101.2 [Chapter I of the Standard Building Code is amended in full to read as follows:] CHAPTER I. ADMINISTRATION SECTION 101. TITLE AND SCOPE
101.1. TITLE.
This ordinance shall be known and may be cited as "The Atlanta Building Code" hereinafter referred to as "this Code."
101.2. SCOPE.
The provisions of this Code shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenance connected or attached to such buildings or structures, unless otherwise exempted from the provisions of this Code.
This Code is hereby declared to be remedial. It shall be construed to secure the beneficial interests and purposes thereof - which are public safety, health and general welfare - structural strength and stability, means of egress, adequate light and ventilation, safety to life and property from fire and other hazards incidental to the design, construction, alteration, repair, removal or demolition of buildings or structures.
Other laws and ordinances affecting the construction, maintenance, alterations, repairs and use of buildings and facilities are as follows:
(a)ELECTRICAL CODE See the Electrical Code, Bureau of Buildings, Electrical Division.
(b)ELEVATOR CODE See the Elevator Ordinance, Bureau of Buildings, Electrical Division.
(c)GAS CODE See the Gas Code, Bureau of Buildings, Mechanical Division.
(d)HEATING AND AIR CONDITIONING CODE See the Heating and Air Conditioning Code, Bureau of Buildings, Mechanical Division.
(e)HOUSING CODE See the Atlanta Housing Code, Bureau of Buildings, Housing Division.
(f)COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL BUILDING MAINTENANCE CODE See Commercial, Institutional and Industrial Building Code, Bureau of Buildings, Building Division.
(g)PLUMBING CODE See the Plumbing Code, Bureau of Buildings, Mechanical Division.
(h)FIRE PREVENTION CODE For regulations governing fire prevention, see the Fire Prevention Code, Department of Public Safety, Bureau of Fire Service.
(i)ZONING ORDINANCE See the Zoning Ordinance, Bureau of Buildings, Zoning Division.
(j)GEORGIA FIRE SAFETY For regulations governing means of egress and safety to life requirements, see the Georgia Fire Safety Law and the rules of the Safety Fire Commissioner pertaining thereto, Bureau of Buildings, Building Division.
(k)GEORGIA STATE ENERGY CODE FOR BUILDINGS See Georgia State Energy Code for Buildings, Bureau of Buildings, Mechanical Division.
(l)GEORGIA STATE CODE FOR HANDICAPPED ACCESSIBILITY See Part VI, Chapter 91-11 of the State of Georgia Code entitled ,Miscellaneous Provisions., 101.2
(m)INTERNATIONAL EXISITING BUILDING CODE
(Ord. No. 2016-44(16-O-1604), § 1, 11-30-16)
101.3. PURPOSE.
The purpose of this Code is to provide minimum standards and regulations to safeguard life, limb, health, property, and public welfare of the citizens of the City of Atlanta, Georgia.
101.4. ALL NEW WORK TO CONFORM.
(a)No building or structure shall hereafter be constructed, repaired, altered, or removed, nor shall the equipment for the operation of a building, structure, or premises be constructed, installed, altered, repaired or removed, except in conformity with the provisions of this Code, unless specifically exempted therefrom.
(b)No building or structure shall be altered in any manner which would be in violation of the provisions of this Code or of any authorized rule or approval of the Director of the Bureau of Buildings made and issued thereunder, unless specifically exempted herein.
(c)Nothing in this Code shall prohibit the raising or lowering of a building to meet a change of grade in the street on which it is located, provided that the building is not otherwise altered.
(d)Whenever, in the opinion of the Director the full implementation of this Code would work an undue hardship in a specific case, the Director may waive the requirements in question to provide that some equivalent means of achieving substantially the same degree of safety is assured. Said waiver shall be in writing and shall state the equivalent methods by which safety shall be assured. Said waiver shall be made a part of the plans or permits in question.
(e)Mandatory automatic fire suppression systems. Except as provided in Section 101.4(e)(5) or otherwise noted, the following buildings and occupancies hereafter constructed shall be provided throughout with an approved automatic sprinkler system or other approved automatic extinguishing equipment.
For the purpose of this section, stories or height shall be counted at the primary level of exit discharge and ending at the highest occupied level. The primary level of exit discharge shall be that floor which is level with or above finish grade for fifty (50) percent or more of the buildings perimeter. Building levels below the primary level shall not be counted as a story in determining the height of a building; provided however that open air parking garages serving the buildings or occupancies referenced in this section are not required to be provided with automatic sprinkler protection.
(1)All multi-family dwellings and hotels three (3) stories or more in height; provided however, that a three (3) story building not otherwise required to be provided with automatic sprinkler protection in accordance with Table 400 (Allowable Heights and Building Areas) and designed such that each dwelling unit or guest room is provided with a direct exit to the exterior or is provided with open air balconies that provide exit access to approved exit(s) may be permitted without sprinkler protection.
Such automatic sprinkler systems shall be designed in accordance with NFPA 13-1985 (Standard for the Installation of Sprinkler Systems); provided however, that buildings not exceeding six (6) stories in height, may be designed in accordance with NFPA 13-R-1989 (Standard for the Installation of Residential Sprinkler System) or any subsequent rules that the Director may publish to provide economical installations, including but not limited to, hydraulic design method or innovative piping materials.
(2)See Section 506, Special Provisions for Highrise Group R and Group B Business Buildings for sprinkler and additional requirements.
(3)All buildings five (5) stories or more in height.
(4)All other buildings and portions of buildings and occupancy classifications, required elsewhere in this Code and including the Georgia Safety Fire Law, amended. (5) Areas within telecommunications equipment buildings, used exclusively for telecommunications equipment and associated generator and power equipment and under 101.4 101.8 the exclusive control of a telecommunications provider shall be exempt from requirements of mandatory sprinkler protection sections where the following alternate requirements are satisfied:
(a)Such areas are separated from the remainder of the building by construction equivalent to a one hour fire resistant wall and two hour floor/ ceiling assemblies.
(b)Such areas are provided with automatic fire detection to respond to visible and invisible particles of combustion.
(6)It shall be mandatory to provide an automatic fire sprinkler system in all new occupancies described in the building code as R-1 and R-2.
101.5. MAINTENANCE.
(a)All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this Code in a building when erected, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures.
(b)No building or structure shall be occupied unless it is in a safe and habitable condition as prescribed in this Code.
101.6. LANDMARK AND HISTORIC BUILDINGS AND DISTRICTS.
Except as provided in Section 101.8, Application to Existing Buildings, the provisions of this Code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as landmark and historic buildings when such buildings are judged by the Director of the Bureau of Buildings to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlarge-ment, restoration, relocation or moving of buildings within fire districts. The applicant for a permit must submit complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect.
101.7. BUILDINGS AFFECTED.
(a)The provisions of this Code apply to buildings and structures and their equipment on land or over water, and to construction such as vaults, areas or street encroachments, however placed, that are appurtenance to such buildings or structures.
(b)These provisions shall also apply to cityowned buildings, as they do to private buildings, except as may be otherwise specifically provided for by statue or ordinance.
(c)Except as provided in Section 101.8, Application to Existing Buildings, buildings in existence at the time of the passage of this Code may have their existing use or occupancy continued, if such use or occupancy was legal at the time of the passage of this Code, provided such continued use is not dangerous to life.
Any changes in the use or occupancy of any existing building or structure shall comply with the provisions of this Code for new buildings.
101.8. APPLICATION TO EXISTING BUILDINGS.
(a)General. The purpose of this section is to provide a minimum standard for safety to life in existing buildings not conforming to the requirements of this Code for new buildings with respect to means of egress, including enclosures of floor openings; the intent being to provide for continued use of existing buildings without undue hardship where possible, provided however, if the occupancy of an existing building is entirely changed, the building shall be made to conform to the requirements of this Code for the new occupancy. If the occupancy of only a portion of an existing building is changed and that portion is separated from the remainder as stipulated in Section 403, then only such portion need be made to conform.
101.8 The specific requirements of this Section may be modified by the Director to allow alternative arrangements that will secure as nearly equivalent safety to life from fire as practical, but in no case shall the modification afford less safety to life, in the judgement of the Director, that would be provided with compliance with the corresponding provision contained in this Code or other referenced standards.
