1 Short Title. This act shall be cited as the "Speeding Development Act".

2 Purpose. The purpose of this act is to facilitate speedier and more efficient development while ensuring public safety by authorizing licensed or certified third parties to certify documents and inspect buildings in compliance with applicable building and other codes.

3 New Sections; Private Providers Established. Amend RSA 155-A:7 by inserting after section 7 the following new sections:

155-A:7-a Private Provider Services.

I. In this section:

(a) "Applicable codes" means the New Hampshire state building code and any local technical amendments, excluding fire prevention and fire safety codes.

(b) "Audit" means the process to confirm that building code inspection services have been performed by the private provider.

(c) "Private provider" means an individual or entity that is licensed and qualified to perform building code inspection services and plan reviews as an alternative to those conducted by local government agencies. Private providers may include professionals such as engineers, architects, or building code administrators. They are authorized to review building plans, conduct site inspections, and ensure compliance with applicable building codes and standards.

(d) "Building code inspection services" means services involving the review of building plans, site plans, and inspections to determine compliance with applicable codes.

(e) "Duly authorized representative" means an agent of the private provider who reviews plans or performs inspections and is licensed as an engineer, architect, or building code administrator.

II. Property owners or developers may use private providers for building code inspections and plan reviews.

III. Private providers shall be licensed professionals, including engineers, architects, or building code administrators.

IV. Private providers shall adhere to all applicable codes and standards set forth by the state building code pursuant to RSA 155-A:2 and any local bylaws or ordinances established pursuant to RSA 155-A:3.

V. Private providers may use electronic signatures and transmission for submitting plans, reports, and other documents required for building code compliance.

VI. Local enforcement agencies appointed pursuant to RSA 674:51 or RSA 47:22 shall audit a percentage of inspections performed by private providers within their jurisdiction to ensure compliance with applicable codes. Audits shall be conducted randomly and without prior notice to the private provider. The local enforcement agency shall have the authority to take corrective action if any violations are found during the audit.

4 New Subdivision; New Hampshire Building Code; Independent Permitting and Inspections. Amend RSA 155-A by inserting after section 13 the following new subdivision:

Independent Permitting and Inspections

155-A:14 Definitions. In this subdivision:

I. "Development document" means a document, such as a building plan, site plan, or an application for a building permit, relating to improvements to land, which is required by state or local law or regulation or by a regulatory authority to initiate, engage in, or complete an improvement, but which does not include applications or documents for zoning or planning approvals.

II. "Building inspection" means the inspection of an improvement to land required by a regulatory authority as part of a project to develop or improve an improvement to the land, building, or structure.

III. "Building permit" means a permit required by a regulatory authority to construct or improve or complete an improvement to land.

IV. "Independent provider" means a person licensed or certified as a building code administrator, engineer, or architect.

V. "Regulatory authority" means a department, board, commission, or other entity of the state or of the political subdivision responsible for processing or approving development documents and building permits or conducting building inspections.

155-A:15 Allowance for Use of Independent Providers.

I. Notwithstanding any law, rule, or regulation, the fee owner of land or a building or structure, or the fee owner's contractor upon written authorization from the fee owner, may contract with an independent provider to review development documents or provide building inspections with regard to such land, building, or structure, and may make payment directly to the independent provider for the provision of such services.

II. The fee owner or fee owner's contractor may not have an ownership stake in the independent provider, and the independent provider may not provide legal counsel to the fee owner or fee owner's contractor.

III. If a fee owner or contractor retains an independent provider for the purposes of reviewing development documents or providing building inspections, the regulatory authority shall reduce the fee charged for such services by the amount of cost savings realized by the regulatory authority.

IV. An independent provider may review development documents or provide building inspections only if the independent provider maintains insurance for professional liability covering all services performed as an independent provider, unless such regulatory authority waives such requirement. Such insurance shall have minimum policy limits of $2 million per occurrence and $4 million in the aggregate for any project with a construction cost of $5 million or less and $4 million per occurrence and $8 million in the aggregate for any project with a construction cost of over $5 million.

