About Articles printed by the Stow Paper   Title 5 is the Commonwealth of Massachusetts’ environmental code governing septic systems. Title 5 is designed to protect you and your neighbors from the public health threats caused by septic systems that do not function properly.  On-site sewage and cesspools systems that are not properly sited or maintained contribute pathogens and nutrients to groundwater and surface water that endanger drinking water supplies, surface water bodies, and shellfish beds.  Over 30% of homes in Massachusetts use on-site wastewater systems. Since the regulations were first written, they have been revised to encourage compliance with the regulations and to minimize financial hardships and delays for homeowners.   Title 5 has also been modified to increase the allowable percolation rate for on-site disposal systems from 30 to 60 minutes per inch.   The Department of Environmental Protection, local Boards of Health, and system owners all share in the responsibility for the proper siting, construction, upgrade, and maintenance of on-site systems.  The local Boards of Health are the primary regulatory authorities for Title 5. On-Site Waste Water Disposal Systems On-site waste water disposal systems include conventional septic systems, cesspools and alternative systems.  They are individual systems that treat small wastewater flows, usually under 10,000 gallons per day.  Homes that are not connected to a sewer system use major septic systems or cesspools both of which are regulated by the State Department of Environmental Protection (DEP) and the local boards of health.     Cesspools: A cesspool has a pipe carrying waste from the home to a pit.  The pit acts as both a settling chamber for solids and a leaching system for liquids.  The use of cesspools may overload the capacity of the soil to remove bacteria, viruses, and phosphorous, and to nitrify ammonia and organic nitrogen compounds.  Title 5 does not require that cesspools be replaced, only those that fail, are very close to private or public water supplies or pose a threat to public health.     Septic Systems: A conventional on-site septic system has an on-site tank where solids can settle and begin to degrade, a distribution box, and a soil absorption system (SAS) that further treats the effluent by removing some of the bacteria, viruses, phosphorous, and nitrogen. These components are connected together by pipes, called conveyance lines.    Tight Tanks: Tight tanks are similar to on-site tanks, except that they have no outlet and must be pumped out at regular intervals.  While Title 5 discourages the use of tight tanks, they are allowed in some situations where there is no other feasible alternative. Title 5 Inspectors Only DEP approved soil evaluators and system inspectors can perform the required system inspections and soil tests.   A list of approved inspectors is available from your local Board of Health.  Certified health officers, registered sanitarians, and professional engineers qualify automatically and therefore may not be on the list.  Title 5 inspectors are not required to carry liability insurance. Inspections The inspection should be done in the least intrusive manner possible.  Cesspools must be pumped out and examined.  A septic tank may be pumped but it is not required.  The leach field is usually not dug up. If a system passes, the inspector is required to submit an approved system inspection form to the local Board of Health within 30 days. If the system fails a required inspection, the inspector is required to submit the form to the local Board of Health within 30 days.  The system must be repaired or upgraded within 2 years following the inspection, regardless of whether the property is sold.  There are, however, certain circumstances where the DEP or the Local Board of Health may approve a longer schedule in order to achieve maximum feasible compliance with Title 5. If the defect to the system is minor, a “conditional pass” may be issued whereby once the defect is repaired or replaced with local Board of Health approve, the system passes inspection. For most property transfers, the inspection must occur within two years prior to the time of transfer.  There are some exceptions to this requirement such as if inclement weather conditions prevent inspection at the time of the transfer.  If the system has been pumped annually since its inspection and the pumping records are available, the inspection is valid for three years. Compliance Whenever feasible, a failed system must be upgraded to full compliance with Title 5.  If this is not possible, you generally have to apply to the local Board of Health for a variance. Buying or Selling Property with an On-Site System Title 5 requires inspections of septic systems and cesspools before a home is sold or enlarged.   Title 5 requires that systems be inspected when property is sold to new owners or there otherwise is a transfer of title to new owners.  