Title 5 Q & A: System Inspections


 

What is included in a system inspection?

 During an inspection, the following, among other things, are determined and recorded: 
  • General layout of the system components (location of the building sewer, septic tank or cesspool, distribution box and leaching field);
  • Type of use (e.g., house, school, retail space), Title 5 design flow, and whether the facility is presently occupied; 
  • Analysis of the criteria specified in the Code that indicate system failure, and, for large systems, those which indicate threats to public health and the environment as well; 
  • Water use records from the previous two years, if available; 
  • A description of the septic tank including, for example, condition, approximate age, thickness of grease/scum layer; 
  • A characterization of the distribution box and dosing tanks with pumps, if any, such as condition and evidence of solids carryover or backup; and 
  • The condition of the soil absorption system including, for example, any signs of hydraulic failure. 
When a change in the footprint of a building is proposed, but when there is no proposed increase in design flow or change in use, the system inspection needs to include only an assessment of the location of all system components (including the reserve area), unless official records clearly indicate the location of all components. 

If an inspection is required, the information is recorded on a DEP approved inspection form and submitted within 30 days of the inspection, to the approving authority. Boards of Health are the approving authorities for most systems. DEP is the approving authority for State and Federal facilities. Inspection forms for State and Federal facilities, large systems and shared systems also must be submitted to DEP. 

If an inspection is not required, a system owner may have a voluntary assessment of the condition and operability of the system performed, in which case, the results of the assessment are not required to be submitted to the approving authority. [310 CMR 15.301(10)] 

When are inspections required?

 The system must be inspected: 
  • Within two years (three years if the system has been pumped annually during that time and pumping records are available) prior to a transfer of title to the facility, or if weather conditions preclude inspection at that time, then within six months after the sale (cities or towns subject to a DEP approved local inspection program may have different requirements - consult the board of health to see if different rules apply), 
  • When there is a proposed change in use or expansion of the facility which requires a building or occupancy permit. Note that this does not mean an inspection is required every time a building permit is needed - only when the use of the facility is changed (for example, from residential to commercial) or when a facility is expanded; 
  • For large systems with a design flow of 10,000 to 15,000 gallons per day or more at full build-out, on the basin schedule shown in 310 CMR 15.301 (6), and every five years thereafter; 
  • Every year for shared systems; 
  • When the facility is divided or ownership of two or more facilities is combined; 
  • When DEP or the local approving authority orders an inspection; or 
  • When on a condominium with five or more units, by December 1, 1996, and then every three years; for smaller condominiums, either by December 1, 1996, and every three years, or within two years prior to the sale of a unit. 

For how long is an inspection valid?

 Inspections required in connection with a transfer of title to a facility generally are good for two years. If a facility transfers more than once in the two year period, the single inspection is valid for all transfers. When a system is pumped on an annual basis and the pumping records are available, an inspection is valid for three years. 

Are there exceptions to these requirements? 

 A certificate of compliance, issued for a new or upgraded system, serves to exempt the system from the inspection requirement for the first two years after issuance. Likewise, if the owner or person acquiring title has signed an enforceable agreement with the Board of Health to upgrade the system or connect to a sanitary sewer or shared system within two years, no inspection would be required. Additionally, if the facility is subject to a comprehensive DEP approved local inspection program, an inspection is not necessarily required prior to transfer of title. 

When would a system qualify for a conditional pass?

 A system with certain components which need repair or replacement would qualify for a conditional pass on the inspection report. Upon completion of replacement or repair of the broken system component, the system would pass inspection. Examples of such system components eligible for a conditional pass include a metal or cracked septic tank, a broken or obstructed pipe, or an uneven distribution box. 

Are there special conditions for condominiums?

 Yes. The condominium association is responsible for the inspection, maintenance and upgrade of the system or systems serving the units, unless the governing documents of the association provide otherwise. 

Are there special provisions for large systems?

 Yes. Large systems are those serving a facility with a design flow of 10,000 to 15,000 gallons per day. The frequency of inspections and the submittal of inspection forms are different. Large systems must be inspected on the basin schedule shown in 310 CMR 15.301 (6), and then every five years thereafter. The owner and the System Inspector must submit the inspection form to DEP within 30 days of the inspection. (For most other systems, the inspector must submit the inspection form to the approving authority, which, in most cases, will be the Board of Health.) [310 CMR 15.301(10)] 

Large systems also must be inspected at time of transfer if a routine inspection has not been performed in the previous two years. If the large system is pumped on an annual basis and the pumping records are available, an inspection is valid for three years prior to transfer. 

Do systems have to be dug up to be inspected?

 The location and condition of cesspools, septic tanks and distribution boxes must be determined. Often, this will not require extensive excavation. Generally, leaching areas are not required to be dug up. [310 CMR 15.301(10)] 

Are the results always reported on the same form?

