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Sponsor says independent permitting would speed building; building officials urge caution on SB 188
Summary
SB 188 would allow licensed third‑party plan review and inspections as an alternative to local building department inspections. Supporters say the measure speeds permitting and helps towns with limited inspector capacity; building officials and municipal groups raised concerns about code conflicts, approval authority and oversight.
Senator Keith Murphy, prime sponsor: The committee opened SB 188, a bill that would allow property owners or builders to obtain plan review and field inspections from third‑party, licensed providers in lieu of municipal building department inspections in order to accelerate permitting and address local capacity constraints. Senator Murphy said statutes in several other states permit independent permitting and that the bill would provide an option for municipalities and builders.
Sponsor case: Murphy described the proposal as an option for towns with backlogs, noting some larger towns already use third‑party inspections for specialized elements. He said the bill was modeled on language in other states and would require that third‑party providers operate within licensure and insurance limits and be independent of the project owner.
Building officials' concerns: Philip Sherman, chair of the State Building Code Review Board, and Scott Tenney of the New Hampshire Building Officials Association warned the committee that the state building code and existing statute already contain provisions about approved agencies and building official responsibilities. They said the model codes tie authority and approval to the building official and that an outside statute that does not also update the state building code could create conflicts about who has final authority over code interpretation and plan acceptance. Sherman recommended coordinating amendments with the Building Code Review Board to align the model code language and avoid conflicting standards.
Operational questions from NHBOA: The Building Officials Association listed drafting gaps: unclear definitions, how municipalities would vet and approve third‑party providers, audit workload shifting to building departments, public record and permitting software access, and whether the state needs licensing or oversight mechanisms for third‑party inspectors. Several building officials said current law already allows some third‑party plan review with building official approval and that the bill should focus on coordinating code language rather than overriding the code.
Sponsor and builder perspective: Builders and the Home Builders Association argued independent permitting could free overburdened municipal staff and speed construction. The trade group suggested sunset or effective‑date amendments to allow the Building Code Review Board to update state code language to implement the concept without creating immediate conflicts.
Committee status: The committee took testimony from the Building Code Review Board, NHBOA, builders and municipal representatives and recessed without taking a vote; members asked for follow‑up language and coordination with the code board.
