HomeMy WebLinkAboutOrdinances 24-10-567 - 10/07/2024 - Amend Chapter 10 - Third Party Inspection and Plan ReviewSTATE OF GEORGIA
COUNTY OF FULTON ORDINANCE 24-09-567
AN ORDINANCE TO AMEND CHAPTER 10 OF THE CODE OF ORDINANCES OF
THE CITY OF MILTON, GEORGIA BY ADDING ARTICLE V, THIRD PARTY
INSPECTION AND PLAN REVIEW, TO PROVIDE REQUIREMENTS FOR
PREQUALIFICATION OF PRIVATE PERMITTING REVIEW AND INSPECTION; TO
PROVIDE AN EFFECTIVE DATE; TO REPEAL ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES
WHEREAS, Article IX, Section II , Paragraph I of the Constitution of the State of Georgia grants
the governing authority of each City the legislative power to adopt clearly reasonable ordinances,
resolutions, or regulations relating to its property, affairs, and local government for which no
provision has been made by general law and which is not inconsistent with the constitution or any
local law applicable thereto ;
WHEREAS, pursuant to O.C.G.A. § 8-2-26 (g) (hereinafter the "State Act"), City of Milton is
authorized to prequalify any private professionals prior to such professionals completing plan
review and inspection services for permit applicants who have selected a third party provider ;
WHEREAS , the City of Milton wishes to adopt regulations regarding the pre-qualification of third
party inspectors and third party plan reviewers pursuant to the State Act.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MILTON, GEORGIAAS FOLLOWS:
Section 1. Chapter 10 of the Code of City of Milton, Georgia is hereby amended by adding a
new Article V as set fo11h in Exhi bit A which is attached hereto .
Section 2. All other ordinances shall continue in full force and effect and shall remain
unaffected , except where such ordinance , or part thereof, conflicts herewith, in which case such
ordinance, or part thereof, is hereby repealed.
Section 3. It is the express intent of the City of Milton that this Ordinance be consistent with
both federal and state law. If any provision of this Ordinance or the application thereof to any
person or circumstances is held invalid , such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid prov1s10n or
application, and to this end the provisions of this Ordinance are declared severable.
Section 4. This Ordinance shall become effective immediately upon adoption.
[SIGNATURES ON FOLLOWING PAGE]
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so ORDAINED this 1-+_1_ day o f Oc,,+06-e v--
safety, and welfare demanding it.
Appro ved :
Attest :
, 2024 , the public 's health ,
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Exhibit A
Article V -THIRD PARTY INSPECTION AND PLAN REVIEW
Sec. 10-400. -Definitions.
For purposes of this third party inspection and plan review ordinance, the following definitions
shall apply unless the context clearly indicates otherwise:
Approved third party inspectors and plans reviewer list. A list maintained by the Community
Development Department comprised of the names of approved third party inspectors and plans
reviewers that have complied with the application and renewal requirements of the City of Milton
Third Party Inspection and Plans Review Program and have been approved to perform third party
inspections and plans review pursuant to this article of the City of Milton Code.
Approved third party inspector. A registered professional engineer, registered professional
architect, or qualified inspector that has complied with the application and renewal requirements
of the City of Milton Third Party Inspection and Plans Review Program and has been approved to
perform third party inspections pursuant to this article of the City of Milton Code. An approved
third party inspector is intended to constitute a "private professional provider" for the purposes of
performing inspections as described in the State Act.
Approved third party plans reviewer. A registered professional engineer, registered professional
architect, or qualified inspector that has complied with the application and renewal requirements
of the City of Milton Third Party Inspection and Plans Review Program and has been approved to
perform third party plans review pursuant to this article of the City of Milton Code. An approved
third party plans reviewer is intended to constitute a "private professional provider" for the purpose
of reviewing building construction plans as described in the State Act.
City. City of Milton, Georgia.
Complete Application. For purposes of processing applications in compliance with the State Act ,
an application submitted to the City of Milton shall not be considered complete until all applicable
fees have been paid, and all applicable reviewing agencies have received the application and
provided any required approvals. For each pennit type, the Community Development Department
shall establish and publish the requirements of a complete application.
