AN ACT RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CESSPOOL ACT OF 2007 (Provides that a certificate be provided for every contract for the purchase and sale of real estate certifying that the property has a functioning on-site wastewater treatment system or a sewer connection and not a cesspool.)

H7635

2026 -- H 7635
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LC004817
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CESSPOOL ACT OF
2007

Introduced By:
Representatives McGaw, Carson, Tanzi, Fogarty, Handy, Craven, and
Shanley

Date Introduced:
February 11, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 23-19.15-12 of the General Laws in Chapter 23-19.15 entitled "The
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Rhode Island Cesspool Act of 2007" is hereby amended to read as follows:
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23-19.15-12. Cesspool removal and replacement requirements at property transfer.
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(a) Any cesspool found to be serving a building or use subject to sale or transfer shall be
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removed and replaced with an OWTS or the building served by the cesspool shall be connected to
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a public sewer system
within twelve (12) months of the date of sale or transfer

pursuant to
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subsection (d) of this section
.
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(b) Should the manner of wastewater disposal be unknown, an inspection shall be
9
conducted to determine if a cesspool is present on the property. This inspection shall be done by a
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system inspector prior to the time of sale or transfer.
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(c) Pursuant to § 5-20.8-13, every contract for the purchase and sale of real estate that is or
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may be served by a private cesspool shall provide that potential purchasers be permitted a ten-day
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(10) period, unless the parties mutually agree upon a different period of time, to conduct an
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inspection of the property’s onsite sewage system in accordance with procedures required by the
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department in § 23-19.15-5(a), before becoming obligated under the contract to purchase.
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(d) Effective for real estate transactions executed on or after January 1, 2027, and
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notwithstanding any other provision of law to the contrary, no transfer of title to any residential or
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commercial real property served by an on-site wastewater treatment system or cesspool shall be

1
completed unless, within two (2) years prior to the date of closing, the owner has obtained a written
2
inspection and certification of the property's wastewater disposal system from an inspector
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approved by the department. Real estate closings executed prior to January of 2027 shall have
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twelve (12) months from the date of transfer to replace any failing septic system or cesspool.
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(e) For any property not serviced by a public sewer system the inspector shall submit a
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certification, in a form prescribed by the department, stating one of the following:
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(1) That the property is served by an on-site wastewater treatment system that is
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functioning and in compliance with department rules and regulations; or
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(2) That the property is served in whole or in part by a cesspool.
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(f) If the certification states that the property is served by a cesspool, no transfer of title
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shall occur unless and until the cesspool has been properly abandoned and replaced with an
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approved on-site wastewater treatment system or the property has been connected to a public sewer
13
system in accordance with department regulations.
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(g) A certification issued pursuant to this section shall be valid for a period of two (2) years
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from the date of inspection; provided that, no material alteration system failure, or change in use
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affecting system capacity has occurred since the inspection date.
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(h) The inspection report and certification shall be provided to the department within ten
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(10) business days of completion of the inspection.
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(i) If the seller is represented by a licensed real estate broker or salesperson, that licensee
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shall ensure that the inspection report and certification have been transmitted to the department
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prior to or contemporaneously with closing. Failure to transmit the report shall constitute grounds
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for administrative referral to the department of business regulation.
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(j) No closing attorney, settlement agent, or title company shall record or cause to be
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recorded any deed subject to this chapter unless the certification required by this section is present
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in the closing file.
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(k) The department is authorized to promulgate rules and regulations necessary to
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implement the provisions of this section, including inspector qualifications, certification forms, and
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electronic filing procedures.
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SECTION 3. Section 5-20.8-13 of the General Laws in Chapter 5-20.8 entitled "Real Estate
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Sales Disclosures" is hereby amended to read as follows:
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5-20.8-13. Cesspool inspection requirement.
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(a) Every contract for the purchase and sale of real estate that is or may be served by a
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private cesspool, shall provide that potential purchasers be permitted a ten-day (10) period, unless
34
the parties mutually agree upon a different period of time, to conduct an inspection of a property’s

LC004817 - Page 2 of 4
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on-site sewage system, before becoming obligated under the contract to purchase, to determine if
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a cesspool exists, and if so, whether it will be subject to the phase-out requirements as established
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in chapter 19.15 of title 23.
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(b) Failure to include the provision required in subsection (a) in the purchase and sale
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agreement for real estate does not create any defect in title.
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(c) Failure to provide the results of any previous inspection of a cesspool servicing the
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property does not create any defect in title.
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(d) Failure to include the purchase and sale agreement provision required in subsection (a)
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or failure to provide previous inspection results of a cesspool servicing the property entitles the
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purchaser to void the purchase and sale agreement by providing notice in writing to the seller prior
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to the transfer of the title at closing.
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(e) Wastewater disposal system certification requirement.
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(1) Effective January 1, 2027, every contract for the purchase and sale of real property shall
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include, as an attachment or incorporated exhibit, a valid wastewater disposal system certification
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issued pursuant to § 23-19.15-12.
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(2) No contract for the purchase and sale of real property served by an on-site wastewater
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treatment system or cesspool shall be enforceable unless the certification required by this
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subsection is provided to the purchaser prior to or contemporaneously with execution of the
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purchase and sale agreement.
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(3) The certification shall be deemed valid if issued within two (2) years prior to the date
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of contract execution, provided no material change in system condition has occurred.
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(4) Failure to include the certification required by this subsection shall constitute a material
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nondisclosure under this chapter.
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(5) The department of environmental management, in coordination with the department of
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business regulation, may adopt any forms or procedures necessary to implement this subsection.
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SECTION 4. This act shall take effect upon passage and shall apply to contracts executed
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on or after January 1, 2027.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CESSPOOL ACT OF
2007
***
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This act would provide that a certificate be provided for every contract for the purchase
2
and sale of real estate certifying that the property has a functioning on-site wastewater treatment
3
system or a sewer connection and not a cesspool.
4
This act would take effect upon passage and would apply to contracts executed on or after
5
January 1, 2027.
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