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Introduced House Bill (H)

DIGEST

Septic system inspection before property transfer. Provides that: (1) if a dwelling is connected to a residential onsite sewage system, the residential onsite sewage system must be inspected by a qualified inspector; (2) if a nondwelling structure is connected to a commercial onsite sewage system, the commercial onsite sewage system must be inspected by a qualified inspector; and (3) if a water well is located on the property on which the dwelling or nondwelling structure is located, water from the water well must be tested; before a fee simple interest in the dwelling or nondwelling structure may be transferred. Provides Septic system inspection before property transfer. Provides that: (1) if a dwelling is connected to a residential onsite sewage system, the residential onsite sewage system must be inspected by a qualified inspector; (2) if a nondwelling structure is connected to a commercial onsite sewage system, the commercial onsite sewage system must be inspected by a qualified inspector; and (3) if a water well is located on the property on which the dwelling or nondwelling structure is located, water from the water well must be tested; before a fee simple interest in the dwelling or nondwelling structure may be transferred. Provides that if it is necessary for a residential onsite sewage system to be inspected, the county recorder may not record a deed transferring the dwelling unless: (1) the document verifying that the inspection was conducted is presented to the county recorder; and (2) if the document indicates that the residential onsite sewage system was found not to satisfy the requirements of the state department of health rules, the person to whom the fee simple interest is being transferred presents to the county recorder an affidavit in which the person states that: (A) the problem with the residential onsite sewage system has been corrected; (B) the problem will be corrected before the person occupies the dwelling; or (C) it is not currently possible for the person to correct the problem but that the problem will be corrected when correction becomes possible. Provides that if it is necessary for a commercial onsite sewage system to be inspected, the county recorder may not record a deed transferring the nondwelling structure unless: (1) the document verifying that the inspection was conducted is presented to the county recorder; and (2) if the document indicates that the commercial onsite sewage system was found not to satisfy the requirements of the state department of health rules, the person to whom the fee simple interest is being transferred presents to the county recorder an affidavit in which the person states that: (A) the problem with the commercial onsite sewage system has been corrected; or (B) the problem will be corrected before the person uses the nondwelling structure for the purchaser's intended purpose. Provides that if the testing of water from the water well located on a property is required, the county recorder may not record a deed that transfers the property unless a document verifying that the well water has been tested is presented to the county recorder. Provides that a second inspection of a residential onsite sewage system or commercial onsite sewage system is not required if the property is transferred again within two years after an inspection, and that a second testing of the water from a water well is not required if the property is transferred again within one year after the testing. Provides exceptions from the inspection and testing requirements: (1) for certain types of property transfers; and (2) where it is not possible to have an inspection by a qualified inspector or testing by a qualified tester before the closing. Requires the state department of health to adopt rules establishing: (1) requirements and standards for inspections and testing; (2) qualifications for inspectors and testers; and (3) requirements and standards for the training and certification of inspectors and testers. ... View more