CHAPTER Sep 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Sep 101 PURPOSE AND SCOPE

Sep 101.01 Purpose and Scope.

(a) The purpose of this subdivision is to assure that a septic system evaluator performs professional services only when the septic system evaluator is qualified by education and training in the specific technical areas involved.

(b) These provisions regulate but are not limited to the licensing of septic system evaluators and the practice of septic system evaluation in the state of New Hampshire.

Source. #13791, eff 10-25-23

PART Sep 102 DEFINITIONS

Sep 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:

(a) "Board" means “board” as defined in RSA 310-A:203, I namely “means the board of septic system evaluators”;

(b) "Client" means “client” as defined in RSA 310-A:203, II namely “an individual who pays a fee for a septic system evaluation report”;

(c) "Evaluation" means “evaluation” as defined in RSA 310-A:203, IV namely " means the process by which a septic system evaluator observes and determines the condition of a septic system at a point in time in accordance with the board-approved standards of practice and code of ethics"; and

(d) "Evaluator" means “evaluator” as defined in RSA 310-A:310, V namely “a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of septic system evaluations as attested by licensure as a septic system evaluator.”

Source. #13791, eff 10-25-23

PART Sep 103 BOARD ORGANIZATION

Sep 103.01 Duties and Responsibilities. The board shall administer the provisions of RSA 310-A:202-221 which include but are not limited to safeguarding property, to promoting public welfare and maintaining a high standard of integrity, skills, and practice in the profession of septic evaluators in this state.

Source. #13791, eff 10-25-23

Spe 103.02 Composition of the Board. Pursuant to RSA 310-A:206, I the board shall consist of 5 members who meet the eligibility requirements of RSA 310-A:206 I-IV.

Source. #13791, eff 10-25-23

Sep 103.03 The Chairperson and Vice Chairperson. The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

Source. #13791, eff 10-25-23

Sep 103.04 Organization. Every 2 years, the board shall elect or appoint a chairperson, vice-chairperson, and secretary at the first meeting of the board in a calendar year.

Source. #13791, eff 10-25-23

Sep 103.05 Office Hours, Office Location, Mailing Address, and Telephone Number.

(a) The board’s office shall be located at the New Hampshire Office of Professional Licensure & Certification, 121 South Fruit Street, Concord, N.H. and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

(b) Correspondence shall be addressed to the board at:

The Board of Septic System Evaluators

New Hampshire Office of Professional Licensure & Certification

7 Eagle Square

Concord, N.H. 03301

Source. #13791, eff 10-25-23

PART Sep 104 PUBLIC INFORMATION

Sep 104.01 Record of Board Actions. Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be a governmental record and shall be available for inspection during the board’s ordinary office hours within 5 days from the close of the meeting or vote in questions unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

Source. #13791, eff 10-25-23

Sep 104.02 Custodian of Records. Persons desiring copies of board records shall submit a request which identifies as particularly as possible the information being sought. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

Source. #13791, eff 10-25-23

PART Spe 105 MEETINGS, DELIBERATIONS AND DECISIONS

Spe 105.01 Meetings. Regular meetings shall be held at least 3 times each year. Special meetings shall be called by order of the chairperson or vice chairperson. Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meeting. Notice of meetings shall be posted in accordance with RSA 91-A:2.

Source. #13791, eff 10-25-23

Spe 105.02 Quorum. A quorum of the board shall be a majority of the members appointed by the governor and council.

Source. #13791, eff 10-25-23

CHAPTER Sep 200 RULES OF PRACTICE AND PROCEDURE

REVISION NOTE:

Document #13792, effective 10-25-23, repealed Part Sep 201 through Part Sep 219 in Chapter Sep 200, titled “Procedural Rules”, and renamed the chapter as “Rules of Practice and Procedure”. Document #13792 also adopted a new Part Sep 201 titled “Applicability and Waiver of Substantive Rules”, containing Sep 201.01 titled “Applicability of Plc 200” and Sep 201.02 titled “Waiver of Administrative Rules.”

Document #13792 replaces all prior filings affecting the rules in the former Chapter Sep 200. The only prior filing was Document #12840, effective 7-30-19.

As practice and procedure rules, the rules in Document #13792 will not expire except pursuant to RSA 541-A:17, II.

PART Sep 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

Sep 201.01 Applicability of Plc 200. The Plc 200 rules shall govern the board of septic system evaluators with regards to all procedures for:

(a) The conduct of adjudicatory proceedings;

(b) Rulemaking submissions, considerations, and disposition of rulemaking petitions;

(f) Declaratory rulings;

(g) All statements of policy and interpretation;

(h) Explanation of adopted rules;

(i) Voluntary surrender of licenses; and

(j) Petitions for waiver of rule.

Source. (See Revision Note at chapter heading for Sep 200) #13792, eff 10-25-23

Sep 201.02 Waiver of Administrative Rules.

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of the rules of the board.

(b) Individuals who wish to request a waiver of a rule shall submit a written request to the board, which includes:

(1) The rule for which a waiver is requested;

(2) The anticipated length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) Evidence of how the waiver will provide for the health and safety of the consumer or licensee;

(5) A time-limited written compliance plan which sets forth plans to achieve compliance including an estimated date of compliance; and

(6) The signature of the applicant.

(1) If adherence to the rule would cause the petitioner unnecessary or undue hardship;

(2) If the requested waiver is necessary because of any neglect or misfeasance on the part of the practitioner;

(3) If enforcement of the rule would injure a third person(s); and

(4) If waiver of the rule would injure a third person(s).

(d) The board shall approve a waiver of an administrative rule request only if:

(1) Granting a waiver does not have the effect of waiving or modifying a provision of RSA 310-A;

(2) The petitioner has shown good cause exists pursuant to (c) above to waive the rule.; and

(3) The board determines that the individual’s plans for compliance with the rule includes an estimated date of compliance and eventual compliance.

