Town of Barnstable, MA Article XII Registration of Septic System Inspectors

[Effective 9-1-2001 (Section 14.00 of Part VIII of the 1991 Codification as updated through 6-1-1996)]

§ 360-31 Authority.

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.

§ 360-32 Purpose.

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.

§ 360-33 Approval and registration.

A. No person shall conduct a septic system inspection pursuant to 310 CMR 15.301 of the State Environmental Code Title V:

(1) 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) Unless he/she is registered as a septic system inspector with the Town of Barnstable Board of Health.

B. 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.

§ 360-34 Completion and submission of inspection form.

A. 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. 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.

§ 360-35 Revocation or suspension of registration.

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. Falsified an inspection report;

B. Fraudulently altered a septic system inspection report;

C. Misrepresented the results of an inspection;

D. Failed to properly inspect a septic system as required in Section 310 CMR 15.302 of the State Environmental Code, Title V; or

E. Failed to meet the provisions contained within this Board of Health regulation.