{"data":{"id":"us-in/ic-16-41-25-5","jurisdiction":"us-in","citation":"IC 16-41-25-5","heading":"Authority of local health department to administer state department's rule; certification of professional engineer concerning planned or existing residential onsite sewage system","body":"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.\n(b) If a professional engineer registered under IC 25-31-1 certifies that the:\n(1) location;\n(2) design;\n(3) proposed construction; and\n(4) proposed installation;\nof 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.\n(c) If a professional engineer registered under IC 25-31-1 certifies that the:\n(1) design;\n(2) construction;\n(3) installation;\n(4) location;\n(5) maintenance; and\n(6) operation;\nof 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.\n(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.","path":["TITLE 16. HEALTH","ARTICLE 41. PUBLIC HEALTH MEASURES FOR THE PREVENTION AND CONTROL OF DISEASE","Chapter 25. Health, Sanitation, and Safety: Residential Septic Systems"],"source_url":"https://iga.in.gov/ic/2026/Title_16.html#16-41-25-5","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-11T20:02:18Z","sha256":"f164f83a62bed45bfbecb638870682be0d449813820a42bdba5c934c775e8825","source_id":"us-in","stale":false,"prev":"us-in/ic-16-41-25-4","next":"us-in/ic-16-41-25-6"},"notice":"GroundRules: Original legal text. Not legal advice."}