1. (a) The authority of a local health department to administer the rule of the state department concerning residential onsite sewage systems is subject to this section.

2. (b) If a professional engineer registered under IC 25-31-1 certifies that the:

   1. (1) location;
   2. (2) design;
   3. (3) proposed construction; and

   4. (4) proposed installation;

      of a planned residential onsite sewage system comply with the administrative rule of the state department concerning residential onsite sewage systems, a local health department may not disapprove an application for a permit for the residential onsite sewage system on the grounds that the location, design, construction, or installation of the residential onsite sewage system is faulty.

3. (c) If a professional engineer registered under IC 25-31-1 certifies that the:

   1. (1) design;
   2. (2) construction;
   3. (3) installation;
   4. (4) location;
   5. (5) maintenance; and

   6. (6) operation;

      of an existing residential onsite sewage system comply with the administrative rule of the state department concerning residential onsite sewage systems, a local health department may not issue an order based on a finding that the residential onsite sewage system is a failed system.

4. (d) If a professional engineer registered under IC 25-31-1 certifies that an existing residential onsite sewage system is not functioning properly but can be restored to proper functioning through repair, a local health department must allow the repair of the residential onsite sewage system to be made in accordance with the certification of the professional engineer.

As added by P.L.167-2022, SEC.10.