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10 Questions on Licensing for Irrigation Professionals  ICLI Landsculptor Article  |  ICLI Purpose Document  |  What Licensing Will Do For The Irrigation Professional  |  View our Slideshow  |  ICLI Processing Flowchart  |  Licensing Language First Draft  Licensing Language Revision1  |  Irrigation Board Duties

Irrigation Contractor Licensing Initiative for Landscape & Turf Professionals
By Kenneth Treacher, ICLI Committee Chairman

Not all that long ago MGIA carried out the largest survey of irrigation contractors in Michigan on the subject of licensing and certification.  The results showed contractors were overwhelmingly in favor of licensing.  Better quality contractors and installations, professionalizing industry, consumer protection, and education are the outcomes that contractors are looking forward to with licensing.

In December of 2006, a group of industry men and women met to discuss the effort and resolve needed to take licensing from concept to reality.  This group evolved into a joint committee of the Michigan Green Industry Association, Michigan Nursery and Landscape Association, and the Irrigation Association.  The effort has been titled, “Irrigation Contractor Licensing Initiative for Landscape and Turf Professionals”, ICLI for short.

ICLI committee is comprised of members with all aspects of irrigation backgrounds along with the Executive Directors of MGIA and MNLA and IA’s Director of State and Affiliate Relations.  Our legislative support is being provided by Eric Rule of the Michigan Retailers Association and Scott Faustyn of Karoub & Associates.

Since 2006 the committee has worked to construct the language needed for a license which makes sense to contractors, protects the public, and embraces Green sensibility in irrigation.  The Michigan Department of Environmental Quality’s document, “Best Management Practices for Non-Agricultural Irrigation” has been one of the reference authorities guiding the effort.  Public health issues relating to backflow prevention have been addressed. Pages of language from other states that have irrigation licensing have been reviewed and discussed.  The strengths and weaknesses of those have been evaluated.

Education is a cornerstone of any industry that looks to better itself, and an irrigator’s license would be incomplete without an educational requirement. Education will make smarter contractors in many ways, including better business people. Education must be a requirement for licensing.

Why a license now?

There a several, but the major reasons are to protect the consumer, protect the water supply, and to take control of an industry without regulation.  For those that enjoy the idea of “no rules” keep in mind the case of Illinois contractors that woke up one morning needing a plumbers license to perform irrigation,  even to replace a broken sprinkler head on a residential home.  Tens of thousands of dollars later the industry woke up to fight and make changes.  Doing nothing allows the industry to be blindsided by restrictions that we may not be able to change.  Without an effective voice we may as well stand mute. Licensing gives us that voice in no uncertain terms.

Those of us in the irrigation industry realize the responsibility that is placed on our shoulders with the public water supply. During peak summer months our systems utilize 60% of all domestic water.  Our efforts to responsibly maintain Michigan’s landscapes, parks, and athletic fields require all of the elements of best management practices to succeed.  Michigan’s legislators have their focus on the protection of the Great Lakes and we as stewards of that water need to show our solidarity. 

Licensing will provide equal footing for all contractors when it comes to the rules, something we do not have currently.  If ABC Company spends the time and money for a professional design, uses top quality components, trains his employees and hires a licensed plumber for the backflow work, how can he compete against XYZ Company that does none of this? 

Your Support

The success of ICLI depends on the support industry puts behind it.  Your support can make the difference.  Our leaders in Lansing need to hear from you.  If you do not already know who your representatives are, make a point to do so.  They are pleased to hear from their constituents and will respond. 

There is not a better example of a grassroots effort making a difference than with the recent attempt by our legislators to pass a Service Tax on services.  The outpouring of disapproval overwhelmingly caused this issue to be defeated. We need this kind of support from our industry and the public as well.  Your voice can go a long way not only with your representative, but with your customers.  Let them know how licensing will benefit them by improving contractor knowledge and installation techniques.   Your customer will appreciate your professionalism and you will benefit from their confidence in you.