The homeowner must provide a copy of the inspection to the buyer. A system does not have to be inspected if the transfer is residential real property and is between (a.) current spouses, (b). between parents and their children, between full siblings, and where the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least one of the designated beneficiaries is of the first degree of relationship to the grantor.  Other situations include refinancing a mortgage or similar financial instrument, taking of a security interest in a property, appointment or change in guardian, trustee. Responsibility for Title 5 Test The property owner is generally responsible for obtaining an inspection.  An inspection must be conducted by a DEP approved System Inspector.  In most cases the inspection report is submitted to the local Board of Health. Title 5 requires that a copy of the inspection report be provided to the buyer or other person acquiring title to the property serviced by the system.  The inspection is not a guarantee that the system will continue to function adequately and is not a guarantee that the system will not fail at a later date. There are special inspection requirements for condominiums.  The condominium association is responsible for the inspection, maintenance, and upgrade of the system(s) serving the units, unless the governing documents of the association provide otherwise.  Condominium units must be inspected once every three years.  If there are four or fewer units, they must be inspected every three years or within two years prior to the sale of one of the units. Costs The price of an inspection is typically between $300 - $500.  While the owner of the property is responsible for compliance, the seller, buyer, and mortgage lender may decide who will pay for the cost of the repair or upgrade, which can be negotiated as part of the sales agreement. The cost for repairs or upgrades depends on the nature of the problem, location and size of the system, site restrictions and soil conditions.  A simple repair may cost $500 and upgrades may cost over $12,000. Resources Department of Environmental Protection (DEP) Title 5 Hotline 800-266-1122 or 617-292-5886  or www.mass.gov/dep/ Local Board of Health National Small Flows Clearinghouse 800-624-8301 Wet Basements and Crawl Spaces As many as seven out of ten homes in New England have a problem with water in their basement or crawl space. This brochure is designed to educate homeowners and home buyers about the various types of water problems, their causes and cures. The impact of excessive basement or crawl space moisture in a home is wide-ranging, from severe, long term problems such as dry rot in the major structure to less serious problems like mildew, peeling paint, warped paneling and generally unusable space. WHAT YOU NEED TO KNOW The first thing to understand is that there are no truly waterproof houses. Any house will leak given the proper conditions, but uncovering signs of past leakage can be challenging. Every leaky basement or crawl space is a unique problem and must be studied individually to determine possible causes and corrective measures. In general, all water problems can be traced to one of three causes: Leakage of water through walls and cracks Seepage of moisture from the exterior walls to the interior Condensation of atmospheric moisture on interior walls LEAKAGE The most serious is number one – leakage, because this can involve a substantial amount of water. It is normally very obvious and occurs during a heavy rainfall or when snow is melting. An excessive amount of water builds up in the soil around the foundation walls, forcing its way through cracks or other defects in poured concrete walls - such as small holes around form wires or hrough mortar joints in concrete block walls. Leakage occurs in homes built on sites that have high ground water level, dense clay or other subterranean conditions that inhibit adequate drainage of water away from the foundation. Leakage may occur in any soil type, but is more likely in areas near marshes or hills. If the area around the foundation has been improperly backfilled or graded, the situation can be even worse. During extremely wet periods, considerable flooding may result. Note: if you are considering buying a home, you can identify areas with a high water table or impervious soils by contacting the local soil conservation service or the state department of agriculture. SEEPAGE Cause number two, seepage of moisture from the exterior walls, is similar to leakage but usually is not as serious. It is evidenced by large areas of dampness on the foundation walls, rather than by water leaking through a particular spot. It will normally be greatest at the base of the wall. Active leakage or seepage is caused by excessive water pressure that builds up on the outside of the basement walls when the soil around the foundation becomes saturated. The lack of positive grade (ground level running away from the foundation) or the accumulation of rainwater around the foundation or in window/vent wells will also contribute to the problem. The seepage problem may be compounded by porous