(b)Retroactive Automatic Sprinkler Protection. The following buildings in existence at the time of this Code shall be provided with automatic sprinkler protection in accordance with NFPA 13, Standards for the installation of Sprinkler System or other standards as indicated or modified in this Section 101.8(b):
For the purpose of this section, stories or height shall be counted at the primary level of exit discharge and ending at the highest occupied level. The primary level of exit discharge shall be that floor which is level with or above finish grade for fifty (50) percent or more of the buildings perimeter. Building levels below the primary level shall not be counted as a story in determining the height of a building; provided however that open air parking garages serving the buildings or occupancies referenced in this section are not required to be provided with automatic sprinkler protection.
(1)All business occupancy (Group B) buildings six (6) stories or over 75 ft. in height shall be provided throughout with a complete approved automatic sprinkler system or other approved automatic suppression system designed in accordance with NFPA 13 - 1989 within the time period specified herein; provided, however that new full floor tenant alterations exceeding $25,000 in valuation which includes the removal/installation of fixed partitions or ceiling systems (including electrical lighting above the ceiling), shall install automatic sprinkler protection for that space only as a condition of that alteration permit.
Exception: Areas within telecommunications equipment buildings, used exclusively for telecommunications equipment and associated generator and power equipment, and under the exclusive control of a telecommunications provider shall be exempt from requirements of this section where the following alternate requirements are satisfied:
(a)Such areas are separated from the remainder of the building by construction equivalent to a one hour fire resistant wall and two hour floor/ ceiling assemblies.
(b)Such areas are provided with automatic fire detection to respond to visible and invisible particles of combustion.
(2)All mercantile and institutional occupancies six (6) stories or over 75 ft. in height.
(3)All residential occupancies (Group R) six (6) stories or more in height shall be designed in accordance with NFPA 13 or any subsequent rules that the Director of the Bureau of Buildings may publish to provide economical installations, including, but not limited to, hydraulic design methods, or innovative piping materials.
(4)Any assembly occupancy used or capable of being used for exhibition or display purposes shall be protected throughout by an approved automatic sprinkler system when the exhibition or display area exceeds 15,000 sq. ft.
(5)The following requirements shall be the specific responsibility of the authorized sprinkler contractor and shall be applicable where existing Class I, Class II or Class III standpipes are utilized to provide a Combined Standpipe system:
i.During such time periods as the installation of sprinkler systems may require, no standpipe or fire pump may be made inoperative without the Fire Department being given twenty-four (24) hour prior notice. Such notice shall be made by notifying the City of Atlanta Fire Communication Center at telephone number 911; and, 101.8
ii.Where buildings contain two (2) or more standpipes, at least one standpipe shall be maintained in such a manner that water can be discharged through piping, valves, hose outlets and allied equipment for the purposes of extinguishing a fire.
Where a building contains only one (1) standpipe riser, modifications to the system shall be conducted after normal working hours; and,
iii.Appropriate temporary signage shall be provided at all Fire Department Connections on the building indicating the operational status of the system.
(6)All total systems required in Section 101.8(b) shall be installed by December 31, 1995. No business license or permission to occupy shall be issued to such buildings unless when in compliance with this Code.
Exceptions:
(a)For buildings and individual spaces within buildings having documented leases that presently extend beyond December 31, 1995, an extension to December 31, 1999 shall be allowed provided however that leases of such building and spaces which expire between December 31, 1995 and December 31, 1999 shall be subject to compliance within 12 months of lease expiration.
(b)For buildings and individual tenant spaces within buildings presenting documented evidence of major asbestos presence or other toxic materials which would directly affect the installation of automatic sprinkler protection an extension to December 31, 1999 shall be allowed; provided, however that new full floor tenant alterations exceeding $25,000 in valuation which includes the removal/ installation of fixed permanent partitions or ceiling systems (including electrical lighting above the ceil-ing), shall install automatic sprinkler protection for that space only as a condition of that alteration permit.
(c)For buildings exceeding one million square feet in size an extension to December 31, 1999, shall be allowed; provided however, that new tenant alterations exceeding $25,000 in valuation which includes the removal/ installation of fixed permanent partitions or ceiling systems (including electrical lighting above the ceiling) and which includes a minimum of one half (1/2) of the total area as measured contiguously on the affected floor, shall install automatic sprinkler protection for that space only as a condition of that alteration permit.
(d)Condominiums (as defined in the Georgia Condominium Act at O.C.G.A. § 44-3-71(7).
(c)Requirements for Retroactive Mechanical and Electrical Systems.
(1)Where new full floor tenant alterations exceeding $25,000 in valuation which includes the removal/installation of fixed permanent partitions or ceiling systems (including electrical lighting above the ceiling) are performed, all abandoned wiring previously utilized for low voltage systems which are not approved for return air plenums shall be removed from above the ceiling plenum spaces, or the plenum space shall be protected with automatic partial sprinkler protection.
(2)All HVAC units exceeding 5,000 cfm shall be provided with listed smoke detectors installed in the supply system downstream of the filters to detect the presence of smoke and automatically stop the fan(s). Such modification shall be installed by December 31, 1995.
(3)For existing buildings having electrical systems of 277/480 volts with 1,000 amps or more which are designed without ground fault protection and use electric bussways, heat detectors shall be installed in each 101.8 electrical room to disconnect the overcurrent device supplying that circuit. Such modification shall be installed by December 31, 1995.
Exception: Telecommunications equipment buildings, used exclusively for telecommunications equipment and associated generator and power equipment and under the exclusive control of a telecommunications provider shall be exempt from requirements of this section.
(d)If, within any twelve (12) month period, alterations or repairs costing in excess of fifty (50) percent of the physical value of the building at the time of renovation are made to an existing building, such building shall be made to conform to the requirements of this Code for new buildings.
(e)If an existing building is damaged by fire or otherwise in excess of fifty (50) percent of the physical value before such damage is repaired, it shall be made to conform to the requirements of this Code for new buildings.
(f)If the cost of such alterations or repairs within any twelve (12) month period or the amount of such damage as referred to in Section 101(d) is more than twenty-five (25) percent but not more than fifty (50) percent of the physical value of the building at the time the damage occurred, the portions to be altered or repaired shall be made to conform to the requirements of this Code for new buildings to such extent as the Director of the Bureau of Buildings may determine in accordance with the requirements for Existing Occupancies in the Code for Safety to Life from Fire in Buildings and Structures (NFPA 101-1985).
(g)For the purpose of this section, physical value of the building shall be determined by the Director of the Bureau of Buildings.
(h)Repairs and alterations, not covered by the preceding paragraphs of this section, restoring a building to its condition previous to damage to deterioration, or altering it in conformity with the provisions of this Code or in such manner as will not extend or increase non-conformity or hazard, may be made with the same kind of materials as those of which the building is constructed; but not more than twenty-five (25) percent of the roof covering of a building shall be replaced in any period of twelve (12) months unless the entire roof covering is made to conform with the requirements of this Code for new buildings. (Ord. No. 1983-13, § 1, 3-11-83; Ord. No. 1983-14, § 1, 3-11-83; Ord. No. 1989-89, §§ I—IV, 12-22-89; Ord. No. 1993-20, § 1, 6-7-93; Ord. No. 2008-06(06O-0262, § 1, 2-12-08)
SECTION 102. ORGANIZATION
102.1. DIRECTOR.
There shall be a Director of the Bureau of Buildings who shall receive applications required by this Code, issue permits and furnish the prescribed certificates. For purpose of this Code, the word "Director" shall be defined as the Director of the Bureau of Buildings or an authorized representative. The Director shall examine premises for which permits have been issued and shall make necessary inspections to see that provisions of law are complied with and that construction is prosecuted safely. The Director shall enforce all laws relating to the construction, alteration, repair, removal, demolition, raising or lowering, equipment, use and occupancy, location, and maintenance of buildings and structures, except as may be otherwise provided for in other ordinances or regulatory measures. The Director shall, when requested by proper authority, or when the interests of the City of Atlanta, Georgia, so require, make investigations in connection with matters referred to in this Code and render written reports on the same. To enforce compliance with the law, to remove illegal or unsafe conditions or to secure the necessary safeguards, the Director shall issue such notices or orders as may be necessary.