(e) If the board, after receiving and reviewing a request for a waiver, requires further information or documentation to grant or deny the waiver, the board shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or documentation the board requires.

(f) The board shall issue a written approval or denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is required. If additional information and documentation is required, then the board shall issue a written approval or denial within 60 days of receiving the requested information or documentation.

Source. (See Revision Note at chapter heading for Sep 200) #13792, eff 10-25-23

CHAPTER Sep 300 LICENSURE REQUIREMENTS

PART Sep 301 APPLICATION REQUIREMENTS

Sep 301.01 Application Process.

(a) Persons wishing to become licensed as a septic system evaluator in New Hampshire shall complete and submit to the licensing bureau the “Universal Application for Initial Licensure” and provide the information required by Plc 304.03, the documentation required by Plc 304.04, the signature and attestation specified in Plc 304.05, and the application fee specified in Plc 1002.49.

(b) Applications shall be reviewed pursuant to Plc 304.06.

(c) Applicants may challenge the denial of an application for initial licensure by submitting a petition for a rehearing as required by Plc 304.10(a).

(d) Plc 304.06 shall govern applications about which there has been no communication from the applicant.

Source. #12392, INTERIM, eff 9-28-17, EXPIRED: 3-27-18

New. #12654, eff 10-31-18 (formerly Sep 302.01); ss by #14360, eff 10-26-25, EXPIRES: 10-26-35

Sep 301.02 Application for Licensure. Each applicant for licensure shall provide the following information to the licensing bureau on the “Addendum to the Universal Application for Initial License for Septic System Evaluators”, revised August 2025:

(a) A “yes” or “no” answer to the question “Does the applicant hold a Granite State septic system certified evaluator designation pursuant to RSA 310-A:210, II?”;

(b) A “yes” or “no” answer to the questions “Has the applicant completed the classroom and field training from a board approved septic evaluator provider, pursuant to RSA 310-A:210, I(a)? If “yes,” has the applicant provided documentation issued by the course provider that includes the following information:

(1) The date of the course;

(2) Where the course was taken; and

(3) Name of the course provider;

(d) A “yes” or “no” answer to the question “Has the applicant passed a board approved examination required by Sep 303.01?”.

Source. #12392, INTERIM, eff 9-28-17, EXPIRED: 3-27-18

New. #12654, eff 10-31-18; ss by #14360, eff 10-26-25, EXPIRES: 10-26-35

Sep 301.03 Application and Licensure. Fees. Application, examination, and licensing fees shall be governed by Plc 1002.49.

Source. #12654, eff 10-31-18; ss by #14360, eff 10-26-25, EXPIRES: 10-26-35

PART Sep 302 QUALIFICATION OF APPLICANTS

Sep 302.01 Candidate Requirements.

(a) Candidates for licensure shall meet the requirements established by RSA 310-A:210 before a license shall be granted.

(b) The candidate shall have committed no ethical violations as set forth in RSA 310-A:205 and no misconduct pursuant to RSA 310-A:216, II.

(1) Candidates shall have successfully completed:

a. A board-approved pre-licensing education program; and

b. A board-approved pre-licensing fieldwork program;

(2) Candidates shall be at least 18 years of age; and

(3) Candidates shall be of good moral and professional character, as evidenced by the answers to questions required by Plc 304.04

Source. #12392, INTERIM, eff 9-28-17, EXPIRED: 3-27-18

New. #12654, eff 10-31-18 (formerly Sep 303.01); ss by #14360, eff 10-26-25, EXPIRES: 10-26-35

Sep 302.02 Approval of Pre-Licensing Education Courses.

(a) Applicants for approval of pre-licensing courses shall submit the following:

(1) A course outline describing content and course hours to be taught, at least 3 months prior to the implementation of the course on subject areas approved by the board, including:

a. RSA 310-A; and

b. Sep 100 through 600.

(2) Documentation that substantiates the following:

a. How the program curriculum reflects current practice standards; and

b. The organization of the curriculum including:

1. The content of each of the courses;

2. The goals and objectives of each of the courses;

3. The total number of hours of classroom instruction;

4. Credentials of the instructor(s);

5. Expected student outcomes;

6. Curricular organization;

7. Course and unit objectives; and

8. The processes used to evaluate the progress of the students.

Source. #12392, INTERIM, eff 9-28-17, EXPIRED: 3-27-18

New. #12654, eff 10-31-18; ss by #14360, eff 10-26-25, EXPIRES: 10-26-35 (formerly Sep 302.03)

Sep 302.03 Approval of Pre-Licensing Fieldwork Programs. A pre-licensing fieldwork program shall meet the following requirements:

(a) Formal pre-licensing fieldwork programs shall:

(1) Require candidates to complete at least 5 evaluations during the program, in addition to 10 evaluations supervised by a New Hampshire licensed evaluator;

(2) Require candidates to evaluate at least 3 different types of septic systems; and

(3) Evaluate students on a pass or fail basis; or

(b) Informal pre-licensing fieldwork programs shall require candidates for licensure to complete at least 25 septic evaluations of 5 different septic system types, under the supervision of a New Hampshire licensed septic system evaluator, provided that the applicant provides copies of the inspection reports that are signed by the supervisor with their application for licensure.

Source. #12392, INTERIM, eff 9-28-17, EXPIRED: 3-27-18

New. #12654, eff 10-31-18; ss by #14360, eff 10-26-25, EXPIRES: 10-26-35 (formerly Sep 302.04)

PART Sep 303 EXAMINATIONS

Sep 303.01 Examinations. Candidates for licensure shall have successfully passed the exam as administered by the board-approved pre-licensing education provider.

