**Mark Raumikaitis**](https://www.nachi.org/forum/users/mraumikaitis/)
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Certified Master Inspector
Join Date: Jan 2011
Location: Candia, NH
Posts: 755
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Re: Septic Outflow Chlorinator
Lawrence, I don’t know where you inspect but in NH there is no way that is acceptable. Do you really want to “pass” such a system. Wouldn’t it be better to describe exactly what it is… “non conforming”. (I hate the word “grand fathered” as well.) State it does not meet any current standards and that you make zero representations about its future performance or acceptance. Let the buyer decide if he/she wants to accept responsibility for that PIG of a system. What if the municipal government passes an ordinance next week saying all such systems must be replaced no later than 180 days from now…your clients will be on the hook and they will most likely be looking at someone to be pissed at…that would be YOU because you “passed” it. Your disclaimers and other language may slow down the lawyers but you will still be fighting a claim. The system is a piece of garbage…why take any responsibility for it.
Mark Raumikaitis, CMI, NH Lic #133
HomeCheck Professional Home Inspections LLC
Derry, NH
603-432-3211
Inspecting New Hampshire and Southern Maine
http://homecheckhomeinspections.com/
“Always think long term, do not be influenced by short term thinking or rewards.”
**lames**](https://www.nachi.org/forum/users/lames/)
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Certified Professional Inspector (CPI)
Join Date: Jun 2016
Posts: 79
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Re: Septic Outflow Chlorinator
Thanks for your comments. i am trying to parse this delicate situation and appreciate the insight of others. These were not my inspections, but those of another inspector who is my friend. i wish to prepare for the possibility that i run into the same. My current “pass with provisos” bent is based on the following considerations:
- The system was approved by the local government when it was installed and modified
- The system is operating as designed and approved with no discharge of untreated wastes
3.The system is a grand-fathered non-conforming system and that status will pass to the new owner and it will not be required to be upgraded until such time as it fails and backs up or discharges untreated wastes.
- The threat to the client is the cost of replacement should any part fail and that would be clearly stated in the test report provisos.
- “Failing” the system i feel would be unfair to the current Owner as the system is currently operational as designed and accepted by the local municipality. i expect the highest likelihood of legal action would be as a result of suit by the Seller for failing the system.
Also, my form of test report is “pass/fail” and i feel i have to pick one and not be on the fence. It also “make(s) zero representations about its future performance or acceptance”.
i am moving your comments and my reply to the Ancillary Inspection Services](https://www.nachi.org/forum/f21/) area of the forum.
Thanks again!
*Last edited by lames; 2/10/17 at 1:03 PM… *
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