Septic System Ordinances

AKA: Point of Sale (POS), Time of Sale/Transfer (TOST), Mandatory septic inspection or pumping

Michigan is the only state without a statewide sanitary code…meaning it is left up to counties or townships to set standards. In Michigan, the public health code charges local health departments with developing and implementing codes regarding water wells and septic systems. Local communities around the state are beginning to pass Time of Sale/Transfer (TOST) septic ordinances (also called Point of Sale, or POS). Time of Sale/Transfer ordinances which require local inspection of well and septic systems prior to the sale of a property.

These are designed to identify well and septic systems that are no longer functioning as designed (or were installed without regard to the code) and then require corrective action if necessary. Older systems, which may not meet current codes, are typically grandfathered in as long as they are still functioning. However, if a system is determined to be failing then repair or replacement is required. There are other policy options that can be considered as well such as a mandatory inspection or a mandatory pumping ordinance.

Additional References

Additional Ordinance Examples