Source. #12392, INTERIM, eff 9-28-17, EXPIRED: 3-27-18

New. #12654, eff 10-31-18 ss by #14360, eff 10-26-25, EXPIRES: 10-26-35

PART Sep 304 ENDORSEMENT

Sep 304.01 Endorsement.

(a) Candidates for licensure who are licensed or registered in another state shall be eligible for licensure pursuant to RSA 310:17, provided that the candidate’s current state of licensure has licensure, registration, or certification requirements that are substantially equivalent to or higher than those of this state, pursuant to Plc 313.55.

(b) Candidates applying for licensure under this section shall complete and submit the “Universal Application for Initial Licensure”, to provide the information required by Plc 304.03, the documentation specified in Plc 304.04, and the signature and attestation as specified in Plc 304.05. The verification of licensure or examination shall be obtained by the candidate for licensure and submitted to the licensing bureau directly from the verifying state for approval.

Source. #12392, INTERIM, eff 9-28-17, EXPIRED: 3-27-18

New. #12654, eff 10-31-18; ss by #14360, eff 10-26-25, EXPIRES: 10-26-35

PART Sep 305 CREDENTIALS

Sep 305.01 License. Applications shall be reviewed as required by Plc 304.06 and Plc 304.08. Decisions on applications for initial license shall be made as required by Plc 304.09.

Source. #12654, eff 10-31-18; ss by #14360, eff 10-26-25, EXPIRES: 10-26-35

Sep 305.02 Licensed Septic System Evaluator Seal, Stamp, and License Number.

(a) Upon issuance of a license to an applicant as a licensed septic system evaluator, the licensee shall acquire an impression type seal or rubber stamp of the design described in (b) below. This seal shall bear the licensee's name and number as shown on the license.

(b) The seal shall consist of 2 concentric circles with the outer circle having a diameter of 1- 9/16 inches and the inner circle diameter of 15/16 inches. In the space between the circles, the top shall be the words "Licensed Septic System Evaluator " and at the bottom "State of New Hampshire." In the space inside the inner circle shall be the full name of the licensee over an image of a probe and a shovel and the license number written under the image.

(c) The stamping or sealing of any documents by the licensee with the licensee's seal after the license has expired, has been suspended, revoked, or surrendered voluntarily shall be a violation of these rules. The stamping or sealing of any documents by the licensee not prepared by the licensee personally or under the licensee’s direct supervision shall be a violation of these rules.

Source. #12654, eff 10-31-18; ss by #14360, eff 10-26-25, EXPIRES: 10-26-35 (formerly Sep 305.03)

CHAPTER Sep 400 CONTINUED STATUS

PART Sep 401 RENEWAL OF LICENSE

Sep 401.01 Expirations and Renewals. Pursuant to RSA 310-A:215, licenses shall be renewed by written application prior to the expiration date and by payment of the prescribed renewal fee. The board shall notify each septic system evaluator one month prior to expiration of their license. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board.

Source. #12654, eff 10-31-18

Sep 401.02 Renewal of License.

(a) Any licensee wishing to renew a license shall submit:

(1) A completed “Septic System Evaluator Renewal Application” form, revised September 2018, supplied by the board;

(2) The fee specified in Sep 301.03;

(3) If the renewal is not received by the date of expiration, a late fee of 20 percent per month for a period of 12 months;

(4) Proof of completion of the continuing education requirements of Sep 403; and

(5) If applicable, a copy of the licensee’s military orders calling them to active duty pursuant to Sep 401.02 (b).

(b) Upon request of the licensee who is a member of the armed forces or the reserves or the national guard of the United States that is called to active duty, the board shall place the license in inactive status. The license may be reactivated by the licensee within one year of the licensee’s release from active status by paying the renewal fee and completing and submitting the “Septic System Evaluator Renewal Application” form, unless still within the renewal period.

Source. #12654, eff 10-31-18

Sep 401.03 Renewal Application. The applicant shall supply the following information on the “Septic System Evaluator Renewal Application” form, revised September 2018 and provided by the board, for license renewal:

(a) The applicant’s license number and expiration date;

(b) The applicant’s full name;

(d) The applicant’s home address and telephone number;

(e) The applicant’s email address;

(f) Certification that the applicant has complied with the continuing education requirements of Sep 403;

(g) A statement indicating any disciplinary action brought against the applicant;

(h) A statement indicating whether the applicant has ever been convicted of any felony, or any misdemeanor, and if so, the name of the court, the details of the offense, and the date of conviction and the sentence imposed;

(i) A statement indicating that to his or her knowledge the applicant has adhered to the ethical and professional standards of RSA 310-A:205 and Sep 500 – and Sep 600;

(j) Acknowledgment that the provision of materially false information in the application known by the applicant to be untrue is a basis for denial;

(k) Acknowledgement that, if the applicant provided false information that is discovered after the license is renewed, it is a basis for disciplinary action by the board;

(l) Evidence of successful completion of 6 hours of board approved education pursuant to RSA 310-A:212;

(m) The renewal fee as specified in Sep 301.03; and

(n) The applicant’s signature and date.

Source. #12654, eff 10-31-18

Sep 401.04 Denial of Renewal. Renewal shall be denied if, after notice and an opportunity for hearing, the board finds:

(a) Noncompliance with the continuing education requirements of Sep 403.01;

(b) Any unethical act for which discipline shall be imposed under RSA 310-A:205;

(d) Failure to furnish complete or accurate information on an initial or renewal license application; or

(e) Failure to file a renewal application within 12 months of license expiration.

