§ 5-56.1-7 - Responsibilities – Performance and conduct.

SECTION 5-56.1-7

   § 5-56.1-7  Responsibilities –Performance and conduct. – (a) A licensed designer shall perform all studies, measurements, evaluations,investigations, data gathering and other work within his or her licensed areaof responsibility required to prepare the applicable submittal for individualsewage disposal systems. Non-licensed employees or subordinates of a personpossessing a designer's license may assist in the work provided the work isdone under the direct supervision of the licensed designer who shall beresponsible for the work and shall sign any and all required applications,submittals and certifications.

   (b) A licensed designer shall witness and inspect theinstallation of any individual sewage disposal system which he or she designed.The licensing authority may, in accordance with regulation, waive thisrequirement for good cause, including the designer's death or incapacity.

   (c) A licensed designer shall certify to the licensingauthority that the individual sewage disposal system was installed inconformance with the approved application, plans, specifications, applicablestatutes and regulations and that he or she has witnessed and inspected theinstallation. Upon the certification, the licensed designer shall beresponsible for the installation. The certification shall not be construed torelease the installer from liability. The licensed designer shall not beresponsible for any negligent act or omission of a user of an ISDS, whichcauses damage to the ISDS, including altering of site conditions aftercertification of installation, failing to properly maintain the ISDS or failingto protect the ISDS from physical disturbance causing damage.