Convenience fees. Fees established by the Community Development Department to be paid to the
City upon the election by an applicant to use a third party inspector or third party plans reviewer
or despite the Community Development Department otherwise being able to provide inspection
and plan review services within the time frames required by the State Act. Such fees shall be the
same as any regulatory fees assessed by the City of Milton for inspections and plan review services
performed by the Community Development Department.
Department. The City of Milton Community Development Department, or such other department
as may be assigned by the City of Milton City Manager or his representative the responsibility of
performing inspections and overseeing the third party inspection and plans review system
described herein.
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Inspection. The observance of work and the performance of test for certain components and
elements to establish conformance with City of Milton approved con struction documents , building
codes and ordinances adopted by Ci ty of Milton , and the requirements of the state minimum
standards as adopted and amended by the Georgia Department of Community Affairs .
Inspection certification. A written statement signed by an approved third party inspecto r or
his/her approved technician , which shall ind icate that the item (s) being inspected , in the appro ved
third party inspector's professional opinion and to the best of their knowledge , complies with City
of Milton approved construction documents , building codes and ordinances adopted by the Ci ty of
Milton , the requirements of the state minimum standards as adopted and amended by the Georgia
Department of Community Affairs , and any other applicable inspections that are typically
performed by inspectors emplo yed by the City of Milton.
Inspection field report. A written report prepared by an appro ved third party inspector or a
technician working under the direct supervision of an appro ved third party inspector describing
the work conducted and findings of an inspection performed by an approved third party inspector
or a technician working under the direct supervision of an approved third-party inspector.
Plans review affidavit. A written affidavit on a form adopted by the Georgia Department of
Community Affairs that is completed and signed under oath by an approved third party plans
reviewer, which shall indicate the plans which have been re viewed for the purpose of a building
permit for the app lication in question , in the approved third party plans reviewer's professional
opinion and to the best of their knowledge, complies with the regulatory requirements as
designated by City of Milton, including the Georgia State Minimum Standard Codes most recently
adopted by the Department of Community Affairs and any locall y adopted ordinances and
amendments to such codes , applicable zoning ordinances and conditions , design standards, and
any other applicable laws and regulations that would otherwise be required of staff employed by
the City of Milton Community Development Department.
Qualified inspector. A person who meets the definition of a qualified inspector as defined in
O.C.G.A. § 8-2-26.1 .
Registered professional architect . An indi vidual that holds a certificate of registration issued
under O .C .G.A. Title 43 , Chapter 4.
Registered professional engineer. An indi vidual that holds a certificate of registration issued
under O.C .G.A. Title 43 , Chapter 15.
Regulatory fees. All fees established by the City to be paid to the City for any regulatory action ,
inspection services , or plan re view services as pro vided by the State Act and this article .
State act. O.C.G.A. § 8-2-26(g).
Technician. An individual that performs inspections under the direct supervision of an approved
third party inspector.
Third party inspection. Inspection performed in conformance with this program by appro ved
third party inspectors.
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Third party inspection and plans review program. The rules and procedures described in this
third party inspection and plans review ordinance.
Third party plans review. Building construction plans review performed in conformance with
this program by approved third party plans reviewers.
Sec. 10-401. -Third Party Inspection and Plans Review Program
(a) The department will establish and maintain an approved third party inspectors and plans
reviewers list from whom the department will accept third party inspections and third party
plans reviews in accordance with this third party inspection and plans review ordinance.
(b) In full compliance with the requirements of the State Act , the City of Milton shall allow
owners, developers , and contractors to submit inspection certifications by approved third
party inspectors and plans review affidavits by approved third party plans reviewers to
satisfy certain inspection and plans review requirements.
( c) The department will only consider inspection certifications and plans review affidavits
from individuals listed on the approved third patty inspector and plans reviewer list. The
City of Milton makes no representation concerning the approved third party inspectors and
approved third party plans reviewers other than that they have submitted evidence showing
that they have met the minimum criteria necessary to qualify for the third party inspection
and plans review program described herein .
( d) In order for an inspection certification or plans review affidavit to be accepted by the
department for a particular project, an approved third party inspector or approved third
party plans reviewer must be independent of and must not be an employee of or otherwise
affiliated with or financially interested in the person, firm or corporation engaged in the
construction project to be inspected.
