O.C.G.A. § 8-2-23 (2019)
Revisions, amendments, and new editions generally; certain amendments and review required
(a)(1) The department, with the approval of the board, may from time to time revise and amend the state minimum standard codes either on its own motion or upon recommendation from any citizen, profession, state agency, or political subdivision of the state. Upon approval by a majority of the board, each such amendment, modification, or new provision shall be held to be in full force and effect as if it were included in the original adopted code. Prior to the adoption of any proposed amendment, modification, or new provision, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” for the adoption of rules. Such public hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department.
(2) Revisions of or amendments to the International Energy Conservation Code shall not become effective without the approval of the Division of Energy Resources of the Georgia Environmental Finance Authority. The department shall consult with the division during the revision or amendment of such code and shall submit such revisions or amendments to the division for approval at least ten days prior to the adoption thereof.
(3) The department shall make copies of amendments to codes available to members of the general public at such price as it deems reasonable to defray the costs of publication and handling. Notice of amendments to or adoption of a new edition of any state minimum standard code which is applicable state wide shall be provided by the department to the chief elected official and the chief building enforcement official of a municipality or county and to the chief fire official of each fire department certified pursuant to Article 2 of Chapter 3 of Title 25 at least ten days prior to the effective date of such amendments.
(4) The revision or amendment of any of the state minimum standard codes shall have reasonable and substantial connection with the public health, safety, and general welfare.
(b)(1) The department, with the approval of the board, may adopt a new edition of any state minimum standard code either on its own motion or upon recommendation from any profession, state agency, or political subdivision of this state. Upon approval by a majority of the board, each new code edition shall be held to be in full force and effect as if it was the original adopted code. Prior to the adoption of any new edition of a state minimum standard code, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” for the adoption of rules. Such public hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department.
(2) Notwithstanding the provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” or any other provision of law, the department shall not be required to make available or to distribute any copies of a new edition of a state minimum standard code adopted by the department.
(c)(1) On or before July 1, 2012, the department, with the approval of the board, shall amend applicable state minimum standard codes to require the installation of high-efficiency cooling towers in new construction permitted on or after July 1, 2012.
(2) As used in this subsection, the term “cooling tower” means a building heat removal device used to transfer process waste heat to the atmosphere.
(3) The standards related to high-efficiency cooling towers shall include without limitation the minimum standards prescribed by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1 as adopted and amended by the department.
(d)(1) On or after July 1, 2020, the department shall undertake a review of the tall mass timber provisions of the 2021 International Building Code, approved by the International Code Council, for the purpose of considering whether the department, with the approval of the board, shall amend the state minimum standard codes to include provisions for tall mass timber as contained in the 2021 International Building Code for construction types IV-A, IV-B, and IV-C.
(2) The department shall complete the review provided for in paragraph (1) of this subsection before July 1, 2021.
(e) On or after July 1, 2024, the department shall amend the state minimum standard codes to include provisions authorizing the use of ungraded lumber in the construction or repair of any accessory structure not containing habitable space on property zoned or primarily used for residential or agricultural purposes.
History
Ga. L. 1969, p. 546, § 5; Ga. L. 1978, p. 2212, §§ 4, 5; Ga. L. 1980, p. 1316, § 4; Ga. L. 1989, p. 1659, § 4; Ga. L. 1994, p. 1108, § 1; Ga. L. 2004, p. 551, § 3; Ga. L. 2010, p. 732, § 9/SB 370; Ga. L. 2010, p. 949, § 1/HB 244; Ga. L. 2020, p. 54, § 1/HB 777; Ga. L. 2023, p. 534, § 1/HB 132, effective July 1, 2023; Ga. L. 2024, p. 1052, § 1(b)(1)/SB 448, effective July 1, 2024. Amendments. The 2023 amendment, effective July 1, 2023, added subsection (e). The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, deleted “Georgia” preceding “state minimum” in paragraph (d)(1) and in subsection (e).
Annotations
Cross references. Powers and duties of Division of Energy Resources generally, § 50-23-32. Timber products, § 2-14-120 et seq. Editor’s notes. Ga. L. 2010, p. 732, § 1/SB 370, not codified by the General Assembly, provides: “The General Assembly recognizes the imminent need to create a culture of water conservation in the State of Georgia. The General Assembly also recognizes the imminent need to plan for
water supply enhancement during future extreme drought conditions and other water emergencies. In order to achieve these goals, the General Assembly directs the Georgia Department of Natural Resources to coordinate with its Environmental Protection Division, the Georgia Environmental Facilities Authority [now known as the Georgia Environmental Finance Authority], the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission to work together as appropriate to develop programs for water conservation and water supply.” Administrative rules and regulations. Georgia State Minimum Standards Code, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Department of Community Affairs, Georgia State Minimum Standard Codes, Rule 110-11-1-.01 et seq. Law reviews. For article, “Conservation and Natural Resources,” see 27 Ga. St. U.L. Rev. 185 (2011).
JUDICIAL DECISIONS Georgia Department of Community Affairs exceeded authority. - 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).
OPINIONS OF THE ATTORNEY GENERAL Inclusion of manufacturerdeveloped standard in Plumbing Code. - Under O.C.G.A. § 8-2-23, the Department of Community Affairs would be authorized, within the department’s
discretion, to include in the Georgia State Plumbing Code an industry or manufacturer-developed standard if that standard is determined by the department to have a reasonable and
substantial connection with public health, safety, and general welfare. 1984 Op. Att’y Gen. No. 84-14.