HomeMy WebLinkAboutORDINANCE NO. 07-02-09ORDINANCE NO. 07-02-09
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 9, BUILDING CODE
OF THE CITY OF MILTON CODE OF ORDINANCES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on February 15, 2007 at 7:00 p.m. as follows:
SECTION 1. That the Ordinance relating to amending Section 9, Construction Board of
Adjustments and Appeals, Chapter 9, Building Code, of the City of Milton Code of
Ordinances, is hereby adopted and approved; and is attached hereto as if fully set forth herein,
and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 15"' day of February, 2007
Attest:
e ette R. Marchiafava, City Clerk
(Seal)
now
()2'
Joe Lockwood, Mx yor
Chapter 9: Building Code
Article 1: Adoption of State Law.
Section 1: State Minimum Standards Adopted.
(a) It is hereby declared to be the intention of the Council to enforce the latest edition of
the following Georgia State Minimum Standard Codes, as adopted and amended by
the Georgia Department of Community Affairs, for all permits approved after
December 1, 2006:
(i) International Building Code
(ii) International Fuel Gas Code
(iii) International Mechanical Code
(iv) International Plumbing Code
(v) National Electrical Code
(vi) International Fire Code
(vii) International Energy Conservation Code
(viii) International Residential Code
(b) The following appendices of said codes, as adopted and amended by the Georgia
Department of Community Affairs, are hereby adopted by reference as though they
+O- were copied herein fully:
..� (i) Standard Building Code: Appendices H, I, J, K
(ii) Standard Mechanical Code
(iii) Standard Plumbing Code: Appendices H, I, J
(iv) Standard Gas Code
(v) CABO One and Two -Family Dwelling Code
77
(c) The following codes, the latest editions as adopted and amended by the Georgia
Department of Community Affairs, are hereby adopted by reference as though they
were copied herein fully:
(i) Standard Existing Building Code
(ii) Standard Swimming Pool Code
(d) The following code is adopted insofar as it does not conflict the Georgia State
Minimum Standard Codes:
Standard Unsafe Building Abatement Code
(e) The City also adopts the State Minimum Standards Codes as defined by
O.C.G.A. § 8-2-20(9).
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W.M. (f) For all permits granted or approved by Fulton County under earlier versions of any or
all of these codes, it is hereby declared to be the intention of the Council to enforce the
s..r
Code under which the project was approved.
Article 2: Administrative Procedures for Enforcement ofAdonted Codes.
Section 1: Purpose.
The purpose of this section is to provide for the administration and enforcement of the
Georgia State Minimum Standard Codes for Construction as adopted and amended by the
Georgia Department of Community Affairs. Hereinafter, the state minimum standard codes
for construction shall be referred to as "the construction codes."
Section 2: Code Remedial.
(a) General. These construction codes are hereby declared to be remedial, and shall be
construed to secure the beneficial interests and purposes thereof - which are public
safety, health, and general welfare - through structural strength, stability, sanitation,
adequate light and ventilation, and safety to life and property from fire and other
hazards attributed to the built environment including alteration, repair, removal,
demolition, use, and occupancy of buildings, structures, or premises, and by
regulating the installation and maintenance of all electrical, gas, mechanical, and
plumbing systems, which may be referred to as service systems.
(b) Quality Control. Quality control of materials and workmanship is not within the
purview of the construction codes except as it relates to the purposes stated therein.
(c) Permitting and Inspection. The inspection or permitting of any building, system, or
plan, under the requirements of construction codes shall not be construed in any court
as a warranty of the physical condition of such building, system or plan or their
adequacy. The City of Milton, nor any employee thereof, shall be liable in tort for
damages for any defect or hazardous or illegal condition or inadequacy in such
building, system or plan, nor for any failure of any component of such, which may
occur subsequent to such inspection or permitting.
Section 3: Scope.
(a) Applicability.
(i) General. Where, in any specific case, different sections of these construction
codes specify different materials, methods of construction, or other
requirements, the most restrictive shall govern. Where there is a conflict
between a general requirement and a specific requirement, the specific
requirement shall be applicable.
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(ii) Building. The provisions of the International Building Code, as adopted and
amended by the Georgia Department of Community Affairs, shall apply to the
construction, alteration, repair, equipment, use and occupancy, location,
maintenance, removal, and demolition, of every building or structure or any
appurtenances connected or attached to such buildings or structures, except in
one- and two-family dwellings.
(iii) Electrical. The provisions of the National Electrical Code, as adopted and
amended by the Georgia Department of Community Affairs, shall apply to the
installation of electrical systems, including alterations, repairs, replacement,
equipment, appliances, fixtures, fittings, and appurtenances thereto.
(iv) Gas. The provisions of the International Fuel Gas Code, as adopted and
amended by the Georgia Department of Community Affairs, shall apply to the
installation of consumer's gas piping, gas appliances, and related accessories
as covered in this Code. These requirements apply to gas piping systems
extending from the point of delivery to the inlet connections of appliances and
the installation and operation of residential and commercial gas appliances
and related accessories, except in one- and two-family dwellings.
(v) Mechanical. The provisions of the International Mechanical Code, as
adopted and amended by the Georgia Department of Community Affairs,
WWM shall apply to the installation of mechanical systems, including alterations,
repairs, replacement, equipment, appliances, fixtures, fittings and/or
Now appurtenances, including ventilating, heating, cooling, air conditioning and
refrigeration systems, incinerators, and other energy related systems. Except
in one- and two-family dwellings.
(vi) Plumbing. The provisions of the International Plumbing Code, as adopted and
amended by the Georgia Department of Community Affairs, shall apply to
every plumbing installation, including alterations, repairs, replacement,
equipment, appliances, fixtures, fittings, and appurtenances, and when
connected to a water or sewerage system.
(vii) Energy. The provisions of the International Energy Conservation Code, as
adopted and amended by the Georgia Department of Community Affairs, shall
regulate the design of building envelopes for adequate thermal resistance and
low air leakage and the design and selection of mechanical, electrical, service
water heating, and illumination systems and equipment that will enable the
effective use of energy in new building construction.
(b) Federal and State Authority. The provisions of the construction codes shall not be
held to deprive any federal or state agency, or any applicable governing authority
having jurisdiction, of any power or authority which it had on the effective date of the
adoption of the construction codes or of any remedy then existing for the enforcement
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of its orders, nor shall it deprive any individual or corporation of its legal rights as
provided by law.
