Scope and Administration

This chapter establishes the administrative framework for the Private Sewage Disposal Code, including its title, applicability, creation of the code official, their duties, permit and inspection requirements, modification procedures, violation protocols, and appeal processes.

101 — General

101.1 Title. These regulations shall be known as the Private Sewage Disposal Code of [NAME OF JURISDICTION] hereinafter referred to as "this code."

101.2 Scope. Septic tank and effluent absorption systems or other treatment tank and effluent disposal systems shall be permitted where a public sewer is not available to the property served. Unless specifically approved, the private sewage disposal system of each building shall be entirely separate from and independent of any other building. The use of a common system or a system on a parcel other than the parcel where the structure is located shall be subject to the full requirements of this code as for systems serving public buildings.

101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.

101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.

101.3 Public sewer connection. Where public sewers become available to the premises served, the use of the private sewage disposal system shall be discontinued within that period oftime required by law, but such period shall not exceed 1 year. The building sewer shall be disconnected from the private sewage disposal system and connected to the public sewer.

101.4 Abandoned systems. Abandoned private sewage disposal systems shall be plugged or capped in an approved manner. Abandoned treatment tanks and seepagepits shall have the contents pumped and discarded in an approved manner. The top or entire tank shall be removed and the remaining portion of the tank or excavation shall be filled immediately.

101.5 Failing system. When a private sewage disposal system fails or malfunctions, the system shall be corrected or use of the system shall be discontinued within that period of time required by the code official, but such period shall not exceed 1 year.

101.5.1 Failure. A failing private sewage disposal system shall be one causing or resulting in any ofthe following conditions: The failure to accept sewage discharges and backup ofsewage into the structure served by the private sewage disposal system. The discharge of sewage to the surface of the ground or to a drain tile. The discharge of sewage to any surface or ground waters. The introduction of sewage into saturation zones adversely affecting the operation of a private sewage disposal system.

101.5.1 Failure. A failing private sewage disposal system shall be one causing or resulting in any ofthe following conditions:

The failure to accept sewage discharges and backup ofsewage into the structure served by the private sewage disposal system.
The discharge of sewage to the surface of the ground or to a drain tile.
The discharge of sewage to any surface or ground waters.
The introduction of sewage into saturation zones adversely affecting the operation of a private sewage disposal system.

101.6 Intent. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of private sewage disposal systems.

101.7 Severability. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional' such decision shall not affect the validity of the remaining portions of this code.

102 — Applicability

102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions oflocal, state or federal law.

102.3 Application of references. Reference to chapter section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

102.4 Existing installations. Private sewage disposal systems lawfully in existence at the time of the adoption of this code shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property is created by the system.

102.5 Maintenance. Private sewage disposal systems, materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. Devices or safeguards that are required by this code shall be maintained in compliance with the code edition under which they were installed. The owner or the owner's designated agent shall be responsible for maintenance of private sewage disposal systems. To determine compliance with this provision, the code official shall have the authority to require reinspection of any private sewage disposal system.

102.6 Additions, alterations or repairs. Additions, alterations, renovations or repairs to any private sewage disposal system shall conform to that required for a new system without requiring the existing system to comply with all the requirements of this code. Additions, alterations or repairs shall not cause an existing system to become unsafe, insanitary or overloaded.

Minor additions, alterations, renovations and repairs to existing systems shall meet the provisions for new construction, unless such work is done in the same manner and arrangement

as was in the existing system, is not hazardous and is approved.

102.7 Change in occupancy. It shall be unlawful to make any change in the occupancy of any structure that will subject the structure to any special provision of this code applicable to the new occupancy without approval of the code official. The code official shall certify that such structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety or welfare.

102.8 Historic buildings. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings.

102.9 Moved buildings. Except as determined by Section 102.4, Private sewage disposal systems that are a part of buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new installations.

102.10 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 14 and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply.

