Ind. Code § 16-41-25-10
Permission to enter property on which a residential onsite sewage system is located for inspection
Redline — January 1, 2023 → current.View current text →
Current — January 1, 2025
As of January 1, 2023
Sec. 10. (a) Neither an officer or employee of a local health department nor another agency, officer, or employee of a county, city, or town may enter property on which a residential onsite sewage system is located for the purpose of inspecting the residential onsite sewage system if, not more than one hundred eighty (180) days before the date of the inspection, the owner or occupant of the residence served by the residential onsite sewage system and:
Sec. 10. (a) Neither an officer or employee of a local health department nor another agency, officer, or employee of a county, city, or town may enter property on which a residential onsite sewage system is located for the purpose of inspecting the residential onsite sewage system if, not more than one hundred eighty (180) days before the date of the inspection, the owner or occupant of the residence served by the residential onsite sewage system and:
(1) a septic system installer or inspector registered with the county in which the residential onsite sewage system is located;
(1) a septic system installer or inspector registered with the county in which the residential onsite sewage system is located;
(2) an onsite sewage system technician; or
(2) an onsite sewage system technician; or
(3) an Indiana professional engineer registered under IC 25-31-1;
(3) an Indiana professional engineer registered under IC 25-31-1;
state in a writing transmitted to the local health department, county, city, or town that the residential onsite sewage system is functioning properly.
state in a writing transmitted to the local health department, county, city, or town that the residential onsite sewage system is functioning properly.
(b) Subject to subsection (d), if subsection (a) does not apply, an officer or employee of a local health department or another officer or employee of a county, city, or town may not enter property on which a residential onsite sewage system is located for the purpose of inspecting the residential onsite sewage system unless the owner or occupant of the residence served by the residential onsite sewage system is given notice of the inspection by first class mail addressed to the residence at least seven (7) days before the day of the inspection.
(b) Subject to subsection (d), if subsection (a) does not apply, an officer or employee of a local health department or another officer or employee of a county, city, or town may not enter property on which a residential onsite sewage system is located for the purpose of inspecting the residential onsite sewage system unless the owner or occupant of the residence served by the residential onsite sewage system is given notice of the inspection by first class mail addressed to the residence at least seven (7) days before the day of the inspection.
(c) Subject to subsection (d), if a manufacturer of a residential onsite sewage system requires inspection of the system multiple times a year, an owner of the property on which a residential onsite sewage system is located may request an officer or employee of a local health department or another agency, officer, or employee of a county, city, or town to inspect the residential onsite sewage system located on the owner's property, but the inspection may only occur if the owner of the residential onsite sewage system invites the inspector to the property.
(c) Subject to subsection (d), an officer or employee of a local health department may inspect residential onsite sewage systems and nonresidential onsite sewage systems (as defined in IC 16-19-3.5-3.5):
(d) An advance notice to the owner or occupant of the residence is not required under subsection (b) in an urgent situation caused by a malfunction of the residential onsite sewage system that creates a clear and immediate danger to the public's health, safety, or property.
(1) after installation if: (A) the manufacturer of a residential onsite sewage system recommends inspection of the system multiple times a year; (B) an owner of the property on which a residential onsite sewage system is located requests an officer or employee of a local health department or another agency, officer, or employee of a county, city, or town to inspect the residential onsite sewage system located on the owner's property; or (C) a complaint is filed with the local health department requiring an inspection or inspections to protect the health of the community; (2) to verify compliance with a permit issued under best judgment pursuant to rules adopted under IC 4-22-2 not more than once per year; or (3) to verify compliance with an operating permit issued pursuant to rules adopted under IC 4-22-2 at least once per year. (d) An advance notice to the owner or occupant of the residence is not required under subsection (b) in an urgent situation caused by a malfunction of the residential onsite sewage system that creates a clear and immediate danger to the public's health, safety, or property. (e) This section shall not be interpreted as prohibiting or restricting the periodic: (1) inspection; (2) servicing; (3) testing; or
(4) maintenance;
of an onsite residential sewage discharging disposal system (as defined in IC 13-11-2-144.7).
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.