2002 Regular Session
To: Public Health and Welfare
By: Representative Frierson
AN ACT TO AMEND SECTION 41-67-25, MISSISSIPPI CODE OF 1972, TO REDUCE THE MINIMUM LIABILITY LIMITS OF THE PUBLIC LIABILITY INSURANCE POLICY THAT AN INSTALLER OF INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEMS MUST HAVE TO BE CERTIFIED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-67-25, Mississippi Code of 1972, is amended as follows:
41-67-25. (1) A person may not operate as an installer in this state unless that person is certified by the board except any individual who installs an individual on-site wastewater disposal system on his own property or a professional engineer.
(2) An installer of aerobic treatment plants or subsurface drip disposal systems must be a factory-trained and authorized representative. The manufacturer must furnish documentation to the department certifying the satisfactory completion of factory training and the establishment of the installer as an authorized manufacturer's representative.
(3) The board shall issue a certification to an installer if the installer:
(a) Completes an application form that complies with this chapter and rules adopted under this chapter;
(b) Satisfactorily completes the training program provided by the department;
(c) Pays the annual certification fee; and
(d) Provides proof of having a valid public liability insurance policy in effect with liability limits of at least Twenty-five Thousand Dollars ($25,000.00) per occurrence and at least Fifty Thousand Dollars ($50,000.00) in total aggregate amount.
(4) Each installer shall furnish proof of certification to a property owner, lessee, the owner's representative or occupant of the property on which an individual on-site wastewater disposal system is to be designed, constructed, repaired or installed by that installer and to the department or its authorized representative, if requested.
(5) The department shall provide for annual renewal of certifications.
(6) (a) An installer's certification may be suspended or revoked by the board after notice and hearing if the installer violates this chapter or any rule or regulation adopted under this chapter.
(b) The installer may appeal a suspension or revocation under this section as provided by law.
(7) The department semiannually shall disseminate to the public an official list of certified installers and provide to county health departments a monthly update of the list.
SECTION 2. This act shall take effect and be in force from and after July 1, 2002.