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State’s New Private Permitting and Inspection Law

Earlier this year, HB 493 amended Georgia Code regarding Private Plan Review and Inspections, creating a new law, known and cited as the Private Permitting Review and Inspection Act

AGC Georgia and the American Council of Engineering Companies (ACEC) Georgia worked with the Association County Commissioners of Georgia (ACCG) and the Georgia Municipal Association (GMA) on this legislation for several years. We are grateful for the support of many others including our primary bill sponsors, Representative Kevin Tanner and Senator Mike Dugan.

Stakeholders felt the construction industry needed a viable option for plan review and inspection services when local governments either can’t or won’t provide timely service. HB 493 changes the statutory time frame for local government private plan review from 30 business days (6 weeks) to 30 days (4 weeks). HB 493 also changes the statutory fee structure collected when a governmental entity does not provide the plan review or inspection services.

Under prior law, the governmental entity collected 100 percent of the fee, even though they are not providing the plan review or inspection services. HB 493 amends this fee structure, allowing the governmental entity to collect only 50 percent of the normal fee, if they cannot provide plan review within 30 days.

HB 493 requires local governments, which impose regulatory fees or requirements, to establish and make available a list of all fees/ requirements and all the documentation required of an applicant to have a complete application. The local government has 5 business days after receipt to notify the applicant whether an application is complete.

Once the application is determined to be complete, the local government must inform the applicant whether the construction plan review can be completed within 30 days (this includes the 5 business days to determine application completeness) for plan review, or within 2 business days for inspection, after receiving a valid written request for inspection.

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