250 R.I. Code R. 250-RICR-150-10-6.47

Current through December 26, 2024

Section 250-RICR-150-10-6.47 - OWTS Installation

A. License Required - Installation, construction, alteration, or repair of any OWTS shall be performed by an installer licensed in accordance with § 6.14 of this Part, or a master plumber licensed under R.I. Gen. Laws Chapter 5-20. This requirement does not apply to an applicant installing, constructing, altering, or repairing an OWTS to serve a building the applicant occupies or will occupy as the applicant's intended permanent domicile, provided that the applicant has obtained written permission for that work and has obtained the Director's approval of the plans and specifications for that work prior to the start of any construction.

B. Responsibilities of a Licensed Installer - A Licensed Installer shall adhere to the following:

1. Perform all work in compliance with approved plans and specifications only;

2. Report to the Licensed Designer discrepancies on an approved plan which the installer may note during construction;

3. Utilize only quality grade construction materials approved by the Director;

4. Utilize only the best construction techniques to provide for the best possible installations;

5. Work only under valid plans approved by the Director, and to commence work only after completely reviewing the entire approval including the application, the layout plans, all typical specification sheets, and other attachments;

6. Adhere to each and every term of approval as stipulated by the Director in his or her approval of the particular plan; and

7. Stop construction and notify the Licensed Designer if unanticipated conditions are encountered that indicate the OWTS cannot be installed in accordance with the approved application, plan and specifications, or any terms and conditions contained therein.

C. Responsibilities of a Licensed Designer - The Licensed Designer shall be responsible for witnessing and inspecting the installation of the OWTS that the Licensed Designer has designed. In no case shall the individual witnessing and inspecting the installation of the OWTS be the Licensed Installer who installs the OWTS, except for the repair of an OWTS. Any individual assisting a Licensed Designer in witnessing and inspecting the installation of an OWTS must be an employee of the same business entity as the Licensed Designer, and such individual must work under the Licensed Designer's direct supervision in respect to witnessing and inspecting the installation of the OWTS. The Licensed Designer shall be available to directly witness and inspect the system installation to resolve any instances of non-compliance, design conflicts resulting from changed conditions or other circumstances, or as may be requested by the Department. The Licensed Designer shall inform the owner, in writing, of any special conditions, operating requirements, or periodic maintenance needs associated with the installed OWTS.

D. Areas Served by Private Drinking Water Wells - Prior to installation of an OWTS in areas served by private drinking water wells, the Licensed Designer shall verify that conditions on site and adjacent to the site are the same as at the time of design approval, or have not changed in a manner that would affect the original design. If conditions have changed in a manner that would affect the original design, the Licensed Designer shall notify the Department prior to installation of the OWTS.

E. Notification to Department - The Licensed Designer shall notify the Department during normal business hours at least twenty-four (24) hours prior to the installation of any OWTS. The Department, at its discretion, may inspect any aspect of the installation. All Department-required inspections must be inspected by the Licensed Designer prior to notification to the Department.

F. Inspection - The Licensed Designer shall, at minimum, inspect and make measurements, where appropriate, of the following components and steps in the installation of the OWTS:

1. The exposed bottom of the excavation for the leachfield;

2. The size and condition of all structures such as the septic tank, distribution box, flow diffusers, etc.;

3. The elevation of all pipe inverts;

4. All sand media and aggregate is in accordance with specifications and is placed in accordance with the design plan;

5. Completed installation prior to covering;

6. The type of backfill and that the backfill is properly placed and compacted;

7. Final soil cover; and

8. All horizontal setbacks, including from the building and any wells on the site or on abutting lots.

G. Unforeseen Conditions - If conditions are encountered during construction which indicate that the OWTS cannot be installed or is not installed in accordance with the permit, or any terms and conditions contained therein, the Licensed Designer shall notify the Director as soon as possible, but no later than twenty-four (24) hours after discovery. The Department shall maintain written guidance on specifications for construction tolerances as well as conditions under which as-built plans and redesigned plans are required. The Licensed Designer shall stop construction if conditions are such that a redesign is required. Notification is not required if all design elements are within the tolerances established by the Department through written guidance. In response to the designer's notification, the Director shall either:

1. Authorize the Licensed Designer to proceed with the work onsite and to provide appropriate documentation to the Department as may be required by the Director;

2. Require the Licensed Designer to submit as-built plans within ten (10) business days after the OWTS is installed to record changes that are in compliance with the standards in these Rules, but which need to be documented; or

3. Require the Licensed Designer to submit redesigned plans and specifications to the Director for approval showing changes from the original approved application, plan and specifications.

H. Installation Verification - The Licensed Designer shall collect the information in §§ 6.47(H)(1) through (4) of this Part that can be used to verify that the installation of the OWTS was performed as specified. The Licensed Designer shall keep this information on file for a minimum of ten (10) years from the date of the Certificate of Construction in § 6.48 of this Part. At the Department's request, the Licensed Designer shall make this information available for review.

1. Daily inspection report (weather conditions, individuals onsite, work accomplished, and other information customarily included in inspection reports);

2. A minimum of two (2) photographs of the OWTS being installed, which must include the bottom bed and the completed system prior to covering;

3. List of all materials used, their source, and the dates delivered to the site; and

4. Product specification sheets, if different from those specified in the approved design.

I. Replacement Designer - An applicant may apply to the Director for approval to have a Licensed Designer, other than the one that designed the OWTS, be responsible for witnessing and inspecting the installation under the conditions specified in §§ 6.47(I)(1) and (2) of this Part. The Director may grant the approval provided the replacement Licensed Designer has a license issued in accordance with §§ 6.10 and 6.11 of this Part authorizing the Licensed Designer to design the type of OWTS in question, and the replacement Licensed Designer signs an affidavit assuming full responsibility for installation of the OWTS in accordance with the DEM issued permit.

1. An applicant may apply to the Director for a replacement Licensed Designer in either of the following circumstances:

a. The Licensed Designer of the OWTS is incapable of witnessing and inspecting the OWTS;

b. The Licensed Designer of the OWTS is unavailable or absent after a period of thirty (30) days as confirmed by the Department; or

c. The applicant contracted with a business entity for design services and the Licensed Designer who prepared the OWTS design is no longer employed by that business entity.

2. An applicant may choose to select a replacement Licensed Designer for reasons other than those in § 6.47(I)(1) of this Part, in which case the applicant must submit a redesign prepared by the replacement Licensed Designer. Any variance previously approved by the Department shall remain valid, provided that the Department agrees that the circumstances and facts regarding the variance are the same as the facts under which the original variance was granted or that the variance in the redesign represents less of a deviation from the Rules than the original variance.

J. Certificate of Construction - The Licensed Designer that is responsible for the OWTS installation shall complete a Certificate of Construction in accordance with § 6.48 of this Part. The Certificate of Construction shall not be construed to release the Licensed Installer from liability.

K. Once the Licensed Designer has certified that the OWTS has been properly installed and is operational, the Licensed Designer shall provide information and recommendations to the applicant in writing on specific OWTS operation and maintenance practices, including those needed to reduce the risk of premature failure and avoid pollution of the waters of the State.

L. The Licensed Designer is not responsible for any negligent act or omission of a user of an OWTS, including but not limited to, failure to properly use and maintain the OWTS, which causes damage to the OWTS.

250 R.I. Code R. 250-RICR-150-10-6.47

Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022