1. (a) The purpose of this section is to set forth a statewide uniform procedure for the training and registration of installers of OSSFs and training and certification of site evaluators and designated representatives and to assist individuals employed or seeking employment in the OSSF industry in meeting the educational and testing requirements for obtaining registration or certification.
2. (b) No individual shall install, construct, alter, extend, or repair an OSSF unless the individual holds a valid certification issued by the executive director or is expressly exempted from the installer's certification or registration requirements.
3. (c) No individual may represent himself or herself as an installer, site evaluator, or designated representative unless they possess a valid agency certificate for that profession.
4. (d) In addition to the requirements of this section, an installer shall comply with all requirements of this title and be responsible for the proper installation of all OSSFs installed under the installer's registration or certification.
5. (e) No individual shall work under an installer's certificate unless said individual is an apprentice of that installer or under direct supervision of that installer or the apprentice at the jobsite. Apprentices will be issued a registration card in accordance with §285.60 of this title (relating to Apprentice Program).
6. (f) The installer shall directly supervise all individuals working under the installer's certificate during the installation, construction, alteration, or repair of the OSSF and shall be present on the jobsite during each major phase, or may be represented by his or her apprentice.
7. (g) When required by the permitting authority, the installer or apprentice must be present at the job-site during the inspection or re-inspection of the OSSF.
8. (h) The executive director may allow reciprocity for an installer with a valid certificate from another state having certification requirements substantially equivalent to those of this state.
9. (i) Individuals who act in any capacity for a permitting authority which has jurisdiction over OSSFs shall not work as an installer or private site evaluator in that permitting authority's area of jurisdiction.
10. (j) Beginning 540 days after the effective date of this chapter, no individual shall be employed or compensated by an authorized agent as a designated representative without being registered with the executive director and possessing a valid designated representative's certificate.
11. (k) Beginning 540 days after the effective date of this chapter, no individual shall be compensated as a site evaluator conducting pre-construction site evaluation or soil analysis without being registered with the executive director and possessing a valid site evaluator's certificate.

Source Note:The provisions of this §285.50 adopted to be effective February 5, 1997, 22 TexReg 1114.