102.11 Requirements not covered by code. Any requirements necessary for the proper operation of an existing or proposed private sewage disposal system, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official.

Worked example

Scenario: Your project involves installing a new private sewage system. Section A specifies that a certain component must be 6 inches below grade, while Section B states it must be 12 inches below grade.

Explanation: According to 102.1, the most restrictive requirement governs, meaning the component must be installed 12 inches below grade.

103 — Department of Private

103.1 General. The Department of Private Sewage Disposal Inspection is hereby created and the executive official in charge thereof shall be known as the code official.

103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction.

103.3 Deputies. In accordance with the prescribed procedures of the jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official.

103.4 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for thejurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personalliability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.

Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance ofthe provisions of this code.

104 — Duties and Powers of the Code Official

104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

104.2 Applications and permits. The code official shall receive applications, review construction documents and issue permits for the installation and alteration of private sewage disposal systems, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

104.3 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority.

104.4 Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in any building or upon any premises any conditions or violations of this code that make the building or premises unsafe, insanitary, dangerous or hazardous, the code official shall have the authority to enter the building or premises at all reasonable times to inspect or to perform the duties imposed on the code official by this code. If such building or premises is occupied, the code official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the code official shall first make a reasonable effort to

locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the code official has recourse to every remedy provided by law to secure entry.

When the code official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the code official for the purpose of inspection and examination pursuant to this code.

104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code.

104.7 Department records. The code official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

105 — Approval

105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative provided that the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in conformity with the intent and purpose of this code and such modification does not lessen health and fire- and life-safety requirements. The details of action granting modifications shall be recorded and entered in the files of the Private Sewage Disposal Inspection Department.

105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

105.2.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

105.2.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternate materials or methods, the code official shall have the authority to require testing as evidence of compliance at no expense to the jurisdiction.

105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. 105.3.2 Testing agency. All tests shall be performed by an approved agency. 105.3.3 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records.

105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures.

105.3.2 Testing agency. All tests shall be performed by an approved agency.

105.3.3 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records.

105.4 Alternative engineered design. The design, documentation, inspection, testing and approval of an alternative engineered design private sewage disposal system shall comply with Sections 105.4.1 through 105.4.6.

105.4.1 Design criteria. An alternative engineered design shall conform to the intent of the provisions of this code and shall provide an equivalent level of quality, strength, effectiveness, fire resistance, durability and safety. Material, equipment or components shall be designed and installed in accordance with the manufacturer's instructions. 105.4.2 Submittal. The registered design professional shall indicate on the permit application that the private sewage disposal system is an alternative engineered design. The permit and permanent permit records shall indicate that an alternative engineered design was part of the approved installation. 105.4.3 Technical data. The registered design professional shall submit sufficient technical data to substantiate the proposed alternative engineered design and to prove that the performance meets the intent of this code. 105.4.4 Construction documents. The registered design professional shall submit to the code official two complete sets of signed and sealed construction documents for the alternative engineered design. 105.4.5 Design approval. Where the code official determines that the alternative engineered design conforms to the intent of this code, the private sewage disposal system shall be approved. If the alternative engineered design is not approved, the code official shall notify the registered design professional in writing, stating the reasons therefor. 105.4.6 Inspection and test. The alternative engineered design shall be inspected in accordance with the requirements of Section 107.

105.4.1 Design criteria. An alternative engineered design shall conform to the intent of the provisions of this code and shall provide an equivalent level of quality, strength, effectiveness, fire resistance, durability and safety. Material, equipment or components shall be designed and installed in accordance with the manufacturer's instructions.

105.4.2 Submittal. The registered design professional shall indicate on the permit application that the private sewage disposal system is an alternative engineered design. The permit and permanent permit records shall indicate that an alternative engineered design was part of the approved installation.

105.4.3 Technical data. The registered design professional shall submit sufficient technical data to substantiate the proposed alternative engineered design and to prove that the performance meets the intent of this code.

