§ 28-254. Inspections.

(a)

Inspections required. A compliance inspection shall be conducted:

(1)

When an SSTS is newly installed, expanded, or portions are replaced.

(2)

Before a variance is issued to reduce the setback distance from an existing SSTS;

(3)

At time of property transfer:

i.

If the SSTS is greater than five (5) years old; or

ii.

A compliance inspection has not been conducted within the past three (3) years on an existing SSTS.

(4)

When information about the system is being gathered by anyone other than the property owner for a property sale disclosure. Persons conducting compliance inspections for disclosure purposes shall meet the requirements of Minnesota Rules Part 7082.0700, subpart 4.

(5)

When the city receives a complaint of an imminent threat to public health or safety that is related to the system.

(6)

The city may temporarily waive, due to frozen soil conditions, the certificate of compliance requirement for a building permit or variance for which application is made during the period from November 1 to April 30, provided that an inspection of the system is performed by the following June 1.

(b)

Compliance inspection requirements for permitted installation.

(1)

A compliance inspection shall be conducted by the city for a newly installed SSTS, or expansion or replacement of portions of an existing SSTS.

(2)

The SSTS shall be inspected at least once before the system is covered or if the requirements for notification for inspections are met in paragraph (e) of this section, and the city is unable to make the inspection, the system may be covered. The city shall review photographs, video or other evidence to show compliance as provided by the installer. Inspections shall ensure compliance with applicable requirements with this article. The inspection must be performed on a form provided by the city. Any corrective action verbally given to an installer at the time of the inspection shall be identified on the inspection report form.

(3)

A certificate of compliance will not be issued for the inspected SSTS until the SSTS meets applicable requirements of this article.

(c)

Compliance inspection requirements for transfers of property. When a transfer of property occurs, the affected property's SSTS shall be evaluated by a State of Minnesota licensed "inspector" or "intermediate/advanced inspector" through a compliance inspection.

(1)

The seller or the seller's agent shall notify a licensed inspector or intermediate/advanced inspector to request a compliance inspection for the purpose of property transfer prior to transfer of title to the property. Prior to the transfer of property, the seller shall submit a completed compliance inspection and pumping certificate to the city and to the buyer/recipient of the property/title.

(2)

A compliance inspection is not required by the city for the transfer of property if the sale or transfer involves the following circumstances:

i.

The tract of land does not contain a building with plumbing fixtures or a privy.

ii.

A certificate of real estate value is not required to be filed with the County Auditor, as per Minnesota Statutes Section 272.115.

iii.

The sale or transfer completes a contract for deed entered into prior to January 1, 1992. This subsection applies only to the original vendor and vendee on a contract for deed.

iv.

The existing permitted SSTS was installed within the past five (5) years.

v.

A certificate of compliance has been issued for the existing SSTS within the past three (3) years.

(3)

The seller shall be responsible for all costs associated with the compliance inspection of the existing SSTS.

(4)

All costs associated to upgrade, replace, or repair a system that is an imminent threat to public health or safety or a system that is failing to protect groundwater shall be the responsibility of the seller, or as otherwise provided for in a written agreement between the seller and the buyer. If the compliance portion of the certificate of compliance cannot be completed at the time of the transaction due to prohibitive weather-related conditions (e.g., snow cover or frozen ground), as certified by a licensed inspector, the compliance portion of the certificate of compliance must be completed by June 1 following the closing date, provided soil conditions are suitable at that time.

(5)

If the property in question meets a provision or provisions of paragraph (c)(2) above, a copy of the property owner's real estate disclosure form must be submitted to the city verifying that the SSTS for said property is not an imminent health threat.

(d)

Compliance inspections and certifications of compliance for building permit applications and all other applications.

(1)

The property owner shall be the responsible party for obtaining and submitting a certificate of compliance for the existing SSTS.

(2)

A certificate of compliance shall be submitted to the city before a building permit is issued for the addition of a bedroom, variance, or replacement of a dwelling in a non-shoreland area and before any permit or variance is issued in a shoreland area.

(3)

A certificate of compliance shall be submitted to the city, or an SSTS permit for repair or replacement shall be obtained from the city, before a building permit for a new or relocated dwelling can be issued.

(4)

Documentation verifying that the SSTS is adequately sized shall be submitted to the city before a building permit for a new or relocated dwelling can be issued.

(e)

Scheduling of inspections and inspection program. The permittee shall notify the city prior to the completion and covering of the SSTS.

(1)

Scheduling of inspections.

i.

It shall be the duty of the permittee or licensee to contact the city to schedule an inspection in person, by telephone, or in writing. Inspections may be scheduled between the hours of 8:00 a.m. and 5:00 p.m. An inspection must be scheduled at least twenty-four (24) hours in advance of the time it is desired.

ii.

If a change to the scheduled inspection time is necessary, the city must be contacted not less than four (4) hours in advance of the time the licensee desires inspection, and the city will attempt to accommodate the change if possible.

iii.

It shall be the duty of the permittee or licensee to make sure that the work meets the prescribed standards and limitations before scheduling the inspection.

iv.

The installation and construction of the SSTS shall be in accordance with the permit requirements and the city-approved design.

v.

Proposals to alter the permitted construction shall be reviewed by the city and the proposed changes approved by the city prior to construction.

