House
File
634
-
Introduced
HOUSE
FILE
634
BY
COMMITTEE
ON
NATURAL
RESOURCES
(SUCCESSOR
TO
HSB
194)
A
BILL
FOR
An
Act
relating
to
persons
certified
to
conduct
1
time-of-transfer
inspections
of
private
sewage
disposal
2
systems,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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634
Section
1.
Section
455B.172,
subsection
11,
paragraph
e,
1
Code
2023,
is
amended
to
read
as
follows:
2
e.
(1)
Pursuant
to
chapter
17A
,
the
department
shall
3
adopt
certification
requirements
for
inspectors
,
including
4
training,
testing,
and
fees,
and
shall
establish
uniform
5
statewide
inspection
criteria
and
an
inspection
form.
The
6
inspector
certification
training
shall
include
use
of
the
7
criteria
and
form.
Only
a
certified
inspector
may
conduct
a
8
time-of-transfer
inspection.
9
(2)
An
inspector’s
certification
shall
be
considered
10
current
if
the
inspector
has
paid
initial
and
renewal
fees
11
required
to
maintain
certification,
is
up-to-date
on
continuing
12
education
units,
is
in
good
standing
with
the
department,
and
13
has
not
otherwise
been
decertified.
14
(3)
The
department
shall
maintain
a
publicly
available
15
list
of
currently
certified
inspectors
on
the
department’s
16
internet
site
.
The
department
shall
maintain
the
list
such
17
that
an
inspector’s
name
is
displayed
next
to
the
date
that
the
18
inspector’s
certification
first
became
valid
and
the
date
that
19
the
inspector’s
certification
is
set
to
expire.
20
(4)
A
certified
inspector
who
fraudulently
files
a
21
time-of-transfer
report
is
subject
to
a
civil
penalty
of
five
22
thousand
dollars
and
the
inspector’s
certification
shall
be
23
suspended
for
one
year.
24
(5)
The
seller
is
responsible
for
ensuring
that
a
25
time-of-transfer
report
is
complete
as
part
of
the
real
estate
26
transaction.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
persons
certified
to
conduct
31
time-of-transfer
inspections
of
private
sewage
disposal
32
systems.
Current
law
requires
an
inspection
of
a
private
33
sewage
disposal
system
of
a
building
in
which
a
person
resides,
34
congregates,
or
is
employed
prior
to
any
transfer
of
ownership
35
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634
of
the
building.
The
department
of
natural
resources
(DNR)
is
1
required
to
adopt
certification
requirements
for
inspectors
and
2
maintain
a
list
of
certified
inspectors.
3
The
bill
states
that
an
inspector’s
certification
is
4
considered
current
if
the
inspector
has
paid
initial
and
5
renewal
fees
required
to
maintain
certification,
is
up-to-date
6
on
continuing
education
units,
is
in
good
standing
with
DNR,
7
and
has
not
otherwise
been
decertified.
DNR’s
list
shall
8
display
currently
certified
inspectors
and
shall
be
publicly
9
available
on
DNR’s
internet
site.
The
bill
provides
additional
10
information
and
formatting
requirements
for
DNR’s
list.
11
Under
the
bill,
a
certified
inspector
who
fraudulently
files
12
a
time-of-transfer
report
is
subject
to
a
civil
penalty
of
13
$5,000
and
the
inspector’s
certification
shall
be
suspended
14
for
one
year.
The
seller
is
responsible
for
ensuring
that
a
15
time-of-transfer
report
is
complete
as
part
of
the
real
estate
16
transaction.
17
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