Authority of local health department to administer state

department's rule; certification of professional engineer concerning planned or existing residential onsite sewage system Sec. 5. (a) The authority of a local health department to administer the rule of the state department concerning residential onsite sewage systems is subject to this section. (b) If a professional engineer registered under IC 25-31-1 certifies that the: (1) location; (2) design; (3) proposed construction; and (4) proposed installation; of a planned residential onsite sewage system comply with the administrative rule of the state department concerning residential onsite sewage systems, a local health department may not disapprove an application for a permit for the residential onsite sewage system on the grounds that the location, design, construction, or installation of the residential onsite sewage system is faulty. (c) If a professional engineer registered under IC 25-31-1 certifies that the: (1) design; (2) construction; (3) installation; (4) location; (5) maintenance; and (6) operation; of an existing residential onsite sewage system comply with the administrative rule of the state department concerning residential onsite sewage systems, a local health department may not issue an order based on a finding that the residential onsite sewage system is a failed system. (d) If a professional engineer registered under IC 25-31-1 certifies that an existing residential onsite sewage system is not functioning properly but can be restored to proper functioning through repair, a local health department must allow the repair of the residential onsite sewage system to be made in accordance with the certification of the professional engineer. As added by P.L.167-2022, SEC.10.