(a) A plan review conducted by a private professional provider shall be no less extensive than a plan review conducted by a local government official.
(b) (1) A private professional provider performing a plan review under this section shall review the plans to determine compliance with all applicable regulatory requirements.(2) Upon determining that the plans reviewed comply with the applicable regulatory requirements, the private professional provider shall prepare an affidavit or affidavits certifying under oath that the following is true and correct to the best of the private professional provider's knowledge and belief and in accordance with the applicable professional standard of care:(A) That the plans were reviewed by the affiant who is authorized to perform the plan review under this section and who holds the appropriate license or certifications and insurance coverage required under this subchapter;(B) That a determination has been made that the plan is in compliance; and(C) That a determination has been made that plans submitted for the plan review are in conformity with plans previously submitted or approved by the local government in the plan submittal process.
(1) A private professional provider performing a plan review under this section shall review the plans to determine compliance with all applicable regulatory requirements.
(2) Upon determining that the plans reviewed comply with the applicable regulatory requirements, the private professional provider shall prepare an affidavit or affidavits certifying under oath that the following is true and correct to the best of the private professional provider's knowledge and belief and in accordance with the applicable professional standard of care:(A) That the plans were reviewed by the affiant who is authorized to perform the plan review under this section and who holds the appropriate license or certifications and insurance coverage required under this subchapter;(B) That a determination has been made that the plan is in compliance; and(C) That a determination has been made that plans submitted for the plan review are in conformity with plans previously submitted or approved by the local government in the plan submittal process.
(A) That the plans were reviewed by the affiant who is authorized to perform the plan review under this section and who holds the appropriate license or certifications and insurance coverage required under this subchapter;
(B) That a determination has been made that the plan is in compliance; and
(C) That a determination has been made that plans submitted for the plan review are in conformity with plans previously submitted or approved by the local government in the plan submittal process.
(c) The private professional provider shall be authorized to perform a plan review for a request for permit required by the local government, including without limitation plan review for:(1) Civil plans;(2) Construction plans; and(3) Plumbing plans if allowed by the Department of Health.
(1) Civil plans;
(2) Construction plans; and
(3) Plumbing plans if allowed by the Department of Health.
(d) (1) (A) An applicant using a private professional provider shall submit a copy of the private professional provider's plan review report to a local government official within five (5) days of completion of the plan review report.(B) A plan review report under subdivision (d)(1)(A) of this section shall include without limitation the following:(i) The affidavit of the private professional provider required under subdivision (b)(2) of this section; and(ii) Any documents reasonably required by the local government official and any other documents reasonably necessary to determine that the applicant has secured all other governmental approvals required by law.(2) (A) No more than ten (10) business days after receipt of a plan review report from the private professional provider, the local government official shall issue the requested permit or provide written notice to the applicant identifying the specific plan features that do not comply with the applicable regulatory requirements as well as the specific code chapters and sections of the regulatory requirements.(B) If the local government official does not provide a written notice of the plan deficiencies with specific code references to the regulatory requirements not met within the prescribed ten-day period, the:(i) Request for permit shall be deemed approved as a matter of law; and(ii) Permit shall be issued by the local government official on the next business day.(3) (A) If the local government official provides a written notice of plan deficiencies to the applicant within the prescribed ten-day period, the ten-day period shall be tolled pending resolution of the matter.(B) To resolve the plan deficiencies, the applicant may:(i) Dispute the plan deficiencies under this subchapter; or(ii) Submit revisions to correct the plan deficiencies.(4) (A) If the applicant submits revisions to address the plan deficiencies previously identified, the local government official shall have the remainder of the tolled ten-day period plus an additional five (5) business days to issue the requested permit or to provide a second written notice to the applicant stating which plan features remain in noncompliance with the applicable regulatory requirements, with specific reference to the relevant code chapters and sections of the regulatory requirements.(B) If the local government official does not provide the second written notice under subdivision (d)(4)(A) of this section within the prescribed time, the permit shall be issued by the local government official on the next business day.(C) If the revisions required to address the plan deficiencies or any additional revisions submitted by the applicant require that new governmental approvals be obtained, the applicant shall obtain the approvals before a new plan report can be submitted.(5) (A) If the local government official provides a second written notice of plan deficiencies under subdivision (d)(4)(A) of this section to the applicant within the prescribed time, the applicant may:(i) Dispute the plan deficiencies under this subchapter; or(ii) Submit additional revisions to correct the plan deficiencies.(B) For all revisions submitted after the first revision, the local government official shall have an additional five (5) business days to issue the requested permit or to provide a written notice to the applicant stating which plan features remain in noncompliance with the applicable regulatory requirements, with specific reference to the relevant code chapters and sections.(6) (A) If the local government official and the private professional provider are unable to resolve a dispute on matters concerning any ordinance, regulation, or policy of the local government, the matter shall be referred to the local governing body, which shall consider the matter by whichever occurs first:(i) The next scheduled meeting of the local governing body; or(ii) Within thirty (30) days from the date the matter is referred.(B) If the local government official and the private professional provider are unable to resolve a dispute on matters concerning state law or state adopted building codes, the matter shall be referred to the Department of Labor and Licensing, which shall consider the matter by whichever occurs first:(i) The next scheduled meeting of the local governing body; or(ii) Within thirty (30) days from the date the matter is referred.
