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