06/10/97 - Laserfiche WebLink

Home

Inspection Program. The rules, in 7080.0315, require the local municipality conduct an inspection program to enforce the rules. The inspection program must specify the frequency and times of inspections, the requirements of an inspection and an inspection protocol if an inspection cannot be completed within a timely manner. Sections 4.20 through 4.23 outline a basic inspection program. Specific details may be added to this section such as listing out what components of the system must be inspected, determining the number of inspections required, additional fees for multiple inspections, defining times for required inspections, such as on a mound at scarification and material delivery, etc. A different or more detailed protocol for missed inspections could also be developed at the discretion of the City. Staff is recommending adopting the language suggested by the M.P.C.A. which limits the minimum number of inspections to one. Stop work orders. Section 4.30 provides a basic procedure for dealing with work that is being done contrary to the ordinance. A different procedure for dealing with violations may be used at the discretion of the City. Staff is recommending adopting the language suggested by the M.P.C.A. Who can do compliance inspections on existing systems. Section 4.40 contains language as to who may do compliance inspections for existing systems. The model states that anyone qualified who works for the City, is under contract to do that work for the City or who has a Designer I or Inspector license from the state can do this inspection (as opposed to inspections for new construction). This language allows greater flexibility for the City in that it allows qualified outside parties to perform these inspections. Staff recommends retaining the wording suggested by the M.P.C.A. Replacement of failing septic system time limit. The rules require that local governments set a reasonable time limit to require the replacement of a failing septic system. Section 4.41 A is where the time limit is set in this ordinance. This model has it set at one year. It is staff's understanding that this limit may be set for a longer period. It is staff recommendation to adopt the one year period suggested by M.P.C.A. There is a mandatory ten month limit to upgrade imminent public health threat systems. Section 4.42 B states the mandatory ten month limit to upgrade imminent public health threat systems. The City may set a shorter time limit for this. It is Staff's recommendation that the ten month limit suggested by M.P.C.A. be adopted. Certificate of Compliance at point of property transfer. The rules require that a compliance inspection be done when a bedroom permit is requested. The law requires that when a house is sold, the seller disclose to the buyer what they know about the system, but the law does not required the system be upgraded absent the issuance of a notice of non-compliance. Sections 4.43 through 4.46 all cover requiring a certificate of compliance (as distinct from a disclosure) at the point of property transfer. Section 4.45 deals with sales that occur during a time when a compliance inspection may not be able to be done. Wording could be added to this section to require escrow accounts to be set up or some other method to ensure that the buyer and seller have agreement on how a compliance inspection and upgrade, if needed, will be paid for. The inspections department reports that many system failures which are reported occur shortly after the transfer of property ownership, usually when the new owner water use is greater than that of the former owner. Staff recommends adopting this language requiring mandatory inspection upon transfer of property.