2018 Georgia Code Annotated

TITLE 8 BUILDINGS AND HOUSING

Chap.

• 1. General Provisions, Reserved.
• 2. Standards and Requirements for Construction, Alteration, Etc., of Buildings and Other Structures, 8-2-1 through 8-2-222.
• 3. Housing Generally, 8-3-1 through 8-3-332.
• 4. Clearance and Rehabilitation of Blighted Areas, 8-4-1 through 8-4-12.
• 5. Art in State Buildings, 8-5-1 through 8-5-9.
• 6. Construction Activity Prohibition on Abandoned Landfills, 8-6-1 through 8-6-4.
• 7. Pesticides in Public Buildings, 8-7-1.

Chapter 2. Standards and Requirements for Construction, Alteration, Etc., of Buildings and Other Structures, 8-2-1 through 8-2-222.

Reserved Article 1

Buildings Generally. Part 1

• 8-2-1. Legislative findings and intent.
• 8-2-2. Purpose of part.
• 8-2-3. Requirements for toilets, shower heads, faucets, and other high-efficiency plumbing fixtures.
• 8-2-4. Fire sprinklers in single-family dwelling units.

Part 2 STATE BUILDING, PLUMBING, AND ELECTRICAL CODES.

• 8-2-20. Definitions.
• 8-2-21. Adoption and continuation of state minimum standard codes; enforcement of codes.
• 8-2-22. Licensing of trades, professions, and businesses governed by Chapter 14 of Title 43 and rules and regulations of State Construction Industry Licensing Board.
• 8-2-23. Amendment and revision of codes generally; installation of high-efficiency cooling towers.
• 8-2-24. Appointment of advisory committee; reimbursement of members for expenses; use of subcommittees; submittal of proposed amendments, modifications, and new provisions to committee; meeting times of committee.
• 8-2-24.1. Review of denial of proposed amendment, modification, or new provision to code.
• 8-2-25. State-wide application of minimum standard codes; codes requiring local adoption and more stringent requirements by local governments; adoption of standards for which state code does not exist; exemption for certain farm buildings or structures.
• 8-2-26. Enforcement of codes generally; employment and training of inspectors; contracts for administration and enforcement of codes.
• 8-2-26.1. Definitions and requirements.
• 8-2-27. Conformance of buildings to energy conservation code; applicability to exempted and renovated buildings; appeals.
• 8-2-28. Adoption by municipality or county enforcing construction code of state minimum standard code.
• 8-2-29. Powers of department generally.
• 8-2-30. Scope of applicability of part generally.
• 8-2-31. Effect of part.

Part 2A RESOLUTION OF CONSTRUCTION DEFECTS.

• 8-2-35. Legislative findings and declarations.
• 8-2-36. Definitions.
• 8-2-37. Required compliance with this part.
• 8-2-38. Notice of claim; written response of contractor to claim; effect of contractor's failure to respond; inspection; offer of settlement and rejection of offer; alteration of procedure for notice.
• 8-2-39. Discovery of additional defects after original notice given.
• 8-2-40. Effect of claimant's acceptance of settlement; subrogation of insurance.
• 8-2-41. Notice to consumer prior to beginning initial construction work.
• 8-2-42. Bribery of property or association managers regarding claims for damages arising out of construction defects prohibited; procedure for bringing action to remedy construction defects.
• 8-2-43. No cause of action created; contractor's right to seek recovery from subcontractor or other professional; contract controls over provisions; applicability.

Part 3 FIRE ESCAPES.

• 8-2-50. Providing of fire escapes by building owners; requirements regarding location and construction of fire escapes and exit doors.
• 8-2-51. Inspection of buildings; notifying owners regarding noncompliance with requirements relating to fire escapes.
• 8-2-52. Requiring owners to make alterations and additions; time of making inspections and reports.
• 8-2-53. Power of municipal authorities to extend coverage of part.
• 8-2-54. Penalty.

Part 4 BOILERS, PRESSURE VESSELS, AND WATER HEATERS.

• 8-2-70 through 8-2-75 [Repealed].