( e) The person , firm or corporation retaining an approved third party inspector or approved
third party plans reviewer to conduct an inspection or plans review shall be required to pay
to the City fifty percent (50%) of the regulatory fees and charges which would have been
required had the inspection or plans review been conducted by a City inspector or City plan
reviewer, irrespective of whether the City determines that the City could conduct a
particular inspection or plans review in a time as determined by the State Act. Should the
department determine that it can conduct a particular inspection or plans review in a time
as determined by the State Act , a convenience fee shall be paid to the City. Upon paying in
full of the convenience fees associated with the complete application, the applicant may
choose to retain, at its own expense , an approved third party inspector or approved third
party plans reviewer to provide the required inspection or plan review, subject to the
requirements set forth in this Ordinance. Any regulatory fees or convenience fees paid to
the City are nonrefundable.
(f) All other fees and costs related to the perfom1ance of the third party inspections , or third
party plans review are matters so lely between the approved third party inspector or
approved third party plans reviewer and the person, firm, or corporation engaging the
approved third party inspector or approved third party plans reviewer.
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(g) Notwithstanding the submission of an inspection certification or plans review affidavit, the
department retains the authority to make all code interpretations and to monitor the quality
of all third party inspections and third party plans reviews and nothing in this article shall
be construed as authorizing any approved third party inspector or approved third party
plans reviewer to issue a certificate of occupancy.
(h) For purposes of processing applications in compliance with the State Act, an application
submitted to the department shall not be considered complete until all applicable fees have
been paid, and all applicable City departments have previously received the application
and provided any required approvals.
Sec. 10 -402. -Inspection Types.
(a) The department will, at a minimum, accept third party inspections in compliance with the
State Act for any construction inspections required by the City of Milton Construction
Code. A comprehensive list of the various inspection types , their allowed timing and other
related details are established by department policy. This document is available from the
department and is published on the City's website.
(b) Approved third party inspectors shall be authorized to conduct any inspection required by
the City necessary or required to determine compliance with all regulatory requirements
and for the issuance of a building permit or certificate of occupancy, provided that the
inspection being performed is within the scope of the approved third party inspector's area
of competency; and further, that a qualified inspector acting as an approved third party
inspector or as an approved third party plans reviewer shall only be empowered to perform
a plan review or inspection within an area for which such qualified inspector has been
issued a certification, license, or completion of training provided for in paragraph (2) of
subsection (a) of O.C.G.A. § 8-2-26.1. However, nothing in this article shall be construed
as authorizing third party inspections for compliance with state or local fire safety standards
or erosion control standards.
Sec. 10-403. -Approved third party inspector requirements and qualifications.
(a) Individuals wishing to be placed on the approved third party inspectors and plans reviewer
list as an approved third party inspector must submit an initial application along with an
application fee as established by the City of Milton. Those individuals who are placed on
the third party inspectors and plans reviewer list must submit a renewal form no later than
December 1 each year. Individuals that do not timely submit a renewal form shall be
removed from the third party inspectors and plans reviewer list.
(b) In order to qualify as an approved third party inspector, an individual must:
(1) Be employed by or be a partner in an engineering or architect firm , in full
compliance with the City of Milton Code of Ordinances , including timely payment
of the occupational tax and registration required thereunder ;
(2) Be a registered professional engineer, a registered professional architect , or a
qualified inspector as defined in this article;
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(3) Otherwise, be in good standing with all pertinent certification and professional
accreditation boards;
(4) Possess and maintain minimum insurance as described herein; and
(5) Demonstrate relevant experience of at least one (1) year.
( c) An individual shall not be qualified to be placed on the approved third party inspectors and
plans reviewer list if he /she has had his/her authority to issue third party inspection
certifications in any other jurisdictions revoked . If an individual previously qualified to be
on the approved third party inspectors and plans reviewer list and subsequently has his/her
authority to issue third party inspection certifications revoked, the individual shall be
removed from the approved third party inspectors and plans reviewer list.
(d) An approved third party inspector may not submit an inspection certification if the
approved third party inspector is an officer or employee of the owner, developer, contractor,
or other party or if the approved third party inspector is employed by or a partner in a firm
that is affiliated with or financially interested in the owner, developer, contractor, or other
party on whose behalf the inspection certification is submitted.
