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26LSO-0463
2026
STATE OF WYOMING
26LSO-0463
Numbered
2.0
HOUSE BILL NO. HB0140
Construction inspections-qualified third parties.
Sponsored by: Representative(s) Filer, Davis, Fornstrom, Geringer and Williams and Senator(s) Love and Pappas
A BILL
for
AN ACT relating to cities, towns and counties; authorizing third parties to provide building permit inspections as specified; providing definitions; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 15
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1
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513 and 18
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5
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209 are created to read:
15
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1
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513.
Third party building permit inspections.
(a)
As used in this section:
(i)
"Building permit inspection" means an on
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site examination of work performed under a building permit for the purpose of determining compliance with the applicable building codes, construction standards, local ordinances, permit conditions or approval plans that the local enforcement authority is authorized to administer or enforce. "Building permit inspection" shall not include:
(A)
Any inspection required by law to be performed by the state;
(B)
Final inspections required for issuance of a certificate of occupancy.
(ii)
"Delivered by electronic means" includes delivery to an electronic mail address, submission through an electronic permitting system or online portal or delivery by any other electronic method approved by the local enforcement authority;
(iii)
"Local enforcement authority" means the city or town, including a building official, department, employee, contractor or any other person designated or authorized by the city or town to administer or enforce building codes or building permit requirements;
(iv)
"Third party inspector" means an architect licensed under title 33, chapter 4 of the Wyoming statutes, a professional engineer licensed under title 33, chapter 29 of the Wyoming statutes or a person certified by the International Code Council or the local enforcement authority who performs building permit inspections and who meets any additional qualification standards adopted by the local enforcement authority. "Third party inspector" shall not include:
(A)
A person who prepared, stamped, signed or was professionally responsible for the plans or specifications for the work being inspected;
(B)
A person who is an employee of or otherwise affiliated with or financially interested in the owner, developer, contractor or any person performing the work being inspected.
(b)
Notwithstanding any other provision of law, an owner of a building or structure, or the owner's contractor, upon written authorization from the owner, may retain, at the owner's expense, a third party inspector to perform building permit inspections for that building or structure.
(c)
If an owner or a contractor retains a third party inspector for building permit inspections under subsection (b) of this section, the owner or contractor shall provide written notice to the local enforcement authority:
(i)
At the time of filing the building permit application that a third party inspector will perform all required building permit inspections; or
(ii)
Before each scheduled inspection by the local enforcement authority, not later than the deadline established by the local enforcement authority, that a third party inspector will perform that required building permit inspection.
(d)
The written notice required under subsection (c) of this section shall identify the name
of the third party inspector and the inspection or inspections that the third party inspector will perform. The written notice required under subsection (c) of this section may be delivered by electronic means.
(e)
The owner or contractor shall provide written notice to the local enforcement authority of any changes in the building permit inspections to be performed by the third party inspector not later than the deadline established by the local enforcement authority. The written notice required under this subsection may be delivered by electronic means.
(f)
Each third party inspector shall provide a copy of each inspection report to the local enforcement authority not later than the deadline established by the local enforcement authority. Each local enforcement authority may establish minimum requirements for inspection reports submitted under this subsection. The inspection report required under this subsection may be delivered by electronic means. Not later than the deadline established by the local enforcement authority after receipt of the inspection report, the local enforcement authority shall accept the inspection report.
(g)
Each local enforcement authority shall establish and publish deadlines and requirements for all notices and inspection reports required under this section.
(h)
Each third party inspector shall maintain liability insurance as follows:
(i)
A third party inspector who is an architect licensed under title 33, chapter 4 of the Wyoming statutes or a professional engineer licensed under title 33, chapter 29 of the Wyoming statutes shall maintain professional liability insurance in an amount of not less than one million dollars ($1,000,000.00) per claim;
(ii)
A third party inspector who is certified by the International Code Council or the local enforcement authority shall maintain general liability insurance in an amount of not less than one million dollars ($1,000,000.00) per claim.
(j)
Not later than the deadline established by the local enforcement authority, each third party inspector shall provide written notice of the third party inspector's insurance coverage as required under subsection (h) of this section, including the insurer and the insurance coverage amount.
(k)
Nothing in this section shall be construed to authorize any third party inspector to issue a certificate of occupancy. A certificate of occupancy shall only be issued by the local enforcement authority. A local enforcement authority may rely on third party inspection reports to the extent the inspection reports were not rejected by the local enforcement authority and the inspection reports relate to inspections other than the final inspection required for issuance of a certificate of occupancy. The final inspection for a certificate of occupancy shall be performed by the local enforcement authority.