(1) (A) An applicant using a private professional provider shall submit a copy of the private professional provider's plan review report to a local government official within five (5) days of completion of the plan review report.(B) A plan review report under subdivision (d)(1)(A) of this section shall include without limitation the following:(i) The affidavit of the private professional provider required under subdivision (b)(2) of this section; and(ii) Any documents reasonably required by the local government official and any other documents reasonably necessary to determine that the applicant has secured all other governmental approvals required by law.
(A) An applicant using a private professional provider shall submit a copy of the private professional provider's plan review report to a local government official within five (5) days of completion of the plan review report.
(B) A plan review report under subdivision (d)(1)(A) of this section shall include without limitation the following:(i) The affidavit of the private professional provider required under subdivision (b)(2) of this section; and(ii) Any documents reasonably required by the local government official and any other documents reasonably necessary to determine that the applicant has secured all other governmental approvals required by law.
(i) The affidavit of the private professional provider required under subdivision (b)(2) of this section; and
(ii) Any documents reasonably required by the local government official and any other documents reasonably necessary to determine that the applicant has secured all other governmental approvals required by law.
(2) (A) No more than ten (10) business days after receipt of a plan review report from the private professional provider, the local government official shall issue the requested permit or provide written notice to the applicant identifying the specific plan features that do not comply with the applicable regulatory requirements as well as the specific code chapters and sections of the regulatory requirements.(B) If the local government official does not provide a written notice of the plan deficiencies with specific code references to the regulatory requirements not met within the prescribed ten-day period, the:(i) Request for permit shall be deemed approved as a matter of law; and(ii) Permit shall be issued by the local government official on the next business day.
(A) No more than ten (10) business days after receipt of a plan review report from the private professional provider, the local government official shall issue the requested permit or provide written notice to the applicant identifying the specific plan features that do not comply with the applicable regulatory requirements as well as the specific code chapters and sections of the regulatory requirements.
(B) If the local government official does not provide a written notice of the plan deficiencies with specific code references to the regulatory requirements not met within the prescribed ten-day period, the:(i) Request for permit shall be deemed approved as a matter of law; and(ii) Permit shall be issued by the local government official on the next business day.
(i) Request for permit shall be deemed approved as a matter of law; and
(ii) Permit shall be issued by the local government official on the next business day.
(3) (A) If the local government official provides a written notice of plan deficiencies to the applicant within the prescribed ten-day period, the ten-day period shall be tolled pending resolution of the matter.(B) To resolve the plan deficiencies, the applicant may:(i) Dispute the plan deficiencies under this subchapter; or(ii) Submit revisions to correct the plan deficiencies.
(A) If the local government official provides a written notice of plan deficiencies to the applicant within the prescribed ten-day period, the ten-day period shall be tolled pending resolution of the matter.
(B) To resolve the plan deficiencies, the applicant may:(i) Dispute the plan deficiencies under this subchapter; or(ii) Submit revisions to correct the plan deficiencies.
(i) Dispute the plan deficiencies under this subchapter; or
(ii) Submit revisions to correct the plan deficiencies.
