Ordinance No. 4-3-3.1
AN ORDINANCE AMENDING MORGAN COUNTY HEALTH DEPARTMENT ORDINANCE
1979-4 (4-3-3)
The
WHEREAS, The County Commissioners for Morgan County, Indiana, and the Board of Health for Morgan County, Indiana, have determined that land owners of Morgan County, Indiana, have sustained damage to property, financial loss and the creation of health hazards on their property as a result of the improper installation of sewage disposal systems; and,
WHEREAS, said Commissioners and said Board of Health, in an attempt to eliminate incidents of improper installation of sewage disposal systems, believe it to be in the best interest of the citizens of Morgan County, Indiana, to regulate the installation of said systems;
WHEREAS, on April 22, 2004 the Board of Health approved amendments to Morgan County Ordinance No. 4-3-3, Health Department Ordinance 1949-4, the Morgan County “Environmental Health Services Residential Sewage Disposal Systems” Ordinance; and,
WHEREAS, said Commissioners desire that such regulations be enforced by the Morgan County Board of Health and that the amendments approved by the Board of Health be enacted into ordinance.
NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners
of Morgan County, Indiana, that the Morgan County Health Department Ordinance
1979-4, the
1. The Septic
Ordinance should be amended by deleting the following language indicated by strikethrough
text and inserting the following language indicated by underline text,
as follows:
A. The introductory paragraph, entitled “ADMINISTRATIVE PROCEDURES” shall be amended and modified to read as follows:
“In accordance with IC 16-1-4-2
and IC 16-1-7-25 I.C. 16-20-1-19 and pursuant to 410 IAC 6-8.1-30
I.C. 16-20-1-25, the Morgan County Board of Health and the Morgan County
Health Department adopts the following procedures:”
B. Section D(1), entitled “’BEDROOM’ DEFINED” shall be amended and modified to read as follows:
(1)
“BEDROOM” DEFINED (410 IAC 6-8.1-52, 53, 54, 55, 56) As used in this
rule, the Morgan County Health Department shall define a bedroom as any room
which may be advertised or implied, reasonably perceived or potentially easily
converted to a bedroom. Such rooms may
include a closet, may be adjoined to a hallway or location in close proximity
to other bedrooms, may be equal to or approximate to size of other bedrooms,
and may be adjoined with, or adjacent to and a bathroom. Such rooms should contain an area approved
for egress or rescue. Such window or
door is required to have a minimum net clear opening of 5.7 square feet. Sill height shall not be more than 44 inches
from the floor with a minimum net clear opening height of 22 inches and minimum
width of 20 inches.
C. Section D(3), entitled “’TRENCH DEPTH’ DEFINED”, shall be stricken and deleted, in its entirety, from the Ordinance.
D. Section (E), entitled “REGISTRATION OF APPROVED INSTALLERS”, shall be stricken and deleted, in its entirety, from the Ordinance and replaced as follows:
(E) REGISTRATION OF APPROVED INSTALLERS
Pursuant to 410 IAC 6-8.1 and effective immediately, Morgan County Health Department requires that all residential sewage disposal systems must be installed by persons and/or firms that have been registered as approved installers as outlined by the following procedures.
(1) No
person shall construct, install, replace or repair any part of any on-site
sewage disposal system in
(2) In order to become registered, an individual must:
(a) file an Application for Registration accompanied by the registration fee;
(b) demonstrate knowledge of the applicable state and county laws, rules, and regulations pertaining to sewage disposal systems, by passing a proficiency examination conducted by the County Health Department.
(3) A registration issued hereunder shall be valid for a term of two years, expiring on its anniversary date. The registration shall bear the name and address of the registered installer and the expiration date and shall not be transferable. Any registration that is not renewed within two years of the expiration date shall be considered void and the installer must re-apply for registration.
(4) The installer shall maintain in his possession a copy of the registration at all times when installing on-site soil absorption systems.
(5) A Registered Installer shall be on the site at all times during construction, and shall be deemed responsible for the installation. A Registered Installer may supervise other construction workers as necessary to assist in the installation.
(6) A registration fee shall be paid to the Morgan County Board of Health, as established and set in accordance with the Morgan County Board of Health Fee Ordinance.
2. That in all other aspects, other than as amended and modified by the Board of Commissioners, the Septic ordinance shall remain in full force and effect.
3. That this Amendment shall take effect upon publication, as by law provided.
ALL OF WHICH IS HEREBY APPROVED AND ORDAINED THIS 15TH DAY OF NOVEMBER, 2004.
ATTEST: BOARD OF COMMISSIONERS OF
Mae Cooper
Norman Voyles, Commissioner
Jeff Quyle, Commissioner
Brian Goss, Commissioner