Part 5 GLASS INSTALLATIONS.

• 8-2-90 through 8-2-95. [Repealed].

Part 6 ELEVATORS, DUMBWAITERS, ESCALATORS, MANLIFTS, AND MOVING WALKS.

• 8-2-100. Definitions.
• 8-2-101. Inspection and registration requirement; maintenance; alterations.
• 8-2-102. Inspections.
• 8-2-103. Operating permits.
• 8-2-104. Employment of inspectors; inspection fees; inspection rules and regulations.
• 8-2-105. Local government regulation and enforcement.
• 8-2-106. Reporting of accidents; removal from service of equipment involved in accident.
• 8-2-107. Penalties.
• 8-2-108. Appeals from orders or acts of inspectors.
• 8-2-109. Consultations; creation of committees of consultants.
• 8-2-109.1. Exceptions from part; audit of compliance of local governmental units.

Article 2 Factory Built Buildings and Dwelling Units.

Part 1 Units Designed to Be Affixed to

Foundations or Existing Buildings.

• 8-2-110. Legislative findings and purpose.
• 8-2-111. Definitions.
• 8-2-112. Inspection and approval of industrialized buildings by commissioner or local government; modifications prohibited; costs; adoption of rules.
• 8-2-113. Promulgation of rules and regulations by commissioner; delegation of inspection authority; rules and regulations continued in full force and effect; advisory committee; powers of commissioner; training programs.
• 8-2-114. Approval by commissioner of industrialized building meeting standards prescribed by other states; delegation of inspection authority.
• 8-2-115. Appeals from applications of rules and regulations.
• 8-2-116. Injunctive relief.
• 8-2-117. Civil cause of action against manufacturers, installers, or dealers of industrialized buildings; damages, costs, and attorney's fees.
• 8-2-117.1. Cease and desist orders and penalties for violations of part; appeals.
• 8-2-118. Penalty; separate violations.
• 8-2-119. Applicability of part.
• 8-2-120. Authority to enter to determine compliance with part.
• 8-2-121. Records and reports to be maintained by manufacturers, dealers, and installers; inspection of books, papers, records, and documents.

Part 2 MANUFACTURED HOMES.

• 8-2-130. Short title.
• 8-2-131. Definitions.
• 8-2-132. Authority of Commissioner; policy and purpose.
• 8-2-133. Promulgation of rules and regulations by Commissioner; making of investigations and inspections.
• 8-2-134. Manufacture and sale of manufactured homes constructed and assembled in accordance with rules issued by Commissioner.
• 8-2-135. Licenses for manufacturers who build, sell, or offer for sale manufactured homes in state; licenses for dealers of manufactured or mobile homes.
• 8-2-135.1. Manufacturing inspection fee; reinspection; monitoring inspection fee.
• 8-2-136. Records and reports of manufactured home manufacturers, retailers, retail brokers, and installers; inspection of such books and records.
• 8-2-137. Conduct of hearings and presentations of views; dispute resolution program.
• 8-2-138. Alterations or modifications in manufactured homes by retailers, retail brokers, or installers.
• 8-2-139. Interfering with representative of Commissioner in performance of duties; entry and inspection of premises where manufactured homes are manufactured or sold.
• 8-2-140. Power of authorized representative of Commissioner to stop and inspect manufactured homes in transit.
• 8-2-141. Monetary penalty; injunctive relief.
• 8-2-142. Adjustment of taxes, license fees, or other fees imposed on foreign manufacturers domiciled in states which impose higher taxes, license fees, or other fees on Georgia-domiciled manufacturers.
• 8-2-143. Civil and criminal penalty for violation of Section 610 of National Manufactured Housing Construction and Safety Standards Act of 1974 and regulations and final orders issued thereunder.
• 8-2-144. Reporting and accounting for fees.

Part 3 INSTALLATION OF MANUFACTURED HOMES AND MOBILE HOMES.

