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Senate approves bill allowing third‑party residential inspectors from DFCM‑approved list

February 26, 2024 | 2024 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Senate approves bill allowing third‑party residential inspectors from DFCM‑approved list
The Utah Senate passed first substitute Senate Bill 185 after extended floor debate over whether permit holders should be allowed to hire third‑party inspectors from a list approved by the Division of Facilities Construction and Management (DFCM).

Senator Vickers, sponsor of the bill, said the change aims to inject competition and relieve inspection delays that can add time and cost to residential construction. He described the status quo as contributing to multi‑week waits in some jurisdictions and said the bill would allow contractors to select inspectors from a DFCM‑approved pool. "If a DFCM‑approved inspector is good enough for a state building or a school, they ought to be okay for any residential property," Vickers said.

Senators raised concerns about who would pay for third‑party inspections and whether private inspectors would be held to the same standards as municipal employees. Vickers said the bill envisions cities reimbursing the contractor when a city chooses to use an approved third‑party inspector, similar to existing practice for some state projects; the contractor remains liable for the work. "They're not liable for anything," one senator noted while the sponsor and others clarified that contractor liability remains in place.

Opponents warned that third‑party inspectors employed by private entities might not face the same employment oversight as city employees. Senator Reby said private employment could lessen accountability because inspectors might not risk losing professional licensure in the same way as city employees do. Proponents countered that licensed inspectors often hold multiple certifications and that allowing mobility and private employment can expand the pool of qualified inspectors.

Supporters cited industry experience and estimated economic impacts from inspection delays. One sponsor said a developer in a high‑growth area told him inspection delays can add about three weeks and roughly $1,500 in additional cost per residential project.

After debate and motions to uncircle, the Senate adopted the bill on a roll-call vote. The clerk announced the vote and the presiding officer declared first substitute SB 185 passed; the bill will be sent to the House for consideration.

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