(2)

Inspection protocol.

i.

If the SSTS is installed by the property owner, the system must be inspected by the city. All conditions regarding notification for inspections apply, as described in paragraph (e)(1) above.

ii.

The equipment and supporting labor necessary for the inspection must be furnished by the licensee.

iii.

When required by the city, sewage tank(s) must be tested for water tightness by a method approved by the city.

iv.

If any SSTS component is covered before being inspected and approved by the city, it shall be uncovered upon the direction of the city, if deemed necessary.

v.

If the permittee or licensee provides proper notice as described above and the city does not appear for an inspection within one hour of the scheduled inspection time, the licensee may complete the installation. The licensee must file an as-built plan on a city-approved inspection form. The as-built plan must be submitted to the city within five (5) working days of the SSTS installation. The as-built plan shall include photographs or video of uncovered components of the SSTS, and shall include certified statement by the licensee that certifies that the SSTS was installed in accordance with the requirements of this article and the state regulations, and that the licensee agrees to indemnify and hold the city harmless from all loss, damages, costs, charges that may be incurred by the city because of the licensee's failure to comply with the applicable requirements of this article or the state regulations. Following its review of the as-built plans, the city will visit the site and issue a certificate of compliance or notice of noncompliance.

vi.

A certificate of compliance for new SSTS construction or replacement shall be issued by the city if the city has reasonable assurance that the system was built in accordance with the applicable requirements as specified in the construction permit.

vii.

The certificate of compliance must include a certified statement by the certified inspector or qualified employee who conducted the inspection that the SSTS is or is not in compliance with the requirements of this article and the state regulations. If the SSTS is determined not to be in compliance with the applicable requirements, a notice of noncompliance will be issued to the owner that includes a statement specifying those requirements in which the SSTS does not comply.

viii.

Certificates of compliance for new construction or replacement shall remain valid for five (5) years from date of issuance unless the city finds evidence of an imminent threat to public health or safety requiring removal and abatement under the city's nuisance regulations.

(3)

Protocol for SSTS installation during non-business hours.

i.

Prior notification must be given to the city, as described in paragraph (e)(1) above, if the SSTS is to be installed during hours when the city is closed or on a Saturday, Sunday, or a legal holiday. An onsite inspection shall be scheduled within the next five (5) city business days following the installation, and the city will visit the site to meet with the installer and issue a certificate of compliance or notice of noncompliance.

ii.

All efforts must be made to leave the SSTS uncovered for inspection by the city during business hours. If this is not possible, an as-built plan with a certified statement on a city-approved form must be submitted along with photographs or video of the system components or other evidence that shows compliance that is satisfactory to the city that the system meets applicable requirements. If the city is not satisfied that the system meets applicable requirements, the system must be uncovered upon request of the city.

(A)

The permittee or licensee shall submit to the city an as-built plan on an inspection form provided by the city within five (5) working days of completion of the installation.

(B)

The as-built plan shall be signed and certified by the designated registered professional that the SSTS is in compliance with applicable requirements of this article.

(C)

The as-built plan shall include a detailed drawing of the SSTS, the locations of the SSTS components, and their relative location to permanent structures or physical features of the lot.

(f)

Compliance inspections.

(1)

A compliance inspection must be completed by a private, state licensed "inspector," "intermediate/advanced inspector" or qualified employee of the city, independent of the SSTS owner and the SSTS installer.

(2)

A certificate of compliance or notice of noncompliance shall be prepared by the qualified employee or licensed inspector.

(3)

A certificate of compliance or notice of noncompliance with a certified statement shall be submitted by the inspector to the owner and the city, within fifteen (15) days following a compliance inspection.

(4)

Compliance inspection reports must be issued to both the city and the property owner.

(5)

The compliance inspection report must identify the type of SSTS and indicate whether the SSTS is in compliance with Minnesota Rules Parts 7080.1500 or 7081.0080.

(6)

Along with the certificate of compliance, a pumping certificate must be submitted to the city as evidence that the septic tank has been pumped as part of the compliance inspection. The septic tank or holding tank must be pumped as follows as part of a compliance inspection:

i.

The septic or holding tank must be pumped by a state licensed maintainer.

ii.

The maintainer shall pump the septic tank or holding tank through the maintenance access and check the following:

(A)

The capacity of the tank in gallons;

(B)

That the tank is watertight and not leaking on the date of pumping;

(C)

The presence and condition of inlet and outlet baffles; and

(D)

That the maintenance access is within twelve (12) inches of ground surface for tanks installed before October 1, 2013.

(E)

That the maintenance access is currently at or above the ground surface for tanks installed after October 1, 2013.

iii.

If the maintainer determines that the tank is not watertight, then the tank shall be considered to be failing to protect groundwater.

iv.

Baffles shall be intact or otherwise repaired or replaced and documentation submitted to the city.

v.

The licensed maintainer shall submit to the city a report on a form approved by the city so that the city is reasonably assured that the tank is in compliance with applicable requirements of this article and all state regulations.

(7)

A certificate of compliance for an existing SSTS is valid for three (3) years from the date of issuance unless the city finds evidence of an imminent health threat.

(8)

A certificate of compliance for a new SSTS is valid for five (5) years from the date of issuance unless the city finds evidence of an imminent health threat.

(Ord. No. 2014-003, 4-8-14)