(c) Appendices. Appendices referenced in Article 1, Section 1(b) of this Chapter shall be
considered an integral part of the construction codes.
(d) Referenced Standards. Standards referenced in the text of the construction codes shall
be considered an integral part of the construction codes. If specific portions of a
standard are denoted by code text, only those portions of the standard shall be
enforced. Where construction code provisions conflict with a standard, the
construction code provisions shall be enforced. Permissive and advisory provisions in
a standard shall not be construed as mandatory.
(e) Maintenance. All buildings, structures, electrical, gas, mechanical, and plumbing
systems, both existing and new, and all parts thereof, shall be maintained in a safe and
sanitary condition. All devices or safeguards, which are required by the construction
codes when constructed, altered, or repaired, shall be maintained in good working
order. The owner, or his/her designated agent, shall be responsible for the
maintenance of buildings, structures, electrical, gas, mechanical, and plumbing
systems.
Section 4: Existing Buildings
(a) General. Alterations, repairs, or rehabilitation work may be made to any existing
structure, building, electrical, gas, mechanical, or plumbing system without requiring
the building, structure, plumbing, electrical, mechanical, or gas system to comply
with all the requirements of the construction codes provided that the alteration, repair,
or rehabilitation work conforms to the requirements of the construction codes for new
construction. The Building Official shall determine the extent to which the existing
system shall be made to conform to the requirements of the construction codes for
new construction.
(b) Change of Occupancy. If the occupancy classification of any existing building or
structure is changed, the building, electrical, gas, mechanical, and plumbing systems
shall be made to conform to the intent of the construction codes as required by the
Building Official.
(c) Special Historic Buildings. The provisions of the construction codes relating to the
construction, alteration, repair, enlargement, restoration, relocation, or moving of
buildings or structures shall not be mandatory for existing buildings or structures
identified and classified by the state or local jurisdiction as historic buildings when
such buildings or structures are judged by the Building Official to be safe and in the
public interest of health, safety, and welfare regarding any proposed construction,
alteration, repair, enlargement, restoration, relocation, or moving of buildings within
the fire districts.
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Section 5: Building Department.
(a) Creation of Building Department. There is hereby established a department to be
rr.W called the Building Department and the person in charge shall be known as the
Building Official. The governing body shall establish the qualifications for the
Building Official and other code enforcement personnel. The duties of the department
may be contracted out in full to a third party entity.
(b) Restrictions on Employees. An officer or employee connected with the department,
except one whose only connection is as a member of the Construction Board of
Adjustment and Appeal, shall not be financially interested in the furnishing of labor,
material, or appliances for the construction, alteration, or maintenance of a building,
structure, service, system, or in the making of plans or of specifications thereof,
unless he is the owner of such. This officer or employee shall not engage in any other
work, which is inconsistent with his duties or conflict with the interests of the
department.
(c) Records. The Building Official shall keep, or cause to be kept, a record of the
business of the department. The records of the department shall be open to public
inspection pursuant to the provisions of the Georgia Open Records Act.
(d) Liability. Any officer or employee, or member of the Construction Board of
Adjustments and Appeals, charged with the enforcement of the construction codes,
acting for the applicable governing authority in the discharge of his duties, shall not
thereby render himself/herself personally liable, and is hereby relieved from all
personal liability, for any damage that may occur to persons or property as a result of
any act required or permitted in the discharge of his/her duties. Any suit brought
against any officer or employee or member because of such act performed by him/her
in the enforcement of any provision of the construction codes shall be defended by
the governing jurisdiction until the final termination of the proceedings.
(e) Reports. The Building Official shall submit a report each year covering the work of
the Building Department during the preceding year. He/she may incorporate in said
report a summary of the decisions of the Construction Board of Adjustments and
Appeals during said year.
Section 6: Building Official.
(a) General. The Building Official is hereby authorized and directed to enforce the
provisions of the construction codes. The Building Official is further authorized to
render interpretations of the construction codes, which are consistent with its intent
and purpose. The City may contract with a third party to provide the duties of the
Building Official.
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(b) Right of Entry.
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(i) Whenever necessary to make an inspection to enforce any of the provisions of
the construction codes, or whenever the Building Official has reasonable
cause to believe that there exists in any building or upon any premises any
condition or code violation which makes such building, structure, premises,
electrical, gas, mechanical, or plumbing systems unsafe, dangerous, or
hazardous, the Building Official may enter such building, structure, or
premises at all reasonable times to inspect the same or to perform any duty
imposed upon the Building Official by these construction codes, provided that
if such building or premises is occupied, he shall first present proper
credentials and request entry. If such building, structure, or premises is
unoccupied, he shall first make a reasonable effort to locate the owner or other
persons having charge or control of such and request entry. If entry is refused,
the Building Official shall have recourse to every remedy provided by law to
secure entry.
(ii) When the Building Official shall have first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner or
occupant or any other persons having charge, care or control of any building,
structure, or premises shall fail or neglect, after proper request is made as
herein provided, to promptly permit entry therein by the Building Official for
the purpose of inspection and examination pursuant to the construction codes.
(c) Stop -work orders. Upon notice from the Building Official, work on any building,
structure, electrical, gas, mechanical, or plumbing system that is being done contrary
to the provisions of the construction codes or in a dangerous or unsafe manner, shall
immediately cease. Such notice shall be in writing and shall be given to the owner of
the property, or to his agent, or to the person doing the work, and shall state the
conditions under which work may be resumed. Where an emergency exists, the
Building Official shall not be required to give a written notice prior to stopping the
work.
(d) Revocation of Permits.
(i) Misrepresentation of Application. The Building Official may revoke a permit
or approval, issued under the provisions of the construction codes, in case
there has been any false statement or misrepresentation as to the material fact
in the application or plans on which the permit or approval was based.
(ii) Violation of Code Provisions. The Building Official may revoke a permit
upon determination by the Building Official that the construction erection,
alteration, repair, moving, demolition, installation or replacement of the
building, structure, electrical, gas, mechanical, or plumbing systems for which
the permit was issued is in violation of, or not in conformity with, the
provisions of the construction codes.
