House passes bill to allow private building inspectors after debate over liability and city rights

Representative Douglas Agard introduced second substitute House Bill 293, which the sponsor said aims to address two recurring problems in construction inspections: long scheduling delays that add weeks to projects and inconsistent enforcement by municipal inspectors. "This bill addresses two issues: inspection delays that can add weeks to construction and the perceived heavy-handedness of some inspectors," Agard said on the floor.

Under the approved substitute, private building inspectors who are state-licensed and certified would be allowed to perform certain inspections when local jurisdictions cannot meet statutory timelines. Sponsors said private inspectors must present credentials to the local jurisdiction, carry workers’ compensation and errors-and-omissions insurance, be financially independent of the contractor, and sign a statement that the inspected work complies with the jurisdiction’s codes. The city would retain the inspection records as the repository of official information.

Members debated several points in detail. Representative White and others offered Amendment No. 2 (dated Feb. 22) that would have removed a 48‑hour first-right-of-refusal for cities on remodel inspections; the amendment failed on a recorded vote (29 yes, 38 no). Concerns raised on the floor included liability if a private inspector later reached a different conclusion than a subsequent city inspector, the ability of itinerant private inspectors to interpret local zoning requirements consistently, and whether private inspectors could create additional costs for homeowners if rework became necessary.

Representative Agard responded that private inspectors must inspect to the city’s requirements and that their signed reports would be filed with the municipality so subsequent reviewers would have the record of the private inspection. He also emphasized that private inspectors are licensed, certified and must carry errors-and-omissions insurance to address potential mistakes.

After debate and the failed amendment, the House passed the bill as amended, 48–21. The final passage was recorded on the floor and the bill will be referred to the Senate for further consideration. Implementation questions — including municipal liability standards, coordination of inspection schedules, and guidance on zoning interpretation — were left to committees and follow-up guidance.

The House also recorded concerns from jurisdictions and municipal officials throughout debate, and members urged careful implementation to avoid gaps in zoning enforcement or unexpected costs to homeowners.