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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 5. (a) The authority of a local health department to administer the rule of the state department concerning residential onsite sewage systems is subject to this section.
(b) If a professional engineer registered under IC 25-31-1 certifies that the:
(1) location;
(2) design;
(3) proposed construction; and
(4) proposed installation;
of a planned residential onsite sewage system comply with the administrative rule of the state department concerning residential onsite sewage systems, a local health department may not disapprove an application for a permit for the residential onsite sewage system on the grounds that the location, design, construction, or installation of the residential onsite sewage system is faulty.
(c) If a professional engineer registered under IC 25-31-1 certifies that the:
(1) design;
(2) construction;
(3) installation;
(4) location;
(5) maintenance; and
(6) operation;
of an existing residential onsite sewage system comply with the administrative rule of the state department concerning residential onsite sewage systems, a local health department may not issue an order based on a finding that the residential onsite sewage system is a failed system.
(d) If a professional engineer registered under IC 25-31-1 certifies that an existing residential onsite sewage system is not functioning properly but can be restored to proper functioning through repair, a local health department must allow the repair of the residential onsite sewage system to be made in accordance with the certification of the professional engineer.
Cite this article: FindLaw.com - Indiana Code Title 16. Health § 16-41-25-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-16-health/in-code-sect-16-41-25-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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