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(e) Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or
plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or
which constitute a fire hazard, or are otherwise dangerous to human life, or which in
r.�. relation to existing use, constitute a hazard to safety or health, are considered unsafe
buildings or service systems.
(f) Requirements Not Covered by Code. Any requirements necessary for the strength,
stability, or proper operation of an existing or proposed building, structure, electrical,
gas, mechanical, or plumbing system, or for the public safety, health, and general
welfare, not specifically covered by or the construction codes, shall be determined by
the
Building Official.
(g) Alternate Materials and Methods. The provisions of the construction codes are not
intended to prevent the use of any material or method of construction not specifically
prescribed by them, provided any such alternate has been reviewed by the Building
Official. The Building Official shall approve any such alternate, provided the
Building Official finds that the alternate for the purpose intended is at least the
equivalent of that prescribed in the construction codes, in quality, strength,
effectiveness, fire resistance, durability, and safety. The Building Official shall
require that sufficient evidence or proof be submitted to substantiate any claim made
regarding the alternate.
Section 7: Permits.
(a) Permit Application.
(i) When required. Any owner, authorized agent, or contractor who desires to
construct, enlarge, alter, repair, move, demolish, or change the occupancy of a
building or structure, or to erect, install, enlarge, alter, repair, remove, convert,
or replace any electrical, gas, mechanical, or plumbing system, the installation
of which is regulated by the construction codes, or to cause any such work to
be done, shall first make application to the Building Official and obtain the
required permit for the work. A permit shall not be issued to an owner, who is
neither a licensed contractor nor the occupant of a residential structure being
altered.
(ii) Work Authorized. A building, electrical, gas, mechanical, or plumbing permit
shall carry with it the right to construct or install the work, provided the same
are shown on the drawings and set forth in the specifications filed with the
application for the permit. Where these are not shown on the drawings and
covered by the specifications submitted with the application, separate permits
shall be required.
(iii) Minor Repairs. Ordinary minor repairs with a value of less than $1,000, may
Raw be made with the approval of the Building Official without a permit, provided
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that such repairs shall not violate any of the provisions of the construction
codes.
(iv) Information Required. Each application for a permit, with the required fee,
shall be filed with the Building Official on a form furnished for that purpose,
and shall contain a general description of the proposed work and its location.
The application shall be signed by the owner, or his/her authorized agent. The
building permit application shall indicate the proposed occupancy of all parts
of the building and of that portion of the site or lot, if any, not covered by the
building or structure, and shall contain such other information as may be
required by the Building Official.
(v) Time Limitations. An application for a permit for any proposed work shall be
deemed to have been abandoned 6 months after the date of filing for the
permit, unless before then a permit has been issued. One or more extensions
of time for periods of not more than 90 days each may be allowed by the
Building Official for the application, provided the extension is requested in
writing and justifiable cause is demonstrated.
(b) Drawings and Specifications.
(i) Requirements. When required by the Building Official, two or more copies of
specifications and of drawings drawn to scale with sufficient clarity and detail
to indicate the nature and character of the work, shall accompany the
application for a permit. Such drawings and specifications shall contain
information, in the form of notes or otherwise, as to the quality of materials,
where quality is essential to conformity with the construction codes. Such
information shall be specific, and the construction codes shall not be cited as a
whole or in part, nor shall the term "legal" or its equivalent be used, as a
substitute for specific information. All information, drawings, specifications
and accompanying data shall bear the name and signature of the person
responsible for the design.
(ii) Additional Data. The Building Official may require details, computations,
stress diagrams, and other data necessary to describe the construction or
installation and the basis of calculations. All drawings, specifications, and
accompanying data required by the Building Official to be prepared by an
architect or engineer shall be affixed with their official seal.
(iii) Design Professional. The design professional shall be an architect or engineer
legally registered under the laws of this state regulating the practice of
architecture or engineering and shall affix his official seal to said drawings,
specifications, and accompanying data, for the following:
(A) All Group A, E, and I occupancies.
(B) Buildings and structures three stories or more high.
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(C) Buildings and structures 5,000 square feet (465 m^ 2) or more in area.
For all other buildings and structures, the submittal shall bear the certification
of the applicant that some specific state law exception permits its preparation
by a person not so registered.
EXCEPTION: Single-family dwellings, regardless of size, shall require
neither a registered architect nor engineer, nor a certification that an architect
or engineer is not required.
(iv) Structural and Fire Resistance Integrity. Plans for all buildings shall indicate
how required structural and fire resistance integrity will be maintained where
a penetration of a required fire resistance wall, floor, or partition will be made
for electrical, gas, mechanical, plumbing, signal and communication conduits,
pipes, and systems and also indicate in sufficient detail how the fire integrity
will be maintained where required fire resistance floors intersect the exterior
walls.
(v) Site Drawings. Drawings shall show the location of the proposed building
or structure and of every existing building or structure on the site or lot.
The Building Official may require a boundary line survey prepared by a
qualified surveyor.
(vi) Hazardous Occupancies. The Building Official may require the following:
(A) General Site Plan. A general site plan drawn at a legible scale which
shall include, but not be limited to, the location of all buildings,
exterior storage facilities, permanent access ways, evacuation routes,
parking lots, internal roads, chemical loading areas, equipment
cleaning areas, storm and sanitary sewer accesses, emergency
equipment, and adjacent property uses. The exterior storage areas shall
be identified with the hazard
classes and the maximum quantities per hazard class of hazardous
materials stored.
(B) Building Floor Plan. A building floor plan drawn to a legible scale,
which shall include, but not be limited to, all hazardous materials
storage facilities within the building and shall indicate rooms,
doorways, corridors, exits, fire rated assemblies with their hourly
rating, location of liquid tight rooms, and evacuation routes. Each
hazardous materials storage facility shall be identified on the plan with
the hazard classes and quantity range per hazard class or the hazardous
materials stored.
(c) Examination of Documents.
Page 9 of 26
(i) Plan Review. The Building Official shall examine or cause to be examined
each application for a permit and the accompanying documents, consisting of
drawings, specifications, computations, and additional data, and shall
"` ascertain by such examinations whether the construction indicated and
described is in accordance with the requirements of the construction codes and
all other pertinent laws or ordinances.
(d) Issuing Permits.
