Senate Commerce committee advances bill allowing virtual reinspections, sets 48-hour shot clock and small refund for late failure notices

Representative Josh Wheeler, sponsor of House Bill 266, told the Senate Commerce Committee the bill "is looking to modernize and codify some best practices for Idaho's building inspection process." The measure would authorize live virtual reinspections, create a 48‑hour "shot clock" after which a citizen or contractor could hire a third‑party inspector, and require a 10% refund of applicable fees if a local unit of government fails to notify a contractor or citizen of the reason for a failed inspection within three days.

The bill’s sponsor said the virtual reinspection option would let an inspector "use technology, make sure they're looking at the right place, see that the corrections happened and approve a reinspection that way." Wheeler also described the shot‑clock provision: "if the local unit of government is unable to get to the inspection within 48 hours, then the citizen or contractor is authorized to hire a third party inspection company ... and the local unit of government would reimburse the citizen or contractor for the amount that they had charged them for the inspection that didn't get completed in a timely fashion." He said an amendment under consideration would specify "business days" to avoid weekend‑counting issues.

Committee members and local government representatives questioned how third‑party inspections would be qualified, who would bear costs when third parties were late, and whether a local authority could challenge a private inspector’s approval. Senator Guthrie asked whether third‑party inspectors would be vetted. Representative Wheeler said the bill asks that third‑party inspectors be ICC‑certified, "that's the same certification that we hold all of our, building inspectors to already are."

City and county officials said they generally support the virtual reinspection concept but requested clarifying language. Brett Stoddard of the City of Rexburg said Idaho jurisdictions "support and appreciate this option to conduct virtual inspections" but also asked that the business‑day amendment be included. John Nielsen, director of building safety for the City of Nampa, said he had come in opposition to the bill as drafted "based mostly on the 48 hours," but added, "if the bill goes forward with the amendments on the 48 hours, I'm good with it and we would support it." Kelly Packer, executive director of the Association of Idaho Cities, asked that the bill explicitly cover the situation where a local government contracts with the state, a county, or a third‑party inspector so that the party who actually performed (or failed to timely perform) the inspection would be the party responsible for any refund.

Questions about refunds and responsibility recurred. Representative Wheeler distinguished two separate refund concepts in the bill, telling the committee that the 48‑hour shot clock addresses timeliness of inspections, while the 10% refund provision addressed untimely notification of the reason for a failed inspection. He acknowledged a potential liberal reading could make a local government liable when it relied on a contracted third party that was late, and said stakeholders were seeking clarifying language to make responsibility explicit.

The Idaho Association of Counties' representative said the association would still support the virtual reinspection portion and was willing to work on the shot‑clock language. Committee members expressed concern about incentives that could encourage contractors to shop for favorable private inspectors, and Wheeler said the bill’s aim is to incentivize timely government inspections rather than to create a veto over government decisions.

The committee approved a motion by Senator Guthrie, seconded by Senator Nichols, to send House Bill 266 as amended to the fourteenth order for possible further amendment. The motion carried on a voice vote.

Votes at a glance

- Motion to send House Bill 266 (as amended) to the fourteenth order for possible amendment: Motion by Senator Guthrie; second by Senator Nichols; outcome: motion carries (voice vote).