• 8-2-160. Definitions.
• 8-2-160.1. Cooperative agreements.
• 8-2-161. Duty of Commissioner to establish rules and procedures for licensure and installation.
• 8-2-162. Administration of part by Commissioner; investigation of consumer complaints.
• 8-2-163. Prohibited act.
• 8-2-164. License required; permit purchase.
• 8-2-165. Compliance with manufacturer's installation instructions; random inspections on installations.
• 8-2-166. Penalty for violation.
• 8-2-167. Political subdivisions prohibited from adopting or enforcing requirements not consistent with part.
• 8-2-168. Compliance with "Georgia Administrative Procedure Act."

Part 3A INSTALLATION OF PRE-OWNED MANUFACTURED HOMES.

• 8-2-170. Definitions.
• 8-2-171. Health and safety standards for pre-owned manufactured homes; inspections; immunity.

Part 4 MANUFACTURED OR MOBILE HOMES.

Subpart 1 General Provisions.

• 8-2-180. Definitions.
• 8-2-181. Manufactured home as personal property; requirements for real property status; requirements for Certificate of Permanent Location.
• 8-2-182. Recording of Certificate of Permanent Location; responsibilities of commissioner; notification to tax assessors.
• 8-2-183. Status of home as part of real property.

Subpart 1A Permanently Affixed Manufactured Home as Real Property.

• 8-2-183.1. Conditions under which manufactured home becomes real property; form and filing requirements for certificate of permanent location.

Subpart 2 Removal from Permanent Location.

• 8-2-184. Reversion of manufactured home to personal property; Certificate of Removal from Permanent Location required.
• 8-2-185. Responsibilities of commissioner following receipt of Certificate of Removal from Permanent Location.
• 8-2-186. Responsibilities of clerk of superior court upon receipt of Certificate of Removal from Permanent Location.

Subpart 3 Destruction of Manufactured Homes.

• 8-2-187. Certificate of Destruction and requirements for issuance.
• 8-2-188. Retention of titles by commissioner.
• 8-2-189. Requirements for filing with clerk of superior court.

Subpart 4 Fees.

• 8-2-190. Taxation as real property.
• 8-2-191. Filing fee.

Article 3 Application of Building and Fire

Related Codes to Existing Buildings.

• 8-2-200. Short title.
• 8-2-201. Purpose and applicability of article.
• 8-2-202. Definitions.
• 8-2-203. Effect of article on state and local enforcement authorities.
• 8-2-204. Alteration or repair without total compliance with new construction requirements.
• 8-2-205. Identification and correction of certain conditions or defects.
• 8-2-206. Consideration of compliance alternatives.
• 8-2-207. Compliance alternatives for inadequate number of exits.
• 8-2-208. Compliance alternatives for excessive travel distances to approved exit.
• 8-2-209. Compliance alternatives for unenclosed or improperly enclosed exit stairways or vertical shafts.
• 8-2-210. Compliance alternatives for inadequate fire partitions or walls.
• 8-2-211. Compliance alternatives for lack of required protection of openings in exterior walls.
• 8-2-212. Filing of approved compliance alternatives.
• 8-2-213. Final review of projects; agreement of local authorities.
• 8-2-214. Additions.
• 8-2-215. Minor alterations or repairs; reduction or removal of features; alteration or repair without further compliance; installation of mechanical systems.
• 8-2-216. Continuation of legal use and occupancy.
• 8-2-217. Total change in use or occupancy.
• 8-2-218. Change of portion of building to new use or occupancy.
• 8-2-219. Changes which increase floor loading.
• 8-2-220. Rules and regulations.
• 8-2-221. Appeals of rulings or decisions.
• 8-2-222. Immunity of state and local entities; liability of property owner or user.

Chapter 3. Housing Generally, 8-3-1 through 8-3-332.

Subpart 1 General Provisions

Subpart 1A Permanently Affixed Manufactured Home as Real Property

Subpart 2 Removal from Permanent Location

Subpart 3 Destruction of Manufactured Homes

Subpart 4 Fees

Article 1 Housing Authorities.

Part 1 GENERAL PROVISIONS.