102.2. INSPECTIONS REQUIRED.
(a)Inspections required under the provisions of this Code shall be made by the Director. Upon presentation of proper credentials, the Director may enter, at reasonable times, any building, structure or premises in the City of Atlanta, Georgia, to perform any duty imposed by this Code. The Director is hereby authorized and directed to enforce all provisions of this Code, and 102.3 is hereby invested with all police power necessary for the purpose of issuing subpoenas and copies of charges for the prosecution of any person or persons as may be charged with any violations of this or other ordinances of the City of Atlanta, Georgia.
(b)All construction, alteration, repair, installation, erection, removal, demolition, uses, locations, and maintenance of equipment, appliances or systems for which a permit has been issued as prescribed in this Code shall be subject to inspection by the Director.
(c)Work requiring a building permit shall not be commenced until the permit holder or agent shall have posted the building permit card in a conspicuous place on the front of the premises. The permit shall be protected from the weather and located in such a position as to permit the Director to conveniently make the required entries thereon. This permit card shall be maintained in such a position by the permit holder until the Certificate of Occupancy has been issued by the Director.
(d)The Director upon notification from the permit holder or agent, shall make the following inspections of buildings and such other inspections as may be necessary, and shall either approve that portion of the construction as completed or shall notify the permit holder or agent wherein the same fails to comply with the law:
Foundation Inspection: To be made after trenches are excavated and forms erected.
Frame Inspection: To be made after the roof, all framing, fire-blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete.
Final Inspection: To be made after the building is completed and ready for occupancy.
(e)Work shall not be done on any part of a building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the Director. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the foregoing three inspections.
(f)Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed in any manner whatsoever without first obtaining the approval of the Director.
(g)In all buildings where plaster is used for fire protection purposes, the permit holder or agent shall notify the Director after all lathing and backing is in place. Plaster shall not be applied until the approval of the Director has been received (See Chapter X).
(h)The Director may require that the owner or agent employ a special inspection service on large or special buildings or work. The special inspection service shall be qualified and approved by the Director. Reports in writing of all code violations and other information required by the Director shall be submitted.
102.3. RULES.
(a)The Director shall promulgate rules as prescribed in this Code and consistent therewith, it being the intent of this requirement that the standards of federal and state bureaus, national technical organizations or fire underwriters, as the same may be amended from time to time, shall serve as a guide in fixing the minimum rules of practice under this Code.
(b)For the purpose of securing for the public the benefits of new developments and yet ensuring public safety, the City of Atlanta, Georgia, shall make or cause to be made investigations, or may accept duly authenticated reports from recognized sources of new materials, equipment, appliances or systems intended for use in the City of Atlanta, Georgia, which are not provided for in this Code, and shall promulgate rules setting forth the conditions under which such materials, appliances, equipment or systems may be used.
(c)No rule of the Director shall become effective until four (4) weeks after notice of intention to enforce it shall have been given through the publication in a newspaper in general circulation in the City of Atlanta, Georgia, and until a public hearing on the same shall have been held; provided that said public hearing shall not be 102.3 necessary unless a request shall have been made for such hearing during the said period of publication, by notice to the Director. Such rule must be drawn in its proposed form and opened to public inspection at the time the notice to enforce is published.
102.4. RECORDS.
(a)The Director shall maintain a permanent record of the permit application and issuance thereon, which record shall indicate the name of the professional engineer or architect, if any, that has sealed the plans, specifications, plats, or reports pursuant to which said building permit is issued. Said report should indicate details on the size, type of building or structure, use for said building or structure and estimated cost of construction.
(b)All such records shall be open to public inspection for good and sufficient reasons at office hours observed by the City of Atlanta, Georgia, but shall not be removed from the office of the Director. (Ord. No. 1983-13, § 1, 3-11-83; Ord. No. 1983-14, § 1, 3-11-83)
SECTION 103. APPLICATION FOR PERMIT
103.1. WHEN REQUIRED.
It shall be unlawful to construct, erect, demolish, install, alter or repair or to commence the construction, erection, demolition, installation, alteration or repair of any building, structure, equipment, appliances or system without first obtaining a building permit in conformity with Section 104, unless said structure is specifically exempted by this Code.
Nothing in this Code shall be construed to allow the violation of any of the terms of the Atlanta Zoning Ordinance regardless of whether or not a permit is required.
103.2. APPLICATION FORM.
(a)An application for a permit shall be submitted in such form as the Director may prescribe.
(b)Such application shall be made by the owner or an authorized representative.
(c)Such application shall contain the full names and addresses of the applicant and of the owner.
(d)Such application shall describe briefly the proposed work and shall give such additional information as may be required by the Director.
(e)Performance of work under a permit shall affirm consent to conditions of the permit.
103.3. PLANS AND SPECIFICATIONS.
(a)When required by the Director, two or more copies of specifications, and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany every application. Such drawings and specifications shall contain name and address of designer and information in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with this Code. Such information shall be specific, and this Code shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used, as a substitute for specific information.
(b)The Director may require details, computations and other data necessary to describe the construction and basis of calculations and they shall bear the signature of the person responsible for the design. The plans shall show the use and occupancy and the design live loads of all parts of the building.
(c)All drawings, specifications and accompanying data shall bear the name and address of the designer. In the case of buildings or structures exceeding two stories in height or 5,000 square feet in area and/or costing $50,000 or more except one and two family dwellings, such designer shall be an architect or engineer legally registered under the laws of this State regulating the practice of architecture or engineering and shall affix an official seal to said drawings, specifications and accompanying data.
103.4
103.4. WORK EXEMPT FROM PERMIT.
Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provision of this code or any other laws and ordinances of the City of Atlanta. Permits shall not be required for the following:
(a)Building Permit: No permit or permit fee is required for any repair work to a single-family, duplex, multi-family or nonresidential structure with a total valuation of less than $10,000.00 provided that such work is otherwise lawful. As used herein, repair work shall mean the reconstruction or renewal of any part of an existing structure for the purpose of its maintenance. The following permit exemptions shall only apply to existing single-family, two-family or duplex residential structures or for existing accessory structures for such properties and without regard to cost:
i.Non-structural re-roofing repairs excluding truss repairs or shingle replacement provided that upon replacement no more than three layers of shingles remain;
ii.Repair or replacement of kitchen cabinets;
iii.Repair or replacement of bath cabinets or countertops not involving relocation of electric outlets or appliances or plumbing fixtures;
iv.Repair or replacement of interior doors;
v.Repair or replacement of drywall on ceilings or walls not to exceed three sheets;
vi.Repair or replacement of floor or wall coverings such as carpet, tile, hardwood, paneling, wallpaper, etc.;
vii.Interior or exterior painting;
viii.Repair or replacement of gutters;
ix.Non-structural porch or deck repairs; and
x.Repair or replacement of siding.
(b)HV/AC Permit: The following permit exemptions shall only apply to existing single-family, two-family or duplex residential structures or for existing accessory structures for such properties:
i.Repair or replacement of existing air conditioner condensers;
ii.Repair of existing furnaces and equipment; and
iii.Replacement of grills and diffusers on existing duct work.
(c)Plumbing Permit: The following permit exemptions shall only apply to existing single-family, two-family or duplex residential structures or for existing accessory structures for such properties:
i.Repair or replacement of existing kitchen fixtures (sinks); and
ii.Repair or replacement of existing bathroom fixtures (sinks, lavatories, bathtubs, showers).
(d)Electrical Permit: The following permit exemptions shall only apply to existing single-family, two-family or duplex residential structures or for existing accessory structures for such properties:
i.Repair or replacement of existing electrical outlets;
ii.Repair or replacement of existing electrical fixtures; and
iii.Installation, repair or replacement of low voltage systems such as security alarms, garage door openers, phone and cable lines, etc.
(e)Policies and Procedures: The director may adopt written policies and procedures to exempt additional classes of work exempt from permitting upon a finding that such additional class or classes is warranted and will not endanger the health or safety of building occupants or the public.
