HSB 194

This bill relates to persons certified to conduct time-of-transfer inspections of private sewage disposal systems. Current law requires an inspection of a private sewage disposal system of a building in which a person resides, congregates, or is employed prior to any transfer of ownership of the building. The department of natural resources (DNR) is required to adopt certification requirements for inspectors and maintain a list of certified inspectors. The bill states that an inspector’s certification is considered current if the inspector has paid initial and renewal fees required to maintain certification and has not otherwise been decertified. _____ internet site. The bill provides additional information and formatting requirements for DNR’s list. The bill prohibits a county recorder’s office from accepting and recording a time-of-transfer inspection report if the county recorder or the county recorder’s agent knows or should have known that the inspection was conducted by a person who was not on DNR’s list on the day of the inspection. A county recorder’s office also shall not alter the date or time of a time-of-transfer inspection report. If a county recorder’s office violates either prohibition, the county is liable for up to $10,000 in damages to the purchaser. The bill requires a time-of-transfer inspection report to include the date and time that the inspection occurred and an affidavit signed by the inspector declaring that, under penalty of perjury, the inspector exercised due diligence in conducting the inspection. An inspector that falsifies information on the inspection report is liable for up to $25,000 in actual damages incurred by a purchaser to repair damage caused by a sewage disposal system that did not conform to standards adopted by DNR and bring the sewage disposal system into conformance with standards adopted by DNR or replace the sewage disposal system with a system that conforms with standards adopted by DNR. Perjury is a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.