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IMPORTANT:
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.
Alert your sellers and buyers on this new requirement!
If a property closes after June 30, this regulation will be effective.
Any questions may be directed to:
Mr.. Daniel Olson, R.S.
Environmental Specialist Senior
Onsite Wastewater Program
Iowa Dept. of Natural Resources
502 E. 9th Street
Des Moines, Iowa 50319-0034
515-281-8263
fax: 515-281-9985
E-mail: daniel.olson@dnr.iowa.gov
Key provisions of the code (IA Code section 455B.172) ---
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.
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.
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.
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.
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.
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
Detailed
administrative rules enacted by the DNR
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