V. Before any development document reviews or building inspections are performed, the fee owner or the fee owner's contractor shall provide to the regulatory authority:

(a) The name, firm, address, telephone number, and e-mail address of each independent provider who is performing, or will perform, such services, his or her professional license or certification number, qualification statements or resumes, and, unless the regulatory authority waives such coverage, a certificate of insurance demonstrating that professional liability-insurance coverage is in place for the independent provider's firm in the amounts required by this section and the list of any lots or structures that the independent provider will assist on, along with the likely dates of such action.

(b) The following acknowledgment:

By executing this form, I acknowledge that I have made inquiry regarding the competence of the licensed or certified independent provider and the level of his/her insurance and am satisfied that my interests are adequately protected. I agree to indemnify, defend, and hold harmless any regulatory authority from any and all claims arising from my use of these licensed or certified personnel to provide development documents reviews and building inspections with respect to the building or structure that is the subject of the enclosed application.

(c) If an owner or an owner's contractor contracts with an independent provider to review development documents or provide building inspections, the regulatory authority shall provide equal access to all permitting and inspection documents and reports to the independent provider, owner, or contractor that would be provided to regulatory authority personnel in completing development documents or building inspections.

(d) If such access is normally provided by software that protects exempt records from disclosure, the regulatory authority shall provide requested permitting or inspection documents and reports to the independent provider, owner, or contractor within 2 business days of a request in electronic format.

155-A:16 Qualifications and Requirements for Independent Providers for Building Inspections.

I. An independent provider may only provide building inspections that are within the disciplines covered by that person's licensure.

II. Each regulatory authority may audit the performance of independent providers operating within their jurisdiction and demand of the fee owner or fee owner's contractor to know the times of requested building inspections by the independent provider, although the fact of the audit shall not be given to the independent provider.

(a) Audits may be conducted only after the regulatory authority has created a formal audit evaluation. The regulatory authority may, upon clear and convincing evidence, decide that an independent provider has been negligent in providing building inspections and suspend the independent provider for not more than one year.

(b) The same independent provider may be audited no more than 4 times in a month, unless the regulatory authority determines that the condition of a building constitutes an immediate threat to public safety and welfare.

(c) Work may not be delayed for the completion of an audit by the regulatory authority.

III. If an independent provider is providing building inspections, upon completion of all required inspections, the independent provider shall submit to the regulatory authority a certificate of compliance summarizing the inspections performed in accordance with the approved plans and applicable codes.

IV. No more than 3 business days, or, if the independent provider is inspecting single-family or 2-family dwellings, no more than 5 business days, after the receipt of the certificate of compliance with all necessary inspections, and after the payment of all outstanding required fees, a certificate of occupancy or completion shall be issued by the regulatory authority, or the regulatory authority shall provide a notice to the independent provider of any specific deficiencies in the certificate of compliance, with reference to specific code chapters and if the regulatory authority does not issue the certificate of occupancy or completion or provide notice within the required number of days, the certificate of occupancy or completion is considered granted as a matter of law and shall be issued the next business day.

V. Notwithstanding any provision of this section, any decisions regarding a building inspection or certificate of occupancy or completion, or the suspension of an independent provider by a regulatory authority after an audit, may be appealed to the building code review board, which shall adjudicate the dispute in a timely fashion and according to a fee determined by the board.

155-A:17 Requirements for Reviews of Development Documents and Permits.

I. An independent provider performing reviews of development documents under this subdivision shall review them to determine compliance with the applicable codes. Upon determining compliance, the independent provider shall prepare an affidavit or affidavits certifying that the documents were reviewed pursuant to this section, that the documents meet all applicable codes, and that he or she holds the appropriate license or certificate. The affidavit should be submitted to the regulatory authority.

II. No more than 8 business days after receipt of a development document or application for a building permit, the regulatory authority shall approve such document or provide a written notice to the applicant identifying the specific features that do not comply with the applicable codes, as well as the specific code chapters. If no written notice of the document or permit deficiencies is provided within the prescribed period, the document or permit shall be deemed approved as a matter of law, and any necessary permit or permits shall be issued by the regulatory authority on the next business day.

