require to hold the class of license sought.

  (b) The Director may waive examination for an applicant licensed or certified in good standing by a foreign jurisdiction found by the Director to enforce equivalent standards to obtain the class of license sought in this State. The applicant’s previous job description and experience in the design field may be considered. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• § 5022. License renewal

  (a)(1) A license shall be renewed every two years upon application, payment of the required fee, and proof of compliance with such continuing education or periodic reexamination requirements as the Director may by rule prescribe. Failure to comply with the provisions of this section shall result in suspension of all privileges granted to the licensee, beginning on the expiration date of the license.

  (2) A license that has lapsed shall be renewed upon payment of the biennial renewal fee and the late renewal penalty.

  (b) The Director may adopt rules necessary for the protection of the public to assure the Director that an applicant whose license has lapsed or who has not worked for more than three years as a licensed designer is professionally qualified for license renewal. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• § 5023. Applications

  Applications for licensure and license renewal shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant’s education, experience, and other pertinent information and shall be accompanied by the required fee. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• § 5024. Licensure generally

  The Director shall issue a license or renew a license, upon payment of the fees required under this chapter, to an applicant or licensee who has satisfactorily met all the requirements of this chapter. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• § 5025. Fees

  Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

• § 5026. Unprofessional conduct

  (a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a committed by a licensee, an applicant, or a person who later becomes an applicant:

  (1) has made or caused to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license to practice as a licensed designer;

  (2) whether or not committed in this State, has been convicted of a crime related to water system design or installation or a felony that evinces an unfitness to practice design;

  (3) is unable to practice design competently by reason of any cause;

  (4) has willfully or repeatedly violated or caused the violation of any of the provisions of this chapter, the terms of a permit, the Vermont On-Site Wastewater and Potable Water Supply Regulations, or the Vermont Water Quality Standards;

  (5) is habitually intemperate or is addicted to the use of habit-forming drugs;

  (6) has a mental, emotional, or physical disability, the nature of which interferes with the ability to practice design competently;

  (7) engages in conduct of a character likely to deceive, defraud, or harm the public;

  (8) has reviewed or acted on permit applications for a potable water supply or wastewater system that he or she designed or installed.

  (b) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Director or the Office of Professional Regulation about alleged incompetent, unprofessional, or unlawful conduct of a licensed designer. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)