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'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 from the start of the inspection, unless otherwise agreed to in writing by the parties. The report shall identify all inspected components, specify any components not inspected with reasons for their omission, document adverse conditions such as defective or damaged components, and indicate whether the system is operating as intended.
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, 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.
2001, c. 52 ; 2020, c. 521 ; 2025, c. 103 ; 2026, cc. 267 , 268 .