III. If the applicant submits revisions, the regulatory authority has the remainder of the tolled business days plus one business day from the date of resubmittal to approve the development documents, issue the requested building permit, or provide a second written notice to the permit applicant stating which of the previously identified documents or permit features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. If the regulatory authority does not provide the second written notice within the prescribed period, the development document or building permit shall be deemed approved as a matter of law, and any necessary permits shall be issued by the regulatory authority on the next business day.

IV. Notwithstanding any provision of this section, any decisions regarding the issuance of a development document or building permit by a regulatory authority may be appealed to the state building code review board, which shall adjudicate the dispute in a timely fashion according to a fee determined by the board.

155-A:18 Limits on Regulatory Authorities.

I. A regulatory authority may not adopt or enforce any laws, rules, procedures, policies, qualifications, or standards regarding independent providers more restrictive than those prescribed by this subdivision.

II. This section shall not be construed to limit or deny the authority of the regulatory authority to issue a stop-work order for a building project or any portion of the project, as provided by law, if the regulatory authority determines that a condition on the building site constitutes an immediate threat to public safety and welfare.

III. If an applicant believes that the regulatory authority or the building code review board has interpreted existing ordinances, codes, and laws in error, or rejected a certificate of compliance or a development document in error, or not provided a sufficient reduction in fees due to cost-savings resulting from the use of an independent provider, or refused to issue any valid building permit, or suspended an independent provider from performing building inspections in their jurisdiction in error, the independent provider or fee owner or fee owner's contractor may file a proceeding in a court of competent jurisdiction seeking a determination that the inspection or document or permit complies with all relevant requirements and seek an order requiring the regulatory authority to accept the document or inspection and issue any necessary building permits or certificate of occupancy or completion.

5 Severability. The provisions of this act are hereby declared to be severable. If any provision of this act or the application of such provision to any person or circumstance is declared or held to be invalid for any reason, such declaration or holding shall not affect the validity of the remaining portions of this act and the application of its provisions to any other persons or circumstances.

6 Effective Date. This act shall take effect 60 days after passage.

1 Short Title. This act shall be cited as the "Speeding Development Act".

2 Purpose. The purpose of this act is to facilitate speedier and more efficient development while ensuring public safety by authorizing licensed or certified third parties to certify documents and inspect buildings in compliance with applicable building and other codes.

3 New Sections; Private Providers Established. Amend RSA 155-A:7 by inserting after section 7 the following new sections:

155-A:7-a Private Provider Services.

I. In this section:

(a) "Applicable codes" means the New Hampshire state building code and any local technical amendments, excluding fire prevention and fire safety codes.

(b) "Audit" means the process to confirm that building code inspection services have been performed by the private provider.

(c) "Private provider" means an individual or entity that is licensed and qualified to perform building code inspection services and plan reviews as an alternative to those conducted by local government agencies. Private providers may include professionals such as engineers, architects, or building code administrators. They are authorized to review building plans, conduct site inspections, and ensure compliance with applicable building codes and standards.

(d) "Building code inspection services" means services involving the review of building plans, site plans, and inspections to determine compliance with applicable codes.

(e) "Duly authorized representative" means an agent of the private provider who reviews plans or performs inspections and is licensed as an engineer, architect, or building code administrator.

II. Property owners or developers may use private providers for building code inspections and plan reviews.

III. Private providers shall be licensed professionals, including engineers, architects, or building code administrators.

IV. Private providers shall adhere to all applicable codes and standards set forth by the state building code pursuant to RSA 155-A:2 and any local bylaws or ordinances established pursuant to RSA 155-A:3.

V. Private providers may use electronic signatures and transmission for submitting plans, reports, and other documents required for building code compliance.

VI. Local enforcement agencies appointed pursuant to RSA 674:51 or RSA 47:22 shall audit a percentage of inspections performed by private providers within their jurisdiction to ensure compliance with applicable codes. Audits shall be conducted randomly and without prior notice to the private provider. The local enforcement agency shall have the authority to take corrective action if any violations are found during the audit.