Source. #12654, eff 10-31-18

Sep 401.05 Reinstatement. A septic system evaluator on inactive status or whose license to practice in this state has been lapsed for a period of 12 months or more shall:

(a) Complete and submit a “Septic System Evaluator Reinstatement” form, revised September 2018, to the board that shall include at least the following:

(1) The applicant’s full name;

(2) The date the applicant’s initial license was issued and the license number;

(3) The applicant’s business address and telephone number;

(4) The applicant’s home address and telephone number;

(5) The applicant’s email address;

(6) Documentation that the applicant has complied with the continuing education requirements of Sep 403;

(7) A statement indicating any disciplinary action brought against the applicant;

(8) A statement indicating whether the applicant has ever been convicted of any felony, any misdemeanor, or a violation and if so, the name of the court, the details of the offense, and the date of conviction and the sentence imposed;

(9) A statement indicating that to their knowledge the applicant has adhered to the ethical and professional standards of RSA 310-A:205 and Sep 500;

(10) A representation that the applicant acknowledges that the provision of false information in the application is a basis for disciplinary action by the board; and

(11) The applicant’s signature and date; and

(b) Applicants shall submit the application and reinstatement fees as specified in Sep 301.03.

Source. #12654, eff 10-31-18

Sep 401.06 Denial of Reinstatement. Reinstatement shall be denied if, after notice and an opportunity for hearing, the board finds:

(a) Noncompliance with the continuing education requirements of Sep 403.01;

(b) Any unethical act for which discipline shall be imposed under RSA 310-A:205;

(d) Failure to furnish complete or accurate information on an initial or renewal license application.

Source. #12654, eff 10-31-18

CHAPTER Sep 400 CONTINUED STATUS

PART Sep 401 RENEWAL OF LICENSE

Sep 401.01 Expirations and Renewals. Pursuant to RSA 310:8, licenses shall be renewed by written application prior to the expiration date and by payment of the prescribed renewal fee. The licensing bureau shall notify each septic system evaluator at least 2 months prior to expiration of their license. If properly renewed, a license shall remain in effect for 2 years from the date of issuance unless suspended or revoked.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

Sep 401.02 Renewal of License.

(a) Any licensee wishing to renew a license shall submit:

(1) A completed “Universal Application for License Renewal”, as described in Plc 308.05, in which the applicant provides the information required in Plc 308.06, the documentation described in Plc 308.07, and signs the form pursuant to Plc 308.08;

(2) The fee specified in Plc 1002.49;

(3) Proof of completion of the continuing education requirements of Sep 403; and

(4) If applicable, a copy of the licensee’s military orders calling them to active duty pursuant to Sep 401.02 (b).

(b) Licensees who are serving in the armed forces or the reserves or the national guard of the United States that is called to active duty, may submit a completed “Request for Inactive Status – Military Activation” form dated March 2024 and provide the information required by Plc 307.06 to the licensing bureau. Licensees may submit a “Request for License Reactivation” form to provide the information specified in Plc 307.07, within one year of the licensee’s release from active status, to reactivate their license.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

Sep 401.03 Renewal Application. The applicant shall supply the information required by Plc 308.06 on the “Universal Application for License Renewal”, and sign and attest to to as required by Plc 308.08.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

Sep 401.04 Denial of Renewal.

(a) Renewal applications shall be denied if, the licensing bureau finds:

(1) Noncompliance with the continuing education requirements of Sep 403.01;

(2) Any unethical act for which discipline shall be imposed under RSA 310-A:205;

(3) Reasons for which an initial application could be denied; or

(4) Failure to furnish complete or accurate information on an initial or renewal license application.

(b) Any applicant who has been refused a license may request a petition for rehearing pursuant to Plc 311.16.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

Sep 401.05 Reinstatement. A septic system evaluator whose license to practice in this state has been lapsed for a period of 12 months or more shall apply for initial licensure pursuant to Plc 304.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

PART Sep 402 DISCIPLINARY MATTERS

Sep 402.01 Reserved

Source. #12654, eff 10-31-18; rsvd by #14361, eff 10-26-25

Sep 402.02 Disciplinary Sanctions.

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to a mutually agreed upon settlement or consent decree.

(b) When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, the board shall issue an order pursuant to Plc 311.14, as applicable.

(c) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction, the licensee shall be subject to any disciplinary sanction authorized by RSA 310-A:216 after considering the presence of aggravating or mitigating circumstances.

(d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310:12 after considering the presence of aggravating or mitigating circumstances.

(e) The following shall be considered aggravating circumstances:

(1) The seriousness of the offense;

(2) Prior disciplinary record;

(3) Lack of willingness to cooperate with the board; and

(4) Potential harm to public health and safety.

(f) The following shall be considered mitigating circumstances:

(1) Absence of a prior disciplinary record;

(2) Willingness to cooperate with the board;

(3) Acknowledgment of their wrongdoing; and

(4) The purpose of the rule or statute violated.

(g) No hearing date established in a proceeding conducted under Sep 402.02 shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period, if any, pending issuance of the board’s final decision.

(h) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

Sep 402.03 Administrative Fines.

(a) Adjudicative procedures seeking the assessment of an administrative fine shall be commenced against any person subject to such fines under any provision of RSA 310-A when the board possesses evidence indicating that a violation has occurred.

(b) When persons subject to the board’s disciplinary authority are directed to pay fines pursuant to Sep 402.03(c), such fines shall be assessed in accordance with the factors stated in Sep 402.02(e) and (f) and the following additional financial considerations:

(1) As an aggravating factor, the cost of any investigation or hearing conducted by the board; and

(2) As a mitigating factor, the licensee’s ability to pay a fine assessed by the board.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

PART Sep 403 CONTINUING EDUCATION

Sep 403.01 Renewal Requirements.

(a) Continuing education hours shall be earned pursuant to RSA 310-A:212.

(b) A renewal application shall not be accepted for filing unless the licensee indicates on the renewal application, and under penalty of unsworn falsification, that the applicant has completed the minimum required hours of approved continuing education hours required pursuant to RSA 310-A:212.

