FAQs for Home Sales_Use Permit

JEFFERSON COUNTY PUBLIC HEALTH
ENVIRONMENTAL HEALTH SERVICES DIVISION

F A Q  for  H O M E   S A L E S

NOTE:  This FAQ concerns obtaining a Use Permit for the SALE of existing properties  You may click on any of the documents shown in blue to be taken to that document.

1. What is the County's use permit program?

As of January 1, 2004, prior to the sale of a dwelling or structure (including commercial structures) served by an individual sewage disposal system, the owner must have in his possession a use permit issued by the Public Health Department.

2. Why did the County adopt this program?

The Board of Health was concerned that individual sewage disposal systems were not always being properly inspected and that failing or marginal systems were being passed along to unsuspecting buyers.  Therefore, the requirement for a time-of-sale inspection for individual sewage disposal systems was made a part of the July 4, 2003 regulation revision (Part IX).

3. Aren't most systems already being inspected when properties sell?

Probably, but there are no consistently applied inspection criteria.  In addition, there are no mandatory requirements for certification of inspectors.  Previously, anyone who wanted to call themselves an inspector could do so and use whatever criteria they deemed appropriate to make their inspection. 

4. How does this new program change that?

The Use Permit program:

• mandates the inspection of all systems at time of sale
• establishes standardized inspection criteria in the form of a check list that will apply to each system, and
• requires certification of inspectors by nationally recognized professional associations or the Colorado licensing board for professional engineers.

5. Are there exceptions to the requirement for obtaining a use permit?

Yes. A dwelling or structure that was first occupied (as determined by the date of the warranty deed transferring ownership from the developer or builder to the original homeowner) less than five (5) years before the closing date does not require a use permit, provided that the existing system was not used for a previous dwelling on the site.

6. What about other property transfers or changes in ownership?

The following are also exempt from the use permit requirement:

• change in ownership solely to include or exclude a spouse or children;
• transfer subject to life estate;
• transfer to effect foreclosure or forfeiture of real property (when the foreclosed property is subsequently sold, a Use Permit IS required);
• transfer by redemption from a tax sale;
• transfer creating or ending joint ownership if at least one person is an original owner of the property and / or his or her spouse or children;
• transfer of property containing premises that shall be demolished (or already has been) and shall not be occupied after the property transfer;
• transfer for the vacation or granting of a public right of way;
• transfer from a person to a trust or to themselves as trustee(s) of a trust estate; or
• new homes that have not yet been occupied.

The form PROPERTIES NOT SUBJECT TO USE PERMIT REQUIREMENTS explains the circumstances where use permits are not required. 

7. Need I have a buyer lined up before getting a use permit?

No, you may obtain a use permit prior to having a purchase contract for the property. Exceptions are those properties with failing systems (see #25 - #27) and properties with outhouses or privies (see #28).

8. How does the use permit program work?

Prior to a real estate closing, the owner (or other responsible party) obtains the services of a certified inspector to perform an inspection of the individual sewage disposal system.  In addition, they will contact a company to have the septic tank pumped and inspected. 

9. Must I contact separate companies for these services? 

Not necessarily.  Some septic tank pumpers are also certified to perform inspections so they can do the entire job.  Ask them prior to making arrangements. See the LIST OF INSPECTORS IN JEFFERSON COUNTY for licensed and certified inspectors.

10. What do the inspectors look for?

The inspection covers a number of aspects that relate to both the structural integrity of all systems components, site conditions, and operational status of the system.  Very basically, to be approved an individual sewage disposal system must have:

1. some kind of primary treatment unit (septic or aeration tank) in good repair and functional,

2. some kind of absorption or evaporation system in good repair and functional (unless the system is a non-discharging vault), and

3. a maintenance contract for any mechanical systems.

11. What forms do the inspectors use?

There are three basic standardized forms:

• FORM 701 for the general system inspection,
• FORM 702 for the tank pumping and inspection, and
• FORM 703 for mechanical systems.

12. What is the difference between PASS / FAIL and YES / NO items on these inspection forms?

Items with PASS / FAIL as possible results are so-called "critical" items. Any item marked fail' would prevent the department from issuing a Use Permit. Therefore, these items must be fixed prior to applying for the use permit.  The YES / NO items relate to more minor concerns - any items marked YES will trigger an information statement that will be included on the use permit, but will not be cause for failing the system.

13.  What happens when the ground is snow covered?

Even under those conditions it should be possible to perform a reasonably thorough inspection. However, the presence of snow cover will be noted on the permit as a limiting inspection condition.

14. How much does this inspection cost?

The inspectors set their own fees.  We estimate that it will take about 1 hour to perform the work (not including the tank pumping).  Since all inspectors must use the same forms and criteria, be sure to compare prices as well.

