Chapter 1301:3-7 Backflow Technician

1301:3-7-01 Definitions.

(A) "Board" shall mean the 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 pursuant 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.

(E) "Approved training agency" shall mean a training agency approved by the division to teach required courses to candidates for certification as backflow technicians or continuing education courses to certified backflow technicians, pursuant to section 3703.21 of the Revised Code.

Effective: 11/20/2015
Five Year Review (FYR) Dates: 01/22/2015 and 01/22/2020
Promulgated Under: 119.03
Statutory Authority: 3703.21
Rule Amplifies: 3703.21
Prior Effective Dates: 02/02/2006

1301:3-7-02 Application for initial certification as a backflow technician.

(A) Every person acting as a backflow technician in Ohio must be certified by the division as a backflow technician.

(B) An initial applicant for certification as a backflow technician shall submit a completed application to the division on a form designated by the division. In order to qualify to sit for the backflow technician examination, the applicant must successfully demonstrate to the satisfaction of the superintendent or the superintendent's designee:

(1) Significant workplace experience relevant to backflow technician work, as follows:

(a) If the applicant is experienced in the plumbing industry, the applicant must possess five years of experience with a plumbing contractor, a hydronic contractor, or a fire protection company certified by the Ohio state fire marshal; or , the applicant must hold a current plumbing inspector certification from the division or bureau of building standards.

(b) If the applicant is experienced in the water purveyor industry business, the applicant must possess five years of experience in the water purveyor industry; or, the applicant must possess a minimum of an Ohio environmental protection agency license class I distribution or an Ohio environmental protection agency water treatment operator license.

(c) If the applicant does not have the experience set forth in paragraph (B)(1)(a) or (B)(1)(b) of this rule, the board may consider other acceptable experience related to the performance of backflow technician duties.

(2) Completion of a twenty-four hour backflow course by an approved training agency which includes a mandatory hand-on testing and repairing examination adinistered by an approved training agency.

(3) Payment of an application fee and examination fee set forth in rule 1301:3-7-04 of the Administrative Code.

(C) 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 by an approved training agency and then issue the certification.

Replaces: 1301:3-7-02

Effective: 11/20/2015
Five Year Review (FYR) Dates: 01/22/2020
Promulgated Under: 119.03
Statutory Authority: 3703.21
Rule Amplifies: 3703.21
Prior Effective Dates: 02/02/2006

1301:3-7-03 Backflow technician examination.

(A) Upon submission of an application pursuant to rule 1301:3-7-02 of the Administrative Code and acceptance of the application by the superintendent or superintendent's designee, the applicant shall be permitted to sit for the backflow technician examination.

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

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

Effective: 11/20/2015
Five Year Review (FYR) Dates: 01/22/2015 and 01/22/2020
Promulgated Under: 119.03
Statutory Authority: 3703.21
Rule Amplifies: 3703.21
Prior Effective Dates: 02/02/2006

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

Five Year Review (FYR) Dates: 01/22/2015 and 01/22/2020
Promulgated Under: 119.03
Statutory Authority: 3703.21
Rule Amplifies: 3703.21
Prior Effective Dates: 02/02/2006

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.

Five Year Review (FYR) Dates: 01/22/2015 and 01/22/2020
Promulgated Under: 119.03
Statutory Authority: 3703.21
Rule Amplifies: 3703.21
Prior Effective Dates: 02/02/2006

1301:3-7-06 approval of training agency for backflow technician education.

(A) In order to be approved by the Division, in accordance with section 3703.21 of the Revised Code, a training agency must submit a request for approval to the division every three years, and must demonstrate the following requirements:

(1) The training agency maintains a continuous physical presence in Ohio;

(2) The training agency's trainers meet the following requirements:

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

(b) Currently hold a backflow certification in Ohio.

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

(B) Upon meeting the requirements of paragraph (A) of this rule, the division shall grant approval to the training agency to teach backflow courses and administer tests.

(C) Approval may be denied or revoked by the division for the following reasons:

(1) The training agency has failed to meet or maintain the approval requirements of paragraph (A) of this rule;

(2) The training agency has made any misrepresentations or material omissions in its request for approval; or

(3) The training agency has engaged in fraud, misrepresentation, deception, malfeasance, misfeasance, or nonfeasance in the conduct of business.

Replaces: 1301:3-7-06

Effective: 11/20/2015
Five Year Review (FYR) Dates: 01/22/2020
Promulgated Under: 119.03
Statutory Authority: 3703.21
Rule Amplifies: 3703.21
Prior Effective Dates: 02/02/2006

1301:3-7-07 Denial, revocation, or suspension of a backflow certificate.

(A) The superintendent or the superintendent's designee may 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, misrepresentation, or deception;

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

(5) If a person meets paragraph (A)(2) of rule 1301:3-7-02 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 may 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: 11/20/2015
Five Year Review (FYR) Dates: 01/22/2015 and 01/22/2020
Promulgated Under: 119.03
Statutory Authority: 3703.21
Rule Amplifies: 3703.21
Prior Effective Dates: 02/02/2006

1301:3-7-08 Administrative appeal for backflow technician.

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.

Replaces: 1301:3-7-08

Effective: 11/20/2015
Five Year Review (FYR) Dates: 01/22/2020
Promulgated Under: 119.03
Statutory Authority: 3703.21
Rule Amplifies: 3703.21
Prior Effective Dates: 02/02/2006