105.4.4 Construction documents. The registered design professional shall submit to the code official two complete sets of signed and sealed construction documents for the alternative engineered design.

105.4.5 Design approval. Where the code official determines that the alternative engineered design conforms to the intent of this code, the private sewage disposal system shall be approved. If the alternative engineered design is not approved, the code official shall notify the registered design professional in writing, stating the reasons therefor.

105.4.6 Inspection and test. The alternative engineered design shall be inspected in accordance with the requirements of Section 107.

105.5 Used material and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements have been reconditioned, tested and placed in good and proper working condition and approved by the code official.

105.6 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.

Worked example

Scenario: A property owner seeks to install a private sewage system on a lot with unusual geological conditions that make standard code-compliant drain field installation practically impossible without significant, undue burden.

Explanation: The owner's representative can apply to the code official for a modification, provided the code official determines that practical difficulties exist and specific criteria are met, such as ensuring equivalent safety and performance.

106 — Permits

106.1 When required. Work on a private sewage disposal system shall not commence until a permit for such work has been issued by the code official.

106.2 Application for permit. Each application for a permit, with the required fee, shall be filed with the code official on a form furnished for that purpose and shall contain a general description of the proposed work and its location. The application shall contain a description ofthe type ofsystem, the system location, the occupancy of all parts of the structure and all portions of the site or lot not covered by the structure, and such additional information as is required by the code official. The maximum number of bedrooms for residential occupancies shall be indicated.

106.2.1 Construction documents. An application for a permit shall be accompanied by not less than two copies of construction documents drawn to scale, with sufficient clarity and detail dimensions showing the nature and character of the work to be performed. Specifications shall include pumps and controls, dose volume, elevation differences (vertical lift), pipe friction loss, pump performance curve, pump model and pump manufacturer. The code official is permitted to waive the requirements for filing construction documents where the work involved is of a minor nature. Where the quality of the materials is essential for conformity to this code, specific information shall be given to establish such quality, and this code shall not be cited, or the term "legal" or its equivalent used as a substitute for specific information. 106.2.2 Preliminary inspection. Before a permit is issued, the code official is authorized to inspect and evaluate the systems, equipment, buildings, devices, premises and spaces or areas to be used. 106.2.3 Time limitation ofapplication. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date offiling, unless such application has been pursued in good faith or a permit has been issued; except that the code official shall have the authority to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.2.4 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 106.2.5 Soil data. Soil test reports shall be submitted indicating soil boring and percolation test data related to the undisturbed and finished grade elevations, vertical elevation reference point and horizontal reference point. Surface elevations shall be given for all soil borings. Soil reports shall bear the signature of a soil tester. 106.2.6 Site plan. A site plan shall be filed showing to scale the location of all septic tanks, holding tanks or other treatment tanks; building sewers; wells; water mains; water service; streams and lakes; flood hazard areas; dosing or pumping chambers; distribution boxes; effluent systems; dual disposal systems; replacement system areas; and the location of all buildings or structures. All separating distances and dimensions shall be shown, including any distance to adjoining property. A vertical elevation reference point and a horizontal reference point shall be indicated. For other than single-family dwellings, grade slope with contours shall be shown for the grade elevation ofthe entire area of the soil absorption system and the area on all sides for a distance of 25 feet (7620 mm).

106.2.1 Construction documents. An application for a permit shall be accompanied by not less than two copies of construction documents drawn to scale, with sufficient clarity and detail dimensions showing the nature and character of the work to be performed. Specifications shall include pumps and controls, dose volume, elevation differences (vertical lift), pipe friction loss, pump performance curve, pump model and pump manufacturer. The code official is permitted to waive the requirements for filing construction documents where the work involved is of a minor nature. Where the quality of the materials is essential for conformity to this code, specific information shall be given to establish such quality, and this code shall not be cited, or the term "legal" or its equivalent used as a substitute for specific information.

