HomeMy Public PortalAboutReal Estate Transfer Regulation �xk!! W W
-406V% eWgT TOWN OF BRE, WSTER OFFICE OF
pQ c# "" • # HEALTH DEPARTMENT
2198 Mary STREET
BRE, MA 02631
r PHONE : (508) 896-3701 EXT 1120
° FAx : ( 508) 896-4538
13RHEALTH (1I3REWSTER-MA, GOV
REAL ESTATE TRANSFER REGULATION
The Brewster Board of Health voted to adopt the following Regulation
at its meeting held on May 19 , 1987 , and amended on November 1 , 1988 ,
under the authority of Chapter 111 , Section 31 of the General Laws of
Massachusetts , to better protect the Public Health of the inhabitants
of the Town of Brewster , Barnstable County , Massachusetts . The
effective date of this Regulation will be January 1 , 1988s All deeds
recorded on or after January 1 , 1988 will be subject to this
regulation .
REGULATION
Prior to selling , conveying or transferring the title to real property
situated in the Town of Brewster and containing an existing
Residential , Commercial or Industrial sewage disposal system , the
Owner thereof shall have an open Inspection of said system ( s ) . The
inspection shall be performed by a Massachusetts Registered
Professional Engineer , Massachusetts Registered Sanitarian or DEP
approved System Inspector person who :
( a . ) in the opinion of the approving authority is
qualified to perform such inspections ;
( b . ) has one year documented experience in satisfactorily
performing such inspections ; and
( c . ) has used or gained skills that demonstrate sufficient
competence to perform such inspections .
If it is determined by the Board of Health that the system constitutes
a danger to the Public Health , the Board shall order the owner to make
repairs or replace the system .
PURPOSE
To determine and to protect the Public Health from potential and
present sources of pollution to ground water or . salt water from
existing sewage disposal systems , the Board of Health requires that
the Owner ( s ) of a developed property in Brewster obtain an open
Inspection of the existing septic system prior to the time of the
transfer of that property .
SECTION I - DEFINITIONS
Preamble - All other definitions not in this Regulation will be
defined by Title 5 , 310 CMR 15 . 01 .
1 . 1 COMPONENT : Any septic tanks , distribution boxes and leaching
facilities .
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1 . 2 DEVELOPED PROPERTY : A parcel of land with a man - made structure
erected upon it which has affixed to it an in - ground sewage system ( s ) .
1 . 3 FAILED SYSTEM : A failed system is defined as one in which there is
evidence of sewage flow to the surface ; evidence of overload of the
system , the system is in such a state of disrepair that it cannot
function as originally intended ; lack of a four ( 4 ) foot protective
zone between the bottom of the system and ground water ; or any other
problem as defined by the Board of Health or its Director .
1 . 4 MARGINAL SYSTEM : A marginal system is defined as having one or
several of the following problems : The system could not be judged
because of an extended period of non - use ; there are problems with the
individual components of the system or with the system location ;
records show excessive pumping three or more times within any eighteen
( 18 ) month period for residential or commercial property , except for
required grease trap maintenance for commercial property , presence of
visible ferric sulfide stains ; the system is inadequate for intended
use , system is located within 100 feet of a domestic water supply
well , wetland or watercourse or any other problem defined by the Board
of Health or its Director .
1 . 5 OPEN INSPECTION : All components of the septic system ( s ) attached
to the existing structure ( s ) will be uncovered and a visual inspection
conducted .
1 . 6 SUBSTANDARD SYSTEM : A system which does not conform to 310 CMR
15 . 00 , the State Environmental Code , Title 5 , Minimum Requirements for
the Subsurface Disposal of Sewage and the Brewster Board of Health
Regulations .
1 . 7 TRANSFER OF PROPERTY : An act by which the title of a property is
conveyed from one person to another except as noted in Section 4 . 1 .
SECTION II - STANDARDS
2 . 1 For the purpose of this Regulation , reference is made to the
standards and provisions of Title 5 of the State Sanitary Code , and to
the existing regulations of the Brewster Board of Health Regulations
for Subsurface Sewage Disposal .
SECTION III - ENFORCEMENT AUTHORITY
3 . 1 The Board of Health Director is authorized to issue Notices of
Violation , Cease and Desist Orders , or other Administrative
enforcement orders to compel compliance with the terms of these
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Regulations for Subsurface Sewage Disposal .
3 . 2 In addition to any other remedy , the Board of Health and / or its
Director may take any enforcement action deemed appropriate , including
but not limited to Criminal Prosecution , to seek a fine in accordance
with Chapter 111 , Section 31 , or Civil Action in the Courts of the
Commonwealth for injunctive relief or money damages or both , or Civil
and Criminal enforcement .
SECTION IV - EXCEPTIONS
4 . 1 This Regulation shall not apply to a sale under power
of sale contained in a bona fide mortgage affecting the property .
4 . 2 This Regulation shall not apply to a sale of property having a
sewage system that has been installed , repaired or replaced and which
has received a satisfactory inspection report from the Health Director
within twenty - four ( 24 ) months of the closing , provided additional
living space has not been added and / or there has been no change in
intended use . The date of issuance of the Certificate of Compliance
will begin the twenty - four ( 24 ) months time period . A copy of the
Disposal Works Construction Permit and / or other evidence , approved by
the Board of Health or its Director , must be submitted in lieu of the
Certificate of Inspection thirty ( 30 ) days prior to each Real Estate
Transfer .
4 . 3 In the case of a Title 5 system , the Board of Health may waive the
requirements for an inspection in appropriate cases . All requests for
waivers shall be in writing .
