(1) The Oregon Health Authority by rule shall establish a certification program for persons who inspect cross-connections or test backflow assemblies. The program shall include minimum qualifications necessary for a person to be certified to:

(a) Conduct a cross-connection inspection; and

(b) Test a backflow assembly.

(2) Except for an employee of a water supplier as defined in ORS § 448.115, a person certified under this section must:

(a) Become licensed as a construction contractor with the Construction Contractors Board as provided under ORS Chapter 701; or

(b) Be employed by a landscape contracting business licensed under ORS § 671.510 to 671.760.

(3) In conjunction with the certification program established under subsection (1) of this section, the authority may establish and collect a fee from an individual requesting certification under the program. A fee imposed under this subsection:

(a) Is not refundable; and

(b) May not exceed the cost of administering the certification program of the authority for which purpose the fee is established, as authorized by the Legislative Assembly within the budget of the authority and as the budget may be modified by the Emergency Board.

(4) The authority may not require a journeyman plumber licensed under ORS Chapter 693 or an apprentice plumber, as defined in ORS § 693.010, to obtain a certification for testing backflow assemblies under the program established under this section.

(5) All moneys collected by the Oregon Health Authority under this section shall be deposited in the General Fund to the credit of an account of the authority. Such moneys are continuously appropriated to the Oregon Health Authority to pay the cost of administering the certification program established pursuant to this section and the cost of administering water system cross-connection and backflow assembly programs. [1993 c.565 2,3; 1997 c.398 § 1; 1999 c.402 § 3; 2005 c.609 § 9; 2005 c.736 § 1; 2005 c.806 § 12; 2007 c.71 § 137; 2007 c.541 § 4; 2009 c.595 § 859]

(Civil Penalties)