106.2.2 Preliminary inspection. Before a permit is issued, the code official is authorized to inspect and evaluate the systems, equipment, buildings, devices, premises and spaces or areas to be used.

106.2.3 Time limitation ofapplication. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date offiling, unless such application has been pursued in good faith or a permit has been issued; except that the code official shall have the authority to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

106.2.4 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.

106.2.5 Soil data. Soil test reports shall be submitted indicating soil boring and percolation test data related to the undisturbed and finished grade elevations, vertical elevation reference point and horizontal reference point. Surface elevations shall be given for all soil borings. Soil reports shall bear the signature of a soil tester.

106.2.6 Site plan. A site plan shall be filed showing to scale the location of all septic tanks, holding tanks or other treatment tanks; building sewers; wells; water mains; water service; streams and lakes; flood hazard areas; dosing or pumping chambers; distribution boxes; effluent systems; dual disposal systems; replacement system areas; and the location of all buildings or structures. All separating distances and dimensions shall be shown, including any distance to adjoining property. A vertical elevation reference point and a horizontal reference point shall be indicated. For other than single-family dwellings, grade slope with contours shall be shown for the grade elevation ofthe entire area of the soil absorption system and the area on all sides for a distance of 25 feet (7620 mm).

106.3 Permit issuance. The application, construction documents and other data filed by an applicant for permit shall be reviewed by the code official. If the code official finds that the proposed work conforms to the requirements of this code and all laws and ordinances applicable thereto, and that the fees specified in Section 106.4 have been paid, a permit shall be issued to the applicant. A private sewage disposal system permit shall not be transferable.

106.3.1 Approved construction documents. When the code official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "APPROVED." Such approved construction documents shall not be changed, modified or altered without authorization from the code official. All work shall be done in accordance with the approved construction documents. The code official shall have the authority to issue a permit for the construction of a part of a private sewage disposal system before the construction documents for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire system will be granted. 106.3.2 Validity. The issuance of a permit or approval of construction documents shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of other ordinances of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid. The issuance of a permit based on construction documents and other data shall not prevent the code official from thereafter requiring the correction of errors in said construction documents and other data or from preventing building operations being carried on thereunder when in violation of this code or of other ordinances of the jurisdiction. 106.3.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of the permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall first be obtained and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded 1 year. 106.3.4 Extensions. Any permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work cannot be commenced within the time required by this section for good and satisfactory reasons. The code official shall extend the time for action by the permittee for a period not exceeding 180 days if there is reasonable cause. No permit shall be extended more than once. The fee for an extension shall be one-half the amount required for a new permit for such work. 106.3.5 Suspension or revocation of permit. The code official shall have the authority to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. 106.3.6 Retention of construction documents. One set of approved construction documents shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. One set of approved construction documents shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. 106.3.7 Posting of permit. The permit or a copy shall be kept on the site of the work until the completion of the project.

106.3.1 Approved construction documents. When the code official issues the permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "APPROVED." Such approved construction documents shall not be changed, modified or altered without authorization from the code official. All work shall be done in accordance with the approved construction documents.

The code official shall have the authority to issue a permit for the construction of a part of a private sewage disposal system before the construction documents for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed at his or her own risk without assurance that the permit for the entire system will be granted.

106.3.2 Validity. The issuance of a permit or approval of construction documents shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of other ordinances of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid.

The issuance of a permit based on construction documents and other data shall not prevent the code official from thereafter requiring the correction of errors in said construction documents and other data or from preventing building operations being carried on thereunder when in violation of this code or of other ordinances of the jurisdiction.

106.3.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of the permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can

be recommenced, a new permit shall first be obtained and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded 1 year.

106.3.4 Extensions. Any permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work cannot be commenced within the time required by this section for good and satisfactory reasons. The code official shall extend the time for action by the permittee for a period not exceeding 180 days if there is reasonable cause. No permit shall be extended more than once. The fee for an extension shall be one-half the amount required for a new permit for such work.

