Title 8, Chapter 2, Section 26
( 8-2-26)
(a) The governing body of any municipality or county adopting any
state minimum standard code shall have the power: (1) To adopt by ordinance or resolution any reasonable provisions
for the enforcement of the state minimum standard codes, including
procedural requirements, provisions for hearings, provisions for
appeals from decisions of local inspectors, and any other
provisions or procedures necessary to the proper administration
and enforcement of the requirements of the state minimum standard
codes; (2) To provide for inspection of buildings or similar structures
to ensure compliance with the state minimum standard codes; (3) To employ inspectors, including chief and deputy inspectors,
and any other personnel necessary for the proper enforcement of
such codes and to provide for the authority, functions, and duties
of such inspectors; (4) To require permits and to fix charges therefor; (5) To contract with other municipalities or counties adopting any
state minimum standard code to administer such codes and to
provide inspection and enforcement personnel and services
necessary to ensure compliance with the codes; and (6) To contract with any other county or municipality whereby the
parties agree that the inspectors of each contracting party may
have jurisdiction to enforce the state minimum standard codes
within the boundaries of the other contracting party. (b) The commissioner shall be authorized to establish a training
program for local inspectors whereby a representative of the
department, upon the request of the governing authority of a county
or municipality, may visit such county or municipality for the
purpose of training the inspectors of such county or municipality in
the effective enforcement of any state minimum standard code adopted
by such county or municipality. The commissioner may from time to
time establish regional training programs whereby the inspectors of
several different counties and municipalities may take advantage of
the training made available by such regional training programs. (c) No local inspector shall require any person performing work in
compliance with a state minimum standard code or variations thereto
which are in conformity with the provisions of this part to comply
with the standards of any other building code not covered by this
part. (d)(1) In lieu of inspection by an inspector or other person
employed by the governing authority of any county or municipality,
a licensed master plumber or utility contractor shall have the
option of installing a water or sewer line according to the
alternative inspection procedure described in this subsection
where the installation is on private property outside the building
underground. (2) If the master plumber or utility contractor elects to utilize
this inspection procedure, he or she shall file with the local
inspector: (A) Notice that the water and sewer line will be installed in
accordance with the Standard Plumbing Code and will be inspected
pursuant to the alternative inspection procedure described in
this subsection; (B) A copy of his or her master plumber or utility contractor
certificate issued by the State Construction Industry Licensing
Board; (C) A copy of his or her trenching competent person certificate; (D) A certificate showing that a bond has been filed in accordance with paragraph (2) of subsection (b) of Code Section 43-14-12, except that such bond shall be in the amount of $50,000.00 and issued by a surety rated "A," "Class VI," or better by the A. M. Best Company; and (E) Within five business days after completion of the
installation, a sworn certification that the water or sewer line
has been installed in accordance with the Standard Plumbing
Code. (3) The department shall promulgate a standard form notice and a
standard form certificate that shall be used to administer this
subsection. Local inspectors shall make copies of the standard
forms available to contractors. (4) The master plumber or utility contractor shall be required to
pay to the governing authority the applicable permit fee. (5) Upon submission of the certification required by this
subsection, the local governing authority shall be required to
accept the inspection without the necessity of further inspection
or approval, except that the local governing authority may perform
an inspection at any time and may issue a stop-work order if the
work is found to be in violation of code requirements. (6) Any other provision of this subsection notwithstanding, the
alternative inspection procedure described in this subsection
shall be applicable only to installations on private individual
single-family residential property. (e)(1) Any county or municipal building permit issued in this
state to a general contractor or homebuilder for residential or
commercial construction shall have prominently printed thereon at
least one inch apart from any other text on such permit and in
type size and boldness equal to or greater than any other type
size and boldness in the body of the permit the following: "The issuance of this permit authorizes improvements of the real
property designated herein which improvements may subject such
property to mechanics' and materialmen's liens pursuant to Part
3 of Article 8 of Chapter 14 of Title 44 of the Official Code of
Georgia Annotated. In order to protect any interest in such
property and to avoid encumbrances thereon, the owner or any