(c) Each licensee shall obtain at least 6 continuing education hours of approved continuing education courses during the biennial renewal period as a condition of license renewal.

(d) Continuing education courses taken in the armed services, to be creditable, shall be of a character equivalent to that which would have been gained in the civilian sector doing similar work.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

Sep 403.02 Continuing Education Hour Requirements. Continuing education hours shall meet the following criteria:

(a) Continuing education activities shall be relevant to the practice of septic system evaluations, or no credit shall be awarded. Such continuing education activities may include technical, ethical, or managerial content; and

(b) Education may be earned in one of the following categories:

(1) Wetlands science;

(2) Safety, including dig safe;

(3) Ethics;

(4) Soil science;

(5) Septic components, design, and installation; and

(6) Septic system evaluations.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

Sep 403.03 Continuing Education Hour Credits. Continuing education hours shall be credited as follows:

(a) A maximum of 2 continuing education hours per renewal cycle shall apply to activity on a state or national board of licensure;

(b) Successful completion of college courses in one of the topics outlined in Sep 403.02(b) shall count towards a maximum of 3 continuing education hours per renewal cycle;

(c) Credit shall be awarded for one hour of continuing education in course work, seminars, or professional technical presentations made at meetings, conventions, or conferences for each hour of attendance. Attendance at qualifying programs presented at professional or technical society meetings shall earn continuing education hour units for the actual time of each program;

(d) Teaching or instructing qualifying courses or seminars or making presentations at technical meetings shall earn continuing education hours credit at twice that of participants, up to 3 hours per renewal cycle. Teaching credit shall be valid for teaching a course or seminar for the first time only. Teaching credit shall not apply to full-time faculty;

(e) Continuing education credits shall not be recognized for any repeat program attended or completed; and

(f) Successful completion of all requirements necessary to become a permitted septic designer or septic installer, by the New Hampshire department of environmental services shall count towards a maximum of 3 continuing education hours in the renewal cycle during which such licensure was obtained.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

Sep 403.04 Record Keeping.

(a) The responsibility of maintaining records to be used to support credits claimed shall be the responsibility of the licensee.

(b) Records shall contain at least the following documentation:

(1) A log showing the type of activity claimed, sponsoring organization, location, instructor’s or speaker’s name, and continuing education hour credits earned; and

(2) Attendance verification records in the form of completion certificates or other documents supporting evidence of attendance such as:

a. Signed attendance receipts;

b. Paid receipts; or

c. A copy of a listing of attendees signed by a person sponsoring the course or program or the course or program provider.

(c) The licensee shall retain attendance verification records for a period of at least 4 years. Such documentation shall be made available to the OPLC for random audit and verification purposes. Documentation shall support continuing education hours claimed. Failure to provide documentation for audit verification shall result in disciplinary action.

(d) The OPLC will conduct audits as required by Plc 308.04(d) for compliance with Sep 403.01.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

Sep 403.05 Exemptions.

(a) A licensee may request a waiver from the continuing education requirements, pursuant to Sep 201.02(j), for any of the following reasons:

(1) A licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year shall be exempt from obtaining the continuing education hours required during that year; or

(2) Licensees experiencing disability, illness, or other extenuating circumstances which would prevent the licensee from completing the required continuing education hours.

(b) A licensee seeking a waiver shall file the request as required by Plc 211.03 through Plc 211.05.

Source. #12654, eff 10-31-18; ss by #14361, eff 10-26-25, EXPIRES: 10-26-35

CHAPTER Sep 500 ETHICAL STANDARDS AND PROFESSIONAL CONDUCT

PART Sep 501 ETHICAL STANDARDS AND PROFESSIONAL CONDUCT

Sep 501.01 Purpose and Scope.

(a) To establish and maintain a high standard of integrity, skills, and practice in the practice of home inspection, the following rules of professional conduct are adopted in accordance with RSA 310-A.

(b) The rules shall be binding upon every person holding a license issued by the board.

Source. #12654, eff 10-31-18

Sep 501.02 Obligation To Obey.

(a) The professional standards set forth in this part shall bind all licensees, and violation of any such standard shall result in disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by a candidate for licensure as a home inspector in this state, or during a prior period of licensure, shall result in denying a license application.

(b) All persons licensed under RSA 310-A shall be considered to have knowledge of the existence of the code of ethics pursuant to RSA 310-A:205 and shall be deemed to be familiar with its provisions. Such knowledge shall encompass the understanding that the practice of septic system evaluation is a privilege, as opposed to a right, and the licensee shall be forthright and candid in the licensee's statements or written response to the board or its representatives on matters pertaining to professional conduct.

Source. #12654, eff 10-31-18

Sep 501.03 Code of Ethics. The ethical standards binding licensees shall be the code of ethics pursuant to RSA 310-A:205.

Source. #12654, eff 10-31-18

CHAPTER Sep 600 STANDARDS OF PRACTICE

PART Sep 601 PURPOSE AND SCOPE

Sep 601.01 Purpose and Scope.

(a) The purpose of this chapter is to:

(1) Establish minimum standards of practice for conducting septic system evaluations; and

(2) Provide the public with objective information regarding the condition of the systems and components of the septic system as inspected at the time of the inspection.

(b) This chapter shall apply to every person licensed by the board.

(c) These standards of practice shall be applicable to onsite septic systems, individual residential homes, and commercial properties.

Source. #12841, eff 7-30-19

PART Sep 602 DEFINITIONS

Sep 602.01 Definitions.

(a) “Approved plans and specifications” means the approved plan, the construction approval, the operational approval, and the maintenance pamphlet, “You and Your Septic Systems”, published by the department of environmental services.

(b) “Bed” means the portion of an effluent disposal area that contains the leach lines, exclusive of any fill extensions.

