Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

June 12, 2003

RE: Septic system designs by licensed design professional
Education Law Articles 145 & 147

This is in response to your questions regarding the requirements that all septic system designs be by licensed design professional, signed and sealed, in accordance with Education Law Articles 145 & 147. As you have found already, the Department of Health (DOH) Design Handbook for Individual Residential Wastewater Treatment Systems, for Appendix 75A, states that, in accord with State Education Law, plans for such septic systems must be prepared by a design professional licensed by the State Education Department to practice in New York State. This includes systems which are compliant to the basic specifications of Appendix 75A.

You also ask if the exceptions for alterations under $10,000. for PE and $20,000. for RA; or residential buildings of 1,500 sq. ft. provide an exemption. It is the opinion of DOH that the exemptions are not applicable because DOH considers septic systems as a public health issue. The phrase "wherein the safeguarding of life, health, property, and public welfare is concerned" is found in the definitions of both the practice of engineering (Article 145) and the practice of the profession of architecture (Article 147).

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have questions regarding this advisory, please call me at (518) 474-4073.

Sincerely,
Cheryl A. Fischer, P.E.
Assistant Director for Code Interpretation
Codes Division
Al03-054

Finger Lakes Building Officials Association, Inc.
3100 Atlantic Ave.
Penfield, NY 14526