106.3.5 Suspension or revocation of permit. The code official shall have the authority to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.

106.3.6 Retention of construction documents. One set of approved construction documents shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. One set of approved construction documents shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.

106.3.7 Posting of permit. The permit or a copy shall be kept on the site of the work until the completion of the project.

106.4 Fees. A permit shall not be issued until the fees prescribed in Section 106.4.2 have been paid, and an amendment to a permit shall not be released until the additional fee, if any, due to an increase of the private sewage disposal system, has been paid.

106.4.1 Work commencing before permit issuance. Any person who commences any work on a private sewage disposal system before obtaining the necessary permits shall be subject to 100 percent of the usual permit fee in addition to the required permit fees. 106.4.2 Fee schedule. The fees for all private sewage disposal work shall be as indicated in the following schedule: [JURISDICTION TO INSERT APPROPRIATE SCHEDULE] 106.4.3 Fee refunds. The code official shall authorize the refunding of fees as follows: The full amount of any fee paid hereunder that was erroneously paid or collected. Not more than [SPECIFY PERCENTAGE] percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. Not more than [SPECIFY PERCENTAGE] percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee no later than 180 days after the date of fee payment.

106.4.1 Work commencing before permit issuance. Any person who commences any work on a private sewage disposal system before obtaining the necessary permits shall be subject to 100 percent of the usual permit fee in addition to the required permit fees.

106.4.2 Fee schedule. The fees for all private sewage disposal work shall be as indicated in the following schedule:

[JURISDICTION TO INSERT APPROPRIATE SCHEDULE]

[JURISDICTION TO INSERT APPROPRIATE SCHEDULE]

106.4.3 Fee refunds. The code official shall authorize the refunding of fees as follows:

The full amount of any fee paid hereunder that was erroneously paid or collected.
Not more than [SPECIFY PERCENTAGE] percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
Not more than [SPECIFY PERCENTAGE] percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee no later than 180 days after the date of fee payment.

Worked example

Scenario: A homeowner plans to replace their existing septic tank and drain field.

Explanation: Before any demolition or construction work begins, a permit for the private sewage disposal system work must be obtained from the code official.

107 — Inspections

107.1 Required inspections. After issuing a permit, the code official shall conduct inspections from time to time during and upon completion of the work for which a permit has been issued. A record of all such examinations and inspections and of all violations of this code shall be maintained by the code official.

107.1.1 Concealed work. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 107.1.2 Other inspections. The code official is authorized to make or require other inspections to ascertain compliance with the provisions of this code and other laws that are enforced by the department. 107.1.3 Approved inspection agencies. The code official shall accept reports of approved inspection agencies provided such agencies satisfy the requirements as to qualifications and reliability.

107.1.1 Concealed work. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

107.1.2 Other inspections. The code official is authorized to make or require other inspections to ascertain compliance with the provisions of this code and other laws that are enforced by the department.

107.1.3 Approved inspection agencies. The code official shall accept reports of approved inspection agencies provided such agencies satisfy the requirements as to qualifications and reliability.

107.2 Special inspections. Special inspections of alternative engineered design private sewage disposal systems shall be conducted in accordance with Sections 107.2.1 and 107.2.2.

107.2.1 Periodic inspection. The registered design professional or designated inspector shall periodically inspect and observe the alternative engineered design to determine that the installation is in accordance with the approved plans. All discrepancies shall be brought to the immediate attention of the private sewage disposal system contractor for correction. Records shall be kept of all inspections. 107.2.2 Written report. The registered design professional shall submit a final report in writing to the code official upon completion of the installation, certifying that the alternative engineered design conforms to the approved construction documents. A notice of approval for the private sewage disposal system shall not be issued until a written certification has been submitted.

