1. (a) Neither an officer or employee of a local health department nor another agency, officer, or employee of a county, city, or town may enter property on which a residential onsite sewage system is located for the purpose of inspecting the residential onsite sewage system if, not more than one hundred eighty (180) days before the date of the inspection, the owner or occupant of the residence served by the residential onsite sewage system and:

   1. (1) a septic system installer or inspector registered with the county in which the residential onsite sewage system is located;
   2. (2) an onsite sewage system technician; or

   3. (3) an Indiana professional engineer registered under IC 25-31-1 ;

      state in a writing transmitted to the local health department, county, city, or town that the residential onsite sewage system is functioning properly.

2. (b) Subject to subsection (d), if subsection (a) does not apply, an officer or employee of a local health department or another officer or employee of a county, city, or town may not enter property on which a residential onsite sewage system is located for the purpose of inspecting the residential onsite sewage system unless the owner or occupant of the residence served by the residential onsite sewage system is given notice of the inspection by first class mail addressed to the residence at least seven (7) days before the day of the inspection.
3. (c) Subject to subsection (d), if a manufacturer of a residential onsite sewage system requires inspection of the system multiple times a year, an owner of the property on which a residential onsite sewage system is located may request an officer or employee of a local health department or another agency, officer, or employee of a county, city, or town to inspect the residential onsite sewage system located on the owner's property, but the inspection may only occur if the owner of the residential onsite sewage system invites the inspector to the property.
4. (d) An advance notice to the owner or occupant of the residence is not required under subsection (b) in an urgent situation caused by a malfunction of the residential onsite sewage system that creates a clear and immediate danger to the public's health, safety, or property.

As added by P.L.232-2023, SEC.12.