O.C.G.A.

O.C.G.A. § 8-2-20 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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As used in this part, the term: (1) “Board” means the Board of Community Affairs.

(2) “Commissioner” means the commissioner of community affairs. (3) “Department” means the Department of Community Affairs. (4) “Exempted building” means any of the following: (A) Any building whose peak design rate of energy usage for heating, cooling, ventilation, and lighting is less than one watt or 3.4 British thermal units (BTUs) per hour per square foot of floor area for all purposes; (B) Any building which is neither mechanically heated nor mechanically cooled; (C) Any mobile home; and (D) Any building owned or leased in whole or in part by the United States. (5) “Exterior envelope” means those elements of a building which enclose conditioned spaces through which thermal energy may be transferred to or from the exterior. (6) “New building” means any building on which final design is commenced after the adoption of the International Energy Conservation Code under this part. (7) “Public building” means any building which is open to the public during normal business hours and is not an exempted building, including the following: (A) Any building which provides facilities or shelter for public assembly or which is used for educational, office, or institutional purposes; (B) Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retails merchandise; (C) Any portion of an industrial plant building used primarily as office space; and (D) Any building owned by the state or a political subdivision or instrumentality thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas, and university buildings. (8) “Renovated building” means either of the following: (A) A building undergoing alteration of the exterior envelope; heating, ventilation, and air-conditioning systems; water-heating systems; or lighting systems, for which the aggregate cost of alteration exceeds 10 percent of the assessed value of the building immediately prior to such alteration; or

(B) A building undergoing alteration in the physical configuration or interior space, for which the aggregate cost of alteration exceeds one-fourth of the assessed value of the building immediately prior to such alteration. (9)(A)(i) On and after October 1, 1991, “state minimum standard codes” means the following codes: (I) Standard Building Code (SBCCI); (II) National Electrical Code as published by the National Fire Protection Association; (III) Standard Gas Code (SBCCI); (IV) Standard Mechanical Code (SBCCI); (V) Georgia State Plumbing Code or the Standard Plumbing Code (SBCCI); (VI) Council of American Building Officials One- and Two-Family Dwelling Code, with the exception of Part V - Plumbing (Chapters 20-25) of said code; (VII) Georgia State Energy Code for Buildings as adopted by the State Building Administrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on September 30, 1991; (VIII) Standard Fire Prevention Code (SBCCI); (IX) Standard Housing Code (SBCCI); (X) Standard Amusement Device Code (SBCCI); (XI) Excavation and Grading Code (SBCCI); (XII) Standard Existing Buildings Code (SBCCI); (XIII) Standard Swimming Pool Code (SBCCI); and (XIV) Standard (SBCCI).

Unsafe

Building

Abatement

Code

(ii) The codes provided in division (i) of this subparagraph shall mean such codes as they exist on October 1, 1991, provided that the department, with the approval of the board, may adopt a subsequently published edition of any such code as provided in subsection (b) of Code Section 8-2-23; and provided, further, that any such code may hereafter be amended or revised as provided in subsection (a) of Code Section 8-2-23. (B)(i) On or after July 1, 2004, “state minimum standard codes” means the following codes:

(I) International Building Code (ICC); (II) National Electrical Code (NFPA); (III) International Fuel Gas Code (ICC); (IV) International Mechanical Code (ICC); (V) International Plumbing Code (ICC); (VI) International Residential Code for One- and TwoFamily Dwellings (ICC); (VII) International Energy Conservation Code (ICC); (VIII) International Fire Code (ICC); (IX) International Existing Building Code (ICC); (X) International Property Maintenance Code (ICC); and (XI) Any other codes deemed appropriate by the board for the safety and welfare of Georgia’s citizens. (ii) The codes provided in division (i) of this subparagraph shall mean such codes as they exist on July 1, 2004, provided that the department, with the approval of the board, may adopt a subsequently published edition of any such code as provided in subsection (b) of Code Section 8-2-23; and provided, further, that any such code may hereafter be amended or revised as provided in subsection (a) of Code Section 8-2-23. (C) References to any standard code in this part shall mean one of the standard codes listed in division (i) of subparagraph (A) or division (i) of subparagraph (B) of this paragraph. (D) The term “state minimum standard codes” shall specifically not include the Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section 25-2-13 nor shall any state minimum standard code be less restrictive than the Georgia State Fire Code.

