City Council:
AN ORDINANCE AUTHORIZING THE USE OF
THIRD-PARTY BUILDING INSPECTORS TO
ADDRESS THE BACKLOG OF BUILDING
INSPECTIONS IN THE CITY OF MOUNT VERNON
Whereas, in correspondence dated July 10, 2025, the Commissioner of the Department of Buildings formally requested authorization for the Department of Buildings to implement a third-party building inspection program to address the current backlog of building inspections and to support timely enforcement of the Uniform Code; and
Whereas, the City of Mount Vernon is required to enforce the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) and the New York State Energy Conservation Construction Code (the “Energy Code”) pursuant to Title 19 of the New York Codes, Rules and Regulations (NYCRR); and
Whereas, the New York State Department of State (NYSDOS), following a formal audit requested by the City, issued a letter dated April 15, 2024, identifying deficiencies in the City's inspection and enforcement practices and recommending improvements, including resuming and implementing fire safety and property maintenance inspections for Public Assembly, Multiple Dwelling, and Nonresidential occupancies; and
Whereas, the City has responded in part by outsourcing Multiple Dwelling inspections, and the Department of Buildings provided temporary assistance with Public Assembly inspections until the Fire Department assumed responsibility as of February 2025; and
Whereas, as a result of the temporary reassignment of resources and continuing personnel shortages, the Department of Buildings currently faces a backlog exceeding 1,700 inspections; and
Whereas, Section 1203.2(d) of Title 19 NYCRR permits jurisdictions to contract with qualified third-party individuals or firms to carry out building safety inspections, provided such individuals meet qualification standards comparable to those under Part 1208 of Title 19; and
Whereas, third-party inspectors may not issue permits, certificates, orders, or other official documents, which must remain the responsibility of public officers of the authority having jurisdiction; and
Whereas, the City recognizes the urgent need to meet Uniform Code enforcement obligations and to provide timely inspections to the business community, property owners, and developers; and
Whereas, the City has successfully utilized third-party consultants in other disciplines including electrical, plumbing, and plan review, and wishes to extend this model temporarily and optionally to building inspections; Now, Therefore, Be It Resolved That
The City of Mount Vernon, in City Council convened, does hereby ordain and enact:
Section 1. Authorization. The Department of Buildings (“DOB”) is hereby authorized to implement a third-party building inspection program to address the current backlog of building inspections and to support timely enforcement of the Uniform Code.
Section 2. Establishment of Third-Party Inspection Program.
(a) The Commissioner of the Department of Buildings shall issue a Request for Qualifications (RFQ) for qualified third-party inspection providers.
(b) The City shall approve and maintain a list of no more than three (3) pre-qualified third-party inspectors or inspection firms to provide services under this program.
(c) All third-party inspectors must meet or exceed the requirements of Part 1208 of Title 19 NYCRR and possess active certifications recognized by the State of New York.
Section 3. Limitations on Authority.
(a) Third-party inspectors may conduct field inspections and provide reports, but may not issue permits, certificates of occupancy, compliance, or any other official documents related to Code enforcement.
(b) All final approvals and enforcement actions shall remain the sole responsibility of City-authorized officers.
Section 4. Program Structure and Implementation.
(a) The third-party inspection program shall be implemented in two phases:
• Phase I (Backlog Phase): Constituents may elect to use third-party inspectors to expedite legacy inspections affected by the backlog.
• Phase II (Ongoing Optional Use): Upon reduction of the backlog to acceptable levels, the program will transition into an optional service available to all constituents for new inspections.
(b) The program shall be voluntary, and constituents may choose whether to utilize third-party inspection services or follow the standard scheduling process through the DOB.
(c) There shall be no cost to the City for third-party inspection services. All fees, if any, shall be arranged between the constituent and the approved inspection provider.
Section 5. Reporting and Compliance.
(a) All third-party inspectors must submit their reports using forms and formats approved by the Department of Buildings.
(b) The DOB shall retain oversight of all submitted reports and ensure enforcement actions, if required, are initiated appropriately.
(c) The Department shall annually review the performance of third-party providers and may remove or replace providers for cause.
Section 6. Effective Date. This Ordinance shall take effect immediately upon approval by the City Council and shall remain in effect unless repealed or amended by subsequent action of the City Council.