[Effective 9-1-2001 (Section 14.00 of Part
VIII of the 1991 Codification as updated through 6-1-1996)]
This regulation is adopted in accordance with
the applicable provisions of 310 CMR 11.00, Title 1 of the State Environmental
Code and under the authority of Chapter 111, § 31 of the
Massachusetts General Laws as a supplement to Title V of the Environmental
Code of the Commonwealth of Massachusetts.
The purpose of this regulation is to provide
a greater degree of protection to environmental and public health
and to afford homeowners a greater degree of protection during and
after the real estate transfer process.
A.Â
No person shall conduct a septic system inspection
pursuant to 310 CMR 15.301 of the State Environmental Code Title V:
(1)Â
Unless he/she is approved as a system inspector as
defined within 310 CMR 15.340, the State Environmental Code, Title
V, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage;
and
(2)Â
Unless he/she is registered as a septic system inspector
with the Town of Barnstable Board of Health.
B.Â
The Town of Barnstable Board of Health shall maintain
a registration list of approved septic system inspectors. The list
shall be available for inspection or examination by any person.
A.Â
The septic system inspector shall complete every applicable
section of the "Title 5 Official Inspection Form - Not For Voluntary
Assessments, Subsurface Sewage Disposal System Form," supplied by
the Massachusetts Department of Environmental Protection. Also at
the bottom of the last page of this official inspection form, the
septic system inspector shall provide a sketch diagram showing the
vertical separation distance between the bottom of the soil absorption
system and the groundwater table along with any high groundwater elevation
adjustments determined.
B.Â
The septic system inspector shall submit a copy of
the completed septic system inspection report along with the required
processing fee to the Public Health Division Office within 30 days
of the inspection date.
The Town of Barnstable Board of Health may revoke
or suspend the registration and/or listing of a septic system inspector
after opportunity for a hearing is conducted pursuant to MGL C. 30A
and after the Board of Health determines that the inspector has
A.Â
Falsified an inspection report;
B.Â
Fraudulently altered a septic system inspection report;
C.Â
Misrepresented the results of an inspection;
D.Â
Failed to properly inspect a septic system as required
in Section 310 CMR 15.302 of the State Environmental Code, Title V;
or
E.Â
Failed to meet the provisions contained within this
Board of Health regulation.