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House Study Bill 194 - 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 adopt
4certification requirements for inspectors, including training,
5testing, and fees, and shall establish uniform statewide
6inspection criteria and an inspection form. The inspector
7certification training shall include use of the criteria and
8form.
9(2) An inspector’s certification shall be considered
10current if the inspector has paid initial and renewal fees
11required to maintain certification and has not otherwise been
12decertified.
13(3) The department shall maintain a publicly available list
14of currently certified inspectors, including a page for each
15inspector, on the department’s internet site. The department
16shall maintain the list such that an inspector’s name is
17displayed next to the date that the inspector’s certification
18first became valid and the date that the inspector’s
19certification is set to expire. A page of a specific inspector
20shall display the date and time that the inspector submitted
21inspection reports. The list of all currently certified
22inspectors and the pages for all individual inspectors shall
23include a date and time stamp indicating when the user accessed
24the information and such date and time stamp must be displayed
25in a manner so that the date and time stamp appears when
26printed in a standard format.
27 Sec. 2. Section 455B.172, subsection 11, Code 2023, is
28amended by adding the following new paragraphs:
29 NEW PARAGRAPH. j. The county recorder’s office shall not
30accept and record a time-of-transfer inspection report if the
31county recorder or the county recorder’s agent knows or should
32have known that the inspection was conducted by a person who
33was not on the department’s list maintained under paragraph “e”
34on the day of the inspection. If a county recorder’s office
35violates this paragraph, the county is liable for up to ten
-1-1thousand dollars in damages to the purchaser.
2 NEW PARAGRAPH. k. The county recorder’s office shall not
3alter the date or time of a time-of-transfer inspection report.
4If a county recorder’s office violates this paragraph, the
5county is liable for up to ten thousand dollars in damages to
6the purchaser.
7 NEW PARAGRAPH. l. A time-of-transfer inspection report
8shall include the date and time that the inspection occurred
9and an affidavit signed by the inspector declaring that, under
10penalty of perjury pursuant to section 720.2, the inspector
11exercised due diligence in conducting the inspection. An
12inspector that falsifies information on the inspection report
13is liable for up to twenty-five thousand dollars in actual
14damages incurred by a purchaser to repair damage caused by
15a sewage disposal system that did not conform to standards
16adopted by the department and bring the sewage disposal system
17into conformance with standards adopted by the department or
18replace the sewage disposal system with a system that conforms
19with standards adopted by the department.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to persons certified to conduct
24time-of-transfer inspections of private sewage disposal
25systems. Current law requires an inspection of a private
26sewage disposal system of a building in which a person resides,
27congregates, or is employed prior to any transfer of ownership
28of the building. The department of natural resources (DNR) is
29required to adopt certification requirements for inspectors and
30maintain a list of certified inspectors.
31The bill states that an inspector’s certification is
32considered current if the inspector has paid initial and
33renewal fees required to maintain certification and has not
34otherwise been decertified. DNR’s list shall display currently
35certified inspectors and shall be publicly available on DNR’s
-2-1internet site. The bill provides additional information and
2formatting requirements for DNR’s list.
3The bill prohibits a county recorder’s office from accepting
4and recording a time-of-transfer inspection report if the
5county recorder or the county recorder’s agent knows or should
6have known that the inspection was conducted by a person who
7was not on DNR’s list on the day of the inspection. A county
8recorder’s office also shall not alter the date or time of a
9time-of-transfer inspection report. If a county recorder’s
10office violates either prohibition, the county is liable for up
11to $10,000 in damages to the purchaser.
12The bill requires a time-of-transfer inspection report to
13include the date and time that the inspection occurred and an
14affidavit signed by the inspector declaring that, under penalty
15of perjury, the inspector exercised due diligence in conducting
16the inspection. An inspector that falsifies information on the
17inspection report is liable for up to $25,000 in actual damages
18incurred by a purchaser to repair damage caused by a sewage
19disposal system that did not conform to standards adopted by
20DNR and bring the sewage disposal system into conformance
21with standards adopted by DNR or replace the sewage disposal
22system with a system that conforms with standards adopted by
23DNR. Perjury is a class “D” felony. A class “D” felony is
24punishable by confinement for no more than five years and a
25fine of at least $1,025 but not more than $10,245.
