Position Statement
Pursuant To: Session Law 2017-10 (Senate Bill 131), G.S. 87-97
Source: Nancy Deal, Onsite Water Protection Branch Head
Issue: Environmental Health responsibilities
Background and Discussion: On May 4, 2017, Governor Cooper signed Senate Bill 131 (now Session Law 2017-10) that became effective on that date. Section 1.3 (pp. 2 - 4) of this law states that the Local Health Department (LHD) is the exclusive authority for permitting of Private Drinking Water Wells and corresponding well systems. For purposes of this law, a well system is defined in G.S. 143-138(b17)(2) as including the well, the pressure tank, the pressure switch, and all plumbing and electrical equipment in the well and between the well, pressure tank, and pressure switch. As was previously established (SL 2016-113), the local health department shall be responsible for notifying the local Building Inspections office of the issuance of a well permit. The well permit constitutes authorization for the installation of electrical wiring from the pressure switch to the pump and installation of water piping from the well to the pressure tank when installed by a Certified Well Contractor (CWC).
Although the LHD is the exclusive permitting authority for wells and well systems, the responsibility for well system plumbing and/or electrical inspection(s) still reside with the local Building Inspections office since they have the necessary expertise and training. The Law states that Building Inspections may request to inspect the plumbing and/or electrical components of the well system. If their inspection occurs after the LHD has completed and approved the well head inspection, the Building Inspections office shall be responsible for the additional costs of a plumbing and electrical inspection, any related activities necessary for those inspections (e.g., uncovering of the trench), and any damage associated with those inspections.
Conclusion: Local Environmental Health offices shall notify the appropriate Building Inspections office once a well construction permit has been issued. The well permit constitutes authorization for installation of the well system, including plumbing and electrical components. However, Environmental Health Specialists shall not inspect plumbing and electrical components since they fall outside of the authorized agent’s scope.
Because of the variation among counties in the logistics of permitting and inspections, we urge clear and regular communication among all parties (Environmental Health, Building Inspections, and Certified Well Contractors). Establishing clear procedures will enable implementation of the Session Law and facilitate establishment of properly constructed, plumbed and wired wells and well systems. This will provide the best possible service to the regulated community and citizens of the state.
Please contact me or your Regional Specialist if you have further questions regarding implementation of this law.
References:
Session Law 2017-10 (Senate Bill 131)
G.S. 87-97