Typically, state laws begin in the legislature. If they’re passed, they then go to the governor for signature. Tennessee Gov. Bill Lee, however, felt so strongly that developers should be able to choose the building, environmental and safety inspectors on their projects that he asked state lawmakers to craft legislation for him to sign into law. The new law, which took effect earlier this year, lets developers avoid inspections by the State Fire Marshal’s Office as well as local regulators.
That’s a concern for regulators and code officials throughout the state. If inspectors are being paid by a developer, there’s more likelihood that they’ll overlook areas where the construction (whether it’s residential housing or commercial buildings) isn’t up to code. As the head of the Tennessee Building Officials Association said, “The potential harm is they could approve construction that is not safe.”
State building associations supported Gov. Lee’s call for this law, which he said was necessary to shorten the timeline on new construction. The governor cites his 35 years in the construction industry as the basis for his strong views on the matter.
Will the new law really shorten building timelines?
By privatizing the inspection process, those in favor of it argued that the wait time for inspections would be shorter. However, one media outlet found that average wait times had been averaging anywhere from less than a day to less than a week, depending on the complexity of the project.
The law does have some safeguards. For example, the inspections can’t be done by anyone with a family or business relationship with the builder. Further, city or state officials must review permits and inspections submitted by private contractors. Therefore, it’s not certain how much time or red tape will be saved by builders hiring their own inspectors.
There can certainly be added risks to opting for private inspectors rather than relying on government inspectors. It’s important to weigh the pros and cons for any specific project before choosing to do that. That includes looking at any potential liability you may be assuming by doing that. Having experienced legal guidance can help you make the best decision.