SB188
Sponsored By: Keith R. Murphy (Republican)
Became Law
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 4 benefits, 3 costs, 1 mixed.
High liability insurance for inspectors
Private providers must carry professional liability insurance unless the agency waives it. For projects costing $5,000,000 or less, minimum coverage is $2,000,000 per occurrence and $4,000,000 aggregate. For projects over $5,000,000, minimum coverage is $4,000,000 per occurrence and $8,000,000 aggregate. These limits raise ongoing insurance premiums for providers.
Faster plan reviews and occupancy
The agency has 8 business days to approve your plan or permit or to send a written notice listing exact code problems. If it does not act, the plan or permit is deemed approved and permits must be issued the next business day. After all inspections, the private provider submits a certificate of compliance. Once the agency gets that and you pay fees, it must issue a certificate of occupancy or completion within 3 business days (5 business days for single‑family or two‑family homes), or give a written notice with code references. If it still does not act, the certificate is deemed granted and must be issued the next business day.
Owners can hire private inspectors
The law lets a fee owner, or an authorized contractor, hire and pay a licensed private provider to review plans and perform building inspections. When you use a private provider, the agency must give you and your provider the same permitting and inspection records it gives its own staff. If those records are in protected software, the agency must send them electronically within 2 business days after you ask.
Paperwork and indemnity for owners
Before a private provider starts, the owner or contractor must give the agency the provider’s name, contact, license, and insurance certificate (unless waived). You must list the lots or structures and the expected dates. You must also sign an acknowledgment to indemnify, defend, and hold the agency harmless for claims tied to the private provider.
Rules for private inspector standards
Private providers must be licensed pros, such as engineers, architects, or building code administrators. They may only inspect within the fields their license covers and must follow all state building codes and local rules. When reviewing plans, they must file an affidavit that the documents were reviewed under this law, meet code, and that they hold the right license. Owners or contractors cannot own the provider they hire, and the provider cannot serve as their legal counsel.
Audits and uniform rules for inspectors
Local agencies must randomly audit a share of private inspections without notice, but audits may not be used to delay active work. A provider cannot be audited more than four times in a month unless there is an immediate threat to public safety. If there is clear and convincing evidence of negligence, a provider can be suspended for up to one year. Local agencies may not make independent‑provider rules that are stricter than this state law.
Appeals and court help on permits
You can appeal inspection results, certificate denials, or a private provider’s suspension to the building code review board. The board must decide in a timely way and may charge an appeal fee. You can also go to court to ask a judge to order the agency to accept code‑compliant documents or to issue needed permits or certificates.
Lower permit fees with private inspectors
If you hire a private provider, the agency must cut its own permitting or inspection fee by the amount it actually saves. The size of the fee cut depends on the agency’s cost savings for your project.
Sponsors & Cosponsors
Sponsor
Keith R. Murphy
Republican • Senate
Cosponsors
Daniel E. Innis
Republican • Senate
Howard Pearl
Republican • Senate
Jason M. Osborne
Republican • House
Joe H. Alexander
Republican • House
Tim McGough
Republican • Senate
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Signed by the Governor on 07/15/2025; Chapter 0246; Effective 07/15/2025
7/22/2025SenateEnrolled Adopted, VV, (In recess 06/26/2025); SJ 18
7/8/2025SenateEnrolled (in recess of) 06/26/2025 HJ 18 P. 60
7/8/2025HouseSen. Pearl Moved to Concur with the House Amendment, MA, VV; 06/12/2025; SJ 16
6/12/2025SenateOught to Pass with Amendment 2025-1951h: MA DV 276-82 05/22/2025 HJ 15 P. 46
5/22/2025HouseAmendment # 2025-1951h (NT): AA VV 05/22/2025 HJ 15 P. 46
5/22/2025HouseRemoved from Consent (Reps. DeLemus, Colcombe, DeRoy, Gorski, Hill, Turcotte, Wallner, Kaczynski, Flanagan, D. Mannion) 05/22/2025 HJ 15 P. 4
5/22/2025HouseCommittee Report: Ought to Pass with Amendment # 2025-1951h (NT) 05/06/2025 (Vote 17-0; CC)
5/12/2025HouseExecutive Session: 05/06/2025 10:00 am LOB 305
4/23/2025HouseSubcommittee Work Session: 04/22/2025 10:00 am LOB 305
4/16/2025HousePublic Hearing: 04/08/2025 11:00 am LOB 305
4/1/2025HouseIntroduced (in recess of) 03/27/2025 and referred to Housing HJ 11 P. 112
3/28/2025HouseOught to Pass with Amendments #2025-0294s and #2025-0563s, MA, VV; OT3rdg; 03/06/2025; SJ 6
3/6/2025SenateSen. Perkins Kwoka Floor Amendment # 2025-0563s, AA, VV; 03/06/2025; SJ 6
3/6/2025SenateCommittee Amendment # 2025-0294s, AA, VV; 03/06/2025; SJ 6
3/6/2025SenateCommittee Report: Ought to Pass with Amendment # 2025-0294s, 03/06/2025, Vote 5-0; SC 11
2/13/2025SenateSpecial Order to Next Session, Without Objection; 02/13/2025; SJ 5
2/13/2025SenateSB 188-FN was Removed from the Consent Calendar; 02/13/2025; SJ 5
2/13/2025SenateCommittee Report: Ought to Pass with Amendment #2025-0294s, 02/13/2025; Vote 5-0; CC; SC 9
2/6/2025SenateHearing: 02/05/2025, Room 103, SH, 10:30 am; SC 8
1/29/2025SenateIntroduced 01/09/2025 and Referred to Executive Departments and Administration; SJ 3
1/23/2025Senate
Bill Text
Enrolled
7/8/2025
Introduced
1/23/2025
CHAPTERED FINAL VERSION
Version adopted by both bodies
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