History

Ga. L. 1978, p. 2212, § 3; Ga. L. 1980, p. 1316, § 2; Ga. L. 1989, p. 1659, § 1; Ga. L. 1990, p. 1364, § 1; Ga. L. 2004, p. 551, § 1.

Annotations

Law reviews. For article, “Administrative Law,” see 63 Mercer L. Rev. 47 (2011).

JUDICIAL DECISIONS International Residential Code for one and two family dwellings. - Trial court did not err in denying the buyers’ motion asking the court to take judicial

notice of Rule 110-11-1-.11 of the Georgia Department of Community Affairs (DCA), which related to the applicable building code for one- and two-family dwellings,

because the trial court correctly found that the DCA exceeded its authority in adopting the International Residential Code for One and Two Family Dwellings (IRC) as a later edition of the Council of American Building Officials One- and Two-Family Dwelling Code (CABO); by its own terms, the IRC was not a subsequent or new edition of the CABO but an entirely new code based upon a study of a number of existing building codes. Lumsden v. Williams, 307 Ga. App. 163, 704 S.E.2d 458, 2010 Ga. App. LEXIS 1117 (2010). No negligence per se claim for failing to follow building code. - Trial court did not err in granting summary

judgment to a condominium association on a visitor’s negligence per se claim arising from the visitor being injured in the revolving door because the absence of a separate door within 10 feet of the revolving door as required by the building code, and adopted by Georgia under O.C.G.A. § 8-2-20(9)(B)(i)(I), as the consequences to be guarded against by the installation of a side-swinging door within ten feet of a revolving door were not obvious and the visitor failed to show that the door malfunctioned in any manner. Siegel v. Park Ave. Condo. Ass’n, 322 Ga. App. 337, 744 S.E.2d 876, 2013 Ga. App. LEXIS 513 (2013).

Notes of Decisions

Cited in 7 cases, 2001–2013 · leading case: Lumsden v. Williams, 704 S.E.2d 458 (Ga. Ct. App. 2010).

Sort: Relevance Newest Treatment

Lumsden v. Williams, 704 S.E.2d 458 (Ga. Ct. App. 2010). · cites it 10× “OCGA § 8-2-20 (9) (A) (i) (VI) & (9) (A) (ii); Ga.”

Burroughs v. Mitchell Cnty., 720 S.E.2d 335 (Ga. Ct. App. 2011). · cites it 4× “OCGA § 8-2-20 (9) (A) (i) (I) (1995). 2 The county defendants asked the trial court to take judicial notice of the SBC, portions of which are included in the record.”

Fulton Cnty. v. Action Outdoor Advert., Jv, LLC., 711 S.E.2d 682 (Ga. 2011). · cites it 2× “2 The trial court specifically identified one such regulation in its final order, requiring that the signs meet or exceed all structural safety and soundness requirements of OCGA § 8-2-20 (9) (B), the 2006 International Building Code, with Georgia amendments.”

Hickey v. Bowden, 548 S.E.2d 347 (Ga. Ct. App. 2001). · cites it 2× “9; OCGA §§ 8-2-20 (9) (B) (i) (VI); 8-2-25; 8-2-28.”

Siegel v. Park Avenue Condo. Ass'n, 744 S.E.2d 876 (Ga. Ct. App. 2013). · cites it 2× “1 of the International Building Code, which Georgia has adopted as the state minimum standard building code per OCGA § 8-2-20 (9) (B) (i) (I). The Association manager testified that the door installation contractor informed the Association at the beginning of the project that to…”

Stancliff v. Brown & Webb Builders, Inc., 561 S.E.2d 438 (Ga. Ct. App. 2002). · cites it 2× “The Stancliffs, for their part, came forward with evidence that there was a latent defect in the house of which they were not aware at the time of purchase and, as untrained laymen, could not be expected to detect.”

Lorraine Siegel v. Park Avenue Condo. Ass'n, Inc. (Ga. Ct. App. 2013). · cites it 2× “1 of the International Building Code, which Georgia has adopted as the state minimum standard building code per OCGA § 8-2-20 (9) (B) (i) (I). The Association manager testified that the door installation contractor informed the Association at the beginning of the project that to…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.