(c) “Cesspool” means an underground pit into which is discharged raw or partially- treated sewage or other essentially untreated wastes and from which the liquid seeps or leaches into the surround soil. The term includes cesspit and effluent disposal cesspool.

(d) “Commercial” means any use that is not solely residential as defined in Env-Wq 1002.59.

(e) “Construction approval” means written approval for construction of a proposed individual sewage disposal system.

(f) “Conventional pipe and stone system” means an individual sewage disposal system in which effluent is dispersed through small-diameter pipe that is perforated only on the lower half and that lies within a bed of septic stone.

(g) “Deficiency” means the quality or state of being defective or of lacking some necessary quality or element.

(h) “Department of environmental services (DES)” means the New Hampshire department of environmental services, located at 29 Hazen Drive, Concord, NH 03301.

(i) “Department staff” means an employee or agent of DES who is authorized by the department to review and discuss preliminary plans for subdivision or ISDS, or both, to advise on modifications, and to approve plans for subdivisions or ISDS, or both, and installations of ISDS for the department.

(j) “Design intent” means a statement of actual bottom elevation of the bed in relation to an established reference elevation on site, in accordance with Env-Wq 1003.06(a)–(g).

(k) “Distribution box (D-Box)” means a box that is designed to insure equal distribution of effluent to the leach line and the bottom of each outlet line from the distribution box is the same height within the box.

(l) “Domicile” means that place where an individual has his or her true, fixed, and permanent home and principal establishment, and to which, whenever he or she is absent, he or she has the intention of returning. An individual might have more than one residence, but has only one domicile.

(m) “Drainage swale” means a vegetated area where waters flow to such a limited extent that neither channels nor wetlands vegetation develop.

(n) “Dry well” means an effluent disposal area constructed as a covered, underground pit with an open-jointed or perforated lining and surrounded with septic stone, into which effluent is discharged for final disposal into the surrounding soil.

(o) “Effluent” means the liquid component of sewage after solids have settled out.

(p) “Effluent disposal area (EDA)” means an area designed for the final disposal of effluent, including the bed and any required fill extensions, in which effluent is dispersed using leach lines or dry wells.

(q) “Expansion” means an increase in the design flow, based on Env-Wq 1008.03, over the existing design flow for an existing structure or an increase in the size of the footprint or ridgeline of an existing or former structure.

(r) "Failure" means “failure” as defined in RSA 485-A:2, IV, namely “the condition produced when a subsurface sewage or waste disposal system does not properly contain or treat sewage or causes the discharge of sewage on the ground surface or directly into surface waters, or the effluent disposal area is located in the seasonal high groundwater table.”

(s) “Fair” means a system is in middle age which might be ponded at the bottom.

(t) “Free of fines” means free of small particles such as silts or clay.

(u) “Gallons per day (GPD)” means the standard measure of water or wastewater flow in a 24-hour period.

(v) “Good” means a system which shows little or no ponding in the EDA bottom, in system types where the EDA bottom is observable.

(w) “Gray water” means residential wastewater other than from a urinal or a toilet.

(x) “Grease trap” means a tank or series of tanks into which wastewater that contains grease is discharged, where grease floats to the water’s surface and is retained while the water below is discharged.

(y) “Holding tank” means a sealed tank with no outlet to a dry well or other effluent disposal area and which stores septage or other wastes until the wastes can be pumped out and hauled to an approved disposal site. A holding tank is not an individual sewage disposal system as defined in Env-Wq 1002.36.

(z) “Increase the load on a sewage disposal system,” as used in RSA 485-A:38, means:

(1) In an existing residential building, adding bedrooms or converting existing rooms to additional bedrooms;

(2) Converting from seasonal to full-time use or occupancy, as specified in Env-Wq 1004.23(b);

(3) Converting from residential use only to residential plus commercial use or commercial use only; or

(4) Changing or adding to an existing commercial use so as to increase the flow as calculated using Env-Wq 1008.03.

(aa) “Individual sewage disposal system (ISDS),” also known as the septic system, means any wastewater disposal or treatment system, other than a system regulated under Env-Wq 700, which receives sewage or other wastes, or both, including septic tank leach field systems, privies or dry pit toilets, and incinerator-type toilets such as gas-operated, electric, fossil- fueled or any combination thereof. The term does not include “cesspool”.

(ab) “Innovative/Alternative waste treatment” means “innovative /alternative waste treatment” as defined in RSA 485-A:2, XXI. The term includes ISDS that incorporate technology approved by DES pursuant to Env-Wq 1024.

(ac) “Inspection” means an overview by DES or by DES’s designee of the effluent disposal system to ensure that the installed system is in compliance with the approved plans and specifications.

(ad) “Installation” means to establish or construct an effluent disposal system in a indicated place.

(ae) “Invert” means the bottom of any structure, for example, the invert of a pipe is the bottom of the pipe.

(af) “Large disposal system” means an individual sewage disposal system which is designed for a flow of more than 2,500 gallons of sewage per day.

(ag) “Leach line” means the component of an individual sewage disposal system, other than a dry well, which actually disperses effluent, such as a large- diameter graveless pipe, a chamber, a small-diameter perforated pipe, or some other technology approved pursuant to Env-Wq 1024.

(ah) “Manufactured housing park (MHP)” means “manufactured housing park” as defined in RSA 205-A:1,II, namely “any parcel of land under single or common ownership or control which contains, or is designed, laid out or adapted to accommodate 2 or more manufactured houses.” The term does not include premises used solely for storage or display manufactured housing.

(ai) “Operational approval” means written approval to cover and use or operate the constructed ISDS, which is issued only after inspection by DES staff under RSA 485-A:29, I.

(aj) “Permitted designer” means an individual who holds a current authorization under RSA 485-A:35, I, to design an ISDS.