4 New Subdivision; New Hampshire Building Code; Independent Permitting and Inspections. Amend RSA 155-A by inserting after section 13 the following new subdivision:

Independent Permitting and Inspections

155-A:14 Definitions. In this subdivision:

I. "Development document" means a document, such as a building plan, site plan, or an application for a building permit, relating to improvements to land, which is required by state or local law or regulation or by a regulatory authority to initiate, engage in, or complete an improvement, but which does not include applications or documents for zoning or planning approvals.

II. "Building inspection" means the inspection of an improvement to land required by a regulatory authority as part of a project to develop or improve an improvement to the land, building, or structure.

III. "Building permit" means a permit required by a regulatory authority to construct or improve or complete an improvement to land.

IV. "Independent provider" means a person licensed or certified as a building code administrator, engineer, or architect.

V. "Regulatory authority" means a department, board, commission, or other entity of the state or of the political subdivision responsible for processing or approving development documents and building permits or conducting building inspections.

155-A:15 Allowance for Use of Independent Providers.

I. Notwithstanding any law, rule, or regulation, the fee owner of land or a building or structure, or the fee owner's contractor upon written authorization from the fee owner, may contract with an independent provider to review development documents or provide building inspections with regard to such land, building, or structure, and may make payment directly to the independent provider for the provision of such services.

II. The fee owner or fee owner's contractor may not have an ownership stake in the independent provider, and the independent provider may not provide legal counsel to the fee owner or fee owner's contractor.

III. If a fee owner or contractor retains an independent provider for the purposes of reviewing development documents or providing building inspections, the regulatory authority shall reduce the fee charged for such services by the amount of cost savings realized by the regulatory authority.

IV. An independent provider may review development documents or provide building inspections only if the independent provider maintains insurance for professional liability covering all services performed as an independent provider, unless such regulatory authority waives such requirement. Such insurance shall have minimum policy limits of $2 million per occurrence and $4 million in the aggregate for any project with a construction cost of $5 million or less and $4 million per occurrence and $8 million in the aggregate for any project with a construction cost of over $5 million.

V. Before any development document reviews or building inspections are performed, the fee owner or the fee owner's contractor shall provide to the regulatory authority:

(a) The name, firm, address, telephone number, and e-mail address of each independent provider who is performing, or will perform, such services, his or her professional license or certification number, qualification statements or resumes, and, unless the regulatory authority waives such coverage, a certificate of insurance demonstrating that professional liability-insurance coverage is in place for the independent provider's firm in the amounts required by this section and the list of any lots or structures that the independent provider will assist on, along with the likely dates of such action.

(b) The following acknowledgment:

By executing this form, I acknowledge that I have made inquiry regarding the competence of the licensed or certified independent provider and the level of his/her insurance and am satisfied that my interests are adequately protected. I agree to indemnify, defend, and hold harmless any regulatory authority from any and all claims arising from my use of these licensed or certified personnel to provide development documents reviews and building inspections with respect to the building or structure that is the subject of the enclosed application.

(c) If an owner or an owner's contractor contracts with an independent provider to review development documents or provide building inspections, the regulatory authority shall provide equal access to all permitting and inspection documents and reports to the independent provider, owner, or contractor that would be provided to regulatory authority personnel in completing development documents or building inspections.

(d) If such access is normally provided by software that protects exempt records from disclosure, the regulatory authority shall provide requested permitting or inspection documents and reports to the independent provider, owner, or contractor within 2 business days of a request in electronic format.

155-A:16 Qualifications and Requirements for Independent Providers for Building Inspections.

I. An independent provider may only provide building inspections that are within the disciplines covered by that person's licensure.

II. Each regulatory authority may audit the performance of independent providers operating within their jurisdiction and demand of the fee owner or fee owner's contractor to know the times of requested building inspections by the independent provider, although the fact of the audit shall not be given to the independent provider.

(a) Audits may be conducted only after the regulatory authority has created a formal audit evaluation. The regulatory authority may, upon clear and convincing evidence, decide that an independent provider has been negligent in providing building inspections and suspend the independent provider for not more than one year.