• 8-3-1. Short title.
• 8-3-2. Legislative findings and declaration of necessity.
• 8-3-3. Definitions.
• 8-3-3.1. Additional definitions.
• 8-3-4. Creation of housing authorities.
• 8-3-5. Findings required before adoption of resolution.
• 8-3-6. Resolution as conclusive evidence of authority's establishment and authority.
• 8-3-7. Applicability of local laws, ordinances, and regulations to housing projects.
• 8-3-8. Exemption of authorities and their property from taxes and special assessments; payments in lieu of taxes and special assessments.
• 8-3-9. Filing reports with clerk; recommending legislation or other necessary action.
• 8-3-10. Vesting of fee simple title upon an authority's exercise of power of eminent domain.
• 8-3-11. Renting of housing units - Requirements as to fixing of rentals by authorities generally.
• 8-3-12. Dwelling accommodations for persons of low income; duties with respect to rentals and tenant selection.
• 8-3-13. Cooperation and joint operation by authorities.
• 8-3-14. Consolidated housing authorities for two or more municipalities.
• 8-3-15. Extraterritorial operation of city housing authorities.
• 8-3-16. Providing housing in rural areas.
• 8-3-17. Powers of authorities and board of regents as to dormitories; venue for actions regarding rights in projects and questions as to issuance of bonds; validation and confirmation of bonds.

Part 2 POWERS OF HOUSING AUTHORITIES GENERALLY.

• 8-3-30. General powers; applicability of laws as to acquisition, operation, or disposition of property by other public bodies.
• 8-3-31. Eminent domain.
• 8-3-31.1. "Public use" defined; eminent domain to be exercised solely for public use.
• 8-3-32. Borrowing money and accepting grants and other financial assistance from federal government; taking over, leasing, or managing projects constructed or owned by federal government; purpose and intent of article.
• 8-3-33. Contracts and agreements with federal government to obtain federal contributions to housing projects.
• 8-3-34. Housing studies and analyses.
• 8-3-35. Legislative findings; additional powers of authority; effect of financing with bond proceeds; issuance, sale, confirmation, and validation of bonds; venue of actions.
• 8-3-36. Prohibition of nonresidents suspected of criminal acts.

Part 3 HOUSING AUTHORITY COMMISSIONERS.

• 8-3-50. Appointment, qualifications, and tenure of commissioners; reimbursement for expenses.
• 8-3-51. Commissioners authority; quorum; voting by commissioners; chairman; vice-chairman; employment of personnel; obtaining legal services; delegation of powers or duties.
• 8-3-52. Disclosure and abstention requirements for interested commissioners and employees.
• 8-3-53. Removal of commissioners.

Part 4 OBLIGATIONS ON BONDS AND LEASES.

• 8-3-70. Bonds - Power of authorities to issue bonds; types of bonds; security for bonds.
• 8-3-71. Bonds - Liability of commissioner, state, and political subdivisions; status of bonds in regard to constitutional and statutory debt limitations and restrictions.
• 8-3-72. Bonds - Exemption of bonds and interest from taxation; article as contract by housing authorities and state with bondholders and transferees.
• 8-3-73. Bonds - Form; terms; rate of interest.
• 8-3-74. Bonds - Public sale of bonds; exceptions.
• 8-3-75. Bonds - Validity of signatures; negotiability.
• 8-3-76. Bonds - Effect of recital of purpose on face of bond.
• 8-3-77. Powers of authorities as to securing payment of bonds and lease obligations.
• 8-3-78. Remedies of obligee of an authority generally.
• 8-3-79. Additional remedies conferrable on obligee by an authority.
• 8-3-80. Exemption of property of authorities from execution sale; charges or liens on property of authorities; enforcement of mortgages, pledges, or liens by obligees of authorities.
• 8-3-81. Bonds and other obligations of authorities as legal investments.

Part 5 REGIONAL HOUSING AUTHORITIES.