(i) Action on Permits. The Building Official shall act upon an application for a
permit without unreasonable or unnecessary delay. If the Building Official is
satisfied that the work described in an application for a permit and the contract
documents filed therewith conform to the requirements of the construction
codes and other pertinent laws and ordinances, he shall issue a permit to the
applicant.
(ii) Refusal to Issue Permit. If the application for a permit and the accompanying
contract documents describing the work do not conform to the requirements of
the construction codes or other pertinent laws or ordinances, the Building
Official shall not issue a permit, but shall return the contract documents to the
applicant with his refusal to issue such permit. Such refusal shall, when
requested, be in writing and shall contain the reason for refusal.
(iii) Special Foundation Permit. When application for permit to erect or enlarge a
building has been filed and pending issuance of such permit, the Building
Official may, at his discretion, issue a special permit for the foundation only.
The holder of such a special permit is proceeding at his own risk and without
assurance that a permit for the remainder of the work will be granted nor that
corrections will not be required in order to meet provisions of the construction
codes.
(iv) Public Right -of -Way. A permit shall not be given by the Building Official for
the construction of any building, or for the alteration of any building where
said building is to be changed and such change will affect the exterior walls,
bays, balconies, or other appendages or projections fronting on any street,
alley, or public lane, or for the placing on any lot or premises of any building
or structure removed from another lot or premises, unless the applicant has
made application at the office of the Director of Public Works for the lines of
the public street on which he/she proposes to build, erect, or locate said
building; and it shall be the duty of the Building Official to see that the street
lines are not encroached upon.
(e) Contractor Responsibilities. It shall be the duty of every contractor who shall make
„ow" contracts for the installation or repairs of buildings, structures, electrical, gas,
mechanical, sprinkler, or plumbing systems, for which a permit is required, to comply
*M. with state or local rules and regulations concerning licensing which the applicable
Page 10 of 26
governing authority may have adopted. In such case that the state requires a
contractor to have obtained a state license before they are permitted to perform work,
the contractor shall supply the local government with their license number before
receiving a permit for work to
be performed.
(f) Conditions of the Permit.
(i) Permit Intent. A permit issued shall be construed to be a license to proceed
with the work and not as authority to violate, cancel, alter, or set aside any of
the provisions of the construction codes, nor shall issuance of a permit prevent
the Building Official from thereafter requiring a correction of errors in plans,
construction, or violations of the construction codes. Every permit issued shall
become invalid unless the work authorized by such permit is commenced
within 6 months after its issuance, or if the work authorized by such permit is
suspended or abandoned for a period of 6 months after the time the worked is
commenced. One or more extensions of time, for periods not more than 90
days each, may be allowed for the permit. The extension shall be requested in
writing and justifiable cause demonstrated. Extensions shall be in writing by
the Building Official.
(ii) Permit Issued on Basis of an Affidavit. Whenever a permit is issued in reliance
�-- upon an affidavit or whenever the work to be covered by a permit involves
installation under conditions which, in the opinion of the Building Official,
r are hazardous or complex, the Building Official shall require that the architect
or engineer who signed the affidavit or prepared the drawings or computations
shall supervise such work. In addition, they shall be responsible for
conformity with the permit, provide copies of inspection reports as inspections
are performed, and upon completion make and file with the Building Official
written affidavit that the work has been done in conformity with the reviewed
plans and with the structural provisions of the construction codes. In the event
such architect or engineer is not available, the owner shall employ in his
place, a competent person or agency whose qualifications are reviewed by the
Building Official.
(iii) Plans. When the Building Official issues a permit, he/she shall enforce, in
writing or by stamp, both sets of plans "reviewed for code compliance." One
set of drawings so reviewed shall be retained by the Building Official and the
other set shall be returned to the applicant. The permitted drawings shall be
kept at the site of work and shall be open to inspection by the Building
Official or his/her authorized representative.
,p, (g) Fees.
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(i) Prescribed Fees. A permit shall not be issued until the fees prescribed by the
governing body have been paid. Nor shall an amendment to a permit be
woo released until the additional fee, if any, due to an increase in the estimated cost
of the building, structure electrical, plumbing, mechanical or gass stems
etc. has been paid.
(ii) Work Commencing Before Permit Issuance. Any person who commences any
work on a building, structure, electrical, gas, mechanical, or plumbing, etc.
system before obtaining the necessary permits, shall be subject to a penalty of
100 percent of the usual permit fee in addition to the required permit fees.
(iii) Accounting. The Building Official shall keep a permanent and accurate
accounting of all permit fees and other money collected, the names of all
persons upon whose account the same was paid, along with the date and
amount thereof.
(iv) Schedule of Permit Fees. On all buildings, structures, electrical, plumbing,
mechanical, and gas systems or alterations requiring a permit, a fee for each
permit shall be paid as required at the time of filing application, in accordance
with the fee schedules as set by the governing body.
(v) Building Permit Valuations. If, in the opinion of the Building Official, the
s^ valuation of building, alteration, structure, electrical, gas, mechanical, or
plumbing systems appears to be underestimated on the application, the permit
shall be denied, unless the applicant can show detailed estimates to meet the
approval of the Building Official. Permit valuations shall include total cost,
such as electrical, gas, mechanical, plumbing equipment, and other systems,
including materials and labor.
(h) Inspections.
(i) Existing Building Inspections. Before issuing a permit the Building Official
may examine or cause to be examined any building, electrical, gas,
mechanical, or plumbing systems for which an application has been received
for a permit to enlarge, alter, repair, move, demolish, install, or change the
occupancy. He shall inspect all buildings, structures, electrical, gas,
mechanical, and plumbing systems, from time to time, during and upon
completion of the work for which a permit was issued. He shall make a record
of every such examination and inspection and of all violations of the
construction codes.
(ii) Manufacturers and Fabricators. When deemed necessary by the Building
Official he shall make, or cause to be made, an inspection of materials or
WWO assemblies at the point of manufacture or fabrication. A record shall be made
of every such examination and inspection and of all violations of the
NM construction codes.
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D
Inspection Service. The Building Official may make, or cause to be made,
the inspections required by subsection (vi), hereinbelow. He/she may accept
reports of inspectors of recognized inspection services provided that after
investigation he/she is satisfied as to their qualifications and reliability. A
certificate called for by any provision of the construction codes shall not be
based on such reports unless the same are in writing and certified by a
responsible officer of such service.
