These regulations do not seem to take into account the changes passed in HB 2671. Specifically, in the new section 7.d of 18 VAC 160-40-470 it states that it is a prohibited act for a licensee to not obtain a VDH operation permit. It doesn't specify whether that is for install or inspection. Licensees will have to attempt to obtain a copy of the operation permit before performing a septic inspection. However, in many cases they will not be able to obtain that permit within the required time period. This appears to be an issue with VDH and I'm not sure why the inspector should be penalized for this. 

Also, there needs to be regulatory clarity on the term "readily accessible" that was used in the new statute. The term is defined in the statute to mean" approachable or enterable for inspection without the risk of damage to any property or alteration of the accessible space, equipment, or opening." This would appear to indicate the space cannot be altered at all, including moving or digging soil. The REALTORS have been made aware that inspectors believe, as informed by VDH, that this still allows an inspector to dig or alter soil up to 30 inches deep. This will be very confusing for the consumer and could lead to liability for inspectors and real estate licensees. There needs to be more clarity here for the protection of all parties.