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09.20.04.01 & .02 - Board of Plumbing - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 3,
FRIDAY, FEBRUARY 8, 2013

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 20 BOARD OF PLUMBING

09.20.04 Cross Connection/Backflow Prevention Certification Training Program

Authority: Business Occupations and Professions Article, 12-207 and 12-306(c), Annotated Code of Maryland

Notice of Proposed Action
[13-106-P]

The State Board of Plumbing proposes to adopt new Regulations .01 and .02 under a new chapter, COMAR 09.20.04 Cross Connection/Backflow Prevention Certification Training Program. This action was considered by the Board of Plumbing at an open meeting held on February 21, 2013, notice of which was given by publication in 40:2 Md. R. 179 (January 25, 2013), pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to establish by regulation the criteria by which the Board determines whether an applicant seeking to be a provider of a cross connection/backflow prevention certification program, offered in accordance with Business Occupations and Professions Article, §12-306(c), Annotated Code of Maryland, may be approved.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action establishes the criteria by which the Board will determine whether an applicant seeking to be a provider of cross connection/backflow prevention certification training may be approved, pursuant to Business Occupations and Professions Article, §12-306(c), Annotated Code of Maryland. All applicants will have to meet specific requirements enumerated in the proposed regulations. The Board has historically considered applicants seeking to be approved providers of the training based on these criteria; however, the Board has not previously promulgated a detailed set of these requirements. The proposed regulations offer the prospective provider of the training clear guidance as to facility features and apparatuses necessary for adequate training, qualifications of certified instructors, and the manner in which credentials of certified technicians are issued. First-time applicants will have information allowing for the cost estimation of a compliant program. Existing providers required to apply for continued approval pursuant to these regulations could incur an additional cost if a previously approved program is no longer fully compliant with the criteria. These regulations seek to ensure that individuals who provide cross connection/backflow prevention services are properly trained and qualified by training providers approved by the Board of Plumbing.

 
Revenue (R+/R-)
 
II. Types of Economic
Impact.
Expenditure
(E+/E-)
Magnitude

A. On issuing agency: NONE
 
B. On other State agencies: NONE
 
C. On local governments: NONE
Benefit (+)
Cost (-)
Magnitude
D. On regulated
industries or trade groups:
  Course providers
 
 
(-)


Indeterminable

E. On other industries or trade groups: NONE
 
F. Direct and indirect effects on public: NONE  
 

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. A provider seeking approval of a cross connection/backflow prevention certification training program may incur a cost to become compliant with these regulations for the purpose of obtaining or maintaining Board approval of the training.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to John Papavasiliou, Executive Director, State Board of Plumbing, Department of Labor, Licensing, and Regulation, 500 N. Calvert Street, Third Floor, Baltimore, MD 21202, or call 410-230-6160, or email to jpapavasiliou@dllr.state.md.us, or fax to 410-333-6314. Comments will be accepted through June 14, 2013. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board of Plumbing during a public meeting to be held on June 18, 2013, at 10:30 a.m., at the Department of Labor, Licensing and Regulation, 500 North Calvert Street, Third Floor, Baltimore, MD 21202.

.01 Definitions.
  A. In this chapter, the following terms have the meaning indicated.
  B. Terms Defined.
    (1) “Certified instructor” means an individual who possesses a master plumber or a journey plumber license issued by the Board or a reciprocating jurisdiction and has successfully completed an instructional certification program sponsored by an organization recognized by the Board, including, but not limited to, the University of Florida Treeo Center (TREEO), American Society of Sanitary Engineering (ASSE) Instructor Accreditation Certification, and University of Southern California Foundation for Cross Connection Control.
    (2) “Certified provider” means a person or organization who provides Board-approved cross connection/backflow prevention certification training in accordance with Business Occupations and Professions Article, §12-306(c), Annotated Code of Maryland, and meets the requirements of Regulation .02A–C of this chapter.
    (3) “Certified technician” means an individual who is certified to install, test, repair, and make reports on a mechanical cross connection/backflow prevention device or assembly after successful completion of a 32-hour cross connection/backflow prevention certification program approved by the Board in accordance with Business Occupations and Professions Article, §12-306(c), Annotated Code of Maryland.

