Chapter 1301:3-7 Backflow Technician

1301:3-7-01 Definitions.

(A) "Board" shall mean the not more than eleven members appointed by the superintendent of the division of industrial compliance in the Ohio department of commerce pursuant to section 3703.21 of the Revised Code.

(B) "Board of Building Standards" shall mean the board established purusant to section 3781.07 of the Revised Code.

(C) "Division" shall mean the division of industrial compliance in the Ohio department of commerce.

(D) "Superintendent" shall mean the superintendent of the division of industrial compliance in the Ohio department of commerce.

Effective: 02/02/2006
R.C. 119.032 review dates: 02/02/2011
Promulgated Under: 119.03
Statutory Authority: RC Sec. 3703.21
Rule Amplifies: RC Sec. 3703.21

1301:3-7-02 Certification as a Backflow Technician.

(A) An applicant for certification as a backflow technician shall submit a completed application to the division on a form designated by the division, and submit payment of a $ 50.00 application fee. The applicant shall meet one of the following requirements:

(1) If the applicant is experienced in the plumbing industry, demonstrate to the satisfaction of the superintendent or to the superintendent's designee that the applicant shall possess five years of experience in one of the following:

(a) Employed by a plumbing cntractor; or

(b) Employed by a hydronic contractor; or

(c) Employed with a fire protection company certified by the Ohio state fire marshal; or

(d) Hold a current plumbing inspector certification from the division or bureau of building standards.

(2) If the applicant is experienced in the water purveyor industry business, demonstrate to the satisfaction of the superintendent or to the superintendent's designee that the applicant shall possess one of the following:

(a) Five years of experience in the water purveyor industry;

(b) A minimum of an Ohio environmental protection agency license class I distribution; or

(c) A minimum of an Ohio environmental protection agency water treatment operator license.

(B) If an individual cannot meet the requirements outlined in paragraphs (A)(1) or (A)(2) of this rule, then the superintendent or superintendent's designee may consider:

(1) If the applicant holds another state's backflow certification, then the superintendent may permit the applicant to complete an eight-hour Ohio recertification backflow course and then issue the certification.

(2) If the applicant has other experience acceptable to the board, then the superintendent may permit the individual to take the examination.

Effective: 02/02/2006
R.C. 119.032 review dates: 02/02/2011
Promulgated Under: 119.03
Statutory Authority: RC Sec. 3703.21
Rule Amplifies: RC Sec. 3703.21

1301:3-7-03 Backflow Technician Examination.

(A) The applicant shall submit payment of $ 50.00 examination fee to the division of industrial complianc and shall demonstrate to the satisfaction of the superintendent or the superintendent's designee each of the following requirements to examine:

(1) Completion of a twenty-four hour backflow course which includes a mandatory hands-on testing and repairing examination administered by an approved training agency; and

(2) Passage of the examination administered by the superintendent or his designee.

(B) The examination shall be prepared, administered, and scored by the division.

(C) If reexamination occurs an additional $ 50.00 must be submitted to the division of industrial compliance.

Effective: 02/02/2006
R.C. 119.032 review dates: 02/02/2011
Promulgated Under: 119.03
Statutory Authority: RC Sec. 3703.21
Rule Amplifies: RC Sec. 3703.21

1301:3-7-04 Fees for Backflow Application and Examination.

(A) The fees for the backflow certification application and examination under Chapter 1301:3-7 of the Administrative Code shall be non-refundable, paid to the division prior to the administration of the examination, and shall be as follows:

(1) application fee........................................$ 50.00

(2) examination fee......................................$ 50.00

(3) reexamination fee..................................$ 50.00

(4) certification fee.....................................$ 75.00 every three years

Effective: 02/02/2006
R.C. 119.032 review dates: 02/02/2011
Promulgated Under: 119.03
Statutory Authority: RC Sec. 3703.21
Rule Amplifies: RC Sec. 3703.21

1301:3-7-05 Renewal of a Certificate as a Backflow Technician.

(A) An applicant for renewal of a certificate as a backflow technician shall meet each of the following requirements:

(1) Completion of a minimum of an eight-hour backflow course by an approved training agency;

(2) Passage of a mandatory practical test conducted by an approved training agency in accordance with the "Backflow Prevention & Cross-Connection Control Manual" of the division; and

(3) Submission of a payment of a renewal fee of $ 75.00 every three years.

Effective: 02/02/2006
R.C. 119.032 review dates: 02/02/2011
Promulgated Under: 119.03
Statutory Authority: RC Sec. 3703.21
Rule Amplifies: RC Sec. 3703.21

1301:3-7-06 Training Agency for Backflow Technician Education.

(A) A training agency shall meet each of the following requirments triennially:

(1) Sited in Ohio;

(2) Agencies shall use trainers that meet the following requirements:

(a) Possess six years of experience in the backflow industry; and

(b) Hold a backflow certification in Ohio currently.

(3) Upon request of the division, attend an annual meeting held by the division.

(4) Meet any other requirements established by the superintendent as deemed necessary.

Effective: 02/02/2006
R.C. 119.032 review dates: 02/02/2011
Promulgated Under: 119.03
Statutory Authority: RC Sec. 3703.21
Rule Amplifies: RC Sec. 3703.21

1301:3-7-07 Denial, Revocation, or Suspension of a Backflow Certificate.

(A) The superintendent or the superintendent's designee shall direct the board to deny issuance or renewal or revoke or suspend a certificate if the board finds that the applicant has done any of the following:

(1) Falsify documentation;

(2) Violate any provision of Chapter 3703 of the Revised Code or rules adopted pursuant thereto;

(3) Obtain a license by fraud, mispreresentation, or deception;

(4) Engage in fraud, misrepresentation, deception, malfeasance, misfeasance, or nonfeasance in the conduct of business; or

(5) If a person meets rule 1301:3-7-02(A)(2) of the Administrative Code and performs test and inspections on an isolation device that is not owned by the public water system.

(B) Upon a reasonable cause shown, the superintendent shall direct the board to:

(1) Suspend or revoke a holder's backflow certification for a specified period of time, from a minimum of six months to a maximum of life, which the board establishes.

(2) Require a holder of a backflow certificate to complete additional continuing education courses within a specified time period.

(C) Upon written notification of the action of the board, the aggrieved may appeal pursuant to Chapter 119. of the Revised Code and rule 1301:3-7-08 of the Administrative Code.

Effective: 02/02/2006
R.C. 119.032 review dates: 02/02/2011
Promulgated Under: 119.03
Statutory Authority: RC Sec. 3703.21
Rule Amplifies: RC Sec. 3703.21

1301:3-7-08 Administrative Appeal for Backflow Technician.

(A) Administrative hearings held under Chapter 3703. of the Revised Code, shall be conducted in conformity with Chapter 119. of the Revised Code relating to adjudication hearings. In the event of any conflict between the provisions of Chapters 3703. and 119. of the Revised Code, any specific provisions of Chapter 3703. of the Revised Code shall prevail over general provisions of Chapter 119. of the Revised Code.

(B) Subject to the provisions of Chapters 3703. and 119. of the Revised Code relating to adjudication hearings, the superintendent of the division may designate any person to appear on behalf of the division at an administrative hearing held under Chapter 3703. of the Revised Code.

Effective: 02/02/2006
R.C. 119.032 review dates: 02/02/2011
Promulgated Under: 119.03
Statutory Authority: RC Sec. 3703.21
Rule Amplifies: RC Sec. 3703.21