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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 adopt
4certification requirements for inspectors, including training,
5testing, and fees, and shall establish uniform statewide
6inspection criteria and an inspection form. The inspector
7certification training shall include use of the criteria and
8form.
9(2) An inspector’s certification shall be considered
10current if the inspector has paid initial and renewal fees
11required to maintain certification and has not otherwise been
12decertified.
13(3) The department shall maintain a publicly available list
14of currently certified inspectors, including a page for each
15inspector, on the department’s internet site. The department
16shall maintain the list such that an inspector’s name is
17displayed next to the date that the inspector’s certification
18first became valid and the date that the inspector’s
19certification is set to expire. A page of a specific inspector
20shall display the date and time that the inspector submitted
21inspection reports. The list of all currently certified
22inspectors and the pages for all individual inspectors shall
23include a date and time stamp indicating when the user accessed
24the information and such date and time stamp must be displayed
25in a manner so that the date and time stamp appears when
26printed in a standard format.
27 Sec. 2. Section 455B.172, subsection 11, Code 2023, is
28amended by adding the following new paragraphs:
29 NEW PARAGRAPH. j. The county recorder’s office shall not
30accept and record a time-of-transfer inspection report if the
31county recorder or the county recorder’s agent knows or should
32have known that the inspection was conducted by a person who
33was not on the department’s list maintained under paragraph “e”
34on the day of the inspection. If a county recorder’s office
35violates this paragraph, the county is liable for up to ten
-1-1thousand dollars in damages to the purchaser.
2 NEW PARAGRAPH. k. The county recorder’s office shall not
3alter the date or time of a time-of-transfer inspection report.
4If a county recorder’s office violates this paragraph, the
5county is liable for up to ten thousand dollars in damages to
6the purchaser.
7 NEW PARAGRAPH. l. A time-of-transfer inspection report
8shall include the date and time that the inspection occurred
9and an affidavit signed by the inspector declaring that, under
10penalty of perjury pursuant to section 720.2, the inspector
11exercised due diligence in conducting the inspection. An
12inspector that falsifies information on the inspection report
13is liable for up to twenty-five thousand dollars in actual
14damages incurred by a purchaser to repair damage caused by
15a sewage disposal system that did not conform to standards
16adopted by the department and bring the sewage disposal system
17into conformance with standards adopted by the department or
18replace the sewage disposal system with a system that conforms
19with standards adopted by the department.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to persons certified to conduct
24time-of-transfer inspections of private sewage disposal
25systems. Current law requires an inspection of a private
26sewage disposal system of a building in which a person resides,
27congregates, or is employed prior to any transfer of ownership
28of the building. The department of natural resources (DNR) is
29required to adopt certification requirements for inspectors and
30maintain a list of certified inspectors.
31The bill states that an inspector’s certification is
32considered current if the inspector has paid initial and
33renewal fees required to maintain certification and has not
34otherwise been decertified. DNR’s list shall display currently
35certified inspectors and shall be publicly available on DNR’s
-2-1internet site. The bill provides additional information and
2formatting requirements for DNR’s list.
3The bill prohibits a county recorder’s office from accepting
4and recording a time-of-transfer inspection report if the
5county recorder or the county recorder’s agent knows or should
6have known that the inspection was conducted by a person who
7was not on DNR’s list on the day of the inspection. A county
8recorder’s office also shall not alter the date or time of a
9time-of-transfer inspection report. If a county recorder’s
10office violates either prohibition, the county is liable for up
11to $10,000 in damages to the purchaser.
12The bill requires a time-of-transfer inspection report to
13include the date and time that the inspection occurred and an
14affidavit signed by the inspector declaring that, under penalty
15of perjury, the inspector exercised due diligence in conducting
16the inspection. An inspector that falsifies information on the
17inspection report is liable for up to $25,000 in actual damages
18incurred by a purchaser to repair damage caused by a sewage
19disposal system that did not conform to standards adopted by
20DNR and bring the sewage disposal system into conformance
21with standards adopted by DNR or replace the sewage disposal
22system with a system that conforms with standards adopted by
23DNR. Perjury is a class “D” felony. A class “D” felony is
24punishable by confinement for no more than five years and a
25fine of at least $1,025 but not more than $10,245.
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