Virginia HB1178 and Proposed Changes to Septic Inspection Requirements

Overview

On January 14, 2026, House Bill 1178 (HB1178) was introduced in the Virginia General Assembly. HB1178 proposes amendments to Virginia Code §§ 59.1-310.7 and 59.1-310.9, which govern authorized septic system inspectors and the minimum requirements for septic inspections associated with real estate transactions.

HB1178 is a proposed bill, not law. This article is intended to provide an informational summary of the bill and highlight areas where the proposed language would change existing inspection standards established under HB2671, which became law in 2025.

Proposed Redefinition of “Septic System Inspection”

HB1178 modifies the statutory definition of a septic system inspection. Under the bill, an inspection may include one or more of the following activities:

• Flow testing
• Dye testing
• Camera scoping
• Inspection of readily accessible system components
• Sludge or scum measurement
• Hydraulic load testing
• Interior inspection of the septic tank
• Excavation

The use of the phrase “one or more” means the bill does not establish a minimum set of inspection activities that must be performed in all cases. If enacted, inspections could vary in scope depending on which activities are selected and documented as part of the inspection agreement.

Inclusion of Sludge and Scum Measurement

HB1178 explicitly includes sludge and scum measurement as an activity that may be part of an inspection. Sludge and scum measurements are commonly used as maintenance indicators to assess pumping intervals. The bill does not specify whether additional system components must be observed when sludge and scum measurements are performed, nor does it establish how this activity relates to broader system evaluation.

Use of Dye Testing and Flow Testing

The bill includes dye testing and flow testing within the definition of an inspection. These methods are not currently defined in statute as inspection standards, and HB1178 does not establish protocols, thresholds, or performance criteria for their use. As written, the bill allows these activities to be included as part of an inspection without specifying how results should be interpreted or documented.

Changes to Component Inspection Requirements

Under current law enacted in 2025, inspectors are required to make every reasonable effort to inspect and report on all readily accessible and openable septic system components. HB1178 modifies this framework by allowing inspections to be defined by the activities included in the inspection agreement. While the bill continues to reference accessible components, it does not establish component inspection as a uniform baseline requirement for all inspections.

Removal of the Prohibition on Pass or Fail Determinations

Current law prohibits inspectors from issuing pass, fail, or graded assessments of septic system functionality as part of an inspection. HB1178 removes this prohibition. The bill does not introduce a standardized definition of pass or fail, nor does it establish criteria for graded assessments. If enacted, inspectors would no longer be statutorily prohibited from issuing outcome-based determinations, although the bill does not specify how such determinations should be applied or standardized.

Required Contract Language Regarding Pumping

HB1178 requires inspectors to include specific language in inspection contracts addressing septic tank pumping. The required statement characterizes pumping as optional and notes that pumping may be unnecessary or stressful to the system. The bill does not distinguish between pumping for maintenance purposes and pumping performed to allow visual inspection of tank structure and internal components.

Legislative Context

HB1178 was introduced on January 14, 2026, and is understood to have been requested by the Virginia Realtors Association. The bill sponsor is Delegate Pope Adams. As of publication, HB1178 has been introduced but has not been enacted and remains subject to committee review, amendment, or further legislative action.

Why This Matters to Industry Professionals

If enacted as written, HB1178 would alter how septic inspections are defined, scoped, and documented in Virginia. These changes may affect:

• Inspection scope and variability
• Documentation practices
• Consumer expectations
• Professional liability and comparability of inspection reports

Industry professionals involved in septic inspection, installation, operation, education, or regulation should be aware of the proposed changes and monitor the bill as it progresses through the legislative process.

Bill Sponsor Information

HB1178 was introduced by Delegate Pope Adams. Industry professionals seeking additional information or clarification regarding the bill may contact the sponsor through official legislative channels.

Delegate Kimberly Pope Adams
Virginia House of Delegates
82nd District
Counties of Dinwiddie (part), Prince George (part), and Surry; City of Petersburg
Official profile: https://house.vga.virginia.gov/members/H0399