( e) Technicians may perform inspections under the supervision of an approved third party
inspector provided that the technician has satisfied any specific requirements as may be
designated by the building official if those same requirements are imposed on the municipal
employees completing the plan review or inspection.
(f) Technicians performing inspections under the supervision of an approved third party
inspector shall possess ICC certifications relevant to the types of inspections performed.
For building inspections, technicians shall provide documentation demonstrating previous
experience and/or training that includes general building construction, construction trades,
and code enforcement/interpretation, or any equivalent combination of education, training,
and experience to be determined in the discretion of the building official.
(g) Approved third party inspectors shall obtain and maintain the following minimum
insurance coverages and provisions, evidence of which shall be submitted to the
department with the initial application :
(1) Professional liability insurance for errors and omissions in an amount of not less
than $1,000,000.00 per occurrence and $1,000,000.00 in aggregate coverage for
any project with a construction cost of $5 ,000,000.00 or less. For any project with
a construction cost of more than $5 ,000,000.00, the amount of professional liability
insurance for errors and omissions shall not be less than $2,000,000 .00 per claim
and $2,000,000.00 in aggregate coverage.
(2) Such insurance may be a practice policy or may be project-specific coverage. If the
insurance is a practice policy, it shall contain prior acts coverage for the approved
third party inspector. If the insurance is project-specific, it shall continue in effect
for two years following the issuance of the final certificate of occupancy or
certification of completion for the project.
(3) The cancellation provision shall provide for 30 days' notice of cancellation.
( 4) The City of Milton , Georgia, its officers , officials, employees, and representatives
shall be named as additional insureds on the required insurance policies.
(5) The required insurance coverages shall be provided by an insurance company
licensed to do business in good standing with the Georgia Department oflnsurance
at all times.
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( 6) Approved third party inspectors shall maintain the minimum insurance coverage as
required above during which they are listed as approved third party inspectors.
Approved third party inspectors shall provide the department w ith evidence of
minimum insurance co verage and pro v isions on an annual basis prior to the
expiration of any policy or coverage and upon request by the department. Should
any insurance coverage or information change , the approved third party inspector
shall provide written notice of any such change to the City within ten business days.
If at any time an approved third party inspector fails to maintain the required
insurance coverage, the department may remo ve them from the appro ved third
party inspectors and plans re v iewer list.
(h) Suspension of technicians and appro ved third party inspectors:
(1) An individual who performs inspections under this article , whether a technician or
an individual approved third party inspector, shall be subject to suspension from
the appro ved third party inspector and plans re v iewer list , and from submitting
inspection field reports and inspection certifications for the follo wing infractions:
1. Providing inspections without appropriate license or certification.
11. Providing inspection services prior to issuance of a valid building permit.
m. Failing to identify any noncompliance with applicable codes governing
individual and public safety and welfare (in compliance with Georgia
Department of Community Affairs mandated construction code editions and
amendments , appro ved plans , and City of Milton Code of Ordinances), as
determined in the sole good faith discretion of the Chief Building Official
of the City. However, it is the express intent of the City not to impose
sanctions on an indi v idual under this article for failing to identify multiple
instances of noncompliance in one inspection such as that each such failure
constitutes an individual and separate infraction. Rather, multiple failures
contained in a single inspection under this paragraph shall be treated as a
single infraction.
1v. Authorizing any de viation from the approved permit.
v . Falsifying reports.
v1. Unauthorized emplo yee perfonning inspections .
v11. Performing unauthorized types of inspections .
v111. Inspections passed with hold on project or under stop work order.
1x . Failure to identify noncompliance with any applicable code not captured in
subsection (iii) above , upon identification .of such failure by the City on
multiple occasions , as determined in the sole good faith discretion of the
Chief Building Official of the Ci ty .
(2) Suspension for submitting inspection field reports and inspection certifications for
infractions by a technician or indi vidual approved third party inspector shall be
progressive based on the number of infractions in the previous 12-month period.
For any combination ofinfractions w ithin a 12-month period, the following actions ,
and suspensions against a technician or individual approved third party inspector
shall be assessed:
i. First infraction: Warning letter.
