Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 69 - Private Sewage Disposal Systems › Rule 567-69.2 - Time of Transfer Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Inspections required.
Prior to any transfer of ownership of a
				building where a person resides, congregates, or is employed that is served by
				a private sewage disposal system, the sewage disposal system serving the
				building shall be inspected. In the event that weather or other temporary
				physical conditions prevent the certified inspection from being conducted, the
				buyer shall execute and submit a binding agreement with the county board of
				health to conduct a certified inspection of the private sewage disposal system
				at the earliest practicable time and to be responsible for any required
				modifications to the private sewage disposal system as identified by the
				certified inspection. In the event that all parties agree the existing private
				sewage disposal system will not pass inspection, the buyer may forego the
				inspection and execute a binding agreement with the local board of health to
				install a private sewage disposal system compliant with this rule at a time
				specified by the administrative authority. The inspection requirement applies
				to all types of ownership transfers not specifically exempted, including when a
				seller-financed real estate contract is signed.
a.
Inspection exemptions.
The following types of real estate transactions are exempt from the inspection
				requirement. However, the discharge restrictions in paragraph
				69.1(3)
"b"
shall always apply.
(1) A transfer made pursuant to a court
				order, including but not limited to a transfer under Iowa Code chapter 633 or
				633A, the execution of a judgment, the foreclosure of a real estate mortgage
				pursuant to Iowa Code chapter 654, the forfeiture of a real estate contract
				under Iowa Code chapter 656, a transfer by a trustee in bankruptcy, a transfer
				by eminent domain, or a transfer resulting from a decree for specific
				performance.
(2) A transfer to a
				mortgagee by a mortgagor or successor in interest who is in default, a transfer
				by a mortgagee who has acquired real property as a result of a deed in lieu of
				foreclosure or has acquired real property under Iowa Code chapter 654 or 655A,
				or a transfer back to a mortgagor exercising a right of first refusal pursuant
				to Iowa Code section
				65416A..
(3) A transfer by a fiduciary in the course
				of the administration of a decedent's estate, guardianship, conservatorship, or
				trust.
(4) A transfer between joint
				tenants or tenants in common.
(5) A
				transfer made to a spouse or to a person in the lineal line of consanguinity of
				a person making the transfer.
(6) A
				transfer between spouses resulting from a decree of dissolution of marriage, a
				decree of legal separation, or a property settlement agreement which is
				incidental to the decree, including a decree ordered pursuant to Iowa Code
				chapter 598.
(7) A transfer in
				which the transferee intends to demolish or raze the building.
(8) A transfer of property with a system that
				was installed not more than two years prior to the date of the
				transfer.
(9) A deed arising from a
				partition proceeding.
(10) A tax
				sale deed issued by the county treasurer.
(11) A transfer for which consideration is
				$500 or less.
(12) A deed between a
				family corporation, partnership, limited partnership, limited liability
				partnership, or limited liability company as defined in Iowa Code section
				428A2., subsection 15,
				and its stockholders, partners, or members for the purpose of transferring real
				property in an incorporation or a corporate dissolution or in the organization
				or dissolution of a partnership, limited partnership, limited liability
				partnership, or limited liability company under the laws of this state, where
				the deed is given for no actual consideration other than for shares or for debt
				securities of the family corporation, partnership, limited partnership, limited
				liability partnership, or limited liability company.