Is it possible for me to bring in my own third-party inspector? from Eden Hamilton's blog

Third-party (or private) building inspectors (TPIs) are becoming increasingly popular. In fact, it has made its way to North Carolina, which has not always been at the forefront of innovation. TPIs are now permitted to perform certain inspections in North Carolina, joining an increasing number of jurisdictions that have done so in the past. Licensed professionals (architects and engineers) or those working under their supervision are now permitted to perform inspections in place of municipal code enforcement departments in North Carolina. Our survey 1 of similar laws in other states reveals that, while there is some similarity in the justification for TPIs from state to state, there is little similarity in the scope of the practice. Code Enforcement Officials in North Carolina, on the other hand, should look to other states for guidance on implementation.

Some states, such as Colorado, Georgia, and South Carolina, allow each municipality to decide whether or not to accept third-party inspections; and, if so, which building components may be inspected and under what conditions. The following questions and answers can be found on the City of Alpharetta, Georgia's construction and inspection web page in the FAQs section:Is it possible for me to bring in my own third-party inspector? No, quality inspection services are not permitted by the City of Alpharetta. Because the City's policy is to conduct same-day inspections, there is no scheduling or economic advantage to using outside parties to conduct inspections. In contrast, the code regulations in Gwinnett County, Georgia, allow for a large number of quality inspection china .

The acceptance of aql chart by several Virginia municipalities is restricted to specific circumstances and then only if the Code Enforcement Officials are unable to perform such inspections within a specified time period. TPIs may be used for inspections as well as plan review in Florida. The actual procedure varies from one municipality to another.

The Story of North Carolina
AHJs (Authority Having Jurisdiction) in North Carolina were taking three to five days to complete routine inspections of new single-family home construction when the problem began in two counties out of 220 AHJs. Inspection delays were exacerbated further when the work failed the inspection and the builder was forced to request a re-inspection of the work. It could then take several weeks to complete the inspections. This resulted in a massive backlog of inspections and tension between builders, developers, and AHJs who were all attempting to keep up with the pace of the construction boom. The North Carolina Department of Insurance, which is responsible for certifying Code Enforcement Officials, and the Association of Hearing Officers (AHJs) have begun discussions in order to better understand and address these issues.

In the end, what was the outcome of these discussions?
North Carolina General Statutes 160A-413.5 (Alternate inspection method for component or element) (applicable to cities) and 153A-352(b2) (applicable to counties) are the result of three pieces of legislation: House Bill 255 (2015), House Bill 252 (2017), and House Bill 948 (2018).

Inspections of building components and elements may be performed by a professional other than the AHJ, as the title implies. A slew of questions arose in response to that simple statement.

What is the difference between components and elements?
To put it mildly, the statutory definitions provided by the North Carolina Legislature are a little circular. An element is defined as a collection of products that are intended to be combined with other elements to form the entirety or a portion of a structural component. In the construction industry, a component is defined as any assembly, subassembly, or combination of elements that is intended for use in conjunction with other components to form a part of a building or structure. Additionally, the Legislature clarified that components and elements are not considered to be systems.

Who has the authority to conduct the inspections?
At the time of ratification of House Bill 255 in 2015, the North Carolina legislation identified the architect or engineer as the persons who were authorized to conduct such inspections in lieu of county or city inspectors. In 2015, it was unclear whether the project architect/engineer had been designated as the person authorized to perform an alternate inspection on purpose or if this had happened by accident. But in 2017, Congress passed House Bill 252, which expanded the definition of "licensed architect" or "licensed engineer" to include anyone who works under the direct supervision of a licensed architect or licensed engineer. Other jurisdictions, such as Virginia and Gwinnett County, Georgia, restrict qualified TPIs to architects and engineers (as well as those under their responsible charge). Other states, such as Florida and Maine, have broadened the definition of authorized TPIs to include non-professionals who have received training and certifications that are on par with those received by public Code Enforcement Officials, such as police officers and firefighters.

What kinds of documentation are required?
In order to comply with the statute in North Carolina, the non-AHJ inspector must provide the respective AHJ with a signed written document stating that the component or element of the building so inspected is in compliance with the applicable building code. Upon receipt of the written document from the architect or engineer, the AHJ is relieved of any liabilities, duties, and responsibilities that would otherwise be imposed by law for inspections. In addition, the AHJ is not required by statute to review or approve the inspector's documentation.

What exactly is the AHJ's role?
The current role of AHJs in North Carolina is a little hazy. There was no clear path laid out by the North Carolina Legislature on how to proceed with the new statutes. quality control are being guided by detailed roles and responsibilities established by the larger AHJs in North Carolina.

The first step is to become acquainted with the inspection request procedure. It is second to conduct the inspection and include all necessary specific language in the document to establish where the project's responsibility for a third-party inspection begins and ends. Third, determine the proper verification documentation for the licensed professional who has their seal sealed. AHJs are currently working with the new statutes in their current form and dealing with them on a case-by-case basis until a more natural work flow process is established.

Impact on Industry and Exposure to Risk.
TPIs are still in their infancy in North Carolina, where we are the pioneers. Will this legislation result in the emergence of a new industry to capitalize on the opportunities it presents? It is still too early to tell. In that case, how widespread is it likely to become? Here are some risk management considerations for those who perform alternate inspections as part of the scope of services provided by the project design professional or as a stand-alone service.