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Why Third Party Inspection Agencies Succeed or Fail in Municipal Building Departments

A drift in another thread sparked this article. A discussion about the future of building officials turned to third-party agencies and what they actually bring to the table. Instead of letting this stay scattered across a long conversation, I decided to take the entire subject and put it into a single, complete explanation based on what I have experienced firsthand.

My background with third-party agencies is not theoretical. I owned one. My company served as the building department for several small municipalities at the same time. I was the building official for seven or eight jurisdictions at once, each of them too small to support its own staff. We handled plan review, inspections, code enforcement, and administration. That experience showed me the real benefits of third-party agencies, but it also showed me the structural problems that many people never see.

There is a misconception that small municipalities rely on third-party agencies because they lack tax revenue. That is not the issue. In many states, a building department is structured to operate like an enterprise fund, meaning permit fees support the operation. The real problem is that these towns do not have enough building permit activity to justify hiring someone with the full range of certifications required by law. Even if they hired such a person, there would not be enough daily work to keep them busy. Staff would spend long stretches of the day with nothing to do, while the municipality continues to pay full-time wages and benefits.

This is where a third-party agency becomes practical. As an owner, I could combine the work from several small towns and keep a full-time staff busy. Each municipality received access to a functional, competent building department that operated every business day. They could call during normal hours, schedule inspections daily, get a timely plan review, and speak to a qualified building official. They received the same level of service that a much larger city would provide without having to support that staffing level themselves. That is the true value of the model for very small jurisdictions.

The model only works when the agency is run with discipline. I made deliberate decisions to avoid overextending my company. I turned down contracts because accepting them would have lowered the quality of service or forced me to hire people who were not the right fit. Many agencies do the opposite. They chase every contract they can find and hire anyone who manages to pass a test. They send them into the field with minimal oversight and hope that problems do not surface. Others take a more political route. They do whatever elected officials want, even when it violates state law, just to keep their contract. That approach destroys enforcement and damages public safety.

My company did not operate like that. I refused to break the law or ignore state requirements to keep local officials happy. I lost contracts because of those decisions. I accepted that outcome. Equal enforcement creates friction, and integrity comes with a price, but compromising the law was never an option.

Where I work now, we use a hybrid system. I maintain a core group of in-house staff, and we use a third-party agency as an adjunct. They help when the workload spikes, they perform inspections when needed, and they assist with plan review. For the past few years, we have also used two of their employees on a full-time basis under our contract. Others come in on an as needed basis. Some days they perform four inspections, other days eighteen, then they leave. It gives us the flexibility we would not have otherwise.

Turnover is the biggest weakness of third-party agencies. When a good inspector shows up and proves themselves competent, they often leave for a municipal job because the benefits are better and the pay is competitive or even higher. Others leave for competing agencies offering a slightly better deal. That creates an expensive cycle of retraining. Every new person needs to learn our software, our procedures, and our expectations. After enough cycles of that, the cost adds up quickly.

It reached the point where we had to contract with a second third-party agency because the first one could no longer provide consistent staffing. That is a sign of the pressure agencies are under and the instability that comes with rapid turnover.

Today, based strictly on workload and budget, I could likely justify running an entirely in-house department. The one thing that keeps me from eliminating third-party assistance is long-term coverage gaps. When one of my key staff members was out for two and a half months with an illness, I had to do my job and his job because the agency did not have a full-time replacement available. Third parties are excellent for short-term needs, but they do not always have the depth to cover extended absences.

The town where I currently work also shows the consequences of relying exclusively on third-party agencies without proper oversight. For almost twenty years, the town outsourced nearly everything. The agencies provided the minimum and often operated with too few people. Contractors became accustomed to almost no enforcement. When the town finally hired an in-house building official and inspectors with the proper discipline-specific certifications, enforcement returned to normal, and the construction community was stunned. They had been working in an environment that had felt like an unregulated frontier. That is the result of poor oversight and low expectations.

It is important to acknowledge that a lack of integrity is not limited to third-party agencies. There are municipal building departments that fail to provide competent service, either through indifference, politics, or lack of leadership. There are municipal building officials who are not qualified to manage the department they oversee. In those cases a well managed third-party agency is not a downgrade. It is an improvement. When the local culture or leadership is the problem, bringing in an outside agency with competent staff and clear procedures can elevate the quality of enforcement and restore professionalism.

