Homeowner’s Freedom to Inspect and Review Services Ordinance

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Summary

An ordinance authorizing the use of qualified third-party providers for plan review and inspection of home renovations, and home backup power installation systems.

Homeowner’s Freedom to Inspect and Review Services Ordinance

Legislative Declaration 

WHEREAS, the purpose of this Ordinance is to streamline and reduce the cost of permitting and inspection for residential construction, renovation and backup power installation systems, while maintaining public safety and ensuring compliance with applicable building, fire, and electrical codes; and 

WHEREAS, by authorizing the use of qualified third-party plan reviewers and inspectors, the County/City/Town of _____________seeks to provide homeowners, contractors, and installers with timely and affordable permitting options that encourage investment in property improvements; and 

WHEREAS, the County/City/Town of ___________recognizes that residents are facing rising construction and energy costs, and that market-based solutions exist to help reduce financial burdens on families; and 

WHEREAS, the County/City/Town of ___________ affirms that homeowners should have the freedom to choose how they improve, renovate, and power their homes, consistent with private property rights and energy independence; and 

WHEREAS, the County/City/Town of ____________ acknowledges that residential renovations, distributed solar, and storage systems all play an important role in enhancing home value, community prosperity, and the resiliency of the electrical grid; and 

WHEREAS, the County/City/Town of ____________ further recognizes that permitting processes can be modernized and streamlined to lower costs, reduce delays, and expand prosperity for residents; and 

WHEREAS, the County/City/Town of ____________affirms that government should not duplicate services that the private sector can provide more efficiently and at lower cost to residents; and 

Now, therefore, be it ordained by the Board of the County/City/Town of _________, State__________ as follows: 

 Section 1. Definitions 

For purposes of this Ordinance: 

(a) “Home Renovation” means any alteration, addition, repair, remodel, or improvement to an existing residential structure requiring a building permit. 

(b) “Home Backup Power Installation” means an electric generating facility, and energy storage facility, an energy storage facility, a standby system, and any associated infrastructure and equipment intended to provide electrical power to a one-or two-family dwelling, regardless of whether the facility or system is capable of participating in a wholesale electric market, that is connected at 600 volts or less. 

(c) “Third-Party Reviewer/Inspector” means a person or entity, not employed by the County/City/Town of __________ who is qualified and approved under this Ordinance to perform plan reviews and/or inspections. 

(d) “Qualified” means licensed in the State of __________ as a Professional Engineer, Master Electrician, ICC-certified inspector, or another credential deemed appropriate by the Building Official. 

Section 2. Authorization 

  1. Homeowners, contractors, or installers may elect to use a Qualified Third-Party Reviewer/Inspector for: 
    • (a) Plan review of residential renovations, backup power installation systems; and 
    • (b) Required inspections of such projects. 
  2. The County/City/Town of ___________ shall accept stamped or signed reports from Qualified Third Parties as satisfying the Town’s plan review or inspection requirements, provided such reports confirm compliance with all applicable codes.  
  3. A person may begin construction of a home backup power installation upon submission of a stamped application or approved notice prescribed by law. 
  4. If the County/City/Town of ___________ does not issue the permits or certificates of completion within three business days of receiving the reports from Qualified Third-Party Reviewer/Inspector, the permits or certificates of completion shall be deemed to have been issued.   
  5. Nothing in this Ordinance shall limit the authority of the County/City/Town of ____________Building Official to conduct supplemental reviews or inspections, if the Building Official has cause to believe, and documents that cause in writing, that the reviews or inspections have incorrectly verified compliance. 

Section 3. Approval of Third-Party Reviewers/Inspectors 

  1. The Building Official shall maintain a registry of Qualified Third-Party Reviewers/Inspectors authorized under this Ordinance.
  2. To be listed on the registry, applicants must provide: 
    • (a) Proof of professional license or certification; 
    • (b) Proof of liability insurance;
    • (c) A written agreement to comply with all adopted codes and reporting requirements. 
  3. The Building Official may suspend or revoke the approval of any Third-Party Reviewer/Inspector for cause, including negligence, misconduct, or repeated failure to ensure compliance. 

Section 4. Fees 

  1. Homeowners, contractors, or installers who elect to use a Third-Party Reviewer/Inspector shall pay fees directly to such provider. 
  2. The County/City/Town of _____________may establish a reasonable administrative processing fee to cover costs associated with recordkeeping and issuance of final approval but shall not charge a fee for review or inspection for projects reviewed or inspected by a Qualified Third-Party Reviewer/Inspector. 
  3. A fine of not less than $_____ and not more than $_______ per violation shall be imposed on the homeowner for failure to comply with the provisions of this Ordinance. Each day that a violation continues shall be deemed a separate offense. Repeat violations within a twelve (12) month period may subject the offender to fines up to $_______ suspension of project approvals. 
  4. Should the homeowner choose to use the Town Building Official for plan review or Inspection, the administrative fee shall be $______, and all regular permit fees shall apply, including those for building permits, plan review, electrical, plumbing, and energy backup systems.  
  5. Any applicable taxes normally imposed or collected for such projects, including sales, use, or construction-related taxes still apply. 

Section 5. Reporting and Recordkeeping 

  1. All Third-Party Reviewers/Inspectors shall submit copies of approved plan review documents and final inspection reports to the Building Department within five (5) business days of completion. 
  2. The Building Department shall maintain such records as part of the permanent permitting file. 

Section 6. Severability 

If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity shall not affect the validity of the other provisions or applications that can be given effect without the invalid portion.