(a) Notwithstanding any provision of the law to the contrary, no county government official may require a homeowner or the department to conduct any excavation of a pre-existing subsurface sewage disposal system prior to issuing any county permit or license for rebuilding, remodeling, or otherwise altering any house or establishment, mobile or permanent, utilizing such system; provided, however, that:

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Terms Used In Tennessee Code 68-221-418

  • Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) If the county permit is issued, the altered house or establishment utilizing the pre-existing subsurface sewage disposal system will be owned by the same owner or:

(A) An ancestor of such owner;
(B) The spouse or former spouse of such owner;
(C) A lineal descendent of such owner, of such owner’s spouse or former spouse, or of a parent of such owner; or
(D) The spouse of any lineal descendent of such owner described in subdivision (a)(1)(C) of this section; who utilized the subsurface sewage disposal system prior to rebuilding, remodeling or otherwise altering such house or establishment;
(2) The owner, or person described in subdivisions (a)(1)(A)-(D) of this section, has no actual knowledge of any defect with the subsurface sewage disposal system or any failure of such system;
(3) The pre-existing subsurface sewage disposal system is not constructed, altered, extended or repaired in any manner other than being connected to the rebuilt, remodeled or otherwise altered house or establishment;
(4) The rebuilding, remodeling, or other alteration of the house or establishment is not in connection with a sale of the property; and
(5) The property owner who applied and obtained the permit or license signs a sworn statement certifying compliance with this section.
(b) Prior to sale of such altered or improved house or establishment, the owner shall disclose such improvements utilizing the pre-existing subsurface sewage disposal system on the residential property disclosure statement required pursuant to § 66-5-210.
(c) Any county that enters into an agreement with the commissioner of environment and conservation pursuant to § 68-221-403, upon the majority vote of such county’s governing body and written notification of such vote to the department, shall be exempt from this section.
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