 The Title 5 regulations include the requirement to report the results of the inspection on a DEP approved form. Other reports will not be considered valid by DEP or the local approving authority (Board of Health). The use of a DEP approved form is intended to ensure consistent and thorough review of inspection matters. [310 CMR 15.301(10)] 

Are state and federal facilities inspected too?

 Yes. Title 5 applies to state and federal facilities as well as homes and businesses. DEP is the approving authority for state and federal facilities, so the inspection forms are submitted to DEP and DEP is responsible for enforcing these and other requirements at state and federal facilities. [310 CMR 15.003] 

What happens if all the system components cannot be inspected thoroughly?

 At a minimum, the septic tank and distribution box if present, or cesspool if present, must be located and inspected. Also, the inspector must make reasonable efforts to locate and identify other components and features. If any component cannot be located or inspected, or if any determination cannot be made, the inspector must state on the inspection form the reasons and the steps taken to complete the inspection. Section 310 CMR 15.302 of Title 5 provides examples of "reasonable efforts." [310 CMR 15.302] 

Who may be a Title 5 System Inspector and conduct valid inspections?

 Massachusetts Registered Professional Engineers (PEs) with a concentration in civil, sanitary or environmental engineering, Massachusetts Registered Sanitarians and Certified Health Officers automatically are considered System Inspectors under Title 5. In addition, the following individuals may become inspectors if they take the DEP approved course and pass the DEP approved exam: 
  • Board of Health members and agents; 
  • Engineers-in-Training (EIT certified) with a concentration in civil, sanitary or environmental engineering; 
  • Professional home inspectors; 
  • Permitted/licensed septage haulers; 
  • Permitted system installers; and 
  • Other individuals with a minimum of one year of demonstrated experience in septic system inspection. 
System inspections conducted by any other individual will not be considered valid for compliance with Title 5. [310 CMR 15.340(1)(a) and (b)] 

When will the System Inspector training and the exam be given?

 DEP has developed an inspector course and examination. DEP will continue to offer and publicize these courses. The exams generally are conducted within two weeks of the close of the courses. Times and locations of future courses and exams will be available on an ongoing basis. 

For updated information on courses and exams, please call the DEP Training Center in Millbury at 508/756-7281 

What can I do if my score is below 75 percent and DEP says I failed the exam?

 You may request a written statement of the Department's basis for denial. And, you may apply to take the exam again. [310 CMR 15.340(3)] 

How can I determine whether someone is a DEP approved inspector?

 Those who take the course and pass the exam will receive a certificate from DEP identifying them as approved system inspectors. In addition, DEP at least annually will publish a list of approved system inspectors. Persons who automatically are approved as system inspectors may request to have their names placed on the list as well - i.e. those who do not have to take the DEP approved course and pass the exam: Massachusetts Registered Professional Engineers with a concentration in civil, sanitary or environmental engineering, Massachusetts Registered Sanitarians and Certified Health Officers. These professionals, however, should be able to furnish you with evidence of their professional registrations or certifications. 

What does Title 5 require once an inspection has been completed?

 The information must be recorded on a DEP approved inspection form and submitted, within 30 days of the inspection, to the approving authority. Boards of Health are the approving authorities for most systems. DEP is the approving authority for state and federal facilities. Additionally, for large and shared systems, the Code provides that the System Inspector and the owner must submit the inspection form to the Department. In certain circumstances, a copy of the inspection form also must be submitted to the buyer or other person acquiring title to the facility. For most systems, the inspector is responsible for submitting the inspection form directly to the approving authority. [310 CMR 15.301(10); 310 CMR 15.301(1)] 

How can I obtain DEP approved inspection forms? 

 The forms are available from Boards of Health and the DEP Regional and Boston offices. DEP has also developed a guidance document to assist inspectors in performing the inspection and filling out the form, and others in understanding what the results of the inspection mean. To request a form and/or guidance document, call your Board of Health or the Title 5 Hotline at (800) 266-1122. Copies of the forms also have been provided to real estate boards and other interested organizations. 

Do we always have to use the DEP form, if the information is good enough, who cares?

 Yes. Title 5 includes the requirement to report inspection results and recommendations on a DEP-approved form. Other reports will not be considered valid by DEP or the local approving authority (Board of Health). Use of this form ensures consistent and thorough review of inspection matters. [310 CMR 15.340(7)] 

Can the approval of system inspectors be taken away?

 Yes. DEP may revoke or suspend the approval of a System Inspector when it determines that an inspector has falsified or fraudulently altered an inspection form or misrepresented the results of an inspection. The inspector has an opportunity for a hearing prior to DEP taking this action. [310 CMR 15.340(5)] 

Is there a conflict if the system inspector works for the Board of Health and the system owner? 

 Yes. A System Inspector may not act as an agent of the Board of Health and also as the Inspector for a system owner regarding the same system.