When moving into a new house, there are lots of things you need to inspect.
Yes, you should worry about the number of bedrooms, the square footage, and the curb appeal.
But an often overlooked part of the house is the onsite waste management system.
If the house has a septic system, be sure to investigate it because a house may appear new and yet have a grandfathered septic system.
What Are Grandfathered Septic Systems?
No, it has nothing to do with your gramps (phew!).
According to Cornell Law School, the term “Grandfathered” is a legal term that refers to clauses in the law or legal documents that puts a limit on how any new change will be applied.
A grandfathered septic system, therefore, refers to a septic system that was installed and approved before the implementation of current regulations but is still considered legal and compliant.
These systems may not meet the current standards for design, installation, and maintenance, but are allowed to continue operating because they were installed before the regulations went into effect.
This means that the homeowner is not required to upgrade the system to meet current standards, but they may still be required to maintain and repair the system to ensure it continues to function properly.
That said, grandfathered septic systems may still be subject to certain restrictions or limitations.
For instance, you may not be allowed to modify them (e.g. expand them) and you will be needed to carry out more inspections than is required for newer systems.
During a property transfer, the law may require a thorough inspection and/or an installation of a new one on the property.
This means that for the most part, new owners of a property with a grandfathered septic system may need to be prepared for the possibility of installing a new one.
You may also want to check: What Is An Illegal Septic System?
Do Grandfathering Laws Still Exist?
Grandfathering laws, as relates to voting and business rights, were declared unconstitutional in 1915.
However, that shouldn’t be misconstrued to mean that septic tank grandfathering laws stopped existing.
In fact, the term grandfathering is still widely used in the law to apply to other areas and not just voting rights as was the case initially.
Sometimes, the term doesn’t even have to be mentioned for it to be at work.
As long there is a clause in the law that allows you to keep an old house with an old septic tank, you can safely infer that you are using a grandfathered septic tank clause in the law.
On the other hand, having a grandfathered septic system doesn’t mean you get to have an old and dilapidated septic system that is no longer working.
Even if the law allows you to have a grandfathered system, other clauses will come into effect if the system fails and poses a threat to the environment.
For most states, any failed system will need to be replaced immediately.
It’s also worth noting that the regulations for septic systems can vary depending on the county and local regulations.
Some counties may have stricter regulations than others, so it’s important to check with the local authorities to determine the specific requirements for grandfathered septic systems in a particular area.
Let’s take a look at a few jurisdictions to understand this better….
Grandfathered Septic Systems in PA
In 2013, the Pennsylvania Department of Environmental Protection (DEP) introduced a grandfather clause that allows older homes not to be subject to the changes effected on septic tanks thereafter.
However, there are some caveats that homeowners should be aware of.
For instance, property adjacent to lakes should not have septic tanks.
Additionally, any septic tank that is found to be causing pollution or one that is damaged beyond repair will need to be replaced.
Grandfathered Septic Systems in Missouri
In Missouri, grandfathered septic systems are considered legal and compliant for the most part, but they may be subject to certain restrictions or requirements.
The Missouri Department of Natural Resources (MDNR) is responsible for the regulation of onsite wastewater treatment systems, including septic systems.
However, various state and local agencies may define how certain jurisdictions handle onsite wastewater management.
For instance, if you are in Callaway county, you are not allowed to have a grandfathered septic tank.
Grandfathered Septic Systems in Indiana
In Indiana, the Indiana Department of Environmental Management (IDEM) is responsible for the regulation of onsite wastewater treatment systems, including septic systems.
You can have a grandfathered septic tank in Indiana as long as it working properly.
According to the Indiana State Department of Health (ISDH) Rule 410 IAC 6-8.1 which was passed in 1990, any septic tank that has failed or is failing cannot be grandfathered and will require replacement.
Grandfathered Septic Systems in Vermont
In Vermont, the Vermont Department of Environmental Conservation (DEC) is responsible for the regulation of onsite wastewater treatment systems and homeowners are allowed to have grandfathered systems as long as they are working properly.
Any septic system that fails will need to be checked and/or replaced depending on the severity of the problem.
For instance, wastewater backing up in the house may be fixed and the septic system saved but that will depend on how the inspection goes.
Grandfathered Septic Systems in Texas
The Texas Commission on Environmental Quality (TCEQ) is responsible for the regulation of onsite wastewater treatment systems in Texas.
TCEQ requires every property with a septic tank to have the necessary permits.
However, grandfathered systems are exempt from these permits.
That said, the homeowner is still expected to abide by the laws guiding the proper use and maintenance of onsite waste management systems.
This includes regular pumping and other routine maintenance steps to ensure the system doesn’t fail.
Buying a Property with a Grandfathered Septic System
Before you purchase a house that has a grandfathered septic system, you may want to check with the local regulations to avoid getting a rude shock later.
Here are some important things that you should check:
I. Age of the septic system
Ensure that you understand the local regulations on septic system age.
For instance, some cities have laws against owning a septic system that is more than 20 years old.
In such a case, you will want to understand if they have a grandfather clause that will exempt you from the law or if you will need to install a new system.
II. Inspection
It is important to have the septic system inspected by a professional before purchasing the home.
This will provide information about the condition of the system and any potential issues that may need to be addressed.
In fact, the state of the septic system should be factored into the pricing of the property.
III. Maintenance Records
Ask the current homeowner for any maintenance records they have.
This will give you an idea of how well the septic system has been maintained over the years.
As a rule of thumb, do not accept to purchase any property that has no maintenance records of the grandfathered septic system because it indicates neglect of the system.
IV. Capacity
It is not uncommon for new homeowners to renovate the house and add extra bedrooms while at it.
If you plan on adding new rooms, be sure to consider the size of the septic tank before purchasing it.
That’s because the law stipulates the maximum number of bedrooms a house should have for a given size of a septic tank.
V. Local Regulations
Be aware of any local regulations or zoning laws that may affect the septic system.
Some areas may have stricter regulations for septic systems, and the new homeowner may be required to upgrade or replace the system.
It’s always a good idea to hire a professional inspector to evaluate the septic system and give you a report of its condition. This way, you can have a clear idea of any potential expenses you may have after buying the house.
Closing Thoughts
Worried about buying/moving into a house that has an old septic system?
Well, as we have established, you do not need to be worried.
Just check to ensure the local laws allow you to have a grandfathered septic system and you will be all set.
And once you move in, be sure to continue maintaining the system as required by the law.
If you neglect the system, it will fail and you will have to install a new one which could be quite costly.