Authority: IC 16-19-3-4; IC 16-41-31-5

Affected: IC 16-41-31

Sec. 40. (a) A water carriage system of collecting sewage shall be used. A bed and breakfast establishment shall dispose of sewage through the use of a public sewerage system if the sewerage system is available within a reasonable distance from the bed and breakfast establishment.

(b) If a public sewerage system is not available, all components of the sewage disposal collection and disposal system serving a bed and breakfast establishment with six (6) or fewer bedrooms shall be located in accordance with the provisions of 410 IAC 6-8.1-37(a).

(c) If a public sewerage system is not available, all components of the sewage disposal collection and disposal system serving a bed and breakfast establishment with more than six (6) bedrooms shall be located in accordance with the provisions of 410 IAC 6-10 or applicable rules of the water pollution control board.

(d) A sewage disposal system for a bed and breakfast establishment may not be constructed or altered until the following has been accomplished:

1. (1) Plans for construction or alteration of the septic tank soil absorption system for a bed and breakfast establishment with six (6) or fewer guest bedrooms have been forwarded to and approved by the local board in accordance with provisions of 410 IAC 6-8.1-33.
2. (2) Plans for construction or alteration of the septic tank soil absorption system for a bed and breakfast establishment with more than six (6) guest bedrooms have been forwarded to and approved by the department's division of sanitary engineering in accordance with the provisions of 410 IAC 6-10-5.
3. (3) Plans for construction or alteration of any sewage disposal system other than a septic tank soil absorption system have been forwarded to and approved by the commissioner of the department of environmental management under rules adopted by the water pollution control board.

(Indiana Department of Health; 410 IAC 7-15.5-40; filed Jul 29, 1992, 10:00 a.m.: 15 IR 2581; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)