(iv) Inspections Prior to Issuance of Certificate of Occupancy or Completion. The
Building Official shall inspect or cause to be inspected at various intervals
all construction or work for which a permit is required, and a final inspection
shall be made of every building, structure, electrical, gas, mechanical, or
plumbing system upon completion, prior to the issuance of the certificate of
occupancy or completion.
(v) Posting of Permit. Work requiring a permit shall not commence until the
permit holder or his/her agent posts the permit card in a conspicuous place on
the premises. The permit shall be protected from the weather and located in
such position as to permit the Building Official or representative to
conveniently make the required entries thereon. This permit card shall be
maintained in such position by the permit holder until the certificate of
occupancy or completion is issued by the Building Official.
(vi) Required Inspections. The Building Official upon notification from the permit
holder or his agent shall make the following inspections and such other
inspections as necessary, and shall either release that portion of the
construction or shall notify the permit holder or his agent of any violations
which must be corrected in order to comply with the technical code:
(A) Building.
(1) Foundation and foundation wall Inspection: To be made after
trenches are excavated, the reinforcement is in place, and forms
erected prior to the placing of concrete.
(2) Framing Inspection: To be made after the roof, all framing,
fireblocking, bracing and fasteners are in place, all concealed
wiring, all pipes, chimneys, ducts, and vents are complete.
(3) Final Inspection: To be made after the building is completed
and ready for occupancy.
(4) Moisture Barrier Inspection: To be made prior to the
installation of the exterior finishing materials.
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(5) Final Inspection: To be made after the building is completed
and ready for immediate occupancy.
(B) Electrical.
(1) Underground Inspection: To be made after trenches or ditches
are excavated, conduit or cable installed, and before any
backfill is put in place.
(2) Rough -In Inspection: To be made after the roof, framing,
fireblocking, and bracing is in place and prior to the installation
of wall or ceiling membranes.
(3) Final Inspection: To be made after the building is complete, all
required electrical fixtures are in place and properly connected
or protected, and the structure is ready for occupancy.
(C) Plumbing.
(1) Underground Inspection: To be made after trenches or ditches
are excavated, piping installed, and before any backfill is put in
place.
(2) Rough -In Inspection: To be made after the roof, framing,
fireblocking, and bracing is in place and all soil, waste, and
vent piping is complete, and prior to this installation of wall or
ceiling membranes.
(3) Final Inspection: To be made after the building is complete, all
plumbing fixtures are in place and properly connected, and the
structure is ready for occupancy.
(4) Note: See Section 311 of the Standard Plumbing Code for
required tests.
(D) Mechanical.
(1) Underground Inspection: To be made after trenches or ditches
are excavated, underground duct and fuel piping installed, and
before any backfill is put in place.
(2) Rough -In Inspection: To be made after the roof, framing,
fireblocking, and bracing are in place and all ducting, and other
concealed components are complete, and prior to the
installation of wall or ceiling membranes.
Page 14 of 26
(3) Final Inspection: To be made after the building is complete,
the mechanical system is in place and properly connected, and
the structure is ready for occupancy.
(E) Gas.
(1) Rough Piping Inspection: To be made after all new piping
authorized by the permit has been installed, and before any
such piping has been covered or concealed or any fixtures or
gas appliances have been connected.
(2) Final Piping Inspection: To be made after all piping authorized
by the permit has been installed and after all portions which are
to be concealed by plastering or otherwise have been so
concealed, and before any fixtures or gas appliances have been
connected. This inspection shall include a pressure test.
(3) Final Inspection: To be made on all new gas work authorized
by the permit and such portions of existing systems as may be
affected by new work or any changes in order to insure
compliance with all the requirements of the construction codes
and to assure that the installation and construction of the gas
system is in accordance with reviewed plans.
(F) Energy.
(1) Foundation Inspection: To be made before slab concrete is
poured in place. To verify that perimeter insulation has been
installed correctly on any slab on grade foundations, if
required.
(2) Frame Inspection: To be made before exterior wall insulation
is concealed by wall board to check installation of exterior
walls insulation and to inspect that all holes and cracks through
the structure envelope have been sealed in an appropriate
manner as to restrict air passage.
(3) Final Inspection: To be made after the building is completed
and ready for occupancy. To verify installation and R -value of
ceiling and floor insulation. To verify correct SEER ratings on
appliances.
(vii) Written Release. Work shall not be done on any part of a building, structure,
electrical, gas, mechanical, or plumbing system beyond the point indicated in
each successive inspection without first obtaining a written release from the
Building Official. Such written release shall be given only after an inspection
Page 15 of 26
has been made of each successive step in the construction or installation as
indicated by each of the foregoing three inspections.
(viii) Reinforcing Steel, Structural Frames, Insulation, Plumbing, Mechanical, or
Electrical Systems. Reinforcing steel, structural frame, insulation, plumbing,
work of any part of any building or structure shall not be covered or concealed
without first obtaining a release from the Building Official.
(ix) Plaster Fire Protection. In all buildings where plaster is used for fire
protection purposes, the permit holder or his agent shall notify the Building
Official after all lathing and backing is in place. Plaster shall not be applied
until the release from the Building Official has been received.
(i) Certificates.
(i) Certificate of Occupancy.
(A) Building Occupancy. A new building shall not be occupied or a change
made in the occupancy, nature, or use of a building or part of a
building until after the Building Official has issued a certificate of
occupancy. Said certificate shall not be issued until all required
electrical, gas, mechanical, plumbing, and fire protection systems have
been inspected for compliance with the construction codes and other
applicable laws and ordinances and released by the Building Official.
(B) Issuing Certificate of Occupancy. Upon satisfactory completion of
construction of a building or structure and installation of electrical,
gas, mechanical, and plumbing systems in accordance with the
construction codes, reviewed plans and specifications, and after the
final inspection, the Building Official shall issue a certificate of
occupancy stating the nature of the occupancy permitted, the number
of persons for each floor when limited by law, and the allowable load
per square foot for each floor in accordance with the provisions of the
construction codes.
