21 N.C. Admin. Code 39.1002

Current through Register Vol. 39, No. 11, December 2, 2024

Section 39 .1002 - GENERAL REQUIREMENTS FOR CONTRACTORS AND INSPECTORS

(a) Inspectors shall:

(1) Provide to the client or the client's representative a written contract, signed by both the client or client's representative and the inspector, before the on-site wastewater system inspection is performed that:

(A) States that the on-site wastewater system inspection is conducted in accordance with Rules .1004, .1005, and .1006 of this Section; and

(B) Describes what services shall be provided and their cost;

(2) Obtain written permission from the owner or owner's representative to perform the inspection;

(3) Inspect readily openable and accessible installed systems and components listed in Rule .1005 of this Section;

(4) Submit a written report to the client or client representative within 10 business days of the inspection that:

(A) Describes those systems and components required to be described in Rules .1005 through .1006 of this Section;

(B) States which systems and components designated for inspection in this Section have been inspected, and state any systems or components designated for inspection that were not inspected, and the reason for not inspecting. Failure to locate the system or components for inspection or "could not locate" shall not be the same as "not visible." If the system or component is not located, the written report shall state the failure to locate the system or components for inspection or "could not locate;"

(C) States any systems or components inspected that do not function as intended or harm the wastewater treatment system;

(D) States whether the condition reported requires repair or subsequent observation, or warrants further evaluation by the local health department. The statements shall describe the component or system and how the condition is defective, explain the consequences of the condition, and refer the recipient to the local health department or a certified on-site wastewater contractor; and

(E) States the name, license number, and signature of the certified inspector;

(5) Maintain records for a period of seven years.

(b) Contractors that contract with an owner of a system permitted by an evaluator in accordance with G.S. 130A-336.2 shall:

(1) Submit to the evaluator and Board the insurance declaration page verifying errors and omissions, liability, or other coverage, as appropriate for the system designed, prior to commencing installation;

(2) Be responsible for all aspects of the construction and installation of the wastewater system and its components, including adherence to specifications and any special inspections that are prepared, signed, and sealed by the evaluator; and

(3) Submit a dated and signed statement of responsibility to the owner of the wastewater system, prior to commencement of work.

21 N.C. Admin. Code 39 .1002

Authority G.S. 90A-71; 90A-72; 90A-74; 130A-336.2;
Eff. October 1, 2011;
Amended Eff. January 1, 2016;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;
Amended Eff. June 1, 2021.

Authority G.S. 90A-71; 90A-72; 90A-74;
Eff. October 1, 2011.

Amended by North Carolina Register Volume 30, Issue 13, January 4, 2016 effective 1/1/2016.

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018

Amended by North Carolina Register Volume 36, Issue 01, July 1, 2021 effective 6/1/2021.