• 8-3-100. Procedure for creating an authority.
• 8-3-101. Transfer of property to an authority.
• 8-3-102. Conditions precedent to adoption of resolution declaring need for an authority.
• 8-3-103. Public hearings on adoption of resolution.
• 8-3-104. Resolution as conclusive evidence of an authority's establishment; sufficiency of resolution.
• 8-3-105. Powers of an authority generally.
• 8-3-106. Commissioners - Appointment by county governing bodies.
• 8-3-107. Commissioners - Appointment of additional commissioner.
• 8-3-108. Commissioners - Terms of office; removal; record of removal proceedings.
• 8-3-109. Commissioners - Vesting of powers of an authority in commissioners; selection of chairman and other officers; employees; quorum; location of meetings.
• 8-3-110. Area of operation of county and regional authorities.
• 8-3-111. Addition of counties to an authority - Procedure; effect.
• 8-3-112. Addition of counties to an authority - Transfer of property to authority.
• 8-3-113. Addition of counties to an authority - Conditions precedent to adoption of resolution declaring need for expansion of authority.
• 8-3-114. Exclusion of counties from regional authority - Procedure generally; effect of reducing area of operation to one county.
• 8-3-115. Exclusion of county from regional authority - Conditions precedent to adoption of resolution declaring need for exclusion.
• 8-3-116. Detachment of a county by its own resolution; assumption of regional authority's bonds, notes, and other obligations by an authority thereafter established for county.
• 8-3-117. Creation of an authority for a county after exclusion or detachment from a regional authority; appointment of commissioners; scope of powers; subsequent inclusion in a regional authority.
• 8-3-118. Public hearing prior to adoption of resolution.

Part 6 PROVIDING HOUSING FOR PERSONS ENGAGED IN NATIONAL DEFENSE INDUSTRIES OR ACTIVITIES.

• 8-3-130. Declaration of necessity.
• 8-3-131. Definitions.
• 8-3-132. Conditions precedent to exercise of powers by an authority; scope of rights and powers of an authority generally.
• 8-3-133. Existence of war or national emergency as condition precedent to initiation of project.
• 8-3-134. Cooperation by an authority with federal government, other public bodies, and private agencies; leases of projects by an authority from federal government.
• 8-3-135. Aid and cooperation by state public bodies in development and administration of projects.
• 8-3-136. Issuance of bonds, notes, and other obligations by an authority.
• 8-3-137. Authorization for an authority to undertake projects and to cooperate with or act as agent for federal government; applicability of limitations, restrictions, and requirements in other; scope of powers.

Article 2 Housing Cooperation Law.

• 8-3-150. Short title.
• 8-3-151. Legislative findings and declaration of necessity.
• 8-3-152. Definitions.
• 8-3-153. Powers of state public bodies as to housing projects generally.
• 8-3-154. Contracts for payments to state public bodies for improvements, services, and facilities provided.
• 8-3-155. Appropriations to an authority by a city or a county for first-year expenses; loans and donations to authority.
• 8-3-156. Procedure for exercise of powers granted by article to state public bodies.

Article 3 Office of Housing.

• 8-3-170. Legislative findings; powers and duties of State Office of Housing.
• 8-3-171. State housing goal and report; assistance by other agencies and political subdivisions.
• 8-3-172. Funding for single-family housing; construction requirements.

Article 4 Fair Housing.

