O.C.G.A. § 7-9-13 (2019)

Annotations

Cross references. Georgia Building Authority (Markets), § 2-10-1 et seq. Georgia Education Authority (Schools), § 20-2-550 et seq. Georgia Education Authority (University), § 20-3-150 et seq. Private Colleges and Universities Facilities Authority, § 20-3-200 et seq.

Georgia Building Authority (Hospital), § 31-7-20 et seq. Georgia Building Authority (Penal), § 42-3-1 et seq. Georgia Building Authority, § 50-9-1 et seq.

CHAPTER 1 GENERAL PROVISIONS Reserved

CHAPTER 2 STANDARDS AND REQUIREMENTS FOR CONSTRUCTION AND ALTERATION OF BUILDINGS AND OTHER STRUCTURES Sec.

Article 1 Buildings Generally

Sec.

PART 1

Legislative findings. Purpose of part. Requirements for high-efficiency plumbing fixtures. Certain residential fire sprinkler requirements prohibited. PART 2

PART 2A RESOLUTION OF CONSTRUCTION DEFECTS

STATE BUILDING, PLUMBING, AND ELECTRICAL CODES

Definitions. Enforcement of code appendices. Rules governing licensing of trades, professions, and businesses. Revisions, amendments, and new editions generally; certain amendments and review required. Advisory committee; review of proposed amendments, modifications, and new provisions. Review of denial of proposed amendment, modification, or new provision to code. Application of minimum standard codes; local adoption and requirements; exemptions. Local enforcement, inspectors, and building permits. Qualified inspectors; inspection reports. Energy conservation code;

applicability; enforcement; appeals. Construction code; local adoption and enforcement. Powers of department generally. Applicability of part. Effect of part.

Legislative findings. Definitions. Stays of action for failure to comply. Procedure for actions subject to part. Discovery of additional defects after original notice given. Effect of claimant’s acceptance of settlement; subrogation of insurance. Notice to consumer required. Associations; bribery prohibited; applicable procedures. Effect and application of part. PART 3 FIRE ESCAPES

Fire escapes and exit doors; requirements. Inspections; reports; noncompliance. Alterations and additions required; making inspections and reports. Power of cities to extend coverage of part. Penalty.

Sec.

PART 4 BOILERS, PRESSURE VESSELS, AND WATER HEATERS Sec. 8-2-70 through 8-2-75. [Reserved].

PART 5 GLASS INSTALLATIONS

8-2-90 through 8-2-95. [Reserved]. PART 6

ELEVATORS, DUMBWAITERS, ESCALATORS, MANLIFTS, AND MOVING WALKS

Definitions. Inspection and registration requirement; maintenance; alterations. Inspections. Operating permits. Employment of inspectors; fees and penalties; rules and regulations. Local government regulation and enforcement. Reporting of accidents; removal from service of equipment involved in accident. Penalties. Appeals from orders or acts of inspectors. Consultations; creation of committees of consultants. Exceptions from part; audit of compliance of local governmental units. Article 2

Factory Built Buildings and Dwelling Units

UNITS DESIGNED TO BE AFFIXED TO FOUNDATIONS OR EXISTING BUILDINGS Legislative findings. Definitions. Inspection and approval of industrialized buildings by commissioner or local government; modifications prohibited; costs; adoption of rules.

Rules and regulations; delegation of inspection authority; advisory committee; employees and training. Industrialized building meeting standards prescribed by other states; delegation of inspection authority. Appeals from applications of rules and regulations. Injunctive relief. Civil cause of action; damages, costs, and attorney’s fees. Cease and desist orders; civil penalties; appeals. Criminal penalties. Applicability of part. Authority to enter to determine compliance with part. Maintenance and inspection of records. PART 2

PART 1

Short title. Definitions. Authority of Commissioner; policy and purpose. Rules and regulations; investigations and inspections. Compliance with rules and regulations. Licensing. Manufacturing and monitoring inspection fees. Maintenance and inspection of records. Hearings; dispute resolution program. Alterations or modifications by retailers, retail brokers, or installers. Interference with representative of Commissioner; entry and inspection authorized. Inspections during transit authorized. Monetary penalty; injunctive relief.

Sec.

Sec. Adjustment of taxes and other fees for certain Georgia-domiciled manufacturers. Civil and criminal penalties for certain federal violations. Reporting and accounting for fees.

Certificate of Permanent Location. Recording of Certificate of Permanent Location; responsibilities of commissioner; notification to tax assessors. Status of home as part of real property.

PART 3

Subpart 1A

INSTALLATION OF MANUFACTURED HOMES AND MOBILE HOMES

Permanently Affixed Manufactured Home as Real Property

Definitions. Cooperative agreements. Rules and procedure for licensure and installation. Administration of part by Commissioner; investigation of consumer complaints. Compliance required. Licensing and permits. Compliance with manufacturer’s installation instructions; random inspections on installations. Penalties. Requirements not consistent with part prohibited. Hearings.

