IC 16-41-25-5: Authority of local health department to administer state department's rule; certification of professional engineer concerning planned or existing residential onsite sewage system

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.