These days, ASSE International has many different certifications. There are five different certifications related to cross-connection control alone. Sometimes certifications are voluntary – people obtain the certification to improve their knowledge or skill level, demonstrate competence in a specific task, or to improve marketability. Sometimes certifications are required by state or local law or regulation – these requirements prevent a job or task from being performed by anyone who does not have the required certification and can come about as a result of legislation or regulation or both.
In this column, I’ll give examples of different types of legislative bills and proposed changes to regulations. In addition to writing standards and developing certification programs, ASSE is also involved in getting new and revised legislation in place and working with authorities to create regulations that help to protect the health and safety of the public. We are highly dependent upon our members to bring their state and local concerns to our attention. We are fortunate to have our government relations team available to help with drafting language for bills and regulations, but we also need the help of our members to be proponents for those bills and regulations. The newest member of the government regulations team is Jim Scarborough, whose area of focus is state and local concerns. Not only can Jim help guide us through the process of proposing changes, but he also has the tools needed to follow thousands of legislative and regulatory changes as they go through arduous and lengthy processes.
One example of our advocacy centers on our work in fire protection. In most cities and states, the fire protection industry is highly regulated. In 2017, ASSE began certifying technicians who perform inspection, testing, and maintenance (ITM) on water-based fire protection systems (ASSE 15010). As a new certification, it was not yet recognized by AHJs (authorities having jurisdiction). Fire protection professionals from around the country have been introducing bills in their home states and cities to change policies and laws to accept the ASSE 15010 certification, along with the previously accepted certifications. In November 2019, SB0659 passed both the Illinois House and Senate leading the way for the ASSE 15010 certification to be accepted into law in that state. Similar legislation is pending in the State of Washington. These are examples of how the legislative process can be used by constituents within a state to bring about change for their industry.
Another example evolved from Assembly Bill 1671 in California, which authorizes the California State Water Resources Control Board to adopt standards for backflow protection through the adoption of a policy handbook. This handbook will take the place of the backflow prevention section of Title 17 in the California Code of Regulations. This is an example of how legislation is enforced by regulation.
Understanding who regulates backflow prevention testing requirements is complicated. We often get calls from people wanting to know which states accept the ASSE backflow tester certification. We also get asked what state agency oversees cross-connection control. The problem is that backflow prevention is not always regulated at the state level. In many locations, each individual water purveyor or municipality regulates the cross-connection control program. In those states where it is regulated on a state-wide basis, it could be through the departments of health, natural resources, environmental quality, environmental health, water supply, labor, commerce, or the plumbing board, to name a few.
Our government relations staff helps us to drill down to the correct regulator and find the ordinance or policy that may need to be revised to allow for ASSE certified backflow testers to be accepted in a specific jurisdiction.
Changes are brought about through a team effort that includes ASSE staff, members of our government relations team, and ASSE members who live in the cities and states where the change is needed. A great example of this came this year in the State of Missouri with the acceptance of ASSE certified backflow protection products. The Missouri Department of Natural Resources (MO DNR) had long accepted the ASSE backflow tester certification but did not accept ASSE certified backflow assemblies. Through the efforts of ASSE members within the state who were willing to attend meetings with the Missouri Safe Drinking Water Commission and then follow through on proposed changes to the MO DNR regulations, ASSE certified backflow prevention products are now accepted.
If you have concerns with the acceptance of professional or product certifications in your city or state, consider getting involved with ASSE International to bring about change. Please contact me at marianne.waickman@asse-plumbing.org.
