68-221-414 - Proof of access to sewage system prior to construction Rules and regulations.
68-221-414. Proof of access to sewage system prior to construction Rules and regulations.
(a) Any person who intends to construct or locate a house or establishment, mobile or permanent, shall furnish evidence to the deputy electrical inspector under contract with the department of commerce and insurance, that:
(1) The house or establishment is served by a public sewerage system; or
(2) The person has applied for a permit for a subsurface sewage disposal system;
provided, that this subsection (a) shall not apply to farm buildings or other buildings which are not connected to a public sewerage system or a subsurface sewage disposal system.
(b) No public electric system shall supply electrical service for the construction or location of a house or establishment, mobile or permanent, until notified by the official electrical inspector that there has been compliance with the provisions of subsection (a). Such notification shall be furnished to the public electric system by the inspector along with the electrical inspection approval for the house or establishment.
(c) Under no circumstances shall any of the following persons be held liable for a violation of subsection (b) unless the violation is knowing and intentional:
(1) A public electric system or any of its employees; and
(2) The department of commerce and insurance or any of the electrical inspectors employed by or under contract with that department.
(d) The sole responsibility for enforcement of the subsurface sewage law shall lie with the department of environment and conservation.
(e) This section does not apply to those counties having, on July 1, 1994, countywide building permit programs; provided, that those counties shall by letter certify to the commissioner of environment and conservation that such programs do exist which require that a subsurface sewage disposal system permit be obtained prior to receiving a building permit.
(f) (1) On or before September 14, 1993, the commissioner of environment and conservation shall promulgate proposed regulations establishing the necessary coordination between the department of environment and conservation and the department of commerce and insurance. These regulations shall not become final until they are approved by the commissioner of commerce and insurance.
(2) The commissioner of commerce and insurance may promulgate regulations clarifying that department's responsibility under this section, if such regulations are deemed necessary.
(g) Any county that adopts and establishes a countywide building permit program subsequent to July 1, 1994, shall become exempt from this section; provided, that it meets the requirements of subsection (e).
[Acts 1993, ch. 325, §§ 1, 2; 2006, ch. 877, § 2.]