masonry walls, deteriorated joints, or cracks that allow easy entry of water into the basement or crawl space. CONDENSATION Problem number three, condensation, can look a lot like seepage, but here moisture comes from air inside the basement or crawl space, not from an outside source – though seepage can be a contributing factor to a condensation problem. During warm, humid weather, the moisture in the warm air inside the basement changes to a liquid state when it comes into contact with the cool masonry walls, which then seem to “sweat.” It can also happen during colder months when warm air is discharged by a clothes dryer or similar appliance. Moisture from this air condenses on the cooler walls in the form of droplets, which may be mistaken for seepage from outside. Condensation is the most easily corrected moisture problem in basements or crawl spaces. The most important aspect of dealing with a condensation problem is adequate ventilation. In cool dry weather, keep the basement windows open whenever possible. On hot, humid days, keep them closed. In crawl spaces, make sure there is adequate cross ventilation to keep the area dry. In some cases you may wish to consider installing temperature control vents that are designed to open and close automatically according to the outside          temperature. These vents have a spring that opens the vents gradually starting at 40 degrees until they are completely open at 70 degrees. In addition, every crawl space should have a good vapor barrier on the ground in order to keep moisture in the ground and not on the structural members. Another source of condensation moisture is air-conditioning duct work. During warm weather a tremendous amount of moisture forms on these ducts in basements and crawl spaces and contributes to the overall moisture problem. To correct this, the homeowner should wrap these ducts with insulation to keep the warm air from the cold metal. Finally, the homeowners may wish to install a dehumidifier that will help maintain a constant humidity at all times to control the condensation. WHAT TO DO ABOUT IT Correcting seepage and leakage can range from fairly inexpensive in price to very expensive, depending on the cause. The homeowner should begin with the least expensive corrections and move to the more expensive corrections only if the problem persists. The possible corrections are: Install, extend, or repair gutters and downspouts. Ninety percent of all seepage and leakage problems are caused by faulty gutters and downspouts. If the gutters and downspouts are not functioning properly, they will allow huge amounts of water to pour next to the foundation. We recommend that the homeowner extend downspouts a minimum of five feet from the foundation using black corrugated extension pipes that are available at most home improvement stores. If needed, install clear plastic window vent well covers to keep water from leaking through these areas. Check adjacent driveways, walkways, patios, etc., to be sure there is positive drainage away from the house. If seepage is occurring through the concrete block walls, test two coats of waterproofing paint or compound on a basement wall problem area. If the test is successful after several weeks of trial, cover the entire problem area. If seepage or leakage is occurring through holes or cracks larger than 1/8 inch, these holes must be cleaned out and patched. For small cracks or holes, simply wire brush the blemish and fill completely (do not leave air pockets) with hydraulic cement or silicon masonry caulking that is designed for use on masonry materials. For larger cracks or holes with considerable seepage, a dovetail groove (wider inside the material than at the surface) must be chiseled out before patching. FOR MORE EXTENSIVE PROBLEMS More extensive leakage solutions, which can be expensive and time consuming, are as follows: Install a “weep pipe” baseboard and sump pump system for moderately severe situations caused by a high water table. Use a combination of drain tiles installed under the floor at the perimeter of the interior foundation wall with weep pipes, and then install a sump pit. To install this type of system, the floor must be broken up and then repaired appropriately. Excavation of the exterior foundation may be necessary in extremely severe situations in order to seal the exterior foundation wall with a continuous waterproof membrane as well as to install exterior drain tiles to a dry well or drainage area. The homeowner should also consider insulating the exterior of the foundation wall before backfilling. If this does not correct the problem, the floor may need to be jack hammered and re-poured over a continuous waterproof membrane. The winter and mid-summer months are the best times to track down and solve minor leaks. With this in mind, arm yourself with a piece of chalk to mark wet areas during spring and fall rains for future repair. If you have water in your basement, you’re not alone and there are solutions. Peter Ottowitz, Advance Look Home Inspection; 978-897-7130