Warminster authority updates new sewer inspection requirement to comply with state law

As of March 10, the Warminster Municipal Authority (WMA) is requiring point-of-sale sewer lateral inspections for property transfers. When the requirement was first enacted, WMA documents stated that, in the event of a failed inspection, repairs needed to be made prior to sale — but that language did not comply with state law, and it has since been changed. The underlying Warminster Township ordinance that enabled the inspection requirement had similarly noncompliant language. Suburban Realtors Alliance contacted WMA staff to inform them that Pennsylvania’s Municipal Code and Ordinance Compliance Act (MCOCA)requires at least 12 months for repairs. Per MCOCA, once the necessary inspection has been completed, applicants must receive one of three types of use and occupancy (U&O) permit:

• Clear U&O Permit – Issued if no violations are found.
• Temporary U&O Permit — Issued for minor violations, allowing new owners 12 months to make repairs.
• Temporary Access Permit —Issued for substantial violations rendering a property “unfit for habitation,” allowing access for repairs but not occupancy until compliance is achieved within 12 months.

The authority has updated its documentation to say that, if a lateral fails the initial inspection, the township will issue a temporary use and occupancy permit for the property to allow the property to close. The buyer would then have one year to correct the deficiencies. "This quick correction is the result of a lot of things going right," said Jamie Ridge, president and CEO of Suburban Realtors Alliance. "First, we heard about the change quickly from our members, which allowed us to get involved very early. Second, recent state legislation (Act 93 of 2024), championed by the Pennsylvania Association of Realtors last year, made it crystal clear that MCOCA applies to municipal authorities. And finally, WMA staff listened to our concerns and took appropriate action." For more information about WMA's new sewer lateral inspection, visit the authority's website.