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Environmental Health - Use Permit (Home Sales)

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1. Are there any other exceptions to the requirement for obtaining a use permit?

Yes. A dwelling or structure that was first occupied (as determined by the date of the warranty deed transferring ownership from the developer or builder to the original homeowner) less than five years before the closing date does not require a use permit, provided the existing system was not used for a previous dwelling on the site.

2. Aren't most systems already being inspected when properties sell?

Probably, but there isn't any consistently applied inspection criteria. In addition, there are no mandatory requirements for certification of inspectors. Previously, anyone who wanted to call themselves an inspector could do so and use whichever criteria they deemed appropriate to make their inspection.

3. Can I obtain a use permit for a vacant dwelling or structure?

Yes, although it may not provide as accurate a picture of the operational suitability of the septic system. If a property is vacant, that condition will be noted on the permit.

4. Does a use permit inspection include wells or other water sources?

No, the use permit is specifically limited to the on-site wastewater treatment system only. Regulations do not require the inspection of the well or approval of the water quantity or quality. However, the department recommends that the production and capacity of the well and the quality of the water be checked to ensure the well is an adequate and safe source of water. See our Drinking Water Well page for additional information.

5. How can I renew a use permit?

If the sale has closed, there is no need to renew the use permit. However, if the closing will not occur before the use permit expiration date, complete and submit Form 704 for one six-month renewal. This must be done before the use permit expiration date. Subsequent renewals cannot be approved and a new inspection and application will be required.

6. How does the use permit program work?

Before a real estate closing, the property owner (or other responsible party) obtains the services of an approved inspector to perform an inspection of the on-site wastewater treatment system as well as to pump and inspect the septic tank. The health department will then review the inspection and issue the permit.

7. How long are use permits valid?

A use permit is valid until the date of the real estate closing; or six months have elapsed, whichever comes first. Once the real estate transaction has been completed, the use permit does not need to be renewed.

8. How long will it take to issue a use permit?

We ask that the application be submitted no less than 10 working days before the scheduled closing date. We are in the process of developing an online application process that should speed things up considerably.

9. How much does the inspection cost?

The inspectors set their own fees. We estimate it will take about one hour to perform the work (not including the tank pumping). Since all inspectors must use the same forms and criteria, be sure to compare prices.

10. Is there a penalty for not obtaining a use permit?

Failure to obtain a use permit may subject the owner who sold the property to a penalty as assessed under the provisions of Colorado state law. The purchaser is not subject to this penalty.

11. Must repair work be completed before the property is sold?

Not necessarily. If the prospective buyer signs a written agreement (PDF) to repair or upgrade the failing component(s) of the system within 30 days of occupying the structure, the department will waive the requirement for a use permit.

12. Do I need to have a buyer lined up before getting a use permit?

No, you may obtain a use permit before having a purchase contract for the property. Exceptions are those properties with failing systems and properties with outhouses or privies.

13. Once I have the inspection report forms, what is the next step?

In many cases, the inspector will file all of the forms for you. If not, complete Form 700 (PDF) and submit all the inspection reports and the application fee to the department, either in person or by mail. Although septic tank inspection Form 702 (PDF) is good for 12 months, Form 701 (PDF) and Form 703 (PDF) must be filed within 30 days after they are prepared.

14. Are other property transfers or changes in ownership exempt from the use permit requirement?

See our document for transactions that are not subject to use permit requirements (PDF) and for an explanation of the circumstances where use permits are not required.

15. What about structures that have burned or are otherwise uninhabitable at the time of sale?

A use permit is not required for these sales; however, an inspection of the existing system will be required before obtaining permits to rebuild the dwelling or structure in the future.

