Code of the District of Columbia

§ 6–1405.04. Third party inspections.

(a) The Mayor shall allow the Department to accept reports of inspection by qualified third party inspectors for work performed pursuant to a building permit.

(b) The Mayor may promulgate rules to establish the minimum qualification requirements for third party inspectors, the selection of third party inspectors, and other matters related to the administration and oversight of third party inspectors.

(c) The Mayor may promulgate rules to ensure that a third party inspector does not have any conflicts of interest that could potentially affect the objectivity or reliability of the inspection report, including regarding the following situations:

(1) Any person or entity who has performed any work for a project for which the property owner or the authorized agent has elected to use third party plan reviewers, including reviewers of architectural and structural plans, mechanical plans, plumbing plans, and electrical plans, shall not be eligible to serve as a third party inspector for any component on the project. This prohibition shall also apply to affiliates of the person or entity who has performed the work.

(2) A third party inspector shall be hired by the project owner; provided, that the individual shall not have any contractual relationship with the general contractor, construction manager, a subcontractor, or other person who has performed work on the project.

(3) The third party inspector shall not enter into a contract for inspection of a project if the individual determines that there may be a conflict with the qualifications specified in this section and shall disclose any potential conflicts of interest that may arise at any time between the third party inspector and the project or parties connected to the project.

(d) The third party inspector certification may be revoked by the Director for failure to comply with the requirements of this section or rules promulgated pursuant to this section.

(e) This section shall not be construed to violate, cancel, or set aside any provisions of the Construction Codes or to relieve any person of any obligations or liabilities otherwise existing under law.

(f) The Department may establish an online platform that may, at the Director's discretion, serve as the exclusive mechanism by which an individual or entity may hire a third-party inspector to perform an inspection authorized by this section. The Department may charge a fee for the use of the online platform by an individual or entity and by the third-party inspectors.

(Mar. 21, 1987, D.C. Law 6-216, § 6d; as added June 25, 2002, D.C. Law 14-162, § 101, 49 DCR 4438; May 18, 2016, D.C. Law 21-118, § 5(g), 63 DCR 4645; Dec. 3, 2020, D.C. Law 23-149, § 6062, 67 DCR 10493.)

Editor's Notes

Section 301 of D.C. Law 14-162 provided: “Pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Mayor may issue rules to implement the provisions of this act.”