(ak) “Permitted installer” means an individual who holds a current authorization under RSA 485-A:36, I, to install an ISDS.

(al) “Poor” means a system that is nearing the end of its useful life under the current load, but is not yet failing.

(am) “Probing” means the digging into the EDA by means of hand tools such as a metal probe, auger, soil spade, or similar tool.

(an) “Recreational campground“ means a parcel of land on which 2 or more campsites are occupied or are intended for temporary occupancy for recreational dwelling purposes only, and not for permanent year-round residency. The term does not include recreation camps as defined in RSA 485- A:23.

(ao) “Septic tank” means a settling unit designed to remove substantially all settleable solids.

(ap) “Small disposal system” means an individual sewage disposal system, which disposes up the and including 2500 gallons of sewage per day.

(aq) “Standard dimension ratio (SDR)” means the ratio of pipe diameter to pipe wall thickness.

(ar) “Surface water of the state” means perennial and seasonal streams, lakes, ponds and

tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

(as) “Trench” means an effluent disposal system in which the leach lines are separated by a specific amount of soil constructed either of stone and pipe or where other EDA components are used in trench configuration.

(at) “Trench system” means an individual sewage disposal system in which the leach lines are separated by a vertical barrier of soil.

(au) “Watercourse” means a channel providing for the conveyance of water, whether natural or artificial, which is scoured, indicating periods of concentrated flow. The term does not include drainage swales and areas of poorly drained soils as defined in Env-Wq 1002.51 in which no scour channel exists.

(av) “Wetland” means “wetlands” as defined in RSA 482-A:2, X, namely, “an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” The term include swamps, marshes, bogs, and similar areas.

Source. #12841, eff 7-30-19

PART Sep 603 SEPTIC SYSTEM EVALUATION REPORT REQUIREMENTS

Sep 603.01 Minimum Requirements for Septic System Evaluation Reports. Reports prepared by licensees pursuant to this chapter shall, at a minimum contain the following information:

(a) The client’s name that is ordering the report;

(b) The following information available off-site, provided by the owner or agent, if available prior to inspection:

(1) Property location, including street address, tax map number, and lot number;

(2) Owners’ name;

(3) Research tax card, DES OneStop Data and Information, Online Searchable Database, and town files;

(4) Type of use, whether residential or commercial;

(5) Current use or vacant building;

(6) State approval and plans;

(7) Year the building was constructed;

(8) Year the septic system was installed;

(9) Whether a garbage disposal is present;

(10) Whether a hot tub or a soaking tub is present;

(11) Any water system conditioners backwashed into EDA;

(12) Identification of basement bathrooms with injector pumps;

(13) Pumping records if known; and

(14) Whether any separated systems such as laundry or other disposal systems are present.

(c) The following information obtained from the on-site evaluation: if the following information cannot be obtained or is pertinent the evaluator must state why or be provided by the owner or agent:

(1) Date of inspection;

(2) Whether the site differs from existing plans and town or state information;

(3) Type of system found;

(4) When digging, what was found, and how many holes;

(5) Information relative to root infiltration;

(6) The approximate size of the system;

(7) Current weather conditions;

(8) Information relative to any innovative technology used;

(9) Whether the D-Box was evaluated;

(10) Condition of the system;

(11) Type of system;

(12) The following information concerning the septic tank:

a. The estimated size and type;

b. Pumping schedule from owner;

c. Whether baffles are present and what type;

d. Whether the tank was pumped at time of inspection;

e. Liquid levels;

f. Scum and sludge depths;

g. Tank condition;

h. Tank accessibility; and

i. Whether effluent filter is present;

(13) Whether there is a pump station present and, if so:

a. Whether the pump is operational; and

b. Whether any alarms are present;

(14) Whether there is a municipal or observable onsite well and, for onsite wells, the well radius, distance to well if known;

(15) Overall site condition, as evidenced by photos, sketches, or state approved septic plan(s);

(16) A notation if no field is located;

(17) Proprietary standards; and

(18) If access to basement is available, check for gray matter effluent line;

(d) The evaluator’s license number;

(e) A report of those systems and components that, in the professional opinion of the evaluator, are not functioning properly, are damaged, or are unsafe;

(f) Any recommendations to correct, or monitor for future correction, deficiencies reported in Sep 603.01(b) or items needing further evaluation; and

(g) An evaluator shall not make comments on the life of the system.

Source. #12841, eff 7-30-19

PART Sep 604 ETHICAL STANDARDS AND STANDARDS OF CONDUCT

Sep 604.01 Standards of Conduct.

(a) Nothing in this chapter shall preclude septic system evaluators from providing other

inspection services or including, as part of their evaluation, systems and components in addition to those required in Sep 603.01(a).

(b) Evaluators shall not exclude any systems or components listed in Sep 603 from the evaluation if requested by the client and noted on the evaluation.

(1) When weather conditions, such as frost and snow cover prevent the ability to probe;

(2) When the system depth is so deep that conventional probing can’t take place without mechanical machines; or

(3) When probing is not required because other observations have made it unnecessary.

(d) The evaluator shall not have to determine methods or materials necessary to correct any deficiencies noted in the evaluation report.

(e) The evaluator shall not project the cost(s) of repair(s) for any deficiency noted in the evaluation report.

(f) The evaluator shall not provide any engineering or design services unless qualified pursuant to RSA 310-A:201, IV.

(g) The evaluator shall not be required to enter any area if, in the opinion of the evaluator, entry into such area:

(1) Is likely to be dangerous to the inspector or other persons; or

(2) Will cause damage to the property, its systems, or components.

(h) If the system is in failure as per the definition, the evaluator shall advise the client that he or she should contact a designer.

(i) Evaluations of proprietary systems shall be based on manufacturer standards.

