Ala. Admin. Code r. 420-3-1-.33

Current through Register Vol. 42, No. 8, May 31, 2024

Section 420-3-1-.33 - Evaluation Of An Existing OSS/EDS

(1) When requested by a responsible person or a lending institution representing the seller or buyer, an evaluation of an existing OSS/EDS may be performed by the LHD. The evaluation of an existing OSS/EDS does not express or imply any guarantee that theOSS/EDS will function satisfactorily.

(2) Evidence that an existing OSS was installed without the issuance of a Permit to Install on or after March 18, 1982, may be reason for the LHD to decline to evaluate the existing OSS. The LHD may require a professional site evaluation and application for Permit to Install (Repair) be submitted by the responsible person. The LHD may require the existing OSS to either be brought into compliance with current rules or require a new OSS.

(3) Before completing the evaluation, the responsible person or the lending institution shall provide evidence that the septic tank of an existing OSS/EDS has been pumped within the last 3 years by an AOWB licensed pumper.

(4) Similar inspection services, such as those provided by a home inspector or an AOWB licensee, shall not imply that the service was provided under authority of these rules, nor shall they imply that the system complies with these rules.

Ala. Admin. Code r. 420-3-1-.33

Filed July 20, 1988. Amended: Filed June 19, 1992. Repealed and New Rule: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: October 20, 2005; effective November 24, 2005; operative March 19, 2006.

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 04, January 31, 2017, eff. 3/5/2017.

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 03, December 30, 2022, eff. 2/13/2023.

Previous Rule .48 was renumbered .33 per certification published December 30, 2022; effective February 13, 2023.

Authors: Thad Pittman, Lem Burell, Matthew Conner, Ken Stephens, Bob Bright

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(4); 22-2-2(6); 22-10-1, et seq.; 22-26-1, et seq.