A. Inspections:
1. General Inspection Requirements: The building official shall make such SSTS inspections as are necessary to determine compliance with this chapter, Minnesota Rules 7080 and/or any conditions contained in permits issued hereunder. The following events shall trigger an SSTS compliance inspection:
a. A permit is granted under subsection 9-5-7B of this chapter.
b. A building permit is granted for new construction or the addition of a bedroom or bathroom on property served by an SSTS.
c. For all new SSTS construction, or any SSTS replacement, repair, alteration, maintenance, or operation.
d. Granting of request for change in system design or change in permit conditions.
e. The City learns or receives a complaint that a particular SSTS may be a failing system or poses an imminent threat to public health, safety, and welfare.
2. Time And Manner Of Inspection:
a. Inspections shall be made by the building official and/or City Engineer to ensure compliance with the requirements of this chapter, Minnesota Rules 7080 and any permit conditions.
b. It shall be the responsibility of the permit applicant to notify the building official in writing that the project is ready for inspection. Inspections shall be made within seven (7) days of written notification by any SSTS permit holder that the SSTS for which the permit was issued is ready for inspection.
c. No part of the SSTS shall be covered until it has been inspected and accepted by the building official and/or the City Engineer.
d. Inspections shall be made prior to the issuance of a building permit or variance for new construction or the addition of a bathroom or bedroom on property served by an SSTS.
3. Certificate Of Compliance And Notice Of Noncompliance:
a. No newly constructed, installed, altered, repaired, extended or relocated SSTS shall be placed in operation until it has received a certificate of compliance as hereafter provided.
b. Upon completion of the SSTS inspection as described in subsections A2 and A4 of this section, the building official and/or City Engineer shall make a determination as to whether or not the SSTS has been constructed, repaired, extended or relocated in compliance with the requirements of this chapter, Minnesota Rules 7080 and any permit conditions.
(1) If the SSTS is found to be compliant, then a certificate of compliance shall be issued to the property owner within thirty (30) days of inspection.
(2) If the SSTS is found to be out of compliance, then a notice of noncompliance shall be issued. The notice of noncompliance shall state which portions of the SSTS are not compliant and shall further state a reasonable period for the property owner to bring the system into compliance. Once the necessary changes are made or the period specified in the notice of noncompliance has run, whichever occurs first, then the SSTS shall be again inspected as provided above. If, upon reinspection, the SSTS is not compliant, then a notice of noncompliance shall be issued to the property owner. The notice of noncompliance shall state why the SSTS is noncompliant. A copy of the certificate of noncompliance shall be forwarded to the City Attorney for enforcement as provided in subsection C2 of this section.
4. Inspection Protocol:
a. In the event that the building official cannot complete an inspection or perform all required inspections in a timely manner, the building official is authorized and directed to develop an inspection protocol.
b. The inspection protocol shall establish the order and priority of inspections. For any SSTS required to be inspected for which the building official is unable to actually physically inspect the SSTS, the building official shall require that evidence of compliance be submitted. Evidence of compliance includes, but is not limited to, the following:
(1) Affidavits from the SSTS professional who performed any construction, installation, repair, alteration, or relocation of the SSTS.
(2) Video, electronic or photographic images of certain components and/or work performed.
(3) As built drawings.
(4) Any other data, as may be required by the building official in lieu of an actual inspection, evidencing compliance with this chapter, Minnesota Rules 7080 and applicable State law.
c. The building official shall review such evidence and issue either a certificate of compliance or notice of noncompliance accordingly.
5. No Warranty Or Guarantee Of Operation: Neither the issuance of an SSTS permit or certificate of compliance, nor any inspection of an SSTS shall constitute any warranty or guarantee that said SSTS will operate or function properly. (Prior Code § 4-3-5)
B. Stop Work Orders And Repair Orders: The building official may issue stop work orders and repair orders at such times and upon such terms and conditions as are necessary to prevent violations of this chapter from occurring or to eliminate existing ordinance violations.
C. Misdemeanor Violation; Penalties:
1. Any person who violates any of the provisions of this chapter or who makes any false statement on a certificate of compliance shall be guilty of a misdemeanor punishable by imprisonment, a fine, or both, as defined by State law.
2. In the event of a violation of this chapter, in addition to any other remedies, the City Attorney may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations. (Prior Code § 4-3-6)