15. Once I have the inspection report forms, what is the next step?

You fill out a FORM 700 and submit all the inspection reports and the application fee to the Department, either in person or by mail.  Although septic tank inspection FORM 702 is good for 12 months, FORMS 701 and 703 must be filed within 30 days after they are prepared. 

16. What is the Department's application fee?

The Board of Health has adopted a non-refundable fee of $100.00.

17. What does the Department do prior to issuing the use permit?

The Department:

1. reviews the submitted inspection reports,   

2. checks our files to determine if we have information on the size, capacity and components of the system, and

3. checks the records to determine if there are past or current reported operational problems with the system within the previous three years and, if everything is acceptable,  

4. issues the permit with the appropriate conditions.

18. What information will you report from the original installation file?

If available, we will report the original design parameters of the system in terms of number of bedrooms and persons the system was designed for and the total treatment capacity in gallons per day.  We will also report the date of installation, permit and file numbers, if any. 

19. How long will it take to issue a use permit?

Initially, it may take up to 10 working days, although we hope to process the majority of permits within 5 working days. Priority will be give to applications with quick closing dates.

20. How long will use permits be valid?

The permit is valid until:

1. the date of the real estate closing,

2. the date of application for a building permit, or

3. six months have elapsed, whichever comes first.

21. How can I renew a use permit?

Since the permit is valid for 6 months, there should be no need to renew them.  However, if you wish to renew a use permit BEFORE it expires, complete and submit FORM 704 for one (1) 6-month renewal. Subsequent renewals cannot be approved.    

22. Can I obtain a use permit for a vacant dwelling or structure?

Yes, although it may not provide as accurate a picture of the operational suitability of the septic system.  If a property is vacant, that condition will be noted on the permit.  

23. What about structures that have been burned or are otherwise uninhabitable at the time of sale?

A Use Permit is not required for these sales  however, an inspection of the existing system will be required prior to obtaining permits to rebuild the dwelling or structure in the future.

24. If the house is listed for sale as a 5 bedroom but the original permit was for a 3 bedroom, will the system need to be made larger to qualify for a use permit?

No. The Department will only report the information we have in the file.  The buyer and seller will have the opportunity to decide what, if any, changes need to be made.

 25. Are there any types of systems that cannot be approved for a use permit?

Certain systems will not qualify, such as:

1. systems that have an inspection report with a FAIL item marked,

2. systems that do not have a septic tank or primary treatment unit (cesspools),

3. "straight pipes" discharging sewage with no treatment, and

4. systems that are currently under investigation by the Department as a reported malfunction.

26. What must be done in those cases?

The system must be repaired or upgraded to meet the current minimum regulatory standards.  An engineering report detailing the proposed repair must be submitted along with an application for a repair permit.  The Department's fee for repair permits is currently $750.00, of $250.00 for addition or replacement of a septic tank..

27. Must this repair work be done before the property is sold?

Not necessarily.  If the owner obtains a repair permit from the Department to repair or upgrade the system AND the prospective buyer signs a written agreement (FORM 900) to repair or upgrade the system within 30 days of occupying the structure, the Department will waive the requirement for a use permit.

28. Will a dwelling with a pit-privy or outhouse qualify for a use permit?

Dwellings with pit privies cannot be occupied full-time.  However, these dwellings are acceptable for "limited occupancy," which the regulations define as:

"Occupancy of a structure or dwelling as a residence on less than a full-time, year round basis, i.e. no more than 90 consecutive days or a total occupancy of 120 days per year."

To sell such a dwelling, use FORM 800. A Limited Occupancy Use Permit can be issued after a prospective purchaser has been identified, and that purchaser signs an agreement acknowledging and agreeing to the above occupancy restrictions.  This will allow the transfers of weekend, hunting and fishing cabins, etc, even though they are served by privies. 

29. Does a use permit inspection include wells or other water sources?

No, the use permit is specifically limited to the individual sewage disposal system.  Wells are not subject to these requirements. However, the Department recommends that the production and capacity of the well and the quality of the water be checked to make sure that the well is an adequate and safe source of water.

30. Is there a penalty for not obtaining a use permit?

Failure to obtain a use permit may subject the owner who sold the property to a penalty as assessed under the provisions of Colorado State Law.  The purchaser is not subject to this penalty.

31. What if the inspector makes a mistake and approves a system that should have failed?

Since the written inspection criteria are very specific, that isn't likely.  However, if it becomes apparent that an inspector is doing a poor job, the Department will report that information to the organization that issued the inspector's credential (or the State licensing board, if the inspector is a professional engineer) for disciplinary action.  If the system is failing, the current owner will be required to fix it.

32. Who should I contact for additional information on use permits?

Craig Sanders, Jefferson County Public Health will be happy to answer your questions at (303) 271-5759 or email at csanders@jeffco.us.

REVISED 12/2011

Last Modified: Dec 19, 2011 01:16 PM