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ii. Second infraction: 7-Day suspension from eligibility to perform
inspections and submit inspection field reports and inspection certifications.
111. Third infraction: 30-day suspension from eli g ibility to perform inspections
and submit inspection field reports and inspection certifications .
1v . Fourth infraction : 90-day suspension from eligibility to perform
inspections and submit inspection field reports and inspection certifications.
v . Fifth infraction: 1-y ear suspens ion from eligibility to perform inspections
and submit inspection field reports and inspection certifications .
(3) An approved third party inspector shall be subject to progressive action based on
the number of infractions in the pre vious 24-month period by indi viduals
performing inspections , including the indi vidual approved third party inspector or
any one or more technicians acting under the supervision of the approved third party
inspector (which shall include technicians serv ing as employees , independent
contractors , agents , etc.). Violations under this paragraph shall accrue upon every
third infraction by an indi v idual contemplated in paragraph (2 ) abo ve , and shall
subject appro ved third party inspectors to the following actions and suspensions for
any combination of infractions within a 24-month period :
1. First violation (upon third individual infraction): Written letter of
reprimand from the City of Milton Community Development Director.
11. Second violation (upon si xth individual infraction): Seven-day suspension
from approved third party inspector and plans reviewer list.
m. Third violation (upon ninth indi vidual infraction): 30-day suspension from
approved third party inspector and plans reviewer list.
1v . Fourth violation (upon 12 th indi v idua l infraction): 90-day suspension from
approved third party inspector and plans reviewer list.
v. Fifth violation (upon 15 th individual infraction): One year suspension from
approved third party inspector and plans reviewer list.
The City shall send written notice to the approved third party inspector for each infraction as
contemplated in paragraph (2 ) above , the purpose of which shall be to inform the appro ved third
party inspector of the number of infractions accruing under paragraph (2), to put the approved third
party inspector on notice of possible violations under this paragraph (3), and so the appro ved third
party inspector has the opportunity to take any remedial action necessary to prevent fu ture
infractions and/or violations .
(4) Notwithstanding any other provision of this article , in the event a technician or
indi vidual appro ved third party inspector is found to have violated subsection (h )(l)
v. -falsifying reports , the progressive actions and suspensions of this article may,
in the discretion of the City, be bypassed with an immediate suspension and /or
disqualification imposed .
(5) The appeal of a suspension and/or disqualification shall be processed through the
board of zoning appeals at its next scheduled meeting as an appeal of an
administrative decision.
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Sec. 10-404. -Procedures for Conducting Third Party Inspections.
(a) An approved third party inspector shall not suggest, direct, or authorize any deviation from
approved construction documents without first obtaining approval from the department.
(b) The following procedures shall apply to all third party inspections:
(1) To ensure quality control of the third party inspection and plans review program, a
copy of all inspection field reports and inspection certifications shall be provided
to the department within two business days from the date the inspection is
performed.
(2) All inspection field reports shall note the type of inspection and any deficiencies
observed.
(3) Final inspections will not be scheduled until all outstanding reinspection fees have
been paid.
( 4) Prior to the scheduling of any final inspection, the third party inspector shall sign
and seal a completed Certificate of Compliance ; summarizing the inspections
performed. including a written representation , that states :
'· To the best of my knowledge and belief, the third-party agency
scope of work outlined herein and inspected under my authority
have been completed in conformance with the approved plans and
the applicable codes. "
(5) When performing re-inspections for violations initially noted by department staff,
each corrected item shall be addressed individually.
( c) The department shall have a right of entry to any premises inspected by an approved third
party inspector or technician to ensure compliance with this article and the State Act.
(d) Upon submission by the approved third party inspector of a copy of his or her inspection
report to the City, the City shall accept the inspection of the approved third party inspector
without the necessity of further inspection or approval by City inspectors or other personnel
employed by the local governing authority, unless the City notifies the approved third party
inspector within two business days following the date of submission of the inspection
report, that it finds the report incomplete or the inspection inadequate and has provided the
approved third party inspector with a written description of the deficiencies and specific
code regulatory requirements that have not been adequately addressed.
Sec. 10-405. -Approved third party plans reviewer requirements and qualifications.