Subpart 2 Removal from Permanent Location

PART 3A INSTALLATION OF PRE-OWNED MANUFACTURED HOMES

Definitions. Health and safety standards for pre-owned manufactured homes; inspections; immunity.

Destruction of Manufactured Homes

Subpart 1 General Provisions

Definitions. Manufactured home as personal property; requirements for real property status; requirements for

Reversion of manufactured home to personal property; Certificate of Removal from Permanent Location required. Duties of commissioner upon receipt of Certificate of Removal from Permanent Location. Acceptance and recording of Certificate of Removal from Permanent Location by clerk of superior court. Subpart 3

PART 4

When manufactured home becomes real property; Certificate of Permanent Location; removal.

Certificate of Destruction required. Duties of commissioner upon receipt of Certificate of Destruction. Acceptance and recording of Certificate of Destruction by clerk of superior court. Subpart 4 Taxation and Fees

Taxation as real property. Filing fee.

BUILDINGS AND HOUSING Article 3

Application of Building and Fire Related Codes to Existing Buildings Sec.

Short title. Purpose and applicability of article. Definitions. Effect of article on state and local enforcement authorities. Alteration or repair without total compliance with new construction requirements. Identification and correction of certain conditions or defects. Consideration of compliance alternatives. Compliance alternatives for inadequate number of exits. Compliance alternatives for excessive travel distances to approved exit. Compliance alternatives for unenclosed or improperly enclosed exit stairways or vertical shafts. Compliance alternatives for inadequate fire partitions or walls.

Cross references. Standards and requirements for construction of public school buildings, § 20-2-16. Promulgation of rules and regulations by Safety Fire Commissioner regarding fire hazards in hotels, apartment houses, places of public assembly, and other places, § 25-2-19. Fire inspections of buildings, § 25-2-22 et seq. Access to and use of public buildings and accommodations by physically handicapped persons, §§ 30-3-1 et seq., and 30-4-1 et seq. Standards and requirements governing

Sec.

Compliance alternatives for lack of required protection of openings in exterior walls. Filing of approved compliance alternatives. Final review of projects; agreement of local authorities. Additions. Minor alterations or repairs; reduction or removal of features; alteration or repair without further compliance; installation of mechanical systems. Continuation of legal use and occupancy. Total change in use or occupancy. Change of portion of building to new use or occupancy. Changes which increase floor loading. Rules and regulations. Appeals of rulings or decisions. Immunity of state and local entities; liability of property owner or user.

installation of sewage management systems, § 31-3-5.1. General duty of owner of public building or place of public assembly to construct, repair, and maintain such facility so as to render facility reasonably safe, § 34-2-10. Prohibition against use of construction plans and specifications not prepared by or under supervision of registered professional engineer or architect, § 43-15-24. Sanitary regulations for hotels and inns, § 43-21-30 et seq. Law reviews. For survey article on contracts - legislation, see 34 Mercer L. Rev. 71 (1982).

RESEARCH REFERENCES Am. Jur. 2d. 13 Am. Jur. 2d, Buildings, § 1 et seq. 13B Am. Jur. Pleading and Practice Forms, Housing Laws and Urban Redevelopment, § 2. 26 Am. Jur. 2d, Elevators and Escalators, § 1 et seq. 35A Am. Jur. 2d, Fires, §§ 1 et seq., 41 et seq. 40 Am. Jur. 2d, Housing Laws and Urban Redevelopment, § 1 et seq. 49 Am. Jur. 2d, Landlord and Tenant, § 1 et seq. 53A Am. Jur. 2d Mobile Homes and Trailer Parks, §§ 1 et seq., 5 et seq. Am. Jur. Trials. Alternative Dispute Resolution: Construction Industry, 52 Am. Jur. Trials 209. Construction Dispute Resolution - Ar-

bitration and Beyond, 100 Am. Jur. Trials 45. C.J.S. 39A C.J.S. (Rev.), Health and Environment, §§ 47 et seq., 51 et seq., 58 et seq., 66. 64A C.J.S. (Rev), Municipal Corporations, § 1699. 84 C.J.S. (Rev), Taxation, § 261 et seq. 87 C.J.S., Towns, § 179 et seq. ALR. Liability of builder or real estate developer who sells new dwelling for failure to provide potable water, 16 A.L.R.4th 1246. Validity, construction, and application of the Uniform Fire Code, 46 A.L.R.5th 479.

ARTICLE 1 BUILDINGS GENERALLY RESEARCH REFERENCES ALR. Liability of governmental entity to builder or developer for negligent

issuance of building permit subsequently suspended or revoked, 41 A.L.R.4th 99.

PART 1 GENERAL PROVISIONS