When are Title 5 on-site sewage disposal system inspections required?
For how many months is the system inspection "valid"?
Is an inspection required in a foreclosure situation?
What if the system was inspected and I want to resell the property, do I have to have it inspected again?
Who must obtain the inspection and who receives the results?

Q. When are Title 5 on-site sewage disposal system inspections required?
A. Inspections are required:

• When a facility is to be sold to new owners, or there otherwise is a transfer of title, except between spouses;
• When facilities are divided or combined together;
• When there is a change in use or an expansion of the facility;
• For large systems (10,000 gallons per day or more), shared systems, and systems on a condominium with five or more units, on a periodic basis; or
• When DEP or the local approving authority order an inspection.

Inspections are necessary to ensure the proper operation, upgrade and maintenance of on-site sewage disposal systems. The new Code, therefore, requires system inspections to be done periodically in certain circumstances. Most inspections will occur as a result of property transfers when facilities are sold, divided or combined. In order to provide further guidance to the regulated community, this document is intended to clarify the regulatory intent of the Department.

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Q. For how many months is the system inspection "valid"?
A. For most property transfers, the inspection must occur at or within two years prior to the time of transfer. If a system has been pumped on an annual basis and pumping records are available, then the inspection is valid for three years. If weather conditions prevent inspection at the time of transfer, the inspection must occur as soon as weather permits, but in no event later than six months after the transfer, provided that prior to or at the time of transfer the seller notifies the buyer in writing of the requirements. Contained at 310 CMR 15.300 through 15.305 for inspection and upgrade, if necessary.

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Q. Is an inspection required in a foreclosure situation?
A. In a foreclosure situation, inspections must occur within two years before or six months after the execution of the memorandum of sale (irrespective of whether the foreclosure institution, the loan guarantor, the loan servicer, an unaffiliated third party, or any combination thereof, is/are executing such memorandum of sale) or delivery of the deed in lieu of foreclosure to the foreclosing institution or the loan servicer. An inspection conducted up to three years before the time of transfer may be used if the inspection report is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. To the extent that foreclosing institutions or loan servicers have contractually allocated responsibility for the inspection to the unaffiliated third party or the loan guarantor acquiring the property within the specified time frames, such foreclosing institutions or loan servicers will not be responsible for inspection of the system(s). Entities foreclosing on properties are required to notify those who acquire title of the inspection and upgrade requirements contained at 310 CMR 15.300 through 15.305, in writing, prior to or at the time of transfer.

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Q. What if the system was inspected and I want to resell the property, do I have to have it inspected again?
A. If an inspection was conducted within the applicable timeframe, the inspection may fulfill the inspection requirement for more than one transfer of title, and need not be repeated. For most properties, inspection must have occurred within two years prior to the transfer (three years when a system has been pumped on an annual basis and pumping records are available).

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Q. Who must obtain the inspection and who receives the results?
A. Under Title 5, the property owner or facility operator is generally responsible for obtaining an inspection of the system. Prior to the time of transfer of title, however, the parties may contractually allocate responsibility for the inspection provided that such inspection occurs within the specified timeframes. An inspection must be conducted by an approved System Inspector. If an inspection required, s/he must record the inspection results on a DEP-approved inspection form and submit the form, 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. Also, for large and shared systems, the System Inspector and the owner must submit the inspection form to DEP.

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