(a) Individuals wishing to be placed on the approved third party inspectors and plans reviewer
list as an approved plans reviewer must submit an initial application along with an
application fee as established by the City of Milton. Those individuals who are placed on
the third party inspectors and plans reviewer list must submit a renewal form no later than
December 1 each year. Individuals that do not timely submit a renewal form shall be
removed from the third party inspectors and plans reviewer list.
(b) In order to qualify as an approved third party plans reviewer, an individual must :
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(1) Be a partner in or employed by an engineering or architect finn, in full compliance
with chapter 22 of the City of Milton , Georgia Code of Ordinances , including
timely payment of the occupational tax and registration required thereunder;
(2) Be a registered professional engineer, a registered professional architect , or a
qualified inspector as defined in this article;
(3) Otherwise, be in good standing with all pertinent certification and professional
accreditation boards ;
(4) Possess and maintain minimum insurance as described herein; and
(5) Demonstrate relevant experience of at least one year.
( c) An individual shall not be qualified to be placed on the approved third party inspectors and
plans reviewer list if he /she has had his /her authority to issue third party plans review
affidavits in any other jurisdictions revoked. If an individual previously qualified to be on
the approved third party inspectors and plans reviewer list and subsequently has his/her
authority to issue third party plans review affidavits revoked , the individual shall be
removed from the approved third party inspectors and plans reviewer list.
(d) An approved third party plans reviewer may not submit a plans review affidavit if the
approved third party plans reviewer is an officer or employee of the owner, developer,
contractor or other party or if the approved third party plans reviewer is employed by or a
partner in a firm that is affiliated with or financially interested in the owner, developer,
contractor or other party on whose behalf the plans review affidavit is submitted .
(e) Approved third party plans reviewers shall obtain and maintain the following minimum
insurance coverages and provisions, evidence of which shall be submitted to the
department with the initial application:
( 1) Professional liability insurance for errors and omissions in an amount of not less
than $1,000 ,000.00 per occurrence and $1 ,000 ,000.00 in aggregate coverage for
any project with a construction cost of $5 ,000 ,000.00 or less. For any project with
a construction cost of more than $5 ,000 ,000.00, the amount of professional liability
insurance for errors and omissions shall not be less than $2 ,000 ,000.00 per claim
and $2 ,000,000 .00 in aggregate coverage.
(2) Such insurance may be a practice policy or may be project-specific coverage. If the
insurance is a practice policy, it shall contain prior acts coverage for the private
professional provider. If the insurance is project-specific, it shall continue in effect
for two years following the issuance of the final certificate of occupancy or
certification of completion for the project.
(3) The cancellation provision shall provide for 30 days' notice of cancellation.
(4) City of Milton , Georgia , its officers , officials, employees, and representatives shall
be named as additional insureds on the required insurance policies.
(5) The required insurance coverages shall be provided by an insurance company
licensed to do business in good standing with the Georgia Department of Insurance
at all times.
( 6) Approved third party plans reviewers shall maintain the minimum insurance
coverage as required above during which they are listed as approved third party
plans reviewers. Approved third party plans reviewers shall provide the department
with evidence of minimum insurance coverages and provisions on an annual basis
prior to the expiration of any policy or coverage and upon request by the
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department. Should any insurance coverage or information change, the approved
third party plans reviewer shall provide written notice of any such change to the
City within ten business days . If at any time an approved third party plans reviewer
fails to maintain the required insurance coverage , the department may remove them
from the approved third party inspectors and plans reviewer list.
(f) Suspension of approved third party plans reviewers:
(1) An individual who performs plans review under this article shall be subject to
suspension from the approved third party inspector and plans reviewer list, and
from submitting plans review affidavits for the following infractions :
1. Providing plans reviews without appropriate license or certification.
11. Failing to identify any noncompliance with applicable codes governing
individual and public safety and welfare (in compliance with Georgia
Department of Community Affairs mandated construction code editions and
amendments , approved plans , and City of Milton Code of Ordinances), as
determined in the sole good faith discretion of the Chief Building Official
of the City. However, it is the express intent of the City not to impose
sanctions on an individual under this article for failing to identify multiple
instances of noncompliance in one inspection such as that each such failure
constitutes an individual and separate infraction. Rather, multiple failures
contained in a single inspection under this paragraph shall be treated as a
single infraction.