Your comments are welcomed at workgroup@michiganicli.com

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Irrigation Contractors Licensing Initiative Purpose

The average single-family suburban home uses at least 30 percent of its water for outdoor irrigation while mid-summer watering can account for up to 60 percent of daily domestic water usage.  Some experts estimate that more than 50 percent of landscape water is wasted due to evaporation, wind, or over-watering. An efficient landscape irrigation system requires not only water-efficient products, but also proper design, installation, maintenance, and auditing.

As irrigation contractors we are stewards of Michigan’s water, one of our most precious natural resources. Licensing legislation sets certain minimum standards for education, dues, insurance, and quality to be met by licensed contractors. Through this licensing, there will be a reduction of water used and an education to the end-user through the proper training of the irrigation contractor.

Conservation and environmental efforts

Managed irrigation water will curtail run off, minimizing introduction of phosphorus and other fertilizer and pesticide contamination of rivers, lakes, and streams. Water management practices and water efficiency measures will be economically feasible based on both environmental and economic concerns.

Licensing will:

  • Embody conservation measures in the Great Lakes Charter.
  • Implement the Department of Environmental Quality’s “Best Management Practices for Non-Agricultural Irrigators”
  • Has direct economic effect – reduces on-water demand and increases the ability for growth.
  • Recommend guidelines outlined in the EPA “Water Sense” program.

Jobs

Licensing will:

  • Strengthen and protect those in the industry by establishing irrigation contracting as a career, skilled trade.
  • Create more work opportunity for the electrical and plumbing trades.
  • Spawn new educational opportunity at trade school/university level.

Education

A licensed irrigator will need to complete required education credits similar to existing Pesticide Applicator’s License and pass exams similar to existing Plumbers Licensing requirements.

Enforcement

The Irrigation Board shall create a plan of various strategies that will include enforcement. The plan will include advantages and disadvantages of these strategies. Penalties for non-compliance will be included.

Consumer Protection/Public Harm

Licensing will:

  • Create cost savings with more efficient systems to consumers, municipalities, commercial properties, etc.
  • Create a reduction of leaching and runoff.
  • Increase public safety and protection to all potable water.
  • Provide protection against unscrupulous business practices.
  • Reduce demand on municipal infrastructure through enhanced demand management.
  • Increase compliance with rules related to backflow prevention and thereby protects municipal water from contamination.
  • Increase compliance with rules related to improper connections to electrical systems.

In Closing

The Michigan irrigation industry has operated without any standards or regulatory framework, leaving the Michigan consumer and the Michigan environment vulnerable to the negative impacts of over watering.  In order to mitigate the negative issues, we must act to establish a system of accountability for landscape irrigation professionals, focused on reducing and/or eliminating waste. 

This solution is being offered from the stakeholders who are committed to improving landscape water use practices.  Supporting such efforts is beneficial to all parties in the form of reductions in water consumption and runoff. 

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What Licensing Will Do For The Irrigation Professional

The ICLI Committee is currently working on language that will form the basis of a licensing bill to be sent to our lawmakers in Lansing. As a part of that language, the following areas are being addressed:

  • Protect the public against inferior and illegal contractors
  • Protect Michigan’s Water Resources from abuse
  • Raise the Standards for Michigan Irrigation Systems
  • Gives the Irrigation Community a Unified Voice in Michigan
  • Improves the Education of the Irrigation Professional
  • Provides a Central Authority to Answer Public and Contractor Complaints
  • Professionalize an Industry that goes Unnoticed and Unregulated in Michigan
  • Gives newfound credibility to our profession
  • Prevents unscrupulous Contractors from installing illegal and poor quality systems

Your support of this initiative is vital to a successful and important part of the Michigan Irrigation Industry.  Show your support by signing our petition, or call 248-646-4992 in the Eastern Michigan Area, or 800-879-6652 in Western Michigan Area.

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ICLI Slideshow

ICLI Process Flowchart - click on chart to view larger

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Licensing Language Revision1

Requested Changes to 03597’07 Draft 1
July 10, 2008

Pg. 2

  • Line 7, add or entity after “individual”.
  • Line 16, add or entity after “individual”.

