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Third Party Inspectors

Reference Number: MTAS-3010
Reviewed Date: 12/10/2024

T.C.A. § 68-120-101 (k)(2) authorizes the use of third-party inspectors/examiners in lieu of local or state inspectors/examiners for certain permitted processes and requirements. The act states that a person may engage a third-party inspector/examiner to examine plans and specifications prior to construction, in lieu of examination/inspections by the local jurisdiction. If a person chooses to engage a third-party examiner/inspector, they must submit the appropriate fee and all the following information: (i) The building name, intended address, and local jurisdiction of the structure; (ii) The third-party plans examiner's name and registration number assigned by the state fire marshal; (iii) A sworn statement under penalty of perjury by the third-party plans examiner, declaring that the plans comply with the applicable codes and that no deficiencies remain; (iv) A statement of the applicable codes of the local jurisdiction and the codes used to perform the plans examination; (v) The occupancy classification of the structure; and (vi) Other information as the state fire marshal may reasonably require, including the minimum requirements of the state fire marshal for use and occupancy.

No later than 10 business days after receipt, the local jurisdiction must approve the application, provide a report of deficiencies, or request additional information necessary to ensure compliance with applicable codes. If the local jurisdiction fails to respond after 10 business days, then they must refund the application fees and the applicant may file a withdrawal of review and refile the application with the state fire marshal’s office. If the reapplication is made, then the state fire marshal has 10 business days to respond. This same process also applies to locally required building construction inspections. If a person chooses to engage a third-party inspector, they must do so for all subsequent inspections for the structure. Effective October 1, 2024.