Topic of the Week
"Septic Tank Inspection Law"
NEW SEPTIC TANK LAW EFFECTIVE JULY 1, 2009
Ramifications from a statewide septic tank inspection law are already in effect!
Properties subject to the septic system inspection law must have their inspection completed and paperwork filled out if the closing date is after June 30, 2009. Sellers and Buyers may negotiate for both the inspection cost and for any repair or replacement costs. Note: if the system is inspected and it is found to be defective in anyway, it will need to meet current code even if the property transfers or not.
The law only applies to transfers of property containing one to four dwelling units, and there are many types of properties exempt from inspection, most of the exemptions are similar to the exemptions found in the seller disclosure requirements. New exemptions are applicable for transfers which the consideration is $500 or less, intra family business organization transfers, and properties which will be razed or demolished. Systems pumped within three years may be exempt form pumping again, and properties inspected within two years by a certified inspector are exempt from inspection.
The Iowa DNR is currently creating forms to 1. Verify/certify exempt properties, 2. Verify/certify if the property will be demolished or razed, 3. And a Time of Transfer Agreement Binding Acknowledgment for Future Inspection when weather or other conditions necessitate delay of the inspection.
The ground water hazard form has some septic information and compliance regarding the law, but more changes to this form could be forthcoming. The DNR's website will also have the names of certified inspectors, and the Iowa Finance Authority has a program to offer low interest loans to assist in the costs of repair or replacement.
Talk to your local REALTOR® or DNR office for more information.
Iowa Code regarding lawAdministrative rules enacted by DNR
You can Sign up for Legislative Alerts through the Iowa Property Owners Alliance
Robin Tucker, Realtor®
Tommy Tucker Realty Co.
613 Second Avenue SE
PO Box 848
Cedar Rapids, IA 52406-0848
319-365-6956 Ext. 103