18
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5
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209.
Third party building permit inspections.
(a)
As used in this section:
(i)
"Building permit inspection" means an on
‑
site examination of work performed under a building permit for the purpose of determining compliance with the applicable building codes, construction standards, local ordinances, permit conditions or approval plans that the local enforcement authority is authorized to administer or enforce. "Building permit inspection" shall not include:
(A)
Any inspection required by law to be performed by the state;
(B)
Final inspections required for issuance of a certificate of occupancy.
(ii)
"Delivered by electronic means" includes delivery to an electronic mail address, submission through an electronic permitting system or online portal or delivery by any other electronic method approved by the local enforcement authority;
(iii)
"Local enforcement authority" means the county, including a building official, department, employee, contractor or any other person designated or authorized by the county to administer or enforce building codes or building permit requirements;
(iv)
"Third party inspector" means an architect licensed under title 33, chapter 4 of the Wyoming statutes, a professional engineer licensed under title 33, chapter 29 of the Wyoming statutes or a person certified by the International Code Council or the local enforcement authority who performs building permit inspections and who meets any additional qualification standards adopted by the local enforcement authority. "Third party inspector" shall not include:
(A)
A person who prepared, stamped, signed or was professionally responsible for the plans or specifications for the work being inspected;
(B)
A person who is an employee of or otherwise affiliated with or financially interested in the owner, developer, contractor or any person performing the work being inspected.
(b)
Notwithstanding any other provision of law, an owner of a building or structure, or the owner's contractor, upon written authorization from the owner, may retain, at the owner's expense, a third party inspector to perform building permit inspections for that building or structure.
(c)
If an owner or a contractor retains a third party inspector for building permit inspections under subsection (b) of this section, the owner or contractor shall provide written notice to the local enforcement authority:
(i)
At the time of filing the building permit application that a third party inspector will perform all required building permit inspections; or
(ii)
Before each scheduled inspection by the local enforcement authority, not later than the deadline established by the local enforcement authority, that a third party inspector will perform that required building permit inspection.
(d)
The written notice required under subsection (c) of this section shall identify the name
of the third party inspector and the inspection or inspections that the third party inspector will perform. The written notice required under subsection (c) of this section may be delivered by electronic means.
(e)
The owner or contractor shall provide written notice to the local enforcement authority of any changes in the building permit inspections to be performed by the third party inspector not later than the deadline established by the local enforcement authority. The written notice required under this subsection may be delivered by electronic means.
(f)
Each third party inspector shall provide a copy of each inspection report to the local enforcement authority not later than the deadline established by the local enforcement authority. Each local enforcement authority may establish minimum requirements for inspection reports submitted under this subsection. The inspection report required under this subsection may be delivered by electronic means. Not later than the deadline established by the local enforcement authority after receipt of the inspection report, the local enforcement authority shall accept the inspection report.
(g)
Each local enforcement authority shall establish and publish deadlines and requirements for all notices and inspection reports required under this section.
(h)
Each third party inspector shall maintain liability insurance as follows:
(i)
A third party inspector who is an architect licensed under title 33, chapter 4 of the Wyoming statutes or a professional engineer licensed under title 33, chapter 29 of the Wyoming statutes shall maintain professional liability insurance in an amount of not less than one million dollars ($1,000,000.00) per claim;
(ii)
A third party inspector who is certified by the International Code Council or the local enforcement authority shall maintain general liability insurance in an amount of not less than one million dollars ($1,000,000.00) per claim.
(j)
Not later than the deadline established by the local enforcement authority, each third party inspector shall provide written notice of the third party inspector's insurance coverage as required under subsection (h) of this section, including the insurer and the insurance coverage amount.
(k)
Nothing in this section shall be construed to authorize any third party inspector to issue a certificate of occupancy. A certificate of occupancy shall only be issued by the local enforcement authority. A local enforcement authority may rely on third party inspection reports to the extent the inspection reports were not rejected by the local enforcement authority and the inspection reports relate to inspections other than the final inspection required for issuance of a certificate of occupancy. The final inspection for a certificate of occupancy shall be performed by the local enforcement authority.
Section 2.
This act shall apply to building permit applications filed on or after July 1, 2026.
Section 3
.
This act is effective July 1, 2026
.
(END)
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HB0140