*HB1352.1*
January 18, 2024
HOUSE BILL No. 1352
_____
DIGEST OF HB 1352 (Updated January 17, 2024 1:54 pm - DI 140)
Citations Affected: IC 16-41; IC 36-11.
Synopsis: Inspection of residential onsite sewage systems. Prohibits
a local health department and other local officers or employees from
inspecting a residential onsite sewage system unless the manufacturer
of the system requires inspection of the system multiple times a year.
Allows a nonresidential onsite sewage system to be installed in a lot if
at least one site on the lot is determined to be suitable for the
installation of the nonresidential onsite sewage system. Provides that
a county onsite waste management district may not assess a periodic
inspection fee against an owner of an onsite sewage disposal system for
a particular period if the district does not inspect the owner's system
during that period.
Effective: July 1, 2024.
Morris, Judy, Pressel
January 10, 2024, read first time and referred to Committee on Environmental Affairs.
January 18, 2024, reported — Do Pass.
HB 1352—LS 7036/DI 150 January 18, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1352
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-41-25-8.7 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 8.7. (a) As used in this section,
4 "lot" means the parcel of real property on which any one (1) of the
5 following has been constructed or is proposed for construction:
6 (1) An apartment building.
7 (2) A church or other place of worship.
8 (3) A commercial establishment.
9 (4) A condominium.
10 (5) A medical facility.
11 (6) A motel.
12 (7) An office building.
13 (8) A restaurant.
14 (9) A school.
15 (b) A nonresidential onsite sewage system (as defined in
16 IC 16-19-3.5-3.5) may be installed in a lot described in subsection
17 (a) if at least one (1) site on the lot is determined to be suitable for
HB 1352—LS 7036/DI 150 2
1 the installation of the nonresidential onsite sewage system (as
2 defined in IC 16-19-3.5-3.5).
3 SECTION 2. IC 16-41-25-10, AS ADDED BY P.L.232-2023,
4 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 10. (a) Neither an officer or employee of a local
6 health department nor another agency, officer, or employee of a county,
7 city, or town may enter property on which a residential onsite sewage
8 system is located for the purpose of inspecting the residential onsite
9 sewage system if, not more than one hundred eighty (180) days before
10 the date of the inspection, the owner or occupant of the residence
11 served by the residential onsite sewage system and:
12 (1) a septic system installer or inspector registered with the
13 county in which the residential onsite sewage system is located;
14 (2) an onsite sewage system technician; or
15 (3) an Indiana professional engineer registered under IC 25-31-1;
16 state in a writing transmitted to the local health department, county,
17 city, or town that the residential onsite sewage system is functioning
18 properly.
19 (b) Subject to subsection (d), if subsection (a) does not apply, an
20 officer or employee of a local health department or another officer or
21 employee of a county, city, or town may not enter property on which a
22 residential onsite sewage system is located for the purpose of
23 inspecting the residential onsite sewage system unless the owner or
24 occupant of the residence served by the residential onsite sewage
25 system is given notice of the inspection by first class mail addressed to
26 the residence at least seven (7) days before the day of the inspection.
27 (c) Subject to subsection (d):
28 (1) an officer or employee of a local health department; or
29 (2) another officer or employee of a:
30 (A) county;
31 (B) city;
32 (C) town; or
33 (D) county onsite waste management district;
34 may inspect a residential onsite sewage system or a nonresidential
35 onsite sewage system (as defined in IC 16-19-3.5-3.5) after
36 installation only if a the manufacturer of a the residential onsite
37 sewage system requires inspection of the system multiple times a year.
38 an owner of the property on which a residential onsite sewage system
39 is located may request an officer or employee of a local health
40 department or another agency, officer, or employee of a county, city, or
41 town to inspect the residential onsite sewage system located on the
42 owner's property, but the inspection may only occur if the owner of the
HB 1352—LS 7036/DI 150 3
1 residential onsite sewage system invites the inspector to the property.
2 (d) An advance notice to the owner or occupant of the residence is
3 not required under subsection (b) in an urgent situation caused by a
4 malfunction of the residential onsite sewage system that creates a clear
5 and immediate danger to the public's health, safety, or property.
6 SECTION 3. IC 36-11-2-2 IS ADDED TO THE INDIANA CODE
7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
8 1, 2024]: Sec. 2. A district may not assess a periodic inspection fee
9 against an owner of a system for a period if the district does not
10 inspect the owner's system during that period.
HB 1352—LS 7036/DI 150 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Environmental Affairs, to which
was referred House Bill 1352, has had the same under consideration
and begs leave to report the same back to the House with the
recommendation that said bill do pass.
(Reference is to HB 1352 as introduced.)
MORRISON
Committee Vote: Yeas 12, Nays 0
HB 1352—LS 7036/DI 150