(C) Temporary/Partial Occupancy. A temporary/partial certificate of
occupancy may be issued for a portion of a commercial building,
which in the opinion of the Building Official, may safely be occupied
prior to final completion of the building. The temporary/partial
certificate of occupancy shall be forfeited if the certificate of
occupancy is not issued within ninety (90) days.
(D) Existing Building Certificate of Occupancy. A certificate of occupancy
for any existing building may be obtained by applying to the Building
Official and supplying the information and data necessary to determine
�.. compliance with the construction codes for the occupancy intended.
Page 16 of 26
Where necessary, in the opinion of the Building Official, two sets of
detailed drawings, or a general inspection, or both, may be required.
When, upon examination and inspection, it is found that the building
�.. conforms to the provisions of the construction codes and other
applicable laws and ordinances for such occupancy, a certificate of
occupancy shall be issued.
(ii) Certificate of Completion. Upon satisfactory completion of a building,
structure, electrical, gas, mechanical, or plumbing system, a certificate of
completion may be issued. This certificate is proof that a structure or system is
complete and for certain types of permits is released for use and may be
connected to a utility system. This certificate does not grant authority to
occupy or connect a building, such as a shell building, prior to the issuance of
a certificate of occupancy.
(iii) Service Utilities.
(A) Connection of Service Utilities. No person shall make connections
from a utility, source of energy, fuel, or power to any building or
system which is regulated by the construction codes for which a permit
is required, until released by the Building Official and a certificate of
occupancy or completion is issued.
(B) Temporary Connection. The Building Official may authorize the
mom" temporary connection of the building or system to the utility source of
energy, fuel, or power for the purpose of testing building service
systems or for use under a temporary certificate of occupancy.
(C) Authority to Disconnect Service Utilities. The Building Official shall
have the power to authorize disconnection of utility service to the
building, structure, or system regulated by the construction codes, in
case of emergency where necessary to eliminate an immediate hazard
to life or property. The Building Official shall notify the serving
utility, and whenever possible the owner and occupant of the building,
structure, or service system of the decision to disconnect prior to
taking such action. If not notified prior to disconnecting, the owner or
occupant of the building, structure, or service system shall be notified
in writing, as soon as practical thereafter.
0) Posting Floor Loads.
(i) Occupancy. An existing or new building shall not be occupied for any
purpose, which will cause the floors thereof to be loaded beyond their safe
Mow capacity. The Building Official may permit occupancy of a building for
mercantile, commercial, or industrial purposes, by a specific business, when
he is satisfied that such capacity will not thereby be exceeded.
Page 17 of 26
(ii) Storage and Factory -Industrial Occupancies. It shall be the responsibility of
the owner, agent, proprietor, or occupant of Group S and Group F
occupancies, or any occupancy where excessive floor loading is likely to
occur, to employ a competent architect or engineer in computing the safe load
capacity. All such computations shall be accompanied by an affidavit from the
architect or engineer stating the safe allowable floor load on each floor in
pounds per square foot uniformly distributed. The computations and affidavit
shall be filed as a permanent record of the Building Department.
(iii) Signs Required. In every building or part of a building used for storage,
industrial, or hazardous purposes, the safe floor loads, as reviewed by the
Building Official on the plan, shall be marked on plates or approved design
which shall be supplied and securely affixed by the owner of the building in a
conspicuous place in each story to which they relate. Such plates shall not be
removed or defaced, and if lost, removed or defaced, shall be replaced by the
owner of the building.
Section 8: Tests.
The Building Official may require tests or test reports as proof of compliance. Required tests
are to be made at the expense of the owner, or his/her agent, by an approved testing
OW" laboratory or other approved agency.
Section 9: Construction Board of Adjustment and Appeals.
(a) Appointment. The Council shall establish a board to be called the "Construction
Board of Adjustment and Appeals." Members shall be nominated by the Mayor and
approved by the Council.
(b) Membership and Terms.
(i) The Board shall be comprised of not less than three and not more than
five persons. Each member shall serve a term of 4 years and may serve
consecutive terms.
(ii) Quorum and Voting. A simple majority of the Board shall constitute a
quorum. In varying any provision of the construction codes, the affirmative
votes of the majority present shall be required. In modifying a decision of the
Building Official, not less than two affirmative votes shall be required. In the
event that regular members are unable to attend a meeting, the alternate
members, if appointed, shall vote.
(iii) Secretary of the Board. The Building Official shall appoint a secretary for the
Board and shall make a detailed record of all its proceedings, which shall set
Page 18 of 26
forth the reasons for its decision, the vote of each member, the absence of a
member, and any failure of a member to vote.
(iv) As provided in Code Section 2-5-3, the Council shall establish qualifications
for Board members.
(c) Powers. The Construction Board of Adjustments and Appeals shall have the power,
as further defined in subsection (d) herein below, to hear the appeals of decisions and
interpretations of the Building Official and consider variances of the construction
codes.
(d) Appeals.
(i) Decision of the Building Official. The owner of a building, structure, or
service system, or his duly authorized agent, may appeal a decision of the
Building Official to the Construction Board of Adjustments and Appeals
whenever any one of the following conditions are claimed to exist:
(A) The Building Official rejected or refused to approve the mode or
manner of construction proposed to be followed or materials to be
used in the installation or alteration of a building, structure or service
system.
(B) The provisions of the construction codes do not apply to this specific
case.
(C) That an equally good or more desirable form of installation can be
employed in any specific case.
(D) The true intent and meaning of the construction codes or any of the
regulations thereunder have been misconstrued or incorrectly
interpreted.
(ii) Variances. The Construction Board of Adjustments and Appeals, when so
appealed to and after a hearing, may vary the application of any provision of
the construction codes to any particular case when, in its opinion, the
enforcement thereof would do manifest injustice and would be contrary to the
spirit and purpose of this or the construction codes or public interest, and also
finds all of the following:
(A) That special conditions and circumstances exist which are peculiar to
the building, structure, or service system involved and which are not
applicable to others.
(B) That the special conditions and circumstances do not result from the
r action or inaction of the applicant.
Page 19 of 26
(C) That granting the variance requested will not confer on the applicant
any special privilege that is denied by the construction codes to other
buildings, structures, or service system.
(D) That the variance granted is the minimum variance that will made
possible the reasonable use of the building, structure, or service
system.
(E) That the grant of the variance will be in harmony with the general
intent and purpose of the construction codes and will not be
detrimental to the public health, safety, and general welfare.