Pg. 3

  • Line 21 change to 5 members
  • Sec. 5 Add these Irrigation Board Duties:
    - The Board will write the Application and Test to be licensed in the State of Michigan
        • There should be three tests, one for each license – apprentice, master, and journeymen
                - Should be two sections to the test that have to be passed–
                  1. The industry experience test, and 2. A test that covers Michigan’s laws
    -
    The Irrigation Board will review applications for licensing
       It will be the responsibility of the Agency to compile and process the application
        •
    Once compiled, the Irrigation Board will review to make sure that all criteria is met
        •
    The applicant then takes the test
    -
    Fees for application and test – the test fee should go to the agency, the application fee should go back to the Irrigation Fund
    -
    Discipline
        •
    The Irrigation Board will establish standards of quality based on best management practices, industry accepted design standards, and consumer protection, i.e. letting the consumer know that they have a right to an audit
    -
    Continuing Education
        • State Agency keeps track of the recertification credits

Pg. 4

  • Lines 1-4 (b), change to 1 registered or retired landscape architect and 1 from the general public.
  • Line 19 remove the word “a” and change to “the”.

Pg. 5 – lines 7-10, fine with the change of the Board

  • Lines11-12, Strike these lines.
  • Line 23, add the word “that” between the words licensure and shall
  • Lines 25-26, this has to be removed. Change practical examination to field test.

Pg. 6

  • Lines 3-4, the Board needs to write and adopt the rules. By the irrigation Board NOT the director.
  • Line 15, the “department” should be changed to the Irrigation Board.

Pg. 7

  • Line 3 change the word “and” to the word “or”.
  • Lines 11-16, change director and department to the Irrigation Board.
  • Lines 17 (6), increase the percentage that comes back to the industry to 50% from the 12%.
  • Irrigation Board to determine industry projects to invest in
  • ADD:  The Department will provide an annual reporting of the Irrigation industry fund to the Irrigation Board.

Pg. 8

  • Line 1, change the “department” to the “Irrigation Board”.
  • Line 6, should be 20 hours.
  • Lines 10-13, Change the “director” to the “Irrigation board” promulgates rules to update, amend…
  • Line 25, change “person” to a “person or entity”, change the word “licensure” to “to establish him/herself”.

Pg. 9

  • Lines 17-27, Sec. 17-change the “department” to the “Irrigation Board” may investigate, remove shall report its findings to the board.
  • Change from may investigate the activities of a “licensee” to a “person or entity” practicing irrigation contracting.
  • Gross negligence needs to be defined. Should be loss of life. ADD:  (3) In 1995, the Legislature enacted 1995 P.A. 249, dealing with, among other things, product liability and joint and several liability in personal injury actions, the Legislature enacted the following definition of "gross negligence":  "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether injury results.

Irrigation Board Duties

June 10, 2008

The Board will write the Application and Test to be licensed in the State of Michigan

  • There should be three tests, one for each license – apprentice, master, and journeymen
    • Should be two sections to the test– 1. Pass the industry experience test, and 2. Pass a test that covers Michigan’s laws including
      • Codes/permits
        • Plumbing
        • Electrical
      • Irrigation knowledge
      • Business taxes and knowledge (contracts)
      • Insurances
      • Utility clearance requirements
      • Safety
        • MIOSHA/OSHA codes
        • Truck/Trailer
        • Vehicle licensing
  • The Irrigation Board will review applications for licensing
    • It will be the responsibility of the Agency to compile and process the application
    • Once compiled, the Irrigation Board will review to make sure that all criteria is met
    • The applicant then takes the test
  • Fees for application and test – a portion of these fees should go back to the Irrigation Fund
  • Fines will go back to the industry into the Irrigation Fund at 50%
  • The application and fee should go to the Board to the Irrigation Fund
  • The test fee goes to the agency

Discipline

  • The Irrigation Board will establish standards of quality based on best management practices, industry accepted design standards, and consumer protection, i.e. letting the consumer know that they have aright to an audit

Continuing Education

  • For irrigation licensing recertification, the Irrigation Association model will be used
  • State Agency keeps track of the recertification credits

Irrigation Fund

  • Board to determine industry projects to invest in
  • Public awareness should be a priority


10 Questions on Licensing for Irrigation Professionals with Rep. Tim Melton

By: Kenneth Treacher, ICLI Committee Chairman
Paul Hollow, ICLI Committee Member

On a very cold and snowy day in January, Paul and I met with Representative Tim Melton (D- Pontiac & Auburn Hills) at his office in Pontiac. Representative Melton has been very supportive and helpful in assisting with our efforts to improve the irrigation industry in Michigan. At this meeting we discussed several topics related to irrigation and the prospect of licensing irrigation professionals.