None of this means that third-party agencies are inherently good or bad. They are a tool. Whether they improve or damage a municipality depends entirely on how they are used. A third-party agency works when it operates under strong leadership, clear expectations, and real oversight from a competent building official or municipal manager who understands the code and insists on enforcement. A third-party agency fails when it is left to run itself, when elected officials try to micromanage enforcement, or when the agency prioritizes contract retention over public safety.

The financial argument is often exaggerated. Agencies advertise cost savings, but when you compare a full-service building department to a full-service contract, the savings rarely survive an honest analysis. Contract administration, software integration, management time, repeated training, and the hidden cost of inconsistent enforcement all reduce or eliminate the supposed savings. The only time a third party clearly saves money is when a municipality would otherwise be paying in-house staff to sit idle due to low permit volume.

Third-party agencies absolutely have a place in this profession. They serve small towns that cannot justify their own staff, they provide coverage when workload spikes, they help when a department loses an employee, and they bring technical depth that some municipalities simply cannot maintain internally. They are an important option. But they are not the future of building departments on their own, and they are not a substitute for professional leadership.

My experience on both sides taught me that the deciding factor is integrity. With it, a third-party agency can strengthen a municipality. Without it, the damage spreads quickly. A contract cannot replace a conscience. When integrity exists and when oversight exists, third-party agencies can serve the public well. When they are used to avoid accountability or to replace competent leadership, the results speak for themselves.
 
Jeff, I agree with your final paragraph 100%. INTEGRITY must be a core value.

However, I have discovered that all 3rd party (private) inspection companies' have a common top core value, (or top priority). And it is PROFIT.

Whereas, municipal or county building departments are tasked to place Fire/Life/Safety above profit. Yes, the budget is very important. And yes, politics and policies can be an encumbrance. But because these are never the top consideration, I have experienced the highest integrity and lasting satisfaction.
 
The profit motive is a double edged sword. I would argue that on some levels even AHJ's have a "profit" motive. They have budgets, they have to answer to finance departments etc. However while a 3rd party may have budget as a primary motive, and AHJ may not. Typically, in my experience, neither will ever admit profit is a primary motive but both, as a matter of continued existence, must pay close attention to it.

Profit breeds efficiency, which is what both entities should strive for. The issue is when profit over rules the primary objective, and IMO that is more likely in a 3rd party organization, though not exclusive, and not true in all cases. I have never personally experienced that, but I know on levels above my pay grade those discussions take place. On one side you might have the bean counters, who wouldn't know a code book from a phone book. On the other side you have code officials, who can barely balance their own personal budgets, let alone think about the bigger picture. In a good organization I think there is someone in the middle, someone who knows the difference between a code book and phone book, and someone who knows from experience when efficiency is lacking, and when code administration is lacking. Someone who can recognize when questions need to be asked, and can weed through each sides answers. Someone who understands that without profit there is no company to sell the product, and that without code compliance there is no product to sell.

I have seen AHJ's and 3rd party organizations where code officials waste resources. I have seen both push for too much efficiency and compromise where they shouldn't. I have seen both push too much work in too little time. I firmly believe both entities rely on the integrity of the individuals in their given roles, and when either organization allows lapses in that integrity problems arise.

Bean counters do not lack integrity because they want more beans. More beans are their reason for existence and without the beans their is no money to pay the code officials. Code officials don't lack integrity when they think about how efficient they can and should be as long as the result is solid code administration. I think both types of organizations should have bean counters, and both should have strong code officials willing to worry about code first, and beans second. In my experience neither entity has a monopoly on the integrity required for success.

Now, I think I'll have a bean burrito for breakfast.
 
Not sure how to read the chart. Meaning you have an 8 month shortfall? Or 8 months of remaining revenue over what you thought you would have for the year?
 
I find the typical view is that the free market will provide the best services for the best possible price. But people forget the law of capitalism is that a company has a fiduciary responsibility to generate the most revenue possible. Sometimes people gum that up by having pesky morals and integrity. but normally what this means for 3rd party inspections is that if minimum standards are not put into place (either legislatively or in the contract), the company is incentivized to do the worst job possible for the most money possible. Companies that have integrity and morals are at a market disadvantage from competing with those that do not. In my mind, that is the core of the issue.
 