107.2.1 Periodic inspection. The registered design professional or designated inspector shall periodically inspect and observe the alternative engineered design to determine that the installation is in accordance with the approved plans. All discrepancies shall be brought to the immediate attention of the private sewage disposal system contractor for correction. Records shall be kept of all inspections.

107.2.2 Written report. The registered design professional shall submit a final report in writing to the code official upon completion of the installation, certifying that the alternative engineered design conforms to the approved construction documents. A notice of approval for the private sewage disposal system shall not be issued until a written certification has been submitted.

107.3 Contractor's responsibilities. It shall be the duty of every contractor who enters into contracts for the installation or repair of private sewage disposal systems for which a permit is required to comply with adopted state and local rules and regulations concerning licensing.

107.3.1 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.

107.3.1 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and

means for inspections of such work that are required by this code.

107.4 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official.

107.5 Evaluation and follow-up inspection services. Prior to the approval of a prefabricated construction assembly having concealed work and the issuance of a permit, the code official shall require the submittal of an evaluation report on each prefabricated construction assembly, indicating the complete details of the private sewage disposal system, including a description of the system and its components, the basis upon which the system is being evaluated, test results and similar information and other data as necessary for the code official to determine conformance to this code.

107.5.1 Evaluation service. The code official shall designate the evaluation service of an approved agency as the evaluation agency, and review such agency's evaluation report for adequacy and conformance to this code. 107.5.2 Follow-up inspection. Except where ready access is provided to private sewage disposal systems, service equipment and accessories for complete inspection at the site without disassembly or dismantling, the code official shall conduct the in-plant inspections as frequently as necessary to ensure conformance to the approved evaluation report or shall designate an independent, approved inspection agency to conduct such inspections. The inspection agency shall furnish the code official with the follow-up inspection manual and a report of inspections upon request, and the installation shall have an identifying label permanently affixed to the system indicating that factory inspections have been performed. 107.5.3 Test and inspection records. Required test and inspection records shall be available to the code official at all times during the fabrication of the installation and the erection of the building; or such records as the code official designates shall be filed.

107.5.1 Evaluation service. The code official shall designate the evaluation service of an approved agency as the evaluation agency, and review such agency's evaluation report for adequacy and conformance to this code.

107.5.2 Follow-up inspection. Except where ready access is provided to private sewage disposal systems, service equipment and accessories for complete inspection at the site without disassembly or dismantling, the code official shall conduct the in-plant inspections as frequently as necessary to ensure conformance to the approved evaluation report or shall designate an independent, approved inspection agency to conduct such inspections. The inspection agency shall furnish the code official with the follow-up inspection manual and a report of inspections upon request, and the installation shall have an identifying label permanently affixed to the system indicating that factory inspections have been performed.

107.5.3 Test and inspection records. Required test and inspection records shall be available to the code official at all times during the fabrication of the installation and the erection of the building; or such records as the code official designates shall be filed.

107.6 Testing. Installations shall be tested as required in this code and in accordance with Sections 107.6.1 through 107.6.3. Tests shall be made by the permit holder and observed by the code official.

107.6.1 New, altered, extended or repaired installations. New installations and parts of existing installations, which have been altered, extended, renovated or repaired, shall be tested as prescribed herein to disclose leaks and defects. 107.6.2 Apparatus, instruments, material and labor for tests. Apparatus, instruments, material and labor required for testing an installation or part thereof shall be furnished by the permit holder. 107.6.3 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing.

107.6.1 New, altered, extended or repaired installations. New installations and parts of existing installations, which have been altered, extended, renovated or repaired, shall be tested as prescribed herein to disclose leaks and defects.

107.6.2 Apparatus, instruments, material and labor for tests. Apparatus, instruments, material and labor required for testing an installation or part thereof shall be furnished by the permit holder.

107.6.3 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing.

