Council OKs pilot allowing third-party plan review and inspections for Zoo Midland; building official keeps final authority

The Midland City Council voted 6-0 to adopt an ordinance creating a pilot program that allows qualified third-party firms to perform certain building plan reviews and inspections on behalf of the city for the Zoo Midland project.

City staff said the ordinance adds a new chapter to the city code to establish an application process, minimum qualifications and insurance and indemnity requirements for outside firms. The pilot applies to building, mechanical, electrical and plumbing plan reviews and inspections for Zoo Midland; it specifically excludes fire-code reviews and inspections, stormwater reviews, and reviews of work that will be dedicated to the city such as public roads, curb-and-gutter and water infrastructure.

Staff said the city will require third-party employees conducting plan review and inspections to hold the same types of certifications the city requires of its own reviewers and inspectors (for example, International Code Council certifications). The building official must approve any third-party authorization and retains the authority to issue permits and certificates of occupancy only after receiving third-party reports; the building official will also conduct audits, can withhold permits and can terminate a third party's authorization for significant failures (terminated firms may not reapply for two years, the ordinance says).

The ordinance is framed as a narrow pilot limited to Zoo Midland to speed construction of a project that includes multiple, specialized structures and a compressed schedule. Staff said the program could be expanded later if the council wants, after further outreach to the development community and interested stakeholders to design broader safeguards and procedures.

Public commenters who addressed the ordinance at the meeting included Carrie McNeil, a local realtor, who said she supported the pilot for a unique project such as the zoo but urged care and consumer protections if the program is expanded. Chuck Harrington, a Zoo Midland representative, told council that the project will include many small structures and that third-party reviewers and inspectors will be on site frequently, which he said justified the pilot. Builder and developer Lance Bridal told council third-party inspections could benefit both large-volume and smaller builders by shortening review and inspection times.

Staff described required controls: third parties must submit detailed plan-review and inspection reports to the city, notify the city of noncompliance issues, carry appropriate insurance and indemnify the city, and be subject to audits. Staff emphasized the building official retains code interpretation authority and discretionary authority to withhold permits or certificates of occupancy if materials or reports are incomplete or appear incorrect.

The ordinance takes effect 30 days after adoption to allow staff and Zoo Midland to finalize operating procedures and quality-assurance audits. Council members said they would invite builders, the real estate community and other stakeholders to participate in discussions before deciding whether to expand the program beyond the zoo.

Ending: The council approved the limited, project-specific authorization for third-party plan review and inspections for Zoo Midland, while retaining city oversight and the building official's final authority to issue permits and perform audits.