(f)No exemption for properties designated under Chapter 20 of the zoning ordinance: The foregoing permit valuation threshold and permit scope exemptions shall not 103.4 apply to any work to be conducted in a landmark, or historic district, or landmark or historic building or site governed by Chapter 20 of the zoning ordinance when such work affects exterior of the structure or site. Notwithstanding the foregoing, for property governed by said Chapter 20, no certificate of appropriateness or building permit or permit fee is required for any repair work with a total valuation of less than $2,500.00 provided that such work is otherwise lawful. (Ord. No. 2017-33(17-O-1307), § 2, 6-28-17)
SECTION 104. PERMITS
104.1. APPLICATIONS.
(a)Applications for permits shall be examined within a reasonable time after filing, provided however that no applicant shall be prevented from exercising their rights pursuant to O.C.G.A. § 8-2-26 to request in writing a determination as whether their application can be processed within the time frame set forth by such state law. If, after examination by the director, it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, the application shall be approved and a permit issued for the proposed work. If the director's examination reveals otherwise, or if the director finds that any ongoing construction subject to this Code and related to the building or structure for which the permit application has been filed does not comply with the applicable regulatory requirements, is subject to a notice or stop work order issued under Sections 106.1 or 106.2, the condition in violation has not been remedied or corrected, and the permit application is not necessary for such remedy or correction, such application shall be rejected and the applicant notified by a written report or otherwise.
(b)A nonrefundable minimum initial permit application fee of $175.00 shall be imposed for all building permit applications accepted for review. Any failure of the form of the payment offered for permit application fee shall result in the immediate cancellation of the application. Twenty-five dollars of the nonrefundable minimum initial permit application fee shall be allocated to fund the cost of technology improvement and such payments may be allocated to pay the cost of improvements already undertaken.
(c)For all permits requiring plan review, a portion of the total building permit fee shall be paid to cover the cost of plan review before any processing of the application shall occur. The applicant shall be responsible for providing accurate cost of construction information to the director in such form as the director shall specify.
(i)All applicants shall pay 50% of the total building permit fee based on the cost of construction information provided to the director at the time of the submittal of the application for plan review. The director may decline to continue plan review upon a finding that the cost of construction information submitted was inaccurate and if such determination is made, the director shall notify the applicant within three business (3) days that such determination has been made and that payment of the amount necessary to bring the amount paid to 50% of the total building permit fee that plan review will recommence.
(ii)Amendments or corrections to plans requiring a third review of the plans, and each subsequent plan amendment or correction may require the payment of an additional 25% of the estimated building permit fee or a fee of $150.00 per hour of plan review time whichever is smaller.
(iii)Revisions or amendments to plans for which a building permit has been issued, but for which no certificate of occupancy has been issued may, require an additional plan review fee in the event of changes discovered upon inspection that were not a part of the plans approved for permit issuance.
(iv)Within 30 days after the payment of the initial plan review fee (50% of the total building permit fee estimate), the applicant may present in writing a request that the building permit application be withdrawn. The Director may authorize 104.1 a refund of up to 50% of the plan review fee payment, provided that the cost for the plan review ($150.00 per hour of review per department) does not exceed the amount of refund requested as of the date when the Office of Buildings received the refund request. The initial permit application fee is not refundable.
(d)An application shall expire when there has been no activity on the application for a period of 180 days as described in this subsection.
(i)With respect to an application not approved for issuance of the building permit, "no activity" shall mean that the applicant of record has not responded to the director's written notification that additional information or correction of any of the required plans is required before further processing of the application can take place or that the applicant has failed to submit corrections to plans or additional information after having received the director's written instructions. Such written notifications may be made by e-mail or by other means such as dated notations during plan reviews where the applicant or a representative is present.
(ii)With respect to an application approved for issuance of the building permit, "no activity" shall mean that the applicant of record has not responded to the director's notification that all required approvals have been obtained and the building permit is awaiting issuance and that the final fee payment is due.
(iii)An expired application shall not be vested against any change in the zoning code, or any applicable building code, or any other ordinance of the City of Atlanta.
(iv)An expired application may be reactivated by the director, by the payment of the actual cost ($150.00 per hour) to review the plans for any change in the zoning code and any applicable building code but in no case shall this cost be less than $150.00. Reactivation of the application shall not excuse compliance with the provisions of the zoning code, or any applicable building code, or any other ordinance of the City of Atlanta in effect at the time of reactivation.
(v)Any changes requested to an expired application shall require an additional 50% of the cost of the building permit to cover the cost of review by all affected departments.
(e)An application shall be cancelled and shall not be reactivated after 365 days of no activity. For the purposes of determining when cancellation of the permit application shall occur, "no activity" shall have the same meaning which applies to the expiration of applications and begin as of the same date that the expiration period begins.
(f)Extensions of permit applications.
(i)Upon the request of applicant and payment of the fee required by this subsection prior to the expiration date or cancellation date of the permit application, it may be extended once as of right, for a period of up to 180 days. Any subsequent extensions of 180 days shall be at the discretion of the director, who may only grant further extensions upon a showing of extraordinary circumstances, and, payment of the fee prior to the date of expiration or expiration of the prior extension, provided however that no extension shall vest an application against changes in the zoning code or increases in building permit fee for any period greater than six months from the date when the permit would have first expired.
(ii)The cost for all permit application extensions shall be $100.00. During the period of the extension, the time for the application to be considered a cancelled permit by the operation of law shall be tolled but the fact that the extension has been granted shall not act to prevent the imposition of additional cost for the reactivation of an expired permit application as set forth above.
104.1
(g)Once the applicant has been contacted in the manner set forth in their application and been informed that all required approvals have been obtained and the building permit does not issue within 365 days of the date of such contact, the permit application shall be cancelled and may not be reactivated. Failure of the applicant to keep their contact information current by notifying the director in writing of the change in the contact information shall not extend the time before cancellation may occur.
(h)The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorizes is lawful.
(i)Nothing in this section shall be construed to prevent the building official from issuing a permit for the construction of a part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved. No permit issued pursuant to this section shall vest any rights in the applicant or permit holder in a manner that would excuse any failure to fully comply with all applicable requirements of the City Code prior to the issuance of the certificate of occupancy and all work that is done shall be fully at the risk of the permit holder.
(j)Interior work on the build-out of commercial buildings is permitted prior to the final approval of building plans provided however that such work shall be limited to the use of metal stud members. Such work can only be performed by a licensed contractor and shall require the submission of plans and the payment of a $200.00 nonrefundable "fast-track metal stud only" additional application fee. Any licensed contractor applying for such application shall acknowledge at the time of initial permit application that the work is entirely at risk and that any work not in conformity with the code or the plans must be corrected. The issuance of "fast-track metal stud only" permit through the additional application fee shall not excuse compli-ance from any requirement of Code or of other ordinances of the City of Atlanta, Georgia prior to issuance of a regular permit.
(k)The issuance of a permit based on applications, plans and/or specifications shall not prevent the director from thereafter requiring the correction of errors when in violation of this Code or of other ordinances of the City of Atlanta, Georgia.
(l)Information provided by an applicant of record including all details shown on the plans submitted shall be presumed to be given to the City with the consent of the owner and shall be binding with respect to all actions taken by the City in reliance upon such information. The submission of the application shall be sufficient for this presumption to become effective and signature of the applicant or owner is not required for the information to be considered a representation binding on the applicant or owner that the information in the application is truthful. (Ord. No. 2025-07(25-O-1055), § 1, 2-17-25)
104.2. FEES.
Any persons obtaining a building permit shall pay, to the City of Atlanta, fees in accordance with the value of the proposed work per square foot of building in addition to any application fee charged in Section 104.1. For purposes of this section, the minimum value of proposed new work (including new work to existing structures) shall be based on Table 100, Building Valuation Data provided by the International Code Council as updated February 2009 and as set forth herein. Valuation of alteration projects shall be based upon the estimated construction costs for new work. Minimum value for interior alterations without engineered structural work shall be 20% of the valuation of new building construction. For interior alterations involving structural engineering, the minimum valuation shall be 40% of the value of new building construction. The factor shall apply only the square footage being altered in the application and not the entire structure.