107.7 Approval. After the prescribed inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the code official.

107.7.1 Revocation. The code official is authorized to, in writing, suspend or revoke a notice of approval issued under the provisions of this code wherever the notice is issued in error, on the basis of incorrect information supplied, or where it is determined that the building or structure, premise or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

107.7.1 Revocation. The code official is authorized to, in writing, suspend or revoke a notice of approval issued under the provisions of this code wherever the notice is issued in error, on the basis of incorrect information supplied, or where it is determined that the building or structure, premise or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

107.8 Temporary connection. The code official shall have the authority to allow the temporary connection of an installation to the sources of energy for the purpose of testing the installation or for use under a temporary certificate of occupancy.

107.9 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required until authorized by the code official.

Worked example

Scenario: A contractor has received a permit to install a new private sewage treatment system, including a septic tank and dispersal field.

Explanation: The code official will conduct inspections at various stages, such as after excavation but before backfilling, and upon final completion of the system, to ensure compliance with the code provisions.

108 — Violations

108.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, remove, demolish or use any private sewage disposal system, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

108.2 Notice ofviolation. The code official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of private sewage disposal work in violation of the provisions of this code; in violation of a detailed statement or the approved construction documents thereunder or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

108.3 Prosecution ofviolation. If the notice of violation is not complied with promptly, the code official shall request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful system in violation of the provisions of this code or of the order or direction made pursuant thereto.

108.4 Violation penalties. Any person who shall violate a provision of this code or fail to comply with any of the requirements thereof or who shall erect, install, alter or repair private sewage disposal work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each

day that a violation continues after due notice has been served shall be deemed a separate offense.

108.5 Stop work orders. Upon notice from the code official, work on any private sewage disposal system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, to the owner's agent or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars.

108.6 Abatement ofviolation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business or use ofthe private sewage disposal system on or about any premises.

108.7 Unsafe systems. Any private sewage disposal system regulated by this code that is unsafe or constitutes a health hazard, insanitary condition or is otherwise dangerous to human life is hereby declared unsafe. Any use of private sewage disposal systems regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, disaster, damage or abandonment is hereby declared an unsafe use. Any such unsafe equipment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal.

108.7.1 Authority to condemn equipment. Whenever the code official determines that any private sewage disposal system, or portion thereof, regulated by this code has become hazardous to life, health or property or has become insanitary, the code official shall order in writing that such system be either removed or restored to a safe or sanitary condition. A time limit for compliance with such order shall be specified in the written notice. No person shall use or maintain a defective private sewage disposal system after receiving such notice. When such system is to be disconnected, written notice as prescribed in Section 108.2 shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice. 108.7.2 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the technical codes in case of emergency, where necessary, to eliminate an immediate danger to life or property. Where possible, the owner and occupant of the building, structure or service system shall be notified of the decision to disconnect utility service prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service systems shall be notified in writing as soon as is practical thereafter.

108.7.1 Authority to condemn equipment. Whenever the code official determines that any private sewage disposal system, or portion thereof, regulated by this code has become hazardous to life, health or property or has become insanitary, the code official shall order in writing that such system be either removed or restored to a safe or sanitary condition. A time limit for compliance with such order shall be specified in the written notice. No person shall use or maintain a defective private sewage disposal system after receiving such notice. When such system is to be disconnected, written notice as prescribed in Section 108.2 shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice.

108.7.2 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the technical codes in case of emergency, where necessary, to eliminate an immediate danger to life or property. Where possible, the owner and occupant of the building, structure or service system shall be notified of the decision to disconnect utility service prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service systems shall be notified in writing as soon as is practical thereafter.

109 — Means of Appeal

109.1 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served.

109.2 Membership of board. The board of appeals shall consist of five members appointed by the chief appointing authority as follows: one for 5 years, one for 4 years, one for 3 years, one for 2 years and one for 1 year. Thereafter, each new member shall serve for 5 years or until a successor has been appointed.

