                                 CODE OF VIRGINIA

REQUIREMENTS FOR AUTHORIZED SEPTIC SYSTEM INSPECTORS AND MINIMUM REQUIREMENTS
FOR PERFORMANCE OF SEPTIC SYSTEM INSPECTIONS (§ 59.1-310.9)

A.  Only individuals who hold a valid onsite sewage system operator, onsite
sewage system installer, or onsite soil evaluator license pursuant to Chapter 23
(§ 54.1-2300 et seq.) of Title 54.1 shall be authorized to perform a septic
system inspection in connection with any real estate transaction, including
refinancings.

B. Minimum requirements for septic system inspections shall include the
following:

   1. Prior to conducting an onsite septic system inspection, the authorized
   septic system inspector shall provide the client or his representative with a
   written, signed contract that describes the scope of services and associated
   costs, obtains permission to perform the inspection, and states that a
   complete inspection requires pumping the septic tank. The contract shall
   document the client&#8217;s decision to decline pumping, if applicable.

   2. Authorized septic system inspectors shall inspect and report on all readily
   accessible and openable components, including septic tanks, pump tanks,
   distribution devices, treatment units, control panels, and dispersal fields.
   The inspection shall also include any components specified in the operation
   permit and any vegetation, grading, or signs of harmful water entry that may
   impact septic system function.

   3. The authorized septic system inspector shall submit a written report to the
   client within 10 business days of the inspection. The report shall identify
   all inspected components, specify any components not inspected with reasons
   for their omission, and document adverse conditions such as defective or
   damaged components.

   4. The report shall describe the consequences of any adverse conditions and
   recommend further evaluation or observation by licensed professionals as
   necessary. Authorized septic system inspectors shall (i) report the system
   size or design capacity in gallons per day or bedroom count based on local
   health department records, report the advertised bedroom count or design
   capacity as listed in the multiple listing service or written statement by the
   property owner, and, if such records are not available, provide
   recommendations to determine capacity and (ii) determine if the septic system
   requires a licensed operator, and the authorized septic system inspector shall
   refer the client to the local health department for operation and maintenance
   reports, if applicable.

   5. No authorized septic system inspector shall (i) provide pass or fail
   determinations or graded assessments of functionality or (ii) perform a
   hydraulic load test to simulate peak daily flows.

   6. No authorized septic system inspector shall be required to (i) identify
   property lines; (ii) offer warranties or guarantees of any kind; (iii)
   calculate the strength, adequacy, or efficiency of any septic system or
   component; (iv) operate any system or component that does not respond to
   normal operating controls; (v) move excessive vegetation, structures, personal
   items, panels, furniture, equipment, snow, ice, or debris that obstructs
   access to or visibility of the system and any related components; or (vi)
   determine the presence or absence of any suspected adverse environmental
   condition or hazardous substance, including toxins, carcinogens, noise, and
   contaminants in the building or in the soil, water, and air.

C. An inspection conducted pursuant to this section shall not constitute an
evaluation of soil suitability. Observations related to the soil condition at
the dispersal field shall be limited to visible signs of saturation, surfacing,
or ponding.

HISTORY: 2001, c. 52; 2020, c. 521; 2025, c. 103.