(a)Reserved.
(b)The amount of $7.00 per $1,000.00 of valuation based on Table 100 is the fee for the plan review of the building permit.
104.2 The final payment shall be the total of the valuation cost calculation less the plan review cost previously paid. The fact that the valuation cost calculation does not include the amount of development impact fees imposed pursuant to Chapter 19 or other fees imposed elsewhere in the Code does not relieve any applicant from the payment of any fees. No permit is valid until all fees imposed by the City have been paid and the payment validated by the Office of Revenue
(c)A reinspection fee of $50.00 shall be imposed for each reinspection after the initial inspection when a written notice has been issued requiring the correction of inferior work.
(d)A fee of double the usual permit fee will be charged for all building begun without a permit. However, in no case shall the penalty portion of said fee exceed $1,000.00. In the event that work is stopped for failure to obtain a permit and citations are issued for violation of the stop work order, any court imposed fines shall be for violation of the stop work order and every violation may constitute a separate offense.
(e)The fee for changing the contractor of record on a permit or permit application shall be $50.00.
(f)The fees for sign permits set forth in this section shall impose an additional amount to fees charged elsewhere in the City Code for sign permits where such fees are lower than the fees charged in this section such that the fee amount in this section shall be the actual amount of the fee.
(g)A fee of double the usual permit fee shall be charged for signs erected without a permit. However, in no case shall the penalty portion of said fee exceed $1,000.00.
(h)Fees for the issuance of certificates of occupancy (whether temporary or permanent which are each a separate fee) shall be as follows:
a.New one- and two-family residences shall be $100.00.
b.Additions to one- and two-family residence shall be $50.00.
c.Tenant build-out for residential condominium units shall be $100.00 per unit.
d.New commercial building of one story shall be $200.00.
e.New commercial building exceeding one story but less than eight stories in height shall be $200.00 plus $200.00 per additional floor or portion thereof.
f.Any building eight stories or higher shall be $300.00 per floor.
g.Tenant build-out for interior commercial spaces shall be $100 per story or portion thereof.
h.Condominium development (residential or commercial) common area and major systems (HVAC, gas, electrical, sprinklers, parking decks, and like components) shall be charged fees in the same manner as new commercial buildings.
i.The fee for the reprinting of duplicate certificate permits or certificates of occupancy shall be $50.00.
j.The fee for a certificate of completion shall be $100.00.
k.Emergency call-out inspection shall be $300.00.
l.Life Safety inspection shall be $200.00 per floor.
m.Fire or water damage preliminary inspection shall be $200.00 per inspection.
(i)A non-profit entity applying for a permit for the development of not for profit housing for the homeless may request an 104.2 exemption from building permit fees. In such cases, the director shall investigate the application and decide whether the application meets the criteria set forth in this subsection. For purposes of this sub-section a non-profit development is that constructed by an entity recognized as non-profit under § 501(c)(3) of the Internal Revenue Code or an entity meeting the requirements of § 501(c)(3).
(j)Development impact fees shall be imposed in accordance with Section 19-1001 et seq. of the City of Atlanta Code of Ordinances.
(k)The fee for the registration of contractors pursuant to O.C.G.A. § 8-2-26 shall be $100.00 per year.
(l)Fees for Additional Plan Review Services Requested by Applicant. By written request to the director, an applicant may receive additional services at a cost above the normal permit fees and which shall be performed by appointment outside of normal business hours at the discretion of the director, subject to availability of personnel and a written fee agreement concerning the following rates:
a.Initial consultation and preliminary plan review (maximum of two hours).
Single family interior $200.00 alteration Commercial interior $300.00 alterations New Commercial (less $500.00 than 8 stories)
New Commercial (8 $1,000.00 stories and up)
Single family new $300.00 construction Land Disturbance $500.00
b.Expedited plan review. Requires initial consultation and payment at the listed hourly rate:
Single family interior $150.00 alteration hour Commercial interior $200.00 alterations hour New Commercial (less $200.00 than 8 stories) hour New Commercial (8 $200.00 stories and up) hour Single family new $200.00 construction hour Land Disturbance $200.00 hour
(m)Miscellaneous permits - where a minimum permit fee is set forth, the rate of $7.00 per thousand dollars of the value of work shall be used to determine if the permit fee is to be above the minimum.
a.Construction of new cel-lular communication tower or commercial telecommunication satellite dish:. . . . . . . . . $1,825.00
b.Co-location on existing towers For each new collocated antenna or other wire-less facility on an exist-ing wireless support structure or new equip-ment box within an existing ground compound: . . . . . . . . . . .
$100 provided that all zoning, permitting, or other fee for review or inspection in the aggregate shall not exceed $500.
For each modification, meaning improvement, upgrade, expansion, or replacement of an exist-ing antenna or other wireless facility on an existing wireless sup-port structure or within an existing equipment:
$100 provided that all zoning, permitting, or other fee for review or inspection in the aggregate shall not exceed $500.
104.2
c.Awnings/Canopies— Per linear foot . . . . . . . .
d.Single-family residential carport or accessory building—Per sq. ft. . . . . . . . . . . . . . . . .
e.Single family residential garage or accessory building—Per sq. ft. . . . . . . . . . . . . . . . .
f.Single-family residential basement or attic:
Unfinished—Per sq. ft. Build-out—Per sq. ft. .
g.Decks/Balconies/ Porches SF residential—Minimum fee . . . . . . . . . . . . . . . . . . .
h.Re-roofing of existing structures—Minimum fee . . . . . . . . . . . . . . . . . . .
i.Demolition of residential buildings—Minimum per bldg. . . .
j.Demolition of commercial buildings— Minimum per bldg. . . .
k.Retaining walls— Minimum fee . . . . . . . . .
l.Fences 6 ft. or less in height—Minimum fee .
m.Fences greater than 6 ft. in height—Minimum fee . . . . . . . . . . . . . . . . . . .
n.Paving or resurfacing— Minimum fee . . . . . . . . .
o.SF Residential swimming pools or spas— Minimum fee . . . . . . . . .
p.Commercial swimming pools or spas— Minimum fee . . . . . . . . .
q.Sprinkler (up to 50 $35.00 $0.25 $0.38 $0.38 $0.33 $350.00 $360.00 $650.00 $1,860.00 $220.00 $75.00 $120.00 $200.00 $240.00 $1,750.00 heads) . . . . . . . . . . . . . . . $150.00 (More than 50 heads add $1.00 per head)
r.MEP permits—Minimum fee . . . . . . . . . $150.00 except public utility re-connection fee which shall be $50.00.
Each additional trade . $150.00 More than two plan reviews—Per review . .
$150.00
s.SF and Duplex Online "Remove & Replace" . .
Limited to: hot water tanks, dishwashers and similar appliances; kitchen cabinets; toilets, tubs, sinks and showers; interior or exterior painting only.
$50.00
(n)Fees for services provided by the Zoning Enforcement Division—Where a minimum permit fee is set forth, the rate of $150.00 per hour shall be used to determine if the permit fee is to be above the minimum.
a.Verification of non-conformity where necessary for determination of application for building permit— Minimum fee of $300.00.
b.Letters requesting verification of non-conformity—Minimum fee of $300.00.
c.Letters requesting zoning verification without investigation of non-conformity—Minimum fee of $100.00.
d.Verification of zoning for business license without investigation of non-conformity—Minimum fee of $50.00.
(o)Fee for sign permits—Where a minimum permit fee is set forth and the cost above the minimum is not rated per square foot, the rate of $150.00 per hour shall be used to determine if the permit fee is to be assessed shall be above the minimum. The rating of fees in square feet is for the 104.2 purpose of determining the charge for the installation of signs and does not determine whether a sign of a particular size will be allowed under the City of Atlanta Sign Ordinance. All permit fees are payable upon application and are nonrefundable.
a.General advertising signs—New applications and conversions involving changing signs—Minimum fee $1,050.00.
b.Wall signs—New applications and conversions involving changing signs—Minimum fee of $150.00 plus $1.00 per square foot of sign area. Where a second wall sign is reviewed as a part of the same application, only the $1.00 per square foot of sign area shall be charged for the second sign.
c.Freestanding signs—New applications and conversions involving changing signs—Minimum fee of $450.00 plus $1.00 per square foot of sign area. Where a second freestanding sign is reviewed as a part of the same application, only the $1.00 per square foot of sign area shall be charged for the second sign.
d.Shopping center signs shall be charged at the same rate as freestanding signs.
e.Portable signs—$75.00.
