Text: HF02180 Text: HF02182 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 103A.27 CONSTRUCTION INSPECTIONS
1 2 – PRIVATE RETENTION.
1 3 1. If a person, firm, or corporation engaged in a
1 4 construction project which requires inspection pursuant to a
1 5 law or ordinance adopted by a governmental subdivision under
1 6 section 103A.19 submits a written request for inspection to
1 7 the governmental subdivision and the governmental subdivision
1 8 cannot provide inspection services within two business days of
1 9 receiving the written request, the person, firm, or
1 10 corporation may, in lieu of inspection by inspectors or other
1 11 personnel employed by the governmental subdivision, retain at
1 12 its own expense a professional engineer licensed pursuant to
1 13 chapter 542B to perform the required inspection. A licensed
1 14 professional engineer retained pursuant to this section shall
1 15 not be an employee of or otherwise affiliated with or
1 16 financially interested in the person, firm, or corporation
1 17 requesting the inspection. The following shall apply to an
1 18 inspection performed pursuant to this section:
1 19 a. The inspection shall be no less extensive than an
1 20 inspection conducted by the governmental subdivision.
1 21 b. The person, firm, or corporation shall pay to the
1 22 governmental subdivision requiring the inspection the same
1 23 permit fees and other charges which would have been required
1 24 if the inspection had been performed by an inspector furnished
1 25 by the governmental subdivision.
1 26 c. The licensed professional engineer retained by the
1 27 person, firm, or corporation may perform any inspection
1 28 required by the governmental subdivision including, but not
1 29 limited to, inspections for footings, foundations, concrete
1 30 slabs, framing, electrical, plumbing, heating, ventilation,
1 31 and air conditioning, or any and all other inspections
1 32 necessary or required, provided that the inspection is within
1 33 the scope of the professional engineer's license and area of
1 34 expertise.
1 35 2. A licensed professional engineer retained pursuant to
2 1 this section shall submit an inspection report to the
2 2 governmental subdivision. The governmental subdivision shall
2 3 accept the inspection report without the necessity of further
2 4 inspection or approval by the inspectors or other personnel
2 5 employed by the governmental subdivision, unless the
2 6 governmental subdivision notifies the licensed professional
2 7 engineer, within two business days after submission of the
2 8 inspection report, that the governmental subdivision finds the
2 9 report incomplete or the inspection inadequate and has
2 10 provided the engineer with a written description of the
2 11 deficiencies and specific requirements which have not been
2 12 adequately addressed.
2 13 3. A governmental subdivision may provide for the
2 14 prequalification of licensed professional engineers for
2 15 authorization to perform inspections pursuant to this section.
2 16 An ordinance implementing prequalification shall not become
2 17 effective until notice of the governmental subdivision's
2 18 intent to require prequalification and the specific
2 19 requirements for prequalification have been advertised in a
2 20 local newspaper of general circulation within the governmental
2 21 subdivision. The ordinance implementing prequalification
2 22 shall provide for evaluation of the qualifications of a
2 23 licensed professional engineer on the basis of the licensed
2 24 professional engineer's expertise with respect to the
2 25 objectives of the inspection, as demonstrated by the licensed
2 26 professional engineer's experience, education, and training.
2 27 EXPLANATION
2 28 This bill provides for the optional retention of a licensed
2 29 professional engineer by a person, firm, or corporation when
2 30 inspections are required pursuant to building regulations
2 31 applicable in a governmental subdivision, and the inspection
2 32 cannot be furnished by the governmental subdivision within two
2 33 business days. The bill provides that the retained inspector
2 34 shall be a professional engineer licensed pursuant to Code
2 35 chapter 542B, who is not an employee of or otherwise
3 1 affiliated with or financially interested in the person, firm,
3 2 or corporation requesting the inspection.
3 3 The bill provides that the inspection performed shall be no
3 4 less extensive than an inspection which would otherwise be
3 5 conducted by the governmental subdivision, and that the same
3 6 fees and other charges which would have been required if the
3 7 inspection had been performed by an inspector furnished by the
3 8 governmental subdivision must be paid to that governmental
3 9 subdivision. The bill also provides that the licensed
3 10 professional engineer may perform any inspection required by
3 11 the governmental subdivision and within the engineer's scope
3 12 of license including, but not limited to, a specified listing
3 13 of commonly required inspection procedures.
3 14 The bill provides that the licensed professional engineer
3 15 shall submit an inspection report to the governmental
3 16 subdivision, and that the governmental subdivision shall
3 17 accept it unless the governmental subdivision notifies the
3 18 licensed professional engineer, within two business days after
3 19 submission of the report, that the report is incomplete or the
3 20 inspection inadequate, and has supplied a written description
3 21 of the deficiencies and specific requirements which have not
3 22 been adequately addressed. The bill provides that a
3 23 governmental subdivision may provide for the prequalification
3 24 of licensed professional engineers for authorization to
3 25 perform inspections.
3 26 LSB 5298HH 79
3 27 rn/cls/14
Text: HF02180 Text: HF02182 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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