HB 284 – AS INTRODUCED
2007 SESSION
05/04
HOUSE BILL 284
AN ACT relative to the repair of septic systems prior to the sale of waterfront property.
COMMITTEE: Resources, Recreation and Development
This bill requires a septic system for waterfront property to meet department of environmental services standards for septic disposal systems prior to the sale of such property.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0527
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the repair of septic systems prior to the sale of waterfront property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Sale of Waterfront Property; Remediation by Seller. Amend RSA 485-A:39 to read as follows:
485-A:39 Waterfront Property Sale; Site Assessment Study.
I. Prior to the execution of a purchase and sale agreement for any developed waterfront property using a septic disposal system, the owner of the property shall, at [his] the owner’s expense, engage a [permitted subsurface sewer or waste disposal system designer] certified septic system evaluator to perform a site assessment study to determine if the site meets the current standards for septic disposal systems established by the department. The site assessment study shall include an on-site inspection and shall identify any remedial action required to meet the department’s standards for septic disposal systems.
II. The site assessment study form shall become a part of the purchase and sale agreement and the sale of such property shall be contingent on any repairs required to meet the department’s standards for septic disposal systems. The parties may negotiate the cost of such repairs.
III. The site assessment study form, with stated findings, shall be given to the buyer and seller and receipt of the form shall be acknowledged in writing by the buyer and seller.
IV. Failure of the seller or the seller’s agent to notify the buyer of the findings or deliver approved plans of the septic disposal system pursuant to paragraph III of this section shall be a violation and, notwithstanding RSA 651:2, shall be punishable by a fine not to exceed $500.
V. The site assessment study shall consist of 3 sections:
(a) Section A shall include the name, address, and telephone number of the seller and the seller’s agent and the location and a brief description of the property, including the tax map reference and lot number.
(b) Section B shall include the lot size, slope, loading (based on the number of bedrooms in the structure), water source, soil type, and estimated seasonal high water table information from U.S. Natural Resources Conservation Service maps. A space shall be included on the form for the permitted designer to write his assessment of the site for the current use of the system, based upon the criteria and information required in this subparagraph.
(c) Section C shall include information about the present septic disposal system, if available. If the installed system was approved by the department, a copy of the approval form, approval number and plan shall be attached to the site assessment study.
[An assessment indicating that the site fails to meet any of the criteria established under this section shall not prohibit the sale of the property but must be disclosed to the buyer as full and proper notice of the possible limitations of the site for a septic disposal system.]
VI. The department shall design the site assessment form pursuant to paragraph V of this section.
VII. The commissioner shall adopt rules pursuant to RSA 541-A relative to:
(a) Standards for septic disposal systems.
(b) The certification of septic system evaluators.
(c) The procedures for the availability and distribution of the assessment form to interested parties.
2 Effective Date. This act shall take effect January 1, 2008.