(b) The same independent provider may be audited no more than 4 times in a month, unless the regulatory authority determines that the condition of a building constitutes an immediate threat to public safety and welfare.

(c) Work may not be delayed for the completion of an audit by the regulatory authority.

III. If an independent provider is providing building inspections, upon completion of all required inspections, the independent provider shall submit to the regulatory authority a certificate of compliance summarizing the inspections performed in accordance with the approved plans and applicable codes.

IV. No more than 3 business days, or, if the independent provider is inspecting single-family or 2-family dwellings, no more than 5 business days, after the receipt of the certificate of compliance with all necessary inspections, and after the payment of all outstanding required fees, a certificate of occupancy or completion shall be issued by the regulatory authority, or the regulatory authority shall provide a notice to the independent provider of any specific deficiencies in the certificate of compliance, with reference to specific code chapters and if the regulatory authority does not issue the certificate of occupancy or completion or provide notice within the required number of days, the certificate of occupancy or completion is considered granted as a matter of law and shall be issued the next business day.

V. Notwithstanding any provision of this section, any decisions regarding a building inspection or certificate of occupancy or completion, or the suspension of an independent provider by a regulatory authority after an audit, may be appealed to the building code review board, which shall adjudicate the dispute in a timely fashion and according to a fee determined by the board.

155-A:17 Requirements for Reviews of Development Documents and Permits.

I. An independent provider performing reviews of development documents under this subdivision shall review them to determine compliance with the applicable codes. Upon determining compliance, the independent provider shall prepare an affidavit or affidavits certifying that the documents were reviewed pursuant to this section, that the documents meet all applicable codes, and that he or she holds the appropriate license or certificate. The affidavit should be submitted to the regulatory authority.

II. No more than 8 business days after receipt of a development document or application for a building permit, the regulatory authority shall approve such document or provide a written notice to the applicant identifying the specific features that do not comply with the applicable codes, as well as the specific code chapters. If no written notice of the document or permit deficiencies is provided within the prescribed period, the document or permit shall be deemed approved as a matter of law, and any necessary permit or permits shall be issued by the regulatory authority on the next business day.

III. If the applicant submits revisions, the regulatory authority has the remainder of the tolled business days plus one business day from the date of resubmittal to approve the development documents, issue the requested building permit, or provide a second written notice to the permit applicant stating which of the previously identified documents or permit features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. If the regulatory authority does not provide the second written notice within the prescribed period, the development document or building permit shall be deemed approved as a matter of law, and any necessary permits shall be issued by the regulatory authority on the next business day.

IV. Notwithstanding any provision of this section, any decisions regarding the issuance of a development document or building permit by a regulatory authority may be appealed to the state building code review board, which shall adjudicate the dispute in a timely fashion according to a fee determined by the board.

155-A:18 Limits on Regulatory Authorities.

I. A regulatory authority may not adopt or enforce any laws, rules, procedures, policies, qualifications, or standards regarding independent providers more restrictive than those prescribed by this subdivision.

II. This section shall not be construed to limit or deny the authority of the regulatory authority to issue a stop-work order for a building project or any portion of the project, as provided by law, if the regulatory authority determines that a condition on the building site constitutes an immediate threat to public safety and welfare.

III. If an applicant believes that the regulatory authority or the building code review board has interpreted existing ordinances, codes, and laws in error, or rejected a certificate of compliance or a development document in error, or not provided a sufficient reduction in fees due to cost-savings resulting from the use of an independent provider, or refused to issue any valid building permit, or suspended an independent provider from performing building inspections in their jurisdiction in error, the independent provider or fee owner or fee owner's contractor may file a proceeding in a court of competent jurisdiction seeking a determination that the inspection or document or permit complies with all relevant requirements and seek an order requiring the regulatory authority to accept the document or inspection and issue any necessary building permits or certificate of occupancy or completion.

5 Severability. The provisions of this act are hereby declared to be severable. If any provision of this act or the application of such provision to any person or circumstance is declared or held to be invalid for any reason, such declaration or holding shall not affect the validity of the remaining portions of this act and the application of its provisions to any other persons or circumstances.

6 Effective Date. This act shall take effect 60 days after passage.