(p)Fee for sign permits—Where a minimum permit fee is set forth in Chapter 28A of the Zoning Code forth and the cost set for the herein would rise above that fee, the fees charged herein shall be in the nature of an additional fee.
TABLE 100 cost per sq. ft.
Group (2009 International Building Code)
IA IB IIA IIB IIIA IIIB IV VA VB A-1 Assembly, theaters, 211.15 203.98 198.73 190.05 178.25 173.30 183.31 162.97 156.05 with stage A-1 Assembly, theaters, 193.16 185.99 180.74 172.06 160.31 155.36 165.32 145.04 138.12 without stage A-2 Assembly, nightclubs 163.22 158.56 154.17 148.00 138.96 135.24 142.52 126.06 121.36 A-2 Assembly, restaurants, 162.22 157.56 152.17 147.00 136.96 134.24 141.52 124.06 120.36 bars, banquet halls A-3 Assembly, churches 195.10 187.93 182.68 174.00 162.21 157.26 167.26 146.94 140.02 A-3 Assembly, general, com- 163.81 156.64 150.39 142.71 129.91 125.96 135.97 114.63 108.71 munity halls, libraries, museums A-4 Assembly, arenas 192.16 184.99 178.74 171.06 158.31 154.36 164.32 143.04 137.12 B Business 164.76 158.78 153.49 145.97 132.45 127.63 139.92 116.43 110.93 E Educational 176.97 170.85 165.64 158.05 146.37 138.98 152.61 127.91 123.09 F-1 Factory and industrial, 97.87 93.28 87.66 84.46 75.44 72.26 80.79 62.17 58.48 moderate hazard F-2 Factory and industrial, 96.87 92.28 87.66 83.46 75.44 71.26 79.79 62.17 57.48 low hazard H-1 High Hazard, 91.74 87.15 82.53 78.33 70.49 66.31 74.66 57.22 N.P.
explosives H234 High Hazard 91.74 87.15 82.53 78.33 70.49 66.31 74.66 57.22 52.53 H-5 HPM 164.76 158.78 153.49 145.97 132.45 127.63 139.92 116.43 110.93 I-1 Institutional, supervised 164.82 159.04 154.60 147.90 135.84 132.25 144.15 121.88 117.55 environment 104.3.1 Group (2009 International Building Code)
IA IB IIA IIB IIIA IIIB IV VA VB I-2 Institutional, hospitals 277.07 271.09 265.80 258.28 243.90 N.P. 252.23 227.88 N.P.
I-2 Institutional, nursing 193.00 187.02 181.74 174.22 160.98 N.P 168.16 144.96 N.P.
homes I-3 Institutional, restrained 187.72 181.73 176.45 168.93 156.64 150.82 162.87 140.63 133.13 I-4 Institutional, day care 164.82 159.04 154.60 147.90 135.84 132.25 144.15 121.88 117.55 facilities M Mercantile 121.57 116.92 111.53 106.36 96.96 94.25 100.88 84.07 80.36 R-1 Residential, hotels 166.21 160.43 155.99 149.29 137.39 133.80 145.70 123.43 119.10 R-2 Residential, multiple 139.39 133.61 129.17 122.47 111.23 107.64 119.54 97.27 92.94 family R-3 Residential, one- and 131.18 127.60 124.36 121.27 116.43 113.53 117.42 108.79 101.90 two-family R-4 Residential, care/as- 164.82 159.04 154.60 147.90 135.84 132.25 144.15 121.88 117.55 sisted living facilities S-1 Storage, moderate 90.74 86.15 80.53 77.33 68.49 65.31 73.66 55.22 51.53 hazard S-2 Storage, low hazard 89.74 85.15 80.53 76.33 68.49 64.31 72.66 55.22 50.53 U Utility, miscellaneous 71.03 67.02 62.71 59.30 52.86 49.43 56.33 41.00 39.06
(Ord. No. 2017-33(17-O-1307), §§ 1, 3, 4, 6-28-17)
104.3. REFUND OF PERMIT FEES.
Within six months from the date of issuance of a permit, a refund request of 50% of the permit fee paid to date, excluding the nonrefundable application fee, may be granted for the following:
(a)When a permit has been issued in error as determined by the director provided no work has commenced on that permit.
(b)When a permit has been issued and the job has been cancelled by the applicant, provided no work has commenced on that permit.
(c)All applications for refunds shall be in writing and shall state the reasons for the request. However no refund shall be issued for less than $50.00.
104.3.1. BUILDING PERMIT FEE REVIEW REQUESTS FOR COMPLETED PROJECTS.
(a)Applicability. An applicant for a building permit, or the owner of the property which is the subject of the permit (collectively referred to herein as the "owner"), for a project meeting the eligibility requirements herein has the right to request a building permit fee review under the procedures set forth herein.
(b)Eligibility. For a project to be eligible for building permit fee review, the director shall find:
(i)The project required the submission of plans and the calculation of the building permit fee from such plans using Table 100;
(ii)The Table 100 job cost calculation on which the city's building permit fee is based exceeds the actual cost to construct the building or structure which is the subject of the permit (the "project") by more than ten percent as indicated on the building permit application;
(iii)The owner paid a plan review fee equal to one-half of the building permit fee based on the cost of construction information provided to the director at the time of the submittal of the application for plan review as required by Sec. 104.1(c);
(iv)The owner paid a final building permit fee payment which is the balance of the 104.3.1 fee based on the cost of construction information provided to the director at the time of the submittal of the application for plan review as required by Sec. 104.1(c); and
(v)The owner gave written notice of the request for a permit fee review, as prescribed herein, at the time of final building permit fee payment.
(c)Notice. The notice of a request for a permit fee review must contain, at a minimum:
(i)The permit number;
(ii)The street address of the project;
(iii)The permit fee amount paid;
(iv)The permit holder's approximate expected cost to construct that part of the project for which the review is sought;
(v)A statement of demand for a permit fee review based on actual cost to construct a completed project including a statement of the amount of the difference (greater than 10%) between the projected permit fee based on Table 100 and the projected permit fee based on owner's expected cost;
(vi)The name and street address for the person authorized to receive notices from the director. No post office box may be used to receive notice from the director; and
(vii)A statement agreeing that the payment of a review fee associated with the director's review of the permit fee review request as established by city council will be paid before a final certificate of occupancy is issued.
(d)Building permit issuance authorized during building permit fee review. If the director finds that an owner is eligible for a building permit fee review, the director may issue a building permit, notwithstanding the requirement of Sec. 104.2(b) that the final permit payment be based on Table 100. While the permit review request is being processed in accordance with the procedures outlined in this section, the director may also conduct all inspections during the course of construction, including final inspection, and issue a temporary certificate of occupancy upon completion of construction. The director shall not issue a final certificate of occupancy until the owner pays the amount set forth in Sec. 104.2(b) or the amount approved by the Atlanta City Council.
(e)Required submittals for building permit fee review.
(i)Within 30 days of the date of the issuance of the building permit, the owner shall submit:
(1)An affidavit from a professional engineer or architect, registered in the State of Georgia swearing that the cost stated in the notice given to the director is expected to be the actual cost to construct the project and shall 106.3 thereof, temporarily safe, whether the procedure prescribed in this section has been instituted or not.
105.5. VACATING BUILDINGS AND CLOSING STREETS.
When a building or structure is in an unsafe condition so that life is endangered thereby, the Director shall order and require the inmates and occupants to vacate the same forthwith. The Director shall, when necessary for the public safety, temporarily close sidewalks, streets, buildings, structures and places adjacent to such building or structure, and prohibit the same from being used.
105.6. LABOR AND MATERIALS.
For the purpose of this section, the Director may employ such labor and purchase such materials as may be necessary. Any costs incurred shall be paid out of the city treasury on certification of the Director.