A drift in another thread sparked this article. A discussion about the future of building officials turned to third-party agencies and what they actually bring to the table. Instead of letting this stay scattered across a long conversation, I decided to take the entire subject and put it into a single, complete explanation based on what I have experienced firsthand.

My background with third-party agencies is not theoretical. I owned one. My company served as the building department for several small municipalities at the same time. I was the building official for seven or eight jurisdictions at once, each of them too small to support its own staff. We handled plan review, inspections, code enforcement, and administration. That experience showed me the real benefits of third-party agencies, but it also showed me the structural problems that many people never see.

There is a misconception that small municipalities rely on third-party agencies because they lack tax revenue. That is not the issue. In many states, a building department is structured to operate like an enterprise fund, meaning permit fees support the operation. The real problem is that these towns do not have enough building permit activity to justify hiring someone with the full range of certifications required by law. Even if they hired such a person, there would not be enough daily work to keep them busy. Staff would spend long stretches of the day with nothing to do, while the municipality continues to pay full-time wages and benefits.

This is where a third-party agency becomes practical. As an owner, I could combine the work from several small towns and keep a full-time staff busy. Each municipality received access to a functional, competent building department that operated every business day. They could call during normal hours, schedule inspections daily, get a timely plan review, and speak to a qualified building official. They received the same level of service that a much larger city would provide without having to support that staffing level themselves. That is the true value of the model for very small jurisdictions.

The model only works when the agency is run with discipline. I made deliberate decisions to avoid overextending my company. I turned down contracts because accepting them would have lowered the quality of service or forced me to hire people who were not the right fit. Many agencies do the opposite. They chase every contract they can find and hire anyone who manages to pass a test. They send them into the field with minimal oversight and hope that problems do not surface. Others take a more political route. They do whatever elected officials want, even when it violates state law, just to keep their contract. That approach destroys enforcement and damages public safety.

My company did not operate like that. I refused to break the law or ignore state requirements to keep local officials happy. I lost contracts because of those decisions. I accepted that outcome. Equal enforcement creates friction, and integrity comes with a price, but compromising the law was never an option.

Where I work now, we use a hybrid system. I maintain a core group of in-house staff, and we use a third-party agency as an adjunct. They help when the workload spikes, they perform inspections when needed, and they assist with plan review. For the past few years, we have also used two of their employees on a full-time basis under our contract. Others come in on an as needed basis. Some days they perform four inspections, other days eighteen, then they leave. It gives us the flexibility we would not have otherwise.

Turnover is the biggest weakness of third-party agencies. When a good inspector shows up and proves themselves competent, they often leave for a municipal job because the benefits are better and the pay is competitive or even higher. Others leave for competing agencies offering a slightly better deal. That creates an expensive cycle of retraining. Every new person needs to learn our software, our procedures, and our expectations. After enough cycles of that, the cost adds up quickly.

It reached the point where we had to contract with a second third-party agency because the first one could no longer provide consistent staffing. That is a sign of the pressure agencies are under and the instability that comes with rapid turnover.

Today, based strictly on workload and budget, I could likely justify running an entirely in-house department. The one thing that keeps me from eliminating third-party assistance is long-term coverage gaps. When one of my key staff members was out for two and a half months with an illness, I had to do my job and his job because the agency did not have a full-time replacement available. Third parties are excellent for short-term needs, but they do not always have the depth to cover extended absences.

The town where I currently work also shows the consequences of relying exclusively on third-party agencies without proper oversight. For almost twenty years, the town outsourced nearly everything. The agencies provided the minimum and often operated with too few people. Contractors became accustomed to almost no enforcement. When the town finally hired an in-house building official and inspectors with the proper discipline-specific certifications, enforcement returned to normal, and the construction community was stunned. They had been working in an environment that had felt like an unregulated frontier. That is the result of poor oversight and low expectations.

It is important to acknowledge that a lack of integrity is not limited to third-party agencies. There are municipal building departments that fail to provide competent service, either through indifference, politics, or lack of leadership. There are municipal building officials who are not qualified to manage the department they oversee. In those cases a well managed third-party agency is not a downgrade. It is an improvement. When the local culture or leadership is the problem, bringing in an outside agency with competent staff and clear procedures can elevate the quality of enforcement and restore professionalism.

