1. Missoula Organization of REALTORS®
Re-imagining Home and Community
1610 South 3rd Street West, Suite 201
Missoula, MT 59801
P: 406.728.0560
MEMORANDUM
TO: Missoula Organization of REALTORS Members
FROM: Austin M. James, Public Affairs Director
SUBJECT: Septic Issues
DATE: 09/14/2012
Several members have expressed concerns regarding the many non-conforming homes
created through the bedroom interpretation for septic, and frustration with uncertainty of
intervention by the Missoula City-County Health Department.
On Friday, September 14, 2012, members of The Missoula Organization of REALTORS
Government Affairs Committee met with Deputy Missoula County Attorney Martha E.
McClain to discuss current septic issue regulatory interpretation and enforcement, as well
as the timeframe and process of updating and amending the Missoula Health Code. The
meeting identified several new factors that members should consider:
1. The current Missoula City-County Health Department interpretation of regulation
contests that all current septic systems approved previously by the Missoula City-
County Health Department located on non-conforming dwellings maintain approval
until failure of the septic system, sewage on the ground, or structural alteration, unless
a pertinent circumstance of facts exist that is keenly within the scope of the Missoula
City-County Health Department responsibilities.
2. Intervention, or mandated system upgrade, change, or entire replacement is notified
by an official Missoula County Health Department letter stating specific necessary
alterations and timeframe. All oral, electronic, or additional means of
communication beyond official Missoula City-County Health Department letterhead
are considered suggestions, are not to be considered mandatory, and are provided to
serve the purpose of liability protection, and prevention from future liability.
3. The meeting identified the mutual difficulty between Realtors and the Health
Department in the area of what constitutes as “pertinent circumstance of facts”
forcing the Health Department to maintain as “case-by-case” line of action and
Realtors seeing it as an unlimited risk making the property not even worth taking
up. As an outcome, I will be meeting again with Ms. McClain this week to review
data, track consistencies, and identify what can be deemed as general intervention.
The analogy I used during the meeting with Ms. Mcclain to provide an example is
that in America we have free speech, but you cannot yell ‘fire‘ in a public place of
peace. Some certain circumstance might exist such as the individual seeing a spark,
etc., but while free speech is seen as a “case-by-case” basis a general “rule of the
game” gives members of society an expected certainty of law--the same should be
said for regulations regarding septic.

2. 4. Ms. McClain said that the Health Department agreed some of the Health Code, in its
entirety rather than each specific piece is necessary. The Health Board has found
that updating the code is best achieved by one author putting together proposal
ideas and having the committee work on the initial draft rather than create it from
scratch. This process is expected to take a month, from the point the draft is
complete. At that point, the public will be notified and public hearings will be
conducted. After about three months of public input, the Health Board will then
meet again to factor comments and produce and implemented draft. Missoula
Organization of REALTORS members will be highly encouraged to be active
participants during the entire process.
Knowing that the amendment process to current Health Code will not occur over night, and
that not set start date has yet to be determined, the Missoula Organization of REALTORS
will actively seek to produce expected “rules of the game” so realtors will be able to make
more of an individual determination on a case-by-case basis, without being uncertain. Until
then, members should expect all current systems approved by Missoula Health
Department on non-conforming dwellings to maintain approval until failure of the
system or structural building alteration; unless a reasonable circumstance requiring
intervention exists. Additionally, if the circumstance does in fact exist, you will be
notified with an official document.
DISCLAIMER
Nothing contained in this memorandum shall be deemed or construed as an opinion of the
Missoula Organization of Realtors that all gathered information and recommendations are to
be guaranteed, and remains free of responsibility for any ailments that members claim were
caused by septic issues.