105.7. RECOVERY COSTS.
The City Attorney or other prosecuting authority shall institute proper actions against the owner of premises for the recovery of costs incurred by the Director in the performance of emergency work. (Ord. No. 1983-13, § 1, 3-11-83; Ord. No. 1983-14, § 1, 3-11-83)
SECTION 106. VIOLATIONS
106.1. NOTICE.
Whenever the Director is satisfied that a building or structure, its systems, appliances or equipment or any work in connection therewith that is covered by this Code, is being erected, demolished, installed, altered or repaired in violation of the provisions or requirements of this Code, or in violation of plans or specifications submitted and approved thereunder, or of a permit issued thereunder, the Director shall serve a written notice or order upon the person responsible therefore directing discontinuance of such illegal action and the remedying of this condition that is in violation of the provisions or requirements of this Code.
In case such notice or order is not promptly complied with, the Director shall request the City Attorney or other proper prosecuting authority to institute an appropriate action or proceeding at law or in equity, to restrain, correct or remove such violation, or the execution of work thereon, or to restrain or correct the erection or alteration of, or to require the removal of, or to prevent the occupation or use of, the building or structure erected, constructed or altered, in violation of, or not in compliance with, the provisions of this Code or with respect to which the requirements thereof, or of any order or direction made pursuant to provisions contained therein, shall not have been complied with.
106.2. STOPPING WORK.
Whenever, in the Director's opinion, defective or illegal work in violation of a provision or requirement of this Code is in progress, an order shall be issued, in writing or otherwise, to stop such work, and may require suspension of all work until the condition in violation has been corrected. In addition, whenever any building is being erected, altered or repaired in such a way as to allow the use of said property in violation of the Atlanta Zoning Ordinance, the Director shall order the work stopped. Anyone violating the provisions of said stop work order shall be guilty of an offense.
106.3. PENALTIES.
(a)Any person, firm, partnership, corporation or other legal entity who violates a provision of this Code or fails to comply therewith or with any of the requirements thereof shall be deemed guilty of an offense and upon conviction thereof shall be punished by a fine of not less than $1,000.00, and/or by imprisonment for not more than 60 days. Where any offense continues from day to day, each days continuance thereof shall be deemed a separate offense.
(b)Where anything in violation of this Code shall exist, the owner, lessee, architect, engineer, builder, contractor, agent, person or corporation 106.3 employed in connection therewith, who may have assisted in the commission of such violation shall each be guilty of a separate offense and upon conviction thereof shall be fined as herein provided.
(c)Any work performed after the issuance of a Stop Work Order shall be demolished promptly and completely at the expense of the responsible party. Demolition shall be carried out in accordance with applicable regulations and safety standards.
(d)No permits shall be issued for further construction, renovation, or alteration of the structure in question until it has been restored to its state as of the date the Stop Work Order was issued. (Ord. No. 2024-49(24-O-1093), § 1, 8-19-24)
106.4. ABATEMENT.
The imposition of the penalties herein prescribed shall not preclude the City of Atlanta from instituting an appropriate civil action or proceeding to prevent an unlawful erection, construction, demolition, re-construction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the use of any equipment, appliance or system covered by this Code.
SECTION 107. ADVISORY BOARD
107.1. APPOINTMENT.
There is hereby created a Board to be known as the Building Code Advisory Board, consisting of nine (9) members to be appointed by the Mayor. Each member shall be either an architect, engineer, or contractor with not less than ten (10) years experience in the field. The Board will elect one of its members as Chairman. Five members of said Board shall constitute a quorum thereof for the transaction of any and all business properly coming before them. All terms shall be for a period of two years, except that any term shall be automatically extended until such time as the Mayor appoints a successor.
107.2. RECORDS.
The Bureau of Buildings shall provide secretarial services to the Advisory Board and shall make a detailed record of all its proceedings, which shall set forth the reasons for the decisions and the vote of each member participating therein, the absence of a member, and the failure of a member to vote. These records shall be submitted to the Board for approval and then kept on file as a public record in the Bureau of Buildings.
107.3. PROCEDURE.
The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Code. The Board shall meet upon the call of the Chairman for the purpose of considering and advising the Director upon any matter where their advice and counsel is requested.
107.4. APPEALS.
Whenever any person shall be dissatisfied with any ruling, decision or order of the Director, such person may make a written request to the Chairman of the Advisory Board for a hearing thereon. The Chairman of the Board shall thereupon call the Board to meet to hear and investigate such complaints. After a full and complete hearing on all questions in controversy, the Advisory Board shall render its opinion, concurring in, or recommending such changes in the order, ruling or decision of the Director as it may deem fit or proper under the circumstances. Each action of the Board shall be in writing, copies of which shall be certified to the Director and the complaining party or parties. The powers of said Building Code Advisory Board shall be limited to advisory powers only. Any advice, decision, order or findings of the Board may be accepted or rejected in whole or in part, by the Director.
107.5. EXPENSE TO APPELLANT.
Any appellant, or complaining party requesting a hearing before the Advisory Board shall pay the sum of fifty ($50.00) dollars to the City of Atlanta.
107.6. COMPENSATION.
Each member of the Advisory Board shall be paid fifteen ($15.00) dollars by the City of Atlanta for each meeting attended. (Ord. No. 1983-13, § 1, 3-11-83; Ord. No. 1983-14, § 1, 3-11-84)
[Chapter 2, Definitions, Section 201.2, Tense, Gender and Number, are modified as follows:] [The following definitions for dormitories, fire wall, hotels and lodging houses are deleted in their entirety and the following substituted in lieu thereof:] 107.6 403.2 DORMITORIES include buildings or spaces in buildings where group sleeping accommodations are provided for persons not members of the same family group in one room or in a series of closely associated rooms under joint occupancy and single management, as in college dormitories, fraternity houses, military barracks, ski lodges; with or without meals, but without individual cooking facilities.
FIRE WALL is a 4 hour fire resistive wall of masonry or monolithic concrete, having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof and has sufficient strength under fire conditions to allow collapse of construction on either side without collapse of the wall.
HOTELS include buildings or groups of buildings under the same management in which there are more than 15 sleeping accommodations for hire, primarily used by transients who are lodged with or without meals, whether designated as a hotel, inn, club, motel, or by any other name. So-called apartment hotels shall be classified as hotels because they are potentially subject to transient occupancy such as hotels.
LODGING or ROOMING HOUSES include buildings in which separate sleeping rooms are rented providing sleeping accommodations for a total of 15 or less persons, on either a transient or permanent basis; with or without meals, but without separate cooking facilities for individual occupants.
[The following definitions are added:] DIRECTOR OF THE BUREAU OF BUILDINGS means the person duly authorized to fill that position or said person's authorized representative; it shall have the same meaning as Building Official.
GARAGE means a building or structure or a portion thereof, in which a motor vehicle containing a flammable fluid in its fuel storage tank is stored, housed, kept, repaired or serviced;
AUTOMOTIVE SERVICE GARAGE means a garage where no repair work is done except exchange of parts and maintenance requiring no open flame, cutting, welding or the use of highly flammable liquids;
BASEMENT PARKING GARAGE means an enclosed parking garage located in a basement, and includes an underground parking garage;
CARPORT means a garage attached to a dwelling and having one or more open sides;
ENCLOSED PARKING GARAGE means a garage having exterior enclosed walls and used for the parking of motor vehicles;
OPEN AIR PARKING GARAGE means a garage having not less than 50 percent of two sides of the garage open to the air at each story and used for the parking of motor vehicles;
REPAIR GARAGE means a garage wherein major repairs may be made to more than two motor vehicles at a time. (Ord. No. 1983-13, § 2, 3-11-83; Ord. No. 1983-14, § 2, 3-11-83)
[Section 301.1 is amended to read as follows:]
301.1. GENERAL.
For the purpose of this Code, the Fire District (Fire Limits) is designated in Section 8-2074 of the Code of Ordinances of the City of Atlanta. (Ord. No. 1983-13, § 3, 3-11-83; Ord. No. 1983-14, § 3, 3-11-83)
[Chapter IV is modified as follows:] Table 403, Minimum Requirements for Large Assembly be modified to read "2 hour" in lieu of "4 hour".