109.2.1 Qualifications. The board of appeals shall consist of five individuals, one from each of the following professions or disciplines. Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least 10 years' experience, 5 years of which shall have been in responsible charge of work. Registered design professional with structural engineering or architectural experience. Registered design professional with mechanical and plumbing engineering experience; or a mechanical and plumbing contractor with at least 10 years' experience, 5 years ofwhich shall have been in responsible charge of work. Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years' experience, 5 years ofwhich shall have been in responsible charge of work. Registered design professional with fire protection engineering experience; or a fire-protection contractor with at least 10 years' experience, 5 years ofwhich shall have been in responsible charge of work. 109.2.2 Alternate members. The chief appointing authority shall appoint two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for 5 years or until a successor has been appointed. 109.2.3 Chairman. The board shall annually select one of its members to serve as chairman. 109.2.4 Disqualification ofa member. A member shall not hear an appeal in which that member has any personal, professional or financial interest. 109.2.5 Secretary. The chief administrative officer shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer. 109.2.6 Compensation of members. Compensation of members shall be determined by law.

109.2.1 Qualifications. The board of appeals shall consist of five individuals, one from each of the following professions or disciplines.

Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least 10 years' experience, 5 years of which shall have been in responsible charge of work.
Registered design professional with structural engineering or architectural experience.
Registered design professional with mechanical and plumbing engineering experience; or a mechanical and plumbing contractor with at least 10 years' experience, 5 years ofwhich shall have been in responsible charge of work.
Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years' experience, 5 years ofwhich shall have been in responsible charge of work.
Registered design professional with fire protection engineering experience; or a fire-protection contractor with at least 10 years' experience, 5 years ofwhich shall have been in responsible charge of work.

109.2.2 Alternate members. The chief appointing authority shall appoint two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for 5 years or until a successor has been appointed.

109.2.3 Chairman. The board shall annually select one of its members to serve as chairman.

109.2.4 Disqualification ofa member. A member shall not hear an appeal in which that member has any personal, professional or financial interest.

109.2.5 Secretary. The chief administrative officer shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.

109.2.6 Compensation of members. Compensation of members shall be determined by law.

109.3 Notice of meeting. The board shall meet upon notice from the chairman, within 10 days of the filing of an appeal or at stated periodic meetings.

109.4 Open hearing. Hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.

109.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

109.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

109.5 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

109.6 Board decision. The board shall modify or reverse the decision of the code official by a concurring vote of three members.

109.6.1 Resolution. The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the code official. 109.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board.

109.6.1 Resolution. The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the code official.

109.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board.

109.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.

Worked example

Scenario: The code official denies a permit application for a proposed innovative sewage disposal system, stating it does not meet code requirements, but the designer believes the official misinterpreted a specific code provision related to novel technologies.

Explanation: The designer or owner has the right to appeal this decision to the board of appeals, arguing that the code's true intent or legally adopted rules were incorrectly interpreted by the code official.

110 — Temporary Equipment, Systems and Uses

110.1 General. The code official is authorized to issue a permit for temporary equipment, systems and uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extensions for demonstrated cause.

110.2 Conformance. Temporary equipment, systems and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.

110.3 Temporary utilities. The code official is authorized to give permission to temporarily supply utilities before an installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the code.

110.4 Termination of approval. The code official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

Worked example

Scenario: A construction site needs a temporary restroom facility that utilizes a small, self-contained sewage system for the duration of a six-month project.

Explanation: The code official can issue a permit for this temporary system, valid for up to 180 days, with potential extensions for demonstrated cause, ensuring compliance for the limited service period.

Frequently asked questions

What happens if different sections of the code conflict?

The more specific requirement shall govern, and where different requirements are specified, the most restrictive shall govern.

Can I get a variance if complying with the code is difficult?

Yes, the code official can grant modifications for individual cases if practical difficulties exist and specific findings are made.

Is a permit required for all private sewage disposal work?

Yes, work on a private sewage disposal system cannot commence until a permit has been issued by the code official.