In granting the variance, the Board may prescribe a reasonable time limit
within which the action for which the variance is required shall be
commenced or completed or both. In addition, the Board may prescribe
appropriate conditions and safeguards in conformity with the construction
codes. Violation of the conditions of a variance shall be deemed a violation of
the construction codes.
(iii) Notice of Appeal. Notice of appeal shall be in writing and filed within 30
calendar days after the Building Official renders the decision. Appeals shall be
*P-- in a form acceptable to the Building Official.
,„ (iv) Unsafe or Dangerous Buildings or Service Systems. In the case of a building,
structure, or service system, which, in the opinion of the Building Official, is
unsafe, unsanitary, or dangerous, the Building Official may, in his order, limit
the time for such notice of appeals to a shorter period.
(e) Rules and Regulations.
(i) Establishment. The Board shall establish rules and regulations for its own
procedure not inconsistent with the provisions of these procedures. The Board
shall meet on call of the chairman. The Board shall meet within 30 calendar
days after notice of appeal has been received.
(ii) Decisions. The Construction Board of Adjustments and Appeals shall, in
every case, reach a decision without unreasonable or unnecessary delay. Each
decision of the Board shall also include the reasons for the decision. If a
decision of the Board reverses or modifies a refusal, order, or disallowance of
the Building Official or varies the application of any provision of the
construction codes, the Building Official shall immediately take action in
accordance with such decision. Every decision shall be promptly filed in
PWM writing in the office of the Building Official and shall be open to public
inspection. A certified copy of the decision shall be sent by mail or otherwise
r`w
to the appellant and a copy shall be kept publicly posted in the office of the
Page 20 of 26
Building Official for 2 weeks after filing. Every decision of the Board shall be
final, subject to such remedy as any aggrieved parry might have at law or in
equity.
Section 10: Severability.
If any section, subsection, sentence, clause, or phrase of the construction codes is for any
reason held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of the construction codes.
Section 11: Violations and penalties.
Any person, firm, corporation, or agent who shall violate a provision of the construction
codes, or fail to comply therewith, or with any of the requirements thereof, or who shall
erect, construct, alter, install, demolish, or move any structure, electrical, gas, mechanical, or
plumbing system, or has erected, constructed, altered, repaired, moved or demolished a
building, electrical, gas, mechanical, or plumbing system, in violation of a detailed statement
or drawing submitted and permitted there under, shall be guilty of a misdemeanor. Each such
person shall be considered guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of the construction codes is
committed or continued, and upon conviction of any such violation such person shall be
punished within the limits and as provided by state laws.
Article 3: Trenching
Section 1: Definitions.
(a) "Excavation" means any manmade cavity or depression in the earth's surface,
including its sides, walls, or faces, formed by earth removal and producing
unsupported earth conditions as results of the excavation. If installed forms or similar
structures reduce the depth to width relationship, an excavation may become a trench.
(b) "OSHA" means the U.S. Department of Labor, Occupational Safety and Health
Administration, or successor agency.
(c) "Supervisory personnel" means any person who has the responsibility for layout,
oversight, superintending, directing, or controlling an excavation or trench.
(d) "Trench" is a narrow excavation made below the surface of the ground. In general,
the depth is greater than the width, but the width of the trench is not greater than 15
feet.
Section 2: Prohibition.
No individual, partnership, corporation, or other entity of any kind whatsoever shall engage in any
excavation or trenching except in the compliance with the provisions of this Article and in
Page 21 of 26
compliance with any applicable laws of the State of Georgia or of the United States or any rules and
'"�"" regulations of the U.S. Department of Labor, Occupational Safety and Health Administration, or any
other state or federal governmental entity or department promulgating rules and regulations
ib" applicable to excavating and trenching.
Section 3: Adoption of Federal Regulations.
All safety and health regulations adopted by OSHA with regard to excavating and trenching
operations, particularly Part 1926, Sub part P -Excavations, Trenching, and Shoring, Section
1926.650, 1926.651, 1926.652, 1926.653 of the Code of Federal Regulations, as the same
now exist or may be hereafter amended are adopted as a part of this Article the same as if
quoted verbatim herein.
Section 4: Certificate Required
(a) No equipment operator or supervisory personnel shall participate in any excavation or
trenching or in any way work in an excavation or trench unless such person holds a
valid certificate evidencing satisfactory completion of a required educational program
on safe trench/excavation practices. No other person shall participate in or work in
any excavation or trenching site unless a certificate holder is present at the excavation
or trench site where work is being performed.
(b) In the event any person who holds a valid certificate from the City is found to be in
ftm violation of the safety standards or requirements on any job site, the certificate may
be revoked after notice and hearing as herein provided. In the event of revocation, the
certificate may be reinstalled one time upon repeat by the person of the educational
program required for issuance of the initial certificate.
Section 5: Permit Required.
(a) No excavation or trenching shall be performed until a permit or authorization for
same has been obtained from the City. Any applicant will be required to acknowledge
receipt and understanding of safety requirements before any permit will be issued. All
such permits shall be conspicuously posted upon the job site.
(b) No permit or authorization shall be issued unless an authorized agent of the applicant
holds a certificate.
Section 6: Inspection.
The City shall periodically inspect trench/excavation sites. Such inspectors shall, among
other things, verify the presence of the required permit, verify existence of required
wp . certificates, and verify compliance to OSHA safety standards herein above adopted. The
inspectors may operate pursuant to a contract between the City and a third -party entity.
am
Page 22 of 26
Section 7: Violations.
The City shall periodically inspect trench/excavation sites. Such inspectors shall, among
other things, verify the presence of the required permit, verify existence of required
certificates, and verify compliance to OSHA safety standards herein above adopted.
Section 8: Appeals.
Any individual, partnership, corporation, or other entity whose permit has been suspended or
revoked may appeal in a manner consistent with this Chapter.
Article 4: Miscellaneous Provisions.
Section 1: Maintenance of proper sanitary conditions on premises required;
procedures; enforcement.