4 . 4 Real Estate Transfers otherwise subject to this Regulation which
take place within two ( 2 ) years of an inspection under this Regulation
and found to be in good working order , may be exempt from this
Regulation upon review and approval by the Board of Health or its
Director . A copy of the original Certificate of Inspection Form must
be submitted to the Board of Health or its Director for review thirty
( 30 ) days prior to Real Estate Transfer .
4 . 5 Sellers and buyers who transfer an existing structure with the
intent to demolish and replace the existing system with a Title 5
system may apply to the board of Health or its Director for exemption
from this Regulation . The seller and the buyer must comply together
in writing showing that both parties have agreed to
the arrangements and accept joint responsibility for seeing that the
new system is installed . An Engineer hired by the party ( s ) must
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provide in writing
that he / she has been contracted to do the plan and that a preliminary
survey of the lot in question shows that a septic system in compliance
with Title 5 and Town of Brewster Regulations can be installed on the
lot . A proposed time frame for the demolition and installation must
be submitted at the time of application .
SECTION V - INSTRUCTIONS
5 . 1 The Inspection by the Engineer or Sanitarian should take place not
more than 180 days nor less than thirty ( 30 ) days prior to the
transfer of property . The Board of Health must receive the Inspection
Form and Certificate of Compliance within seven ( 7 ) days of the
Inspection . In addition , the Engineer or Sanitarian should give
copies to the Owner and to any Buyer or Broker identified with the
transfer . In the event there is no buyer at the time of Inspection ,
copies must be given by the Owner to the Buyer preferably before the
property is put under agreement .
5 . 2 Establishing ground water levels : Unless exempted from this
requirement by the Board of Health or its Director , septic systems or
components of systems that are located below elevations of fifteen
( 15 ) feet ( using USGS mean sea level datum ) and/ or within 100 feet of
a wetland are required to have a test boring or deep observation hole
dug in order to establish the ground water level . When depth to
ground water has been measured it should be adjusted to reflect the
adjusted depth using the procedures outlined in Estimating Highest
Groundwater Levels for Construction and Land Use Planning - A Cape
Cod , Massachusetts Example , Michael H . Frimpter and Martha N . Fisher .
USGS Water Resources Investigations 83 - 412 .
5 . 3 If the Inspection finds evidence of a failed system , such as
sewage on the surface or sewage draining into any waterways or
wetlands , the Board of Health or its Director shall determine within
fourteen ( 14 ) days after receiving the Inspection Form whether or not
the system constitutes a danger to the Public Health and whether and
to what extent the system should be repaired or replaced . The Board
of Health or the Health Director shall notify the owner by Certified
Mail within seven ( 7 ) days of its determination , accompanied by any
order requiring the system to be repaired or replaced .
5 . 4 If the Inspection finds evidence of sewage on the surface or
draining into any waterways or wetlands , the Board of Health or its
Director is to be notified by the Engineer or Sanitarian within
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twenty - four ( 24 ) hours .
5 . 5 If the Inspection finds the system to be " Marginal " , the Board of
Health or its Director shall decide within fourteen ( 14 ) days after
receiving the Inspection Form whether or not the system constitutes a
danger to the Public Health and whether and to what extent the system
should be repaired , replaced , or be subject to further inspection as
the Board or its Director deems appropriate under the circumstances .
The Board of Health or the Health Director shall notify the Owner by
Certified Mail within seven ( 7 ) days of its determination , accompanied
by any order requiring the system to be repaired , replaced or subject
to further inspection .
5 . 6 If the Inspection reveals that the covers to the septic tank or
cesspool are more than twelve ( 12 ) inches below the finished grade ,
the covers shall be brought up to within twelve ( 12 ) inches of the
finished grade .
5 . 7 If the Inspection reveals that the sewage disposal system consists
of a single cesspool , or cesspools , then the system shall be deemed
substandard and must be upgraded to comply with 310 CMR 15 . 00 , the
State Environmental Code , Title 5 , Minimum Requirements for the
Subsurface Disposal of Sewage .
5 . 8 If the inspection reveals that the sewage disposal system leaching
facility or facilities are located within 300 feet of a pond or lake ,
then the leaching facility or facilities shall be deemed substandard
and must be upgraded to comply with 310 CMR 15 . 000 , the State
Environmental Code , Title 5 and Brewster Board of Health Regulations .
If the setbacks required by this regulation cannot be attained due to
lot configuration or other factors , the leaching component shall be
located at a maximum feasible distance from the pond or lake as
determined by the Board of Health or its director .
5 . 9 The allowable time for the repair , replacement or further
I
nspection will be determined by the Board of Health or its Director ,
and will be contained in the order to the Owner .
5 . 10 If any repair or replacement is required , the Health Director
shall inspect the work and make a written report thereof , stating
that the work is satisfactory or unsatisfactory , and whether and to
what extent further work or inspections are required .
5 . 11 Copies of the Inspection , Determination , Order and Report shall
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Be filed with the Board of Health and shall be available for public
inspection and copying .
Adopted : May 19 , 1987 Amended : March 2 , 1993
Effective : January 1 , 1988 Effective : March 12 , 1993
Amended : November 1 , 1988 Amended : August 1 , 1995
Amended : February 7 , 1989 Effective : August 11 , 1995
Amended : January 19 , 1993 Amended : May 23 , 2006
Effective : March 1 , 1993 Effective : September 1 , 2006
Amended : November 1 , 2017 ( email & website changes )
Effective : November 11 2017
w . - `, ✓ Brewster Board of He lth
Carmen " Scherzo , 1 , !Chairman ! For Q
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Ma a D- Annedoo
tteGra ewskvi , MT ( ASCP )
Anne t b ie`r
Colette Williams , Town Clerk