Did Gretna have to accept private third-party building inspections instead of city inspections?

Plain-English summary

Gretna asked whether state law required it to accept inspections by certified third parties instead of inspections by the city's Code Enforcement Department. The 2013 opinion concluded the city was not required to make that substitution. The statutes allowed municipalities and parishes to contract with certified providers for code services, but the AG read that choice as discretionary.

The opinion recognized separate statutory authority for certain contractors and homeowners to arrange third-party code review. Its answer was about whether Gretna had to accept those inspections in place of its own, and the AG found no such mandatory replacement rule.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

City code departments

The AG said Gretna could contract for third-party inspection services but was not required to replace its own inspections under the provisions it analyzed.

Contractors and property owners

The opinion acknowledged that qualifying contractors and homeowners could make agreements with certified third-party providers. It did not treat that permission as a command to the city to abandon its inspections.

Common questions

Did Gretna have to accept a private inspection instead of doing its own?

The AG said no mandatory substitution appeared in the cited statutes.

Could the city contract with certified third-party inspectors?

Yes. The opinion described statutory authority for a voluntary city agreement.

Did the opinion say homeowners could never hire a certified inspector?

No. It recognized a separate provision for certain homeowners and contractors to arrange third-party services.

Background and statutory framework

La.Rev.Stat. 40:1730.40(C) addressed local construction-code authority, while La.Rev.Stat. 40:1730.24 permitted governmental and qualified private agreements for code review and inspection. The AG found neither provision required Gretna to accept third-party work in place of municipal inspection.

Citations

• La.Rev.Stat. 40:1730.40(C): municipal code-enforcement provision.
• La.Rev.Stat. 40:1730.24: optional third-party service agreements.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0129

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

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NPARTMINTOF JUSTICE
P.O. BOX 94005
BATON KOUGE
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ArTDRN'Ey'GENERAl
SEP 242013
Opinion 13-0129

61 LAWS - General
Mr. Mark C. Morgan
La.Rev.Slat. 40:1730.40(C)
City Attorney
230 Huey P. Long Avenue
La.Rev.Stat. 40:1730AO(C) does not require the City to
accept third party inspections in place of inspections
Gretna, LA 70053
conducted by theCity's Code Enforcement Department.

Dear Mr. Morgan:

Your request for an Attorney General's Opinion has been assigned to me for research and reply. On behalf of the City of Gretna ("City"), you have asked for our office's opinion on a matter related to La.Rev.Stat. 40:1730.40(C). Specifically, you ask for our opinion as to whether La.Rev.Stat. 40:1730.40(C) requires the City to accept third party inspections in place of inspections conducted by the City's Code Enforcement Department.

La.Rev.Stat. 40:1730.40(C) provides the following:

§ 1730.40. Municipalities and parishes; home rule charter

C. Nothing in this Section shall allow any local government to avoid enforcement or otherwise amend any of the mandatory construction code provisions required by R.S. 40:1730.28 or prohibit commercial and residential contractors or homeowners from using certified third-party providers pursuant to R.S. 40:1730.24.

La.Rev.Stat. 40:1730.24 allows municipalities and parishes to contract with certified third party providers to issue permits and enforce the state uniform construction code.
La.Rev. Stat. 40:1730.24 provides as follows:

§ 1730.24. Agreements with other governmental entities for provision of services; private agreements

A. Municipalities and parishes may establish agreements with other governmental entities of the state or certified third-party providers to issue permits and enforce the state uniform construction code in order to provide the services required by this Part. In the event of the establishment of such an agreement, the maximum fees applicable to the

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Opinion 13-0129
Mr. Mark C. Morgan
Page -2­

issuance of permits and the enforcement of the code shall be established by the governing body of the municipality or parish. The council may assist in arranging for municipalities, parishes, or certified third-party providers to provide the services required by this Part to other municipalities or parishes if a written request from the governing body of the municipality or parish is submitted to the council.

B. Commercial and residential contractors and homeowners who are excepted from the contractor licensing law under R.S. 37:2170 may establish agreements with certified third-party providers to conduct plans review and inspections and enforce the state uniform construction code.
On and after January 1, 2007, a third-party provider shall meet the requirements imposed by the council for certificates of registration; however, beginning January 1, 2008, upon application and fulfillment of all other requirements necessary to obtain a certificate of registration, a third­ party provider who is a Louisiana licensed architect or engineer shall be granted a certificate of registration without certification by a recognized code organization. Once the council meets for the first time, certified third­ party providers shall notify the council of their intention to do business within the state, and the council shall maintain a listing of all certified third­ party providers.

C. Municipalities and parishes that establish agreements with other governmental entities of the state or certified third-party providers to enforce the state uniform construction code shall not impose a fee for inspections not performed by the municipality or parish if a fee for the inspection was collected by the governmental entity or third-party provider that actually performed the inspection.

Our reading of La.Rev.Stat. 40:1730.40(C) and La.Rev.Stat. 40:1730.24 fails to reveal any mandatory requirement that municipalities and parishes accept third party inspections in place of inspections conducted by their respective code enforcement departments. In our view, La.Rev.Stat. 40:1730.40(C) and La.Rev.Stat. 40:1730.24 simply authorize municipalities and parishes to contract with certified third-party providers to issue permits, enforce the state uniform construction code, and provide other related services. Such authority is discretionary. Further, it appears that the provision of La.Rev.Stat. 40:1730.40(C) concerning the use of certified third-party providers refers to the scenarios described in La.Rev.Stat. 40:1730.24(B). In such instances, a commercial contractor, residential contractor, or homeowner may establish agreements with certified third-party providers to conduct plans review, inspections, and enforce the state uniform construction, provided such contractor or homeowner is exempt from the contractor licensing law pursuant to La.Rev.Stat. 37:2170. However, as stated before, our reading of these provisions fails to reveal any mandatory requirement

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Opinion 13-0129
Mr. Mark C. Morgan
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that municipalities and parishes accept third party inspections in place of inspections conducted by their respective code enforcement departments.

As such, it is the opinion of this office that La.Rev.Stat. 40:1730.40(C) does not require the City to accept third party inspections in place of inspections conducted by the City's Code Enforcement Department.

We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

Yours very truly,

JAMES "BUDDY" CALDWELL
ATIO NE GENERAL

BY:
. VALLAN ttorney General

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