Arizona Septic Transfer Inspection Guide for Home Sales

Q: What does Arizona require when a home with a septic system is sold?

Arizona rule A.A.C. R18-9-A316 requires the seller to have the septic system inspected within six months before the property transfers, by an inspector who meets the rule's training and license qualifications. The inspector completes a Report of Inspection, each tank is pumped unless an exception applies, and the seller gives the report and system records to the buyer before closing. Within 15 calendar days after the transfer, the buyer files a Notice of Transfer.

Who orders the inspection, and when?

The rule puts the inspection on the person transferring the property, which in a resale is the seller. It has to take place within six months before the date of transfer. Maricopa County points out that this is a provision of Arizona rule and takes precedence over any conflicting terms in a contract for the property transfer, so a different term in the purchase contract does not override it.

The requirement covers conventional septic tank systems and alternative onsite systems alike. One exception applies to brand-new systems: if a Discharge Authorization was issued but the system was never put into service before the transfer, no inspection is required, although the buyer still files the Notice of Transfer.

Because the six-month window counts back from the transfer date, schedule the inspection once a closing date is in sight, and leave room for any pumping or repairs the inspection turns up.

What the Report of Inspection has to cover

The inspector completes a Report of Inspection on a form approved by the Arizona Department of Environmental Quality (ADEQ), signs it, and gives it to the seller. Under subsection C of the rule, the report has to:

Address the physical and operational condition of the system.
Describe any deficiencies observed and any repairs completed.
State that each septic tank or treatment container was pumped or serviced to remove solid, floating, and liquid waste as fully as possible, or give the reason it was not.
Show the date the inspection was performed.

Does each tank have to be pumped?

Maricopa County's summary is direct: any significant amount of waste must also be pumped from each tank. The rule lets the report record that pumping was skipped only for one of three reasons:

A Discharge Authorization was issued and the system went into service within 12 months before the inspection.
The manufacturer's written operation and maintenance instructions show pumping or servicing was not needed at the time.
No floating or settled waste had accumulated in the tank or treatment container.

What the seller hands the buyer before closing

Before the transfer, the seller gives the buyer the completed Report of Inspection and any documents in the seller's possession about permitting, operation, and maintenance of the system. Maricopa County's maintenance guidance adds that maintenance records belong with the permit and the as-built plan and must be passed on to the next owner, and that the homeowner keeps pumping receipts or inspection records for verification.

If more than one onsite system is in use on the property, the county says the inspector completes a separate Report of Inspection for each one. A useful folder for the buyer holds:

The Report of Inspection for each system.
The permit and as-built drawing, if you have them.
Pumping receipts and earlier inspection reports.
Any operation and maintenance agreement for an alternative system's extra treatment components.

The buyer's Notice of Transfer: 15 calendar days

The Report of Inspection is not the filing. After closing, the buyer completes a Notice of Transfer and sends it with the applicable fee within 15 calendar days after the transfer. The rule sends it to ADEQ for a system whose construction was completed before January 1, 2001, and otherwise to the health or environmental agency ADEQ has delegated. Subsection A of the rule adds that following these transfer steps satisfies the state's Notice of Transfer requirements.

In Maricopa County, the buyer submits the completed Notice of Transfer through the county's Permit Center and files it with the agency shown in the county's filing instructions. The county requires a Notice of Transfer for each parcel, and one notice can cover more than one system on that parcel. Check the county's ownership transfer page for the current fee before filing.

Property in Pinal or Yavapai County

Most of the Phoenix Valley is in Maricopa County, and the filing steps above are Maricopa County's. If the property is in Pinal or Yavapai County, those steps do not apply as written.

The state rule and its deadlines still apply there: the notice goes to ADEQ for a system completed before 2001 and otherwise to the agency ADEQ has delegated for that county. Confirm the current filing route with that county before closing, and do not file through Maricopa County's Permit Center.

Who can perform a transfer inspection?

Subsection B of the rule sets three requirements for the inspector. The person must have working knowledge of the type of system and the inspection process, hold a certificate of training from a course recognized by ADEQ, and hold one of these licenses or registrations:

Arizona-registered engineer.
Arizona-registered sanitarian.
Owner of a vehicle with a human excreta collection and transport license, or an employee of that owner.
Contractor licensed by the Registrar of Contractors as B-4 or C-41 (residential), A, A-12, or L-41 (commercial), or KA or K-41 (dual).
Wastewater treatment plant operator certified under 18 A.A.C. 5, Article 1.
A person in another category designated by ADEQ.

Finding the system's records

Maricopa County's Online Septic Search Tool lets anyone search the county's available septic records at no charge, and the county will also run a records search on request for a fee. The permit, the as-built drawing, and past inspection reports show where the tank and the field are and what type of system was approved, which saves time on inspection day.

Before you schedule

A little preparation keeps the inspection inside the six-month window and avoids a second trip. When you schedule your transfer inspection with us, have these ready:

Gather permits, prior inspection reports, pumping records, and any operation or maintenance records.
Identify the system type and the approximate tank and disposal-area locations.
Clear safe access to lids and controls, and mention gates, animals, tenants, alarms, or known failures.
Count the systems and parcels: each system needs its own report, and each parcel its own Notice of Transfer.
Line up the inspection date with the expected closing date.

Common questions

Can the purchase contract waive the septic inspection?

No. Maricopa County notes that the six-month inspection requirement is a provision of Arizona rule and takes precedence over any conflicting terms in a contract for the property transfer.

Does a newly installed system need a transfer inspection?

If a Discharge Authorization was issued but the system was never put into service before the transfer, no inspection is required, though the buyer still files the Notice of Transfer. A system that went into service within 12 months before the inspection does not have to be pumped.

Is the Report of Inspection the same as the Notice of Transfer?

No. The inspector's report goes to the seller, who passes it to the buyer before closing. The Notice of Transfer is the buyer's own filing with the state or county agency within 15 calendar days after the transfer.

What if the property still uses a cesspool?

Arizona rule does not allow a cesspool to be used for sewage disposal, and Maricopa County says its Notice of Transfer form is not for transferring a cesspool. Contact the county before closing to find out what the property needs.

How far ahead should the inspection be scheduled?

Any date within the six months before the transfer meets the rule. Scheduling it early in escrow leaves time for pumping, repairs, or a follow-up visit if the report finds deficiencies.

Sources

Requirements and filing routes can change. Confirm the current process with the county that holds the property's septic records before closing.

Selling a home with a septic system in Arizona: the transfer inspection