16. What are the circumstances when a use permit cannot be approved?

Certain systems cannot be approved, including:

• Systems that have an inspection report with a FAIL item marked
• Systems that do not have a septic tank or primary treatment unit (cesspools)
• "Straight pipes" discharging sewage with no treatment
• Systems that are currently under investigation by the department as a reported malfunction

17. What do the inspectors look for?

The inspection covers a number of aspects that relate to both the structural integrity of all systems components, site conditions and operational status of the system. To be approved, an on-site wastewater treatment system must have:

• Some kind of primary treatment unit (septic or aeration tank) in good repair and functional
• Some kind of absorption or evaporation system in good repair and functional (unless the system is a nondischarging vault)
• A maintenance contract or operating permit for any mechanical or Higher Level Treatment systems

18. What does the department do before issuing the use permit?

The Department:

1. Reviews the submitted inspection reports
2. Checks files to determine whether we have information on the size, capacity and components of the system
3. Checks the records to determine whether there are past or current reported operational problems with the system within the previous three years and, if everything is acceptable
4. Issues the permit with the appropriate conditions

19. What forms do the inspectors use?

There are three basic standardized forms:

• Form 701 (PDF) for the general system inspection
• Form 702 (PDF) for the tank pumping and inspection
• Form 703 (PDF) for mechanical systems

20. What happens when the ground is snow covered?

Even under those conditions it should be possible to perform a reasonably thorough inspection; however, the presence of snow cover will be noted on the permit as a limiting inspection condition.

21. What if the inspector makes a mistake and approves a system that should have failed?

Since the written inspection criteria are very specific, that isn't likely; however, if it becomes apparent that an inspector is doing a poor job, the department will report that information to the organization that issued the inspector's credential (or the state licensing board, if the inspector is a professional engineer) for disciplinary action. If the system is failing, the current owner will be required to fix it.

22. What information will you report from the original OWTS installation file?

If available, we will report the original design parameters of the system in terms of number of bedrooms the system was designed for and the total treatment capacity in gallons per day. We will also report the date of installation, permit and file numbers, if any.

23. What is the Department's application fee?

The Board of Health has adopted a nonrefundable fee of $100.

24. What is the difference between pass/fail and yes/no items on these inspection forms?

• Items with pass/fail as possible results are so-called "critical" items. Any item marked fail' would prevent the department from issuing a Use Permit. Therefore, these items must be fixed prior to applying for the use permit.
• The yes/no items relate to more minor concerns - any items marked yes will trigger an information statement that will be included on the use permit, but will not be cause for failing the system.

25. What is the Jefferson County use permit program?

As of January 1, 2004, prior to the sale of a dwelling or structure (including commercial structures) served by an individual sewage disposal system, the owner must have in his possession a use permit issued by the Public Health Department.

26. What must be done with systems that cannot be approved for a use permit?

If the system lacks a septic tank, that component can be added. Otherwise, the system must be repaired or upgraded to meet the current minimum regulatory standards insofar as possible. An engineering report detailing the proposed repair must be submitted along with an application for a repair permit. The department's fee for repair permits is currently $1,023, or $523 for addition or replacement of a septic tank.

27. Who should I contact for additional information on use permits?

Either Linda Jones at 303-271-5756 or Craig Sanders at 303-271-5759 will be happy to answer your questions.

28. Why did the county adopt this use permit program?

The Board of Health was concerned that on-site wastewater treatment systems were not always being properly inspected and that failing or marginal systems were being passed along to unsuspecting buyers; therefore, the requirement for a time-of-sale inspection for on-site wastewater treatment systems was adopted in the July 4, 2003, regulation revision and appears in the current regulation in Section 10.

29. Will a dwelling with a pit-privy or outhouse qualify for a use permit?

Dwellings with pit privies cannot be occupied full-time; however, these dwellings are acceptable for "limited occupancy," which the regulations define as the occupancy of a structure or dwelling as a residence on less than a full-time, year round basis, i.e. no more than 90 consecutive days or a total occupancy of 120 days per year. To sell such a dwelling, a Limited Occupancy Use Permit can be issued after a prospective purchaser has been identified, and that purchaser signs an agreement acknowledging and agreeing to the above occupancy restrictions. This will allow the transfers of weekend, hunting and fishing cabins, etc., even though they are served by privies. The agreement authorizing Limited Occupancy will be recorded with the Jefferson County Recorder and will appear in any subsequent title search.

30. Will the system need to be updated if the original permit was for a 3-bedroom house that is now listed as a 5-bedroom?

No. The department will only report the information we have in the file. Of course, it would be best if the house, as advertised, matched the On-site Wastewater Treatment System (OWTS) as installed. Ultimately, the buyer and seller will have the opportunity to decide what, if any, changes need to be made.