HSB 194 (LSB 2012YC (1) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON NATURAL RESOURCES BILL BY CHAIRPERSON JENEARY)

A BILL FOR

An Act relating to persons certified to conduct time-of-transfer inspections of private sewage disposal systems, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.172, subsection 11, paragraph e, Code 2023, is amended to read as follows:
   e.  (1)  Pursuant to chapter 17A, the department shall adopt certification requirements for inspectors, including training, testing, and fees, and shall establish uniform statewide inspection criteria and an inspection form. The inspector certification training shall include use of the criteria and form.
   (2)  An inspector’s certification shall be considered current if the inspector has paid initial and renewal fees required to maintain certification and has not otherwise been decertified.
   (3)  The department shall maintain a publicly available list of currently certified inspectors, including a page for each inspector, on the department’s internet site.  The department shall maintain the list such that an inspector’s name is displayed next to the date that the inspector’s certification first became valid and the date that the inspector’s certification is set to expire. A page of a specific inspector shall display the date and time that the inspector submitted inspection reports. The list of all currently certified inspectors and the pages for all individual inspectors shall include a date and time stamp indicating when the user accessed the information and such date and time stamp must be displayed in a manner so that the date and time stamp appears when printed in a standard format.
    Sec. 2.  Section 455B.172, subsection 11, Code 2023, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  j.  The county recorder’s office shall not accept and record a time-of-transfer inspection report if the county recorder or the county recorder’s agent knows or should have known that the inspection was conducted by a person who was not on the department’s list maintained under paragraph “e” on the day of the inspection. If a county recorder’s office violates this paragraph, the county is liable for up to ten thousand dollars in damages to the purchaser.
   NEW PARAGRAPH.  k.  The county recorder’s office shall not alter the date or time of a time-of-transfer inspection report. If a county recorder’s office violates this paragraph, the county is liable for up to ten thousand dollars in damages to the purchaser.
   NEW PARAGRAPH.  l.  A time-of-transfer inspection report shall include the date and time that the inspection occurred and an affidavit signed by the inspector declaring that, under penalty of perjury pursuant to section 720.2, the inspector exercised due diligence in conducting the inspection. An inspector that falsifies information on the inspection report is liable for up to twenty-five thousand dollars in actual damages incurred by a purchaser to repair damage caused by a sewage disposal system that did not conform to standards adopted by the department and bring the sewage disposal system into conformance with standards adopted by the department or replace the sewage disposal system with a system that conforms with standards adopted by the department.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to persons certified to conduct time-of-transfer inspections of private sewage disposal systems. Current law requires an inspection of a private sewage disposal system of a building in which a person resides, congregates, or is employed prior to any transfer of ownership of the building. The department of natural resources (DNR) is required to adopt certification requirements for inspectors and maintain a list of certified inspectors.
   The bill states that an inspector’s certification is considered current if the inspector has paid initial and renewal fees required to maintain certification and has not otherwise been decertified. DNR’s list shall display currently certified inspectors and shall be publicly available on DNR’s internet site. The bill provides additional information and formatting requirements for DNR’s list.
   The bill prohibits a county recorder’s office from accepting and recording a time-of-transfer inspection report if the county recorder or the county recorder’s agent knows or should have known that the inspection was conducted by a person who was not on DNR’s list on the day of the inspection. A county recorder’s office also shall not alter the date or time of a time-of-transfer inspection report. If a county recorder’s office violates either prohibition, the county is liable for up to $10,000 in damages to the purchaser.
   The bill requires a time-of-transfer inspection report to include the date and time that the inspection occurred and an affidavit signed by the inspector declaring that, under penalty of perjury, the inspector exercised due diligence in conducting the inspection. An inspector that falsifies information on the inspection report is liable for up to $25,000 in actual damages incurred by a purchaser to repair damage caused by a sewage disposal system that did not conform to standards adopted by DNR and bring the sewage disposal system into conformance with standards adopted by DNR or replace the sewage disposal system with a system that conforms with standards adopted by DNR. Perjury is a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.