Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals
 
chapter
Onsite Sewage System Professionals Licensing Regulations [18 VAC 160 ‑ 40]
Action General Review of Onsite Sewage System Professionals Licensing Regulations
Stage Proposed
Comment Period Ended on 7/18/2025
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Next Comment     Back to List of Comments
7/15/25  11:06 am
Commenter: Wiley C. Oyote

HB2671
 

Requirements of HB 2671 (Chapter 103 of the 2025 Acts of Assembly).   
Reenactment of statute  (Va. Code 59.1-310.7 et seq) creates new requirements for all real estate septic system inspections. 

§ 59.1-310.9. Requirements for authorized septic system inspectors and minimum requirements for performance of septic system inspections.

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.

Statute seems at odds with current regulations of Onsite Sewage System Professionals Licensing. 

Statute provides for the definition of an Authorized Septic System Inspector along with requirements for those who CHOOSE to use that title.

 

If the public, or licensed realtor's solicit services of "Authorized Septic System Inspector," or other professionals licensed under this board certain requirements are applicable pursuant to General Assembly Acts. Stipulating requirements: written contract, ethical and technical ability to meet certain inspection requirements. Inspections are also defined by scope of work, reporting and final opinion.

 

DPOR Board has refused to meaningfully incorporate these standards while adjudicating complaints against license holders under 18VAC160-40-490.  Response to complaints has decried responsibility for oversight, and directed citizens to consider action through local Commonwealth's Attorney; an absurd result for a state licensing board. 

 

Did General Assembly give authority to any Regulatory Board to develop regulations or create licensing of an Authorized Septic System Inspector?    

DPOR licenses certain individuals that qualify to use certain legal titles; it seems the Regulatory Review underway ought to incorporate the standards of practice as defined by statute. At minimum the Board should address requirements of contract which are already addressed through Contractors Board.

 

Contracts are the basis of all work conducted by professionals having duties to disclose, manage or render services to the public.

 

CommentID: 236958