Tennessee has enacted a significant change to its regulatory framework for design and construction. Public Chapter 771, passed in 2024, authorizes the use of qualified third-party professionals to conduct plan review and building inspections when the local authority fails to act within required timeframes. The law becomes even more consequential when paired with the State Fire Marshal’s Office emergency rules, and establishes the procedures, qualifications, and responsibilities for third-party reviewers and inspectors. Combined, these changes represent a substantial shift in how Tennessee handles plan approval and code compliance, creating new areas of potential exposure for architectural and engineering firms.

Historically, Tennessee relied almost exclusively on local building departments for plan review and inspection services. The legislature sought to rectify permitting delays by creating a mechanism for owners and contractors to engage registered third-party professionals when local inspectors do not respond promptly. Under the new law, if a local government fails to complete a plan review or required inspection within the statutory period, the project may proceed using a third-party reviewer or inspector who is registered with the State Fire Marshal.

To qualify as a third-party reviewer, a professional must be a Tennessee-licensed architect or engineer (or otherwise certified for the specific type of code review at issue) and must complete a state registration process. The rules impose detailed documentation requirements and obligate the reviewer/inspector to submit affidavits confirming that the plans, work, or inspection findings are code compliant. This new requirement is a major development because it elevates the reviewer’s role to a legally recognized compliance certification with potential exposure if the reviewer’s conclusions are later challenged.

The rules also place new procedural responsibilities on local authorities. Before a third-party review can be used, the local jurisdiction must be notified and given a fixed number of business days to complete its own review. If the jurisdiction still does not act, the third-party review becomes valid for permitting purposes and the project can proceed. Once a third-party inspection or review has been submitted to the local authority or the State Fire Marshal, the jurisdiction is required to accept or reject it within a defined timeframe.

For design professionals, the change offers both potential business opportunities and heightened professional risk. Firms that choose to register as third-party reviewers may be able to expand their services and provide valuable relief in jurisdictions with lengthy wait times. However, the certification and sworn-statement requirements also carry real liability implications. Architects and engineers serving in these roles will be directly responsible for the accuracy of code compliance conclusions, and their opinions will become part of the official permitting record.