Source. #12841, eff 7-30-19

CHAPTER Sep 700 BOARD APPROVAL OF PRE-LICENSING EDUCATION AND FIELDWORK PROGRAMS

PART Sep 701 APPROVAL OF PRE-LICENSING EDUCATION AND FIELDWORK

Sep 701.01 Basic Requirements for Approval. The board shall approve any individual or organizational provider of pre-licensing education and fieldwork that meets the following minimum requirements:

(a) Provision of at least 6 hours of classroom study in accordance with Sep 701.02;

(b) Provision of at least 6 hours of field study in accordance with Sep 701.02; and

Source. #13111, eff 9-24-20

Sep 701.02 Course Requirements. Approved pre-licensing classroom and field-work providers shall require, as part of the programs expected outcomes, that students:

(a) Be able to address the physical and operational condition of the on-site effluent disposal area and describe observed deficiencies;

(b) Are familiar with septic tanks, including:

(1) When pumping is not needed due to new or low flow conditions; and

(2) Proper scum and sludge thicknesses;

(d) Understand relevant sections of Env-Wq 1000;

(e) Are familiar with conventional pipe and stone systems, dry wells, cesspools, concrete, fabric, plastic, and aerobic treatment units;

(f) Can read plans and locate the system;

(g) Know where to find information pertaining to systems being evaluated;

(h) Are able to determine whether the EDA is in good, fair, or poor condition, discuss the process of failure and the proper steps to address suspected failure; and

(i) Are familiar with the minimum reporting requirements outlined in Sep 603.

Source. #13111, eff 9-24-20

Sep 701.03 Approval Procedures. Any individual or organizational entity seeking approval from the board to provide pre-licensing education and fieldwork programs shall submit:

(a) A “Septic System Evaluator Training Program Application”, effective 2/2019; and

(b) A general outline of the education and fieldwork programs, including but not limited to:

(1) The total number of hours;

(2) The expected course outcomes;

(3) Syllabus;

(4) Materials;

(5) Minimum requirements of Sep. 603 and Sep.701.02;

(6) Information and basic knowledge on proprietary systems; and

(7) Credentials of the instructor(s).

Source. #13111, eff 9-24-20

APPENDIX

Rule	Specific State Statute the Rule Implements
Sep 101.01	RSA 310-A:202
Sep 102.01	RSA 310-A:203
Sep 103.01	RSA 310-A:202
Sep 103.02	RSA 310-A:206, I
Sep 103.03	RSA 310-A:206, VII
Sep 103.04	RSA 310-A:206, VII
Sep 103.05	RSA 541-A:16, I(b)
Sep 104.01	RSA 310-A:206, VIII
Sep 104.02	RSA 541-A:16, I(b)
Sep 105.01	RSA 310-A:206, VII
Sep 105.02	RSA 310-A:206, VII

Sep 201.01	RSA 541-A:16, I (b)
Sep 201.02	RSA 541-A:16, I (b)

Sep 301.01	RSA 310-A:207, I(a)
Sep 301.02	RSA 310-A:207, I(a); RSA 310-A:211
Sep 301.03	RSA 310:5, I
Sep 302.01	RSA 310-A:207, I(a); RSA 310-A:210
Sep 303.02	RSA 310-A:207, I (h)
Sep 302.03	RSA 310-A:207, I(f)
Sep 303.01	RSA 310-A:207, I(g), II
Sep 303.02	RSA 310-A:207, I (b); RSA 310-A:210, II-IV
Sep 304.01	RSA 310:17
Sep 305.01	RSA 310:4, II(c)
Sep 305.02	RSA 310-A:207, I(h)

Sep 401.01	RSA 310-A:207, I (d); RSA 310-A:215
Sep 401.02	RSA 310-A:207, I (d), (e); RSA 310-A:215
Sep 401.03	RSA 310-A:207, I (d)
Sep 401.04	RSA 310-A:207, I (d); RSA 541-A:16, I (b), intro.
Sep 401.05	RSA 310-A:207, I (d)
Sep 401.06	RSA 310-A:207, I (d); RSA 541-A:16, I (b), intro.
Sep 402.01	RSA 310-A:207, I (g); RSA 310-A:216
Sep 402.02	RSA 310-A:207, I (g); RSA 310-A:216
Sep 402.03	RSA 310-A:207, I (g), (k); RSA 310-A:216
Sep 402.04	RSA 310-A:207, I (g), (k); RSA 310-A:216
Sep 403.01	RSA 310-A:207, I (d), (h); RSA 310-A:212
Sep 403.02	RSA 310-A:207, I (d), (h); RSA 310-A:212
Sep 403.03	RSA 310-A:207, I (d), (h); RSA 310-A:212
Sep 403.04	RSA 310-A:207, I (c), (d), (h); RSA 310-A:212
Sep 403.05	RSA 310-A:207, I (d), (h); RSA 310-A:212
Sep 403.06	RSA 310-A:207, I (d), (h); RSA 310-A:212; RSA 541-A:16, I (b), intro.

Sep 501.01	RSA 310-A:207, I (f); RSA 310-A:205
Sep 501.02	RSA 310-A:207, I (f); RSA 310-A:205
Sep 501.03	RSA 310-A:207, I (f); RSA 310-A:205

Sep 601.01	RSA 310-A:207, I(f); RSA 310-A:204
Sep 602.01	RSA 310-A:207, I(f); RSA 310-A:204
Sep 603.01	RSA 310-A:207, I(f); RSA 310-A:204
Sep 604.01	RSA 310-A:207, I(f); RSA 310-A:204

Sep 701.01	RSA 310-A:207, I(h); RSA 310-A:210, I(a)
Sep 701.02	RSA 310-A:207, I(h); RSA 310-A:210, I(a)
Sep 701.03	RSA 310-A:207, I(h); RSA 310-A:210, I(a)