None of this means that third-party agencies are inherently good or bad. They are a tool. Whether they improve or damage a municipality depends entirely on how they are used. A third-party agency works when it operates under strong leadership, clear expectations, and real oversight from a competent building official or municipal manager who understands the code and insists on enforcement. A third-party agency fails when it is left to run itself, when elected officials try to micromanage enforcement, or when the agency prioritizes contract retention over public safety.

The financial argument is often exaggerated. Agencies advertise cost savings, but when you compare a full-service building department to a full-service contract, the savings rarely survive an honest analysis. Contract administration, software integration, management time, repeated training, and the hidden cost of inconsistent enforcement all reduce or eliminate the supposed savings. The only time a third party clearly saves money is when a municipality would otherwise be paying in-house staff to sit idle due to low permit volume.

Third-party agencies absolutely have a place in this profession. They serve small towns that cannot justify their own staff, they provide coverage when workload spikes, they help when a department loses an employee, and they bring technical depth that some municipalities simply cannot maintain internally. They are an important option. But they are not the future of building departments on their own, and they are not a substitute for professional leadership.

My experience on both sides taught me that the deciding factor is integrity. With it, a third-party agency can strengthen a municipality. Without it, the damage spreads quickly. A contract cannot replace a conscience. When integrity exists and when oversight exists, third-party agencies can serve the public well. When they are used to avoid accountability or to replace competent leadership, the results speak for themselves.
What happened to your third-party company after you moved?
 
Government in all of it's forms rewards the ordinary and shuns the extraordinary. Government agencies have a stated purpose that takes a back seat to maintaining the workforce and increasing the budget.
Third party building dept. personnel are a tool... a sort of motor pool for people.

My experience with third party inspectors is not similar to what the people that frequent this forum have enjoyed. With that knowledge, I find myself to be a fish out of water however, I will say that it is worth watching this thread play out.
 
In 4 ish months I have covered my budget for the year...."Profit" is not the problem...

But your example illustrates the problem in your town -- and in the state. Building code enforcement is part of the police power of the government. Building departments should not be run as profit centers ("cash cows') any more than police departments should establish ticket quotas as a means of generating income. Yet most municipalities in this state DO run the building departments as profit centers. I analyzed five years worth of annual reports for thirty different municipalities. There were a few outliers, very small downs in the most rural corner of the state, and the others all took in far more in permit fees than they allocated to running the departments. Most seem to give back between 50% and 67% -- my own home town was by far the worst of those I looked at. We give the department only 25% of the permit fee revenue to run the department.

The way it's supposed to work is, indeed, on an "enterprise model." Fees should cover the cost of running the department. If a municipality is bringing in fees equal to twice the annual budget of the building department consistently, over a period of five years -- that's proof that the municipality is cheating. The makes permit fees into a discriminatory tax -- and I believe that's unconstitutional.

Here's one page of my analysis spreadsheet:

1763411434004.png
 
But your example illustrates the problem in your town -- and in the state. Building code enforcement is part of the police power of the government. Building departments should not be run as profit centers ("cash cows') any more than police departments should establish ticket quotas as a means of generating income. Yet most municipalities in this state DO run the building departments as profit centers. I analyzed five years worth of annual reports for thirty different municipalities. There were a few outliers, very small downs in the most rural corner of the state, and the others all took in far more in permit fees than they allocated to running the departments. Most seem to give back between 50% and 67% -- my own home town was by far the worst of those I looked at. We give the department only 25% of the permit fee revenue to run the department.

The way it's supposed to work is, indeed, on an "enterprise model." Fees should cover the cost of running the department. If a municipality is bringing in fees equal to twice the annual budget of the building department consistently, over a period of five years -- that's proof that the municipality is cheating. The makes permit fees into a discriminatory tax -- and I believe that's unconstitutional.

Here's one page of my analysis spreadsheet:

View attachment 17115
The opposite of Progress is Congress....So therefore the opposite of Constitution is.....

That's the first thing to make me smile today....
 
What happened to your third-party company after you moved?
I ran it from Florida, doing plan review and taking phone calls remotely while my staff continued in the trenches, until the small town politics got the best of me, then I cancelled contracts and just closed shop. I swore I would never be a building official ever again, then this happened.
 
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