Many irrigation contractors have been hoping that at some time in their careers they would have the opportunity to see a licensing requirement happen. It would seem that now is as good a time as possible to see this through. The ICLI committee has been working on a solution for over two years now, and recognize that there is still a a lot of hurdles ahead.

What obstacles are we likely to encounter with Legislators? What is our toughest fight? Where will we find Support?

“Identity. You must work to let your representatives know who you are and what your problems are. Your elected officials are there to help, but they need to know who you are first. Those in support of this effort will need to take the time to contact their representatives and make them aware of your needs. Environmental groups will favor reduction in water waste and run-off.”

According to an MGIA survey conducted of Michigan irrigation contractors, about 80% of them are in favor of licensing. What can be said to the other 20%?

“You can’t please everyone, although you try. If you were giving away ice cream to 100 people, 20 of them would probably not be happy with the flavor. If licensing is the right thing for irrigators, others may be slow to get on board, but eventually will see the benefit.”

Would you favor a set of standards or Best Management Practices for a licensed irrigation industry?

“Best Management Practices that give the consumer choices. It should not limit choices for contractors and should not mandate specific standards but rather create an environment that allows the industry to adopt voluntary guidelines.”

You have served on various committees including those addressing water issues. Has non-agricultural irrigation come up in those meetings?


“No. As mentioned earlier you need to work to make your industry known. People just don’t know who you are.”

Many contractors are hoping for a “fast-track” to licensing. Is this a “slow and steady wins the race” or is there a possibility of rapid turnaround?

“It could go either way. With 40 new members and each bringing 10 or so legislative requests, things can be slow.”

So, will having these new members help or hurt our efforts?

“It will allow for more favorable opportunity. You are dealing with an environmental issue. Sustainability and Green issues are on everyone’s radar, such as LEED. You have a water issue which falls into those categories.”

I am glad you mentioned LEED. The point system for a LEED certified project favors no irrigation at all. This is obviously not in the best interest of irrigation professionals.

“All the more reason to seek support from environmental and conservation groups for your effort. You need to identify how your industry can save water, reduce run-off of chemicals, pollutants, and water.

The success of any licensing program is measured by the enforcement of the program. With the current economic climate will there be funds available to make it work?

“No. In order for this to work, it needs to be self funded. Your industry needs to bring these issues to light and get the support of other groups. Finding common ground is important with them so that issues of funding can be explored. It is also important to note that the stakeholders want to have this and are willing to pay for it”

Where do you feel our best path lies to reach our goal?

“There are possibilities in various areas which need to be explored. Once the language is back from the Legislative Services Bureau, and after any revisions are completed, convening a workgroup of stakeholders, regulatory authority, and others should happen. This will be an important step in establishing the common ground we spoke about.
In addition, you need to get the support of a state Senator.”

Do you have any comments or suggestions which will help our initiative?

“This is a water issue and water is a very hot topic in Michigan. Getting the support of other water and environmental groups is very important. You should show how this has been handled by other states and how effective it has been. Work to show that improvement is needed and is possible, and that the net result is positive.”

Thank you for your time and support Representative Melton.

At this year’s MGIA Trade Show and Convention an informative presentation that updates industry on our progress and what to expect in the upcoming months will happen on March 3, 2009 and the Rock Financial Showplace in Novi, Michigan. Please mark your calendar to attend.

You can find much more information at our website: www.michiganicli.com

Your comments are welcomed at icliworkgroup@michiganicli.com

Landsculptor Magazine, March 2009
www.landscape.org