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.
As added by P.L.167-2022, SEC.10.