(1)Where it appears to Chief Officer of a Municipality that there are reasonable grounds for believing that within Municipal area of a private drain or cesspool is in such condition, as to be prejudicial to health or a nuisance or that a private drain, communicating directly or indirectly with a municipal drain, is so defective as to, admit sub-soil water, he may examine condition, and for that purpose may apply any test other than a test by water under pressure, and if he deems it necessary may open the ground.