• 8-3-200. State policy; purposes and construction of article.
• 8-3-201. Definitions.
• 8-3-202. Unlawful practices in selling or renting dwellings; exceptions.
• 8-3-203. Unlawful denial of or discrimination in membership or participation in service or organization relating to selling or renting dwellings.
• 8-3-204. Discrimination in residential real estate related transactions; appraisals.
• 8-3-205. Permissible limitations in sale, rental, or occupancy of dwellings by religious organizations or private clubs; housing for older persons.
• 8-3-206. Powers and duties of administrator; housing and urban development programs of other agencies.
• 8-3-207. Educational and conciliatory activities; conferences; consultation as to extent of discrimination; reports.
• 8-3-208. Discriminatory housing practice complaint procedures.
• 8-3-209. Investigations; conciliation agreements; final report; breach of conciliation agreement; disclosure; action for temporary relief; transmittal of information.
• 8-3-210. Procedure where local fair housing law applicable.
• 8-3-211. Procedure on filing of discriminatory housing practice complaint.
• 8-3-212. Subpoenas and discovery; penalties for violations.
• 8-3-213. State action for enforcement; fines; damages; civil action by local agency; administrative proceeding.
• 8-3-214. Orders of board of commissioners.
• 8-3-215. Appeal from order of board of commissioners; attorney's fees and costs.
• 8-3-216. Filing order of administrator or board of commissioners in superior court and judgment thereon.
• 8-3-217. Civil actions by aggrieved persons.
• 8-3-218. Civil actions by Attorney General.
• 8-3-219. Expediting of actions under Code Section 8-3-217 or 8-3-218.
• 8-3-220. Adoption of provisions in local ordinance.
• 8-3-221. Cooperation with federal and local agencies.
• 8-3-222. Coercion, intimidation, threats, or interference.
• 8-3-223. Compliance with federal law.

Article 5 Housing Trust Fund for the Homeless.

• 8-3-300. Short title.
• 8-3-301. Definitions.
• 8-3-302. Fund created.
• 8-3-303. Amounts credited to trust fund.
• 8-3-304. Investments.
• 8-3-305. Payments from fund.
• 8-3-306. Commission established; members; officers; support personnel; appropriations and budget through Department of Community Affairs.
• 8-3-307. Expense allowance and travel reimbursement for members of commission.
• 8-3-308. Duties of commission.
• 8-3-309. Acceptance of federal funds; disposition.
• 8-3-310. Authorized disbursement.
• 8-3-311. Powers of commission to hold title, foreclose, commence action to protect or enforce rights, and exercise other rights for its benefit or protection.

Article 6 Documentation by Home Inspectors.

• 8-3-330. "Home inspector" defined.
• 8-3-331. Documentation required.
• 8-3-331.1. Licensing authority of political subdivision.
• 8-3-332. Criminal penalty.

Chapter 4. Clearance and Rehabilitation of Blighted Areas, 8-4-1 through 8-4-12.

• 8-4-1. Short title.
• 8-4-2. Legislative findings and declaration of necessity.
• 8-4-3. Definitions.
• 8-4-4. Power of authorities to prepare redevelopment plans and to undertake redevelopment projects; scope of authorities' powers, privileges, and immunities.
• 8-4-5. Approval of redevelopment projects by cities.
• 8-4-6. Power of authorities to make property available for use by private enterprise or public agencies; manner of valuation of property; obligations of purchasers and lessees.
• 8-4-7. Taxation of leased property.
• 8-4-8. Acquisition and development by authorities of lands not within blighted areas for redevelopment projects; findings required prior to acquisition; projects involving more than one city.
• 8-4-9. Cooperation by state public bodies in aid of redevelopment projects.
• 8-4-10. Financial aid from federal government; security for aid.
• 8-4-11. Bonds and other obligations as legal investments and security.
• 8-4-12. Investment in projects; acquisition, development, and sale of lands and improvements in project areas.

Chapter 5. Art in State Buildings, 8-5-1 through 8-5-9.

• 8-5-1. Short title.
• 8-5-2. Legislative purpose.
• 8-5-3. Definitions.
• 8-5-4. Gifts and appropriations.
• 8-5-5. Duties of the art council.
• 8-5-6. Purchases and commissions exempt from bidding requirements.
• 8-5-7. Ownership rights; rights of artists.
• 8-5-8. Annual report.
• 8-5-9. Sale of works of art by state.

Chapter 6. Construction Activity Prohibition on Abandoned Landfills, 8-6-1 through 8-6-4.

• 8-6-1. Short title.
• 8-6-2. Definitions.
• 8-6-3. Division landfill records; filing notice of existence of landfill.
• 8-6-4. Permit required for construction of building or enclosed structure; exception.

Chapter 7. Pesticides in Public Buildings, 8-7-1.

• 8-7-1. Use or application of pesticides in public buildings; notice; material safety data sheets; penalty.