§ 37-101. Examination and registration of well drillers.

(a)

Registration required. No person, except as provided in section 37-57, shall construct a water well and/or pump installation or offer to perform services as a water well contractor and/or pump installer unless he holds a valid and appropriate certificate of registration. A person, who is an officer, partner or sole owner of a firm or corporation, and who meets the qualifications of the board of county commissioners, may be issued a certificate of registration as a well driller and/or pump installer by the building official according to the procedures set forth in this article. Registration as a well driller shall not be construed as qualifications for pump installation, nor shall registration as a pump installer be construed as qualifications to drill wells.

(b)

Requirements for registration. An applicant for registration must apply in writing on the form provided by the building official, except as hereinafter provided. Prior to the issuance of a notification of eligibility for registration, the applicant must:

(1)

Prepare a record of his experience in the construction of wells and/or installation of pumps. The applicant must have a minimum of two (2) years of experience working on the drilling and construction of wells and/or pump installations.

(2)

Demonstrate by performance, interview or examination before the building codes board of adjustments and appeals that he is competent and qualified to engage in the business of well drilling and/or pump installation.

(3)

Demonstrate knowledge of the rules and regulations governing well drilling and/or pump installation and construction within the county. The applicant must furnish proof that he can properly comprehend and complete the necessary forms required and requested by the building official.

Any well driller licensed by the department of environmental regulation shall be issued a certificate of registration by the building official upon a showing of his license.

(c)

Qualifying for registration. After the application for registration has been reviewed in accordance with this section, the building official shall notify each applicant of his eligibility or ineligibility for registration as a well driller and/or pump installer.

(d)

Issuance of certificate of registration. When the applicant meets the appropriate provisions of this section the building official shall issue a certificate of registration as a well driller and/or pump installer.

(e)

Expiration and renewal of certificate of registration. All certificates of registration shall expire on the first day of January next following the date of issuance. A certificate of registration may be renewed for an ensuing year by making application on the prescribed form at least thirty (30) days prior to the expiration date of the current certificate.

(f)

Supervision of well drilling and construction. All operations of well construction and/or pump installation shall be under the supervision of a registered well drilling contractor and/or pump installer.

(g)

Identification number. The identification number of each registered contractor shall remain the same continuously from year to year.

(h)

Grounds for refusal, suspension or revocation of certificate of registration. The building codes board of adjustments and appeals may refuse to issue or renew or may suspend or revoke a certificate of registration on any one (1) or more of the following grounds:

(1)

Material misstatement in the application for certificate of registration;

(2)

Failure to have or retain the qualifications required in this section;

(3)

Willful disregard or violation of this article or any rule or regulation promulgated by the board of county commissioners pursuant thereto; or of any law of the state relating to wells and pumps;

(4)

Willfully aiding or abetting another in the violation of this article or any rule or regulation promulgated by the board pursuant hereto; or of any law of the state;

(5)

Gross incompetency in the performance of the work of a water well contractor and/or pump installer;

(6)

Allowing the use of his license or registration certificate by an unregistered person;

(7)

Failure to pay the appropriate registration fee.

(i)

Refusal, suspension or revocation of certification of registration. Certificates of registration applied for or issued under this section shall be subject to refusal, suspension or revocation as follows:

(1)

In case of refusal, suspension or revocation of a certificate of registration, the person concerned shall be notified by registered mail.

(2)

In case of adverse action, the person concerned may file a written notice of intent to appeal to the board of county commissioners within thirty (30) days from his receipt of notification.

(j)

Transfer of certificate of registration. A certificate of registration shall not be transferable or assignable.

(k)

Marking vehicles and equipment. It is the duty of all registered contractors to assure that all water well drilling rigs, trucks and other vehicles used by them or their employees in well construction and/or pump installation business are marked with legible, visible identification numbers at all times.

(1)

The identification number to be used on the vehicles and well rigs shall be the registration number of the contractor responsible for construction operations prefixed with "Orange County Well Reg. No. _____."

(2)

The registration number shall be displayed on each side of every water well rig and other construction-related vehicles in numerals not less than two (2) inches high. Such numerals shall be subject to the approval of the building official at the time the contractor's registration is granted.

(l)

Registration fees. Except as hereinafter provided, recipients of a well driller and/or pump installer's certificate of registration shall pay an annual registration fee as determined by the board of county commissioners. Such fees shall be in an amount sufficient to cover the costs of administering the certification exam and shall be due within ten (10) days of the issuance of a notification of eligibility. Any well driller licensed by the department of environmental regulation shall be exempt from payment of any registration fee established by the board of county commissioners pursuant to this section.

(Code 1965, § 36A-5; Ord. No. 70-5, § 5, 12-31-69; Ord. No. 70-7, § 1, 6-17-70; Ord. No. 71-3, § 4, 5-4-71; Ord. No. 80-2, § 3, 1-15-80; Ord. No. 92-36, §§ 10(g), 11, 11-10-92; Ord. No. 93-02, §§ 8(g), 9, 1-19-93)