.02 Approved Cross Connection/Backflow Prevention Certification Program.
  A. In accordance with Business Occupations and Professions Article, §12-306(c), Annotated Code of Maryland, a cross connection/backflow prevention certification program may be eligible for approval by the Board if:
    (1) The certified provider submits to the Board an application on the form that the Board provides, identifying the course provider and the provider’s credentials to offer cross connection/backflow prevention certification training;
    (2) Each program instructor is a certified instructor in accordance with Regulation .01B(1) of this chapter;
    (3) The course materials include a cross connection/backflow prevention training manual prepared by an organization identified in Regulation .01B(1) of this chapter;
    (4) In the opinion of the Board, the course curriculum provides, at a minimum, adequate training in:
      (a) Introduction to backflow prevention;
      (b) Hazards of cross connection/backflow;
      (c) Laws of backflow prevention;
      (d) Responsibilities of certified technician;
      (e) The methods, mechanisms, and installation techniques used for the prevention of backflow;
      (f) Field testing;
      (g) Field reports;
      (h) Troubleshooting;
      (i) Repair of a backflow occurrence; and
      (j) Recertification;
    (5) The program is conducted at a facility that provides adequate space and a suitable training environment in the opinion of the Board that is:
      (a) Accessible for inspection by an authorized representative or agent of the Board during normal business and class hours without prior notice; and
      (b) Equipped with adequate apparatus necessary for adequate training in the opinion of the Board including:
        (i) A test kit;
        (ii) One of each mechanical cross connection control device and assembly necessary for compliance with ASSE 1011, 1012, 1013, 1015, 1019, 1020, 1022, 1024, 1035, and 1056; and
        (iii) Mechanical cross connection control assembly set up for field testing;
    (6) The certified provider issues to an individual who successfully completes the program a:
      (a) Certificate that includes:
        (i) The name of the certified provider;
        (ii) The name of the certified technician to whom it is issued;
        (iii) A statement that the course constitutes a 32-hour cross connection/backflow prevention certification program approved by the Maryland State Board of Plumbing;
        (iv) The date of completion of the certification program;
        (v) The name and signature of the course instructor; and
        (vi) The certification technician number; and
      (b) Pocket identification card that includes:
        (i) The name of the certified technician to whom it is issued;
        (ii) The title “Certified Backflow Prevention Technician”;
        (iii) The dates for which the certification is valid; and
    (7) The certified provider notifies the Board within 10 days of any change of a certified course instructor.
  B. In order for a cross connection/backflow prevention certification program to be and remain eligible for approval by the Board in accordance with Business Occupations and Professions Article, §12-306(c), Annotated Code of Maryland, the program must be able to demonstrate adequate recertification credentials including the:
     (1) Offer of recertification training for technicians every 5 years; and
    (2) Requirement that course instructors maintain instructor certification by meeting the requirements of, but not limited to, the University of Florida Treeo Center (TREEO), American Society of Sanitary Engineering (ASSE) Instruction Accreditation Certification, and University of Southern California Foundation for Cross Connection Control, which shall include completion of recertification training at a minimum of once every 5 years.
  C. In addition to the requirements of §B of this regulation, in order for a cross connection/backflow prevention certification program to remain eligible for approval by the Board in accordance with Business Occupations and Professions Article, §12-306(c), Annotated Code of Maryland, every 3 years, the program provider shall provide the Board with updated information about the program which shall include:
    (1) A current list of certified instructors; and
    (2) Notification from the certified provider of changes to the course curriculum or the location of the training facility.
  D. The Board may rescind its approval of a cross connection/backflow prevention certification program at any time if, in the opinion of the Board:
    (1) The certified provider demonstrates misconduct or incompetence in the performance of supervisory duties over the program;
    (2) A certified course instructor demonstrates misconduct or incompetence in the provision of applicable training; or
    (3) The certified provider fails to meet any of the requirements of §§A—C of this regulation.
  E. In accordance with Business Occupations and Professions Article, §§12-306(c)(3) and 12-503, Annotated Code of Maryland, an individual appointed, designated, or employed by a county or local government as an inspector of mechanical cross connection/backflow prevention devices shall have completed a cross connection/backflow prevention certification program approved by the Board. 
  F. Completion of an approved cross connection/backflow prevention certification program does not authorize an individual to:
    (1) Install, test, or certify a mechanical cross connection/backflow prevention device unless the individual is licensed by the Board as a master or journey plumber in accordance with Business Occupations and Professions Article, §12-101(g) or (l), Annotated Code of Maryland; or
    (2) Assist in installing, testing, or certifying a mechanical cross connection/backflow prevention device unless the individual is licensed by the Board as an apprentice plumber in accordance with Business Occupations and Professions Article, §12-101(c), Annotated Code of Maryland.

MICHAEL J. KASTNER, JR.
Chairman
State Board of Plumbing