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Septic Tank Inspections Effective July 1, 2009 |
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Written by Angie
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Wednesday, 27 May 2009 10:03 |
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The governor vetoed a
one year delay in the implementation of the septic tank inspection law. As of
July 1 THIS YEAR, all septic tanks, unless exempt, will be
required to be inspected and not present an unsanitary condition prior to the
county allowing or recording transfer of title.
If a property closes
after June 30, this regulation will be effective.
Key provisions of the code (IA Code section 455B.172) ---
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Certified inspection
report must be filed with the county, or in the event weather or other temporary
conditions prevent inspection, buyer must bind themselves to conduct an
inspection at a practical time and be responsible for any required modifications
to the septic system.
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Know exempt properties,
most of the type of transfers exempt under the property disclosure law are also
exempt for the inspection law, including court ordered transfers, foreclosures,
bank repossessions, estates, guardianships, conservatorship and trusts, joint
tenants or tenants in common, intra-family transfers, between divorcing
individuals, and properties intended to be demolished or razed.
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If the owner can provide
documentation of the tank being properly pumped within three (3) years prior to
inspection by a commercial septic tank cleaner licensed by the DNR, as long as
it includes the size, condition and its components- it would be exempt from
inspection.
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If the tank is failing
or improperly functioning, it shall be renovated to meet current construction
standards. the costs and responsibility shall be paid by either the seller, or
within a time frame set by the county or DNR, the buyer.
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If, after inspection,
the system is found to be properly treating wastewater and not creating an
unsanitary condition, the system is not required to meet current construction
standards.
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An inspection is valid
for two (2) years for any ownership transfers during that period. Abstracts for
properties with septic tanks shall include documentation of the requirements of
this law.
Link to the Iowa Code
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=82&menu=text&hbill=SF261
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