(a) Every person, whether owner, tenant, agent, or employee owning, holding, or
occupying property in the City shall, at all times, maintain the property, whether a
vacant lot or otherwise, in a clean and sanitary condition, keeping all weeds cut,
wastepaper, trash and other rubbish of every sort cleaned off of the property. Said
duty to maintain property in a clean and sanitary condition shall include the duty to
cut and remove undergrowth, such as kudzu, briars, weeds in excess of 24 inches in
height, honeysuckle, other vines and seedlings, whenever such undergrowth becomes
a nuisance to persons residing in the area or operating businesses in the area. If such
undergrowth exists upon an unimproved lot, the Planning and Zoning Director may
reduce the extent to which the property must be maintained in such condition,
provided there are no imminent threats to public health and safety.
(b) It shall be the duty of the Community Development Director or a designee thereof to
give 5 days written notice, by certified mail, return receipt requested, and take
reasonable steps to deliver in person to any owner of property or other person
violating this section to appear before the City Council to show cause why these
provisions have not been complied with. In addition, the Community Development
Director or a designee shall immediately post a notification upon the property in
violation of this section in order to provide visual notification to property owners for
a period of 5 consecutive days.
(i) In lieu of inability to contact owners in other manners prescribed above,
posted notice shall serve as the official notice for the City Council hearing on
this matter.
(ii) After a hearing, if it is deemed by the Council that this section has not been
complied with, such owner or other person shall be given 5 days to comply
and if he/she fails or refuses to do so, the Public Works Director shall
thereupon cause the work to be done.
Page 23 of 26
(iii) For purposes of giving the notice to the owner of the property, as provided for
herein, the person shown as the owner of said property on the ad valorem tax
records of the City shall be sent such notice at the address shown thereon,
unless the City receives actual notice that another person owns said property
that owner shall be responsible for said violation.
(iv) The Council may, by majority vote, refer any and all cases described in this
section to the Municipal Court, and all hearings heretofore described as being
before the Council may be before the Municipal Court if the Council decides.
(c) When the Public Works Director has caused weeds to be cut from any premises, or
wastepaper, trash, or other rubbish removed, a notice shall be prepared assessing the
cost of the cutting of those weeds, cleaning and rendering sanitary such vacant lot or
other property against the owner, tenant, agent, or employee owning, occupying, or
controlling the property. The cost of such action shall be a debtor lien upon the
property so cleaned and rendered sanitary and a debt against the owner, tenant, agent,
or other party in charge of the property. The debtor lien shall date from the
completion of the work on the property as declared under City Council ordinance.
(d) A written statement shall be furnished by the City Clerk to the owner, agent, or other
parry in charge of the property subject to the assessment provided for herein showing
the amount of the assessment. It shall be the duty of the owner, agent, or other party
in charge of the property subject to the assessment to pay the City within 30 days
MW" after the receipt of the statement the entire amount of the assessment against the
property and the owner, tenant, agent, or other party in charge of the property.
(e) Any owner, tenant, agent, or other party in control of property subject to assessment
as provided herein who fails or refuses to pay to the City the amount of such
assessment at the expiration of 30 days after the service of the notice of statement
provided above, the City Clerk shall issue an execution bearing date of its issuance in
the name of the Mayor of the City and specifying the purpose for which it is issued
against the owner, tenant, agent, or other party in control of the property subject to the
assessment and also against the property of the owner, tenant, agent, or other party in
control of the property upon which the work in question is performed. The execution
shall assert and be a lien against the property from the day of the completion of the
performance of the work hereinbefore described and shall bear interest at the rate of 1
percent per month from the date on which it is issued. For the purposes of this
section, any period of less than 1 month shall be considered to be 1 month.
(f) The execution issued under these provisions shall be delivered to the Chief of Police
or a designee thereof who shall execute the same by levying upon and selling the
property described therein or so much thereof as may be necessary for the amount due
the City from the doing of such work, together with all costs that may accrue thereon.
.. The law applicable to the sales under other executions issued by this City shall apply
ago to the levy, notice, advertisement and sale made under the execution, and the levying
Page 24 of 26
officer shall have authority to execute a deed to the purchaser when the property is
sold and shall deliver the possession thereof to the purchaser within the time required
by law as under tax executions.
Section 2: Fire Limits.
The fire limits of the City for purposes of the building code shall be the same as is provided
in this Code.
Section 3: Overcrowding Prohibited.
(a) Bedroom requirements.
(i) Area for sleeping purposes. Every bedroom occupied by one occupant shall
contain at least 70 square feet of floor area, and every bedroom occupied by
more than one occupant shall contain at least 50 square feet of floor area for
each occupant thereof.
(ii) Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for
sleeping purposes.
(b) Overcrowding Specifications.
�•-• (i) Dwelling units shall not be occupied by more occupants than permitted by the
minimum area requirements of Table 4.5 as follows:
Table 4.5
Minimum Occupancy Area Requirements
Minimum Area in Square Feet
1-2
3-5
6 or More
Space
Occupants
Occupants
Occupants
Living Room a,b
No Requirements
120
150
Dining Room a,b
No Requirements
80
100
Itchen b
50
50
60
edrooms
Shall comply with Section 9-4-3(a).
Note a. See paragraph (2) of this section for combined living room/dining room
spaces.
Note b. See paragraph (1) of this section for limitations on determining minimum
occupancy area for sleeping purposes.
Page 25 of 26
(1) Sleeping area. The minimum occupancy area required by Table 4.5
shall not be included as sleeping area in determining minimum
occupancy area for sleeping purposes. All sleeping areas shall comply
with Section 9-4-3(a).
(2) Combined spaces. Combined living room and dining room spaces shall
comply with the requirements of Table 4.5 if the total area is equal to
that required for separate rooms and if the space is located so as to
function as a combination living room/dining room.
(c) Exception.
Nothing in this section shall prohibit an efficiency dwelling unit meeting the
following requirements:
(i) An efficiency unit occupied by not more than two occupants shall have a clear
floor area of not less than 220 square feet. An efficiency unit occupied by
three occupants shall have a clear floor area of not less than 320 square feet.
These required areas shall be exclusive of the areas required by subsection (b).
(ii) The unit shall be provided with a kitchen sink, cooking appliance, and
refrigeration facilities, each having a clear working space of not less than 30
RON" inches in front.
,,, (iii) The unit shall be provided with a separate bathroom containing a water closet,
lavatory, and bathtub or shower.
IT
(iv) The maximum number of occupants shall be three.
Page 26 of 26