HB 493 Priv ivate Pla lan Review Reform 2019 Spring Board Meeting - - PowerPoint PPT Presentation

HB 493 Priv ivate Pla lan Review Reform

2019 Spring Board Meeting Government Affairs Committee

HB 493 “Private Permitting Review & Inspection Act”

Chairman Kevin Tanner Majority Leader Mike Dugan

O.C.G.A. 8-2-26

• Existing law allows a local permitting authority to take 30 business

days (about 6 weeks) to complete a plan review and 2 days to complete an inspection

• If the local staff can’t complete your request in that time, applicant

has the option to engage a private provider

• Not utilized because of time delay and double cost $$$

HB 493 Changes in the Law

• Cities and counties SHALL publish all requirements and fees for

building permit applications

• No later than 5 business days after receipt of an application, a local

building official SHALL notify the applicant whether or not the application is “complete”. Time taken to review for “completion” counts toward 30 day limit.

• Notice of deficiencies shall be provided in writing and the 30 day limit

will be “paused” while deficiencies are corrected.

HB 493 Changes in the Law

• When an applicant is notified that their application is “complete” they

will also be notified as to whether the personnel “employed or contracted by such county or municipality” will be able to complete a plan review in 30 days (now about 4 weeks) or an inspection in 2 days

HB 493 Changes in the Law

• If local staff CANNOT complete the review or inspection within that

time frame, an applicant SHALL have the option of retaining a private professional provider.

• The applicant will pay only 50% of the required regulatory fee

HB 493 Changes in the Law

• If local staff determines they CAN provide the plan review or

inspection within the time limits, an applicant may nevertheless choose to retain a private professional provider immediately.

• The applicant would be required to pay a “convenience fee” equal to

100% of the regulatory fee

HB 493 Changes in the Law

• If a local permitting authority states its intent to complete the

regulatory action within the required time limits and fails to do so, there SHALL be a “project initiation permit” issued to allow an applicant to begin work.

• Any delays in processing which are outside the control of the city or

county or through the fault of the applicant SHALL NOT count toward day limits

HB 493 Changes in the Law

• The private professional provider SHALL review plans to determine

compliance with all applicable “regulatory requirements”

• ”Regulatory Requirements” are determined by a county or

municipality to be necessary for approval of plans, permits, or applications under this chapter; provided, however, that with respect to any application, such requirements shall include the Georgia State Minimum Standard Codes most recently adopted by the Department

• f Community Affairs and any locally adopted ordinances and

amendments to such codes; applicable zoning ordinances and conditions; design standards; and other state and local laws, regulations, and ordinances applicable to the application in question.

HB 493 Changes in the Law

• The private professional provider SHALL be a licensed engineer or a

licensed architect who is not an employee or otherwise affiliated with the applicant.

• The private professional provider SHALL submit an affidavit that the

plans reviewed comply with all applicable regulatory requirements

• They SHALL also show proof of errors and omissions insurance for at

least $1 MILLION per claim and $1 MILLION aggregate coverage for any project with a construction cost of $5 MILLION or less

HB 493 Changes in the Law

• A local government may provide for the pre-qualification of private

professional providers by local ordinance to ensure that the firms or individuals providing the reviews or inspections are qualified experts in local codes and conditions.

• An absence of such ordinance identifying pre-qualified providers does

not prevent an applicant from engaging a private professional provider.

So what’s the bottom line?

• If time is of the essence, you can skip to the front of the line, provided

you pay the government their full fee and your third party provider their full fee.

• If cost is a bigger concern, allowing the guys in a hurry to go to a third

party provider will also shorten your line, making the process more efficient for everyone.

• There may be some growing pains among the local staff. Please

forward non-compliance complaints to HBAG staff

Questions?

• Austin Hackney
• Government Affairs Director
• Home Builders Association of Georgia
• ahackney@hbag.org