(4) (A) If the applicant submits revisions to address the plan deficiencies previously identified, the local government official shall have the remainder of the tolled ten-day period plus an additional five (5) business days to issue the requested permit or to provide a second written notice to the applicant stating which plan features remain in noncompliance with the applicable regulatory requirements, with specific reference to the relevant code chapters and sections of the regulatory requirements.(B) If the local government official does not provide the second written notice under subdivision (d)(4)(A) of this section within the prescribed time, the permit shall be issued by the local government official on the next business day.(C) If the revisions required to address the plan deficiencies or any additional revisions submitted by the applicant require that new governmental approvals be obtained, the applicant shall obtain the approvals before a new plan report can be submitted.
(A) If the applicant submits revisions to address the plan deficiencies previously identified, the local government official shall have the remainder of the tolled ten-day period plus an additional five (5) business days to issue the requested permit or to provide a second written notice to the applicant stating which plan features remain in noncompliance with the applicable regulatory requirements, with specific reference to the relevant code chapters and sections of the regulatory requirements.
(B) If the local government official does not provide the second written notice under subdivision (d)(4)(A) of this section within the prescribed time, the permit shall be issued by the local government official on the next business day.
(C) If the revisions required to address the plan deficiencies or any additional revisions submitted by the applicant require that new governmental approvals be obtained, the applicant shall obtain the approvals before a new plan report can be submitted.
(5) (A) If the local government official provides a second written notice of plan deficiencies under subdivision (d)(4)(A) of this section to the applicant within the prescribed time, the applicant may:(i) Dispute the plan deficiencies under this subchapter; or(ii) Submit additional revisions to correct the plan deficiencies.(B) For all revisions submitted after the first revision, the local government official shall have an additional five (5) business days to issue the requested permit or to provide a written notice to the applicant stating which plan features remain in noncompliance with the applicable regulatory requirements, with specific reference to the relevant code chapters and sections.
(A) If the local government official provides a second written notice of plan deficiencies under subdivision (d)(4)(A) of this section to the applicant within the prescribed time, the applicant may:(i) Dispute the plan deficiencies under this subchapter; or(ii) Submit additional revisions to correct the plan deficiencies.
(i) Dispute the plan deficiencies under this subchapter; or
(ii) Submit additional revisions to correct the plan deficiencies.
(B) For all revisions submitted after the first revision, the local government official shall have an additional five (5) business days to issue the requested permit or to provide a written notice to the applicant stating which plan features remain in noncompliance with the applicable regulatory requirements, with specific reference to the relevant code chapters and sections.
(6) (A) If the local government official and the private professional provider are unable to resolve a dispute on matters concerning any ordinance, regulation, or policy of the local government, the matter shall be referred to the local governing body, which shall consider the matter by whichever occurs first:(i) The next scheduled meeting of the local governing body; or(ii) Within thirty (30) days from the date the matter is referred.(B) If the local government official and the private professional provider are unable to resolve a dispute on matters concerning state law or state adopted building codes, the matter shall be referred to the Department of Labor and Licensing, which shall consider the matter by whichever occurs first:(i) The next scheduled meeting of the local governing body; or(ii) Within thirty (30) days from the date the matter is referred.
(A) If the local government official and the private professional provider are unable to resolve a dispute on matters concerning any ordinance, regulation, or policy of the local government, the matter shall be referred to the local governing body, which shall consider the matter by whichever occurs first:(i) The next scheduled meeting of the local governing body; or(ii) Within thirty (30) days from the date the matter is referred.
(i) The next scheduled meeting of the local governing body; or
(ii) Within thirty (30) days from the date the matter is referred.
(B) If the local government official and the private professional provider are unable to resolve a dispute on matters concerning state law or state adopted building codes, the matter shall be referred to the Department of Labor and Licensing, which shall consider the matter by whichever occurs first:(i) The next scheduled meeting of the local governing body; or(ii) Within thirty (30) days from the date the matter is referred.
(i) The next scheduled meeting of the local governing body; or
(ii) Within thirty (30) days from the date the matter is referred.
(e) The Department of Labor and Licensing may promulgate rules to implement this section.