House File 2143 - Introduced
HOUSE FILE
BY HUSER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to certain water treatment and supply=related
2 inspections conducted by licensed commercial septic tank
3 cleaners when certain property is sold or transferred.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5656YH 81
6 tm/je/5
PAG LIN
1 1 Section 1. NEW SECTION. 455B.196 SEWAGE DISPOSAL SYSTEM
1 2 INSPECTIONS.
1 3 A building where a person resides, congregates, or is
1 4 employed that is not connected to a public sewage disposal
1 5 system shall have the sewage disposal system inspected at the
1 6 time of sale or transfer of ownership of the building to
1 7 ensure that all wastewater is properly treated. The septic
1 8 tank shall be opened and pumped at the time of inspection or
1 9 shall have been pumped and the pumping documented within the
1 10 previous three years. Any secondary treatment system shall be
1 11 inspected. Failing or improperly functioning systems shall be
1 12 renovated to meet current standards either by the seller or,
1 13 by agreement, within a reasonable time period by the buyer. A
1 14 septic tank inspection shall be conducted by a commercial
1 15 septic tank cleaner licensed by the department. A septic tank
1 16 inspection form shall be submitted with each declaration of
1 17 value submitted to a county recorder. A county recorder shall
1 18 refuse to record any deed, instrument, or writing for which a
1 19 declaration of value is required under chapter 428A unless the
1 20 form required by this section has been submitted to the county
1 21 recorder. If a declaration of value is not required, a septic
1 22 tank inspection form shall be submitted to the county recorder
1 23 separately. The director shall prescribe the forms to be used
1 24 as required by this section. A county recorder shall transmit
1 25 copies of all forms submitted pursuant to this section to the
1 26 department as directed by the department. An agent of an
1 27 owner shall not be liable for any inaccuracy in forms
1 28 submitted pursuant to this section. This section shall not
1 29 limit any liability imposed under a contract or under any
1 30 other law.
1 31 EXPLANATION
1 32 This bill relates to certain water treatment and supply=
1 33 related inspections conducted by licensed commercial septic
1 34 tank cleaners when certain property is sold or transferred.
1 35 The bill provides that a building where a person resides,
2 1 congregates, or is employed that is not connected to a public
2 2 sewage disposal system shall have the sewage disposal system
2 3 inspected at the time of sale or transfer of ownership of the
2 4 building to ensure that all wastewater is properly treated.
2 5 The bill provides that a septic tank shall be opened and
2 6 pumped at the time of inspection or shall have been pumped and
2 7 the pumping documented within the previous three years and
2 8 that any secondary treatment system shall be inspected. The
2 9 bill provides that failing or improperly functioning systems
2 10 shall be renovated to meet current standards either by the
2 11 seller or, by agreement, within a reasonable time period by
2 12 the buyer. The bill requires a septic tank inspection to be
2 13 conducted by a licensed commercial septic tank cleaner. The
2 14 bill requires a septic tank inspection form to be submitted
2 15 with each declaration of value submitted to a county recorder.
2 16 The bill requires a county recorder to transmit copies of all
2 17 forms submitted to the department of natural resources.
2 18 LSB 5656YH 81
2 19 tm:nh/je/5