Update: Update: The Notice of Rulemaking for the permanent rules for Third Party Inspections and Plan is available here. The hearing is 01/03/2025 at 10:00AM/CT at 500 James Robertson Parkway, Conference Room 1A.
TN State Fire Marshal’s Office implemented emergency rules effective October 1, 2024 for Third Party Review. The rules will remain in effect remain in effect until March 23, 2025. The The Department of Commerce and Insurance, which houses the Division of Fire Prevention, adopted emergency rules to address Public Chapter No. 771 (2024), which allows individuals to utilize Tennessee registered engineers, Tennessee registered architects, and other certified professionals that are registered with the Division to perform third party plans review and third-party inspections in lieu of utilizing a local inspector. The act took effect October 1, 2024.
The rules establish the registration requirements and procedures for the use of third-party plans examiners and third party inspectors to submit their plans and inspection reports to the Division after the local review process has been exhausted. Public Chapter No. 771 allows a person, or a person’s designee, to submit plans or inspection documents to the Division for review if a jurisdiction fails to perform within ten (10) business days of receipt of plans review documents or inspection reports. The rules establish the Division’s fees for review of third-party plans and third-party inspections.
The State Fire Marshal established a Third Party Registry Page to provide information about the regulations and rules for Third Party Review per Public Chapter 771 that was passed during the 2024 legislative session. Information on the SFMO website includes FAQ, application for third-party registrants, third-party registry list, and more.
If you have specific questions for a local jurisdiction, please contact the local jurisdiction. If you have specific questions for the State Fire Marshal’s Office (“SFMO”), please contact Director Chris Bainbridge at Christopher.bainbridge@tn.gov.
NOTE: AIA Tennessee recommends any architects interested in applying as a third-party reviewer to contact their professional insurance provider for liability coverage information.
How does the Third Party Process Work?
The new third-party regulations only apply in exempt jurisdictions for commercial and residential building codes, and electrical codes. A list of commercial code exempt jurisdictions may be found here. Residential code exempt jurisdictions may be found here. Electrical code exempt jurisdictions may be found here. In exempt jurisdictions, a designer or contractor may choose to use a registered third-party for plans examinations or inspections. The jurisdiction determines the documents required for submission.
For plans review, the following documentation shall be provided:
a) The building name, the intended address, and the local jurisdiction of the structure;
b) The third-party’s name and registration number;
c) A sworn statement under penalty of perjury by the third-party declaring that the plans comply with the applicable codes and that no deficiencies remain;
d) A statement of the applicable codes of the local jurisdiction and the codes used to perform the plans examination;
e) The occupancy classification of the structure; and
f) Other information as the SFMO may require.
For inspections, the following documentation shall be provided:
a) A copy of any building inspection report for the structure;
b) Any approved plans and fire safety codes;
c) The building name, location, and jurisdiction of the structure;
d) The third-party plans inspector’s name and registration number;
e) The type of inspection conducted;
f) A sworn statement under penalty of perjury by the third-party that states no deficiencies of the applicable codes were identified or identifies all deficiencies of the applicable code;
g) A statement of the applicable codes of the local jurisdiction;
h) The occupancy classification for which the structure was inspected; and
i) Other information as the SFMO may require.
The jurisdiction then has ten (10) business days to respond to the submission. The jurisdiction’s response will state whether the documents are approved, denied for noncompliance, or if more information is needed.
If a local jurisdiction does not respond within ten (10) business days, the third-party may then submit to the SFMO here for buildings under commercial codes. For buildings under residential codes or for electrical inspections, the third-party may submit here. The SFMO then has ten (10) business days to respond. The SFMO’s response will include whether the documents are approved, denied for noncompliance, or if more information is needed.
(SOURCE: Third Party Plans & Examinations FAQ page: https://www.tn.gov/commerce/fire/3rd-party/faq.html)