Senate Committee Advances Bill Providing for Third-Party Private Construction Inspections
On Thursday, the Assembly Committee Substitute for S-3014 (ACS S-3014) was advanced out of the Senate Community and Urban Affairs Committee. The legislation would expand the use of third-party private construction inspections, allowing municipalities more flexibility to hire private inspectors to perform inspections, but also allowing applicants the ability, under certain circumstances, to hire their own private inspectors, forgoing municipal inspectors.
The Assembly companion bill, ACS A-573, was reviewed and reported favorably out of the Assembly Community Development and Affairs on October 20. ACS A-573 has been second referenced to and is scheduled for consideration by the Committee Assembly Commerce and Economic Development Committee on Monday, December 5. The Senate and Assembly versions differ slightly but will likely come into conformity at Monday’s Assembly Committee meeting.
Prior to committee amendments, A-573 and S-3014 were identical to legislation from the last legislative session that passed in both chambers but was then conditionally vetoed by Governor Murphy. Last session’s bill sought to create a mechanism for an expedited construction inspection program that allowed project owners to directly hire private inspectors to perform construction inspections. The League opposed this measure then and similarly opposed A-573 and S-3014 as introduced.
Given the drastic committee amendments, the League’s position has changed. While no longer opposing the legislation, the League does not fully support the committee amendments and is seeking additional changes and clarifying language. The changes sought by the League are meant to ensure that municipal construction offices are provided the needed flexibility and tools to perform inspections in a timely manner, while also preserving the quality and integrity of inspections by maintaining them within the neutral auspices of the municipal government.
Contact: Frank Marshall, Esq., Associate General Counsel, firstname.lastname@example.org, 609-695-3481, x137.