HomeMy WebLinkAboutORDINANCE NO 12 07 139STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 12-07-139
AN ORDINANCE TO AMEND CHAPTER 10, BUILDINGS AND BUILDING REGULATIONS,
CONDITIONS OF THE PERMIT, OF THE CITY OF MILTON CODE OF ORDINANCES AS IT
PERTAINS TO ISSUANCE AND EXPIRATION OF ALL BUILDING PERMITS; PROVIDE AN
EFFECTIVE DATE; AND FOR OTHERLAWFUL PURPOSES
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called
Council meeting on the 16th day of July, 2012 at 6 p.m. as follows:
WHEREAS, Chapter 10 of the City of Milton Code of Ordinances regulates Buildings, within the City of
Milton; and
WHEREAS, Chapter 10, Article II, Division 2, Subdivision III, Section 10-91 of the City of Milton Code of
Ordinances regulates conditions of the permits, specifically addressing the issuance and expiration of permits
in the City of Milton; and
WHEREAS, the City Building Official has determined that to ensure the health, safety, and public welfare of
the citizens of the City of Milton be maintained, a utilization period for all building and building trade permits
issued for projects be within City limits be amended; and
WHEREAS, adoption of this text amendment will provide a vehicle for the Building Official and or Code
Enforcement to address projects that have been abandoned or work suspended for extended periods of time.
SECTION 1, Attached hereto and made a part herein;
SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and Cit ouncil
and the signature of approval of the Mayor.
ORDAINED this the 16th day of July, 2012. ��
Attest:
Sudie AM Gordon, City Clerk
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Mayor Joe LoAk hood
Sec. 10-91. — Conditions of the permit.
(a) 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.
(1) Every permit issued shall become invalid unless the work authorized by such permit is commenced within six
months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six
months after the time the work is commenced.
(2) Notwithstanding the initiation of work pursuant to a building permit, a building permit shall be subject to a
utilization period of 24 months from date of issuance. The permit shall expire and become invalid after the
given utilization period has elapsed. The utilization period begins on the date of permit issuance. The
expiration date for the building permit shall be specified on the permit. An exception to the 24 month
expiration may be granted in accordance with (3) below.
(3) Upon request of the applicant for a building permit at the time of the initial application, the building official
may approve an expiration date exceeding the utilization period if the applicant demonstrates that the
complexity and size of the project makes completion of the project within the utilization period unreasonable.
(4) A request for an extension of the utilization period may be submitted no later than 20 calendar days prior to the
expiration of the utilization period. The building official may extend the building permit one time for a period
up to and not exceeding 180 calendar days if the applicant shows that the work pursuant to the permit cannot be
completed within the utilization period due to circumstances beyond the applicant's control. The applicant's
name, address, telephone number, the building permit number, site address and a description of the
circumstances beyond the applicant's control which prevented completion of the work prior to the expiration
date shall be submitted to the building official. If the project is less than 50% complete (as determined by the
building official), the building official shall require a performance bond to be submitted prior to approval of the
extension. If a performance bond is required, the amount of the bond shall be justified with a cost estimate from
the applicant for the completion of the project.
(b) Issued on basis of affidavit.
(1) 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, 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.
(2) In addition, the architect or engineer shall be responsible for:
a. Conformity with the permit;
b. Providing copies of inspection reports as inspections are performed; and
c. Upon completion make and file with the building official a written affidavit that the work has been
done in conformity with the reviewed plans and with the structural provisions of the construction
codes.
(3) In the event such architect or engineer is not available, the owner shall employ in his or her place a competent
person or agency whose qualifications are reviewed by the building official.
(c) Plans. When the building official issues a permit, he or she shall enforce, in writing or by stamp, both sets of plans
"reviewed for code compliance."
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(1) One set of drawings so reviewed shall be retained by the building official and the other set shall be returned to
the applicant.
(2) The permitted drawings shall be kept at the site of work and shall be open to inspection by the building official
or his or her authorized representative.
(Ord. No. 06-11-58, § 1(ch. 9, art. 2, § 7 (f)), 11-21-2006; Ord. No. 07-02-09, § 1(ch. 9, art. 2, § 7(f)),
2-15-2007)
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