111. Falsifying plans review affidavits.
iv. Performing unauthorized types of plan reviews.
(2) Suspension for submitting plans review affidavits for infractions by an approved
third party plans reviewer shall be progressive based on the number of infractions
in the previous 12-month period. For any combination of infractions within a 12-
month period, the following actions , and suspensions against an approved third
party plans reviewer shall be assessed:
1. First infraction: Written letter· of reprimand from the City of Milton
Community Development Director.
11. Second infraction: Seven-day suspension from approved third party
inspector and plans reviewer list.
m. Third infraction: 30-day suspension from approved third party inspector
and plans reviewer list.
1v. Fourth infraction: 90-day suspension from approved third party inspector
and plans reviewer list.
v. Fifth infraction: One-year suspension from approved third party inspector
and plans reviewer list.
(3) The City shall send written notice to the approved third party plans reviewer for
each infraction as contemplated in paragraph (2) above, the purpose of which shall
be to inform the approved third party plans reviewer of the number of infractions
accruing under paragraph (2) and so the approved third party plans reviewer has
opportunity to take any corrective action necessary to prevent future infractions.
( 4) Notwithstanding any other provision of this article, in the event an approved third
party plans reviewer is found to have violated subsection (f)(l )(iii) -falsifying plans
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review affidavits, the progressive actions and suspensions of this article may, in the
discretion of the City, be bypassed with an immediate suspension and/or
disqualification imposed.
(5) The appeal of a suspension and/or disqualification shall be processed through the
zoning board of appeals at its next scheduled meeting as an appeal of an
administrative decision.
Sec. 10-406. -Procedures for Conducting Third Party Plans Review.
(a) Any plan review conducted by an approved third party plans reviewer shall be no less
extensive than plan reviews conducted by City personnel.
(b) Plan reviews shall be within the scope of such approved third party plan reviewer's area of
competency.
(c) The following procedures shall apply to all third party plans review:
(1) To ensure quality control of the third party inspection program, a copy of all plans
review affidavits shall be provided to the department within five business days of
its completion.
(2) All plans review affidavits shall certify that:
1. The plans were reviewed by the affiant who is duly authorized to perform
plan review pursuant to the third party inspection and plans review program;
11. The plans comply with all applicable regulatory requirements; and
m. The plans submitted for plan review are in conformity with plans previously
submitted to obtain City approvals required in the plan submittal process
and do not make any changes to the project reviewed for such approvals.
Sec. 10-407. -Appeals
(a) If the City of Milton building official and the private professional provider are unable to
resolve a dispute or meet within the time required by the State Act, the matter shall be
referred to the Board of Zoning Appeals.
(b) Appeals, hearings, and notice. All questions arising in connection with the interpretation
and enforcement of this Ordinance shall first be presented to the city manager or his
designee, and that such questions shall be presented to the Board of Zoning Appeals only
on appeal from the decision of the city manager or his designee , and that from the decision
of the board of appeals, recourse shall be as provided by state law. The city manager or his
designee shall forthwith transmit to the board all papers constituting the record upon which
the action appealed was taken.
( c) Appeals to these regulations may be taken to the Board of Zoning Appeals by the City of
Milton building official, the approved third party inspector or approved third party plans
reviewer, or the owner of the subject building.
( d) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the Board of Zoning Appeals, after the
notice of appeal shall have been filed with the officer, that by reason of facts stated in the
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certificate a stay would, in the officer's opinion, cause imminent peril to life and property.
In such case, proceedings shall not be stayed otherwise than by a restraining order which
may be granted by the board or by a court of record on application, on notices to the officer
from whom the appeal is taken, and on due cause shown.
(e) The Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal or
other matter referred to it, and give public notice thereof, as well as due notice to the parties
in interest, and decide the same within a reasonable time. At the hearing any party may
appear in person, or by agent, or by attorney.
(f) Nothing in this subsection shall limit the authority of the building official to issue a stop-
work order for a building project or any portion of such project, which may go into effect
immediately as provided by law, after giving notice and opportunity to remedy the
violation, if the official determines that a condition on the building site constitutes an
immediate threat to public safety and welfare .
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