[Section 403.2 is amended to read as follows:]
403.2. TENANT SEPARATION.
In a building, or portion of a building of a single occupancy classification, when enclosed spaces are provided for separate tenants, such spaces shall be separated by not less than one (1) hour fire resistance, unless otherwise specified.
[Section 403.2.12 is amended to read as follows:]
403.2.12. Exterior Sound Transmission.
[B]403.2.12 Exterior Sound Transmission. ;Noise-sensitive; uses, such as residential developments, hotels, hospitals, and schools must be protected from new S-2 occupancy group development that causes discernable increases in noise levels because of new equipment associated with the new construction. Noise from exhaust fans, emergency generators associated with a new building must be mitigated through physical measures or operational limits using nationally recognized standards for equipment sound transmission. Exterior sound transmission serving buildings or structures shall be installed in accordance with Section 425 of the International Building Code as amended by the City of Atlanta. (Ord. No. 2018-58(18-O-1659), § 3, 11-28-18)
[Section 412.7(e) is amended to read as follows:] 412.7(e) Enclosed and basement parking decks shall be provided wit[h] a mechanical ventilation system capable of providing six (6) air changes per hour for each level. (Ord. No. 1983-13, § 4, 3-11-83; Ord. No. 1983-14, § 4, 3-11-83)
[Section 425 is created to read as follows:] SECTION 425 EXTERIOR SOUND TRANSMISSION
425.1. CONDITIONS.
Any new proposed project is to mitigate the project build-out noise level to a maximum based on Table 425.1 at:
a.5-feet above finished grade level; and
b.20-feet from the rear/side of the property of the structure, unless the rear/side is less than 20-feet deep where the measurement shall be at the property line.
i.Where the useable rear/side is less than 20-feet deep, the measurement may be taken at the back of the useable rear/side property boundary.
;Noise-sensitive; uses, such as residential developments, hotels, hospitals, and schools must be protected from new development that causes discernable increases in noise levels because of new equipment associated with the new construction. Noise from exhaust fans, chillers, condensing units, scrubbers, energy recovery systems, refrigeration equipment, emergency generators associated with a new building must be mitigated through physical measures or operational limits using nationally recognized standards for equipment sound transmission.
425.1.1. Analysis.
Prior to approval of the proposed project and issuance of any permit pursuant to Section 425.1, an Acoustical Analysis Report and appropriate plans shall be submitted, which illustrates the feasibility of the exterior mitigation measures required to achieve noise mitigate requirements. The plans must describe the noise generation potential of the proposed project and proposed noise attenuation measures to assure that an environment free from excessive or harmful noise is achieved and maintained. The report shall be prepared under the supervision of a certified acoustical consultant or engineer and submitted to the Office of Buildings for review and approval. The approved attenuation features shall be incorporated into the plans and specification of the proposed project.
Table 425.1 Receiving Property Residential Commercial Industrial LEG (h) dB(A)a 55 65 70
a.Building and parking garage equipment average noise level over a one (1) minute to minimize the possibility of interfering noise.
b.At no time shall noise levels be produced that exceed 65 dB(c) Leq (one minute) at a receiving property line.
c.Impulsive sound sources shall not exceed 100 dB(c) Leq. measured at a receiving at a receiving property line.
425.2. SOUND
TRANSMISSION
CHARACTERISTICS.
All new parking garage, S-2 occupancy group classification exhaust fans and building's emergency generators and HVAC equipment present a unique problem in relation to sound transmission. The following methods shall be utilized to regulate noise transmission:
425.2.1. Shock Mounting of Site Operational Equipment.
All permanent mechanical equipment, such as exhaust fans, emergency generators, motors, compressors, pumps, and compactors, which are determined by the building official to be a source of structural vibration or structure-borne noise, shall be shock-mounted in inertia blocks or bases and/or vibration isolators in a manner that reduce the contributing factors of noise transmission.
425.2.2. Noise Mitigation.
A barrier should be designed that directs, reduces, or provides a dense enough barrier to prevent significant noise transmission. If a wall or similar design is used, it must be high enough, and long enough to shield the receiver from adjacent property and direct line of sight to the noise source. Barrier design should be determined through the Acoustical Analysis Report findings.
The building mechanical devices that are common in buildings shall be selected to prevent excessive noise transmission from the new project to adjacent property or common spaces that are considered habitable.
425.2.2.1. Parapets.
Parapets can be used as a barrier if the Acoustical Analysis Report findings support the sound mitigation but must be installed completely around all rooftop ventilation systems, with dampening materials.
425.2.2.2. Mechanical Equipment.
All new mechanical equipment associated with onsite development of an S-2 structure shall comply with sound transmission requirements, which prohibits noise from air conditioning, refrigeration, heating, pumps, generators, and filtering equipment from exceeding the ambient noise level to other adjacent properties.
The required acoustical analysis for adjacent properties intended for the use and the enjoyment of residents that have an exterior noise level of 60 dB(A) or above. Incorporate necessary mitigation measures into the project design that adverse impacts caused by the new noise generated by new developments.
425.2.2.2.1. Mechanical Equipment Sound Transmission.
Equipment sound ratings of new heating ventilation and air condition (HVAC) equipment installed according to the approval of the Acoustical Analysis Report findings, design information and Section 425.1. New permits for HVAC equipment S-2 parking structures shall be issued only where the sound rating of the proposed equipment does not exceed dBA value in Table 425.1.
425.2.2.2.3. Mufflers.
Equipment used for the S-2 building operation or that are used to support a building by the parking structure shall utilize the best available noise control techniques. All new generators shall be improved using noise reduction mufflers, equipment design, use of intake silencers, fixed damping devices, ducts, engine enclosures, damping material, and acoustically-attenuating shields or shrouds. The noise reduction method shall be included in the plans submittal meeting Table 425.1.
425.2.2.2.4. Replacement of Mechanical Equipment.
Existing equipment within a parking structure mentioned in Section 425 that is replaced shall comply with sound transmission requirements, which prohibits noise from air conditioning, refrigeration, heating, pumps, generators, and filtering equipment from exceeding the ambient noise level to other adjacent properties. In some cases, the project will be reviewed for approval using the Acoustical Analysis Report findings, design information and Section 425.1. New permits for HVAC equipment in or adjacent to other buildings or structures shall be issued only where the sound rating of the proposed equipment does not exceed dBA value in Table 425.1.
425.2.3. Special Inspections for Sound Levels.
An approved agency, funded by the building owner, shall furnish report(s) of test findings indicating that the sound level results follow this section, applicable laws and ordinances, and the construction documents. Discrepancies shall be brought to the attention of the design professional and Chief Building Official prior to the completion of said work. A final testing report documenting required testing and corrections of any discrepancies noted in prior tests shall be submitted by the design professional to the Chief Building Official or designed staff for purposes of demonstrating compliance.
425.2.4. Testing for mechanical and electrical generator equipment outside of buildings.
Special inspections shall be conducted in accordance with Section 425.2.5 to demonstrate compliance with the requirements of Section 425. Testing shall be conducted following the complete installation of the equipment or generators, the installation of sound reduction barriers, and balancing and operation of the equipment or generators. Testing shall be at locations represent-ing each side of the project building. Such testing shall demonstrate that the equipment is capable of compliance with the limits.
425.2.5. Testing for building background noise.
Special inspections shall be conducted in accordance with Section 425.2.5 to demonstrate compliance with the requirements of Section 425. Testing shall be executed for all mechanical equipment associated with the building or structure listed in Table 425.1. Testing shall occur following the complete installation of the equipment and systems, the installation of any sound reduction barriers, and balancing and operation of the equipment and systems.
425.2.6. COMMISSIONING.
Where application is made for construction permit as described in this section, the registered design professional of record shall perform commissioning during construction and after occupancy as required by Table 425.2.6 The registered design professional of record and engineers of record involved in the design of the project permitted is able to act as the commissioning approving agency provided those personnel meet the qualification requirements of this section in compliance with Section 425. The registered design professional shall provide written documentation to the Chief Building Official or designee demonstrating competence and relevant