person with an interest in such property should consider
contacting an attorney or purchasing a consumer's guide to the
lien laws which may be available at building supply home
centers." (2) Any county or municipal construction permit, including but not
limited to mechanical, plumbing, or electrical permits, issued in
this state on existing residential or commercial property shall
have prominently printed thereon at least one inch apart from any
other text on such permit and in type size and boldness equal to
or greater than any other type size and boldness in the body of
the permit the following: "The issuance of this permit authorizes improvements of the real
property designated herein which improvements may subject such
property to mechanics' and materialmen's liens pursuant to Part
3 of Article 8 of Chapter 14 of Title 44 of the Official Code of
Georgia Annotated. In order to protect any interest in such
property and to avoid encumbrances thereon, the owner or any
person with an interest in such property should consider
contacting an attorney or purchasing a consumer's guide to the
lien laws which may be available at building supply home
centers." (3) Any person or entity which is issued a permit which authorizes
improvements to new or existing residential or commercial real
property shall be required to: (A) Post a copy of such permit in a conspicuous place in the
vicinity of such property where such improvements are being
undertaken; or (B) Deliver a copy of the permit to the property owner within
ten days after the permit is received. (f) A local inspector, including a fire service employee enforcing a
state or local fire safety standard, who specifies a code violation
noted during an inspection shall, upon the written request of the
permit holder, cite in writing the particular code book, section,
and edition of the code which is the basis of the violation. (g)(1) If a governing authority of a county or municipality cannot
provide inspection services within two business days of receiving
a valid written request for inspection, then, in lieu of
inspection by inspectors or other personnel employed by such
governing authority, any person, firm, or corporation engaged in a
construction project which requires inspection shall have the
option of retaining, at its own expense, a professional engineer
who holds a certificate of registration issued under Chapter 15 of
Title 43, and who is not an employee of or otherwise affiliated
with or financially interested in such person, firm, or
corporation, to provide the required inspection. (2) Any inspection conducted by a registered professional engineer
shall be no less extensive than an inspection conducted by a
county or municipal inspector. (3) The person, firm, or corporation retaining a registered
professional engineer to conduct an inspection shall be required
to pay to the county or municipality which requires the inspection
the same permit fees and charges which would have been required
had the inspection been conducted by a county or municipal
inspector.
(4) The registered professional engineer shall be empowered to
perform any inspection required by the governing authority of any
county or municipality, including, but not limited to, inspections
for footings, foundations, concrete slabs, framing, electrical,
plumbing, heating ventilation and air conditioning (HVAC), or any
and all other inspections necessary or required for the issuance
of a certificate of occupancy by the governing authority of any
county or municipality, provided that the inspection is within the
scope of such engineer's branch of engineering expertise. (5) The registered professional engineer shall submit a copy of
his or her inspection report to the county or municipality. (6) Upon submission by the registered professional engineer of a
copy of his or her inspection report to the local governing
authority, said local governing authority shall be required to
accept the inspection of the registered professional engineer
without the necessity of further inspection or approval by the
inspectors or other personnel employed by the local governing
authority unless said governing authority has notified the
registered professional engineer, within two business days after
the submission of the inspection report, that it finds the report
incomplete or the inspection inadequate and has provided the
registered professional engineer with a written description of the
deficiencies and specific code requirements that have not been
adequately addressed. (7) A local governing authority may provide for the
prequalification of registered professional engineers who may
perform inspections pursuant to this subsection. No ordinance
implementing prequalification shall become effective until notice
of the governing authority's intent to require prequalification
and the specific requirements for prequalification have been
advertised in the newspaper in which the sheriff's advertisements
for that locality are published. The ordinance implementing
prequalification shall provide for evaluation of the
qualifications of a registered professional engineer on the basis
of the engineer's expertise with respect to the objectives of the
inspection, as demonstrated by the engineer's experience,
education, and training. (8) Nothing in this subsection shall be construed to limit any
public or private right of action designed to provide protection,
rights, or remedies for consumers. |