§ 34-510. Permit.

(a)

Land disturbance. No person shall begin physical improvement on a lot including clearing, grading or excavation for footings, nor shall any building permit be issued prior to receiving a permit to construct an onsite sewage management system from the board of health. No person shall excavate nor utilize any hole or pit for the purpose of disposing of and burying any type of debris, including site cleared material (logs, stumps, etc.), building materials, etc., on any lot or portion thereof which is proposed for development with an onsite sewage management system or where there is an existing system. Only areas preapproved by the board of health and the appropriate governmental jurisdiction for excavation and use of as a trash or debris pit as indicated on the permit to construct an onsite system shall be allowed as an exception to this article. All swimming pools where individual onsite sewage management systems are existing or proposed shall be approved by the board of health prior to construction.

(b)

Permit. No person shall construct, repair or alter an onsite sewage management system without obtaining a construction permit for such purpose from the board of health. Written approval may be required for all minor repairs prior to work being performed. No permit or written approval for the construction, repair or alteration of an onsite sewage management system shall be granted until the board of health has inspected and approved the site, proposed location and design of the system. A fee shall be charged for this service. No onsite sewage management system which has been constructed, altered, or repaired may be covered totally until it has been inspected and approved by the board of health. The board of health shall require random spot check inspections/excavations in areas covered for construction purposes to ensure compliance with this article. The contractor must have a copy of the valid board of health permit and a responsible representative onsite during the construction inspection. Failure to comply with this article will necessitate rescheduling the inspection and charging an additional fee. Continued disregard of these procedures may jeopardize contractor certification.

(c)

Contractor certificate. No person may install or repair an onsite sewage management system, other than for his own use on property owned by him and that person is deemed qualified by the board of health, unless he possesses a valid contractor's certificate from the board of health. A separate certificate may be required for contractors who plan to install systems for commercial developments. The contractor's certificate may be granted by the board of health to any person whose qualifications are confirmed by examination and supported by appropriate references from other health departments.

(d)

Certificate suspension or revocation. A contractor's certificate may be suspended or revoked by the board of health upon violation of any of the requirements of this article. Suspension and revocation of a contractor's certificate shall be binding on the individual and the company by which he is employed or owns. Suspension of a contractor's certificate shall be for a minimum of one year. Revocation of a contractor's certificate shall be for a minimum of five years. Two suspensions within a five-year period shall be grounds for revocation. A contractor with a suspended or revoked certificate will not be allowed to construct, repair or modify any onsite sewage management system in Fulton County.

(e)

Abandoned installation. No contractor shall abandon an incomplete installation nor delay the completion of an installation.

(f)

No permit guarantee. An owner or agent for the owner may request an onsite review by the board of health of a lot without obtaining a permit to construct the system. A fee shall be charged for this consultation service. An affirmative opinion of a board of health employee or a site visit does not infer nor guarantee the issuance of a permit to construct an onsite sewage management system. Submission of site plans, construction plans, etc., by any individual, owner, consultant, firm, etc., shall not imply nor be construed to imply or infer any approval or preapproval of a site proposed to be developed with an onsite sewage management system.

(g)

No system guarantee. Issuance of a construction permit for an onsite sewage management system, and subsequent approval of same by representatives of the board of health, shall not be construed as a guarantee that such systems will function satisfactorily for a given period of time. Furthermore, said representatives do not, by any action taken in effecting compliance with this article, assume any liability for damages which are caused, or which may be caused, by malfunction of such system.

(h)

Ownership of property and system. No onsite sewage management system permit shall be issued for construction unless fee simple title of all property is under same ownership and exclusively serves the facilities for that development for the owner. Leases and/or easements of contiguous property under another ownership for installation of an onsite sewage management system or reserve area is prohibited.

(Res. of 9-7-88(3), § 30-2-7-5; Ord. No. 18-0340, Att. A, 5-16-18)