Time of Sale Program (TOS)

(Regulation requiring the inspection of onsite well and septic systems before a home can be sold.)

• List of TOS Certified Inspectors
• Certified TOS Inspector Qualifications
• Certified TOS Inspector Application
• TOS Inspection Ratings
• TOS Regulation
• TOS Fee Schedule
• TOS Inspection Report (Note to TOS Inspectors: This is an Adobe Acrobat "smart form". You can type information into the form, then print it out and mail it to our office. However, you will not be able to save an electronic copy of anything you type on the form, so please keep a paper copy of the completed report for your records.)
• TOS Program Brochure
• TOS Escrow Agreement
• EPA Model Ordinances to Protect Local Resources

Frequently Asked Questions

What does this regulation require?

• The inspection and evaluation of septic systems and/or wells before residential property changes ownership.
• Inspections to be performed by private sector inspectors who are certified by the County. (NOTE: Inspection fees are set by individual inspectors.)
• Inspection reports to be filed with the Department of Planning & Environment. These reports include:
• • a description of the water supply and septic system construction
  • a summary of functional status
  • recommendations
• The County to generate a written notice either authorizing the transfer of property or requiring corrections. Authorization must be issued before the deed can be transferred.
• Corrective action plans to be submitted within 30 days in cases of non-conformance.
• All necessary corrections to be completed within 180 days.

Why do we need this program?

• Nearly half of the septic systems in the county have reached their service life expectancy, and studies show that drinking water quality and availability are decreasing. Inspections over the first 18 months of the program revealed:
• • 18% of the septic systems inspected were failing or inadequate.
  • One out of every 18 septic systems (5.5%) had an illicit discharge.
  • 15% of the wells inspected did not have adequate protection against contaminants.
  • One out of every 7 wells tested (14%) showed chemical or bacterial contamination.

What does this mean to homeowners who want to sell their property?

• Homes with municipal sewer and water are not affected. Only homes serviced by an onsite well and/or septic system must be inspected. Homeowners are advised to contact a certified inspector as soon as possible before selling a home. This allows necessary repairs to be completed and prevents delays due to inspector or contractor scheduling. Approvals are valid for one year.

Must all systems be brought up to current standards?

• No. The regulation clearly states that it is not intended to bring all systems up to current construction standards. Only those that are failing or in substantial non-conformance require corrective action. The Department of Planning & Environment considers repairs under the concept of “maximum feasible compliance” for inadequate systems that cannot be brought into compliance, which means finding a solution that brings a system as close to current codes as site conditions will allow. Use of alternative sewage disposal technologies is encouraged on these sites. Property owners have the option of appealing the Department’s decisions to the Health Code Board of Appeals/Public Health Advisory Committee.

Are there any exceptions to this regulation?

• Property transfers that are exempt from inspections include:

Does this program delay home sales?

• The program requires the Department of Planning & Environment to complete the inspection report review in 5 business days or less. This does not delay closings when the inspections are done in a timely manner. Some sales are delayed when the inspection is done after an offer is tendered. This is particularly true if corrections are necessary. Since inspection results are good for 12 months, homeowners are encouraged to start the process when listing the home.

How can I sell a house before repairs are completed?

• The Department of Planning & Environment will approve the property transfer if the following is submitted to and approved by the Department:
• • Corrective action plan (which may be a permit to replace an existing system)
  • Proof of a contract to complete the work
  • Evidence of an escrow account that covers 1.5 times the cost of the required repairs
  • Appropriate fee paid to obtain authorization

How are these inspections accomplished?

• Homeowners hire Washtenaw County certified private inspectors to conduct these inspections. To become certified, inspectors must demonstrate competency based on training and testing. A standardized inspection procedure is used and reports are submitted on a standardized form.

What does this program cost?

• The actual inspection prices are market-driven, and private inspectors set their own rates. The County does not regulate these rates and does not receive any portion of the inspection fees. The County does charge a fee to cover processing costs. This fee schedule is available on the website. Note that many inspectors include the County’s fee in their pricing schedule, so be sure to ask your inspector for details.

When can I expect the results?

• The Department of Planning & Environment is committed to processing all submittals in a fair and timely manner. Reports will be reviewed in the order they are received. The County will send the owner a letter to authorize the sale or identify necessary correction in no more than 5 business days of receiving a complete report. If a report is incomplete or cannot be interpreted, the inspector will be contacted for clarification and asked to submit a complete report.

For more information, please contact:

• Your Area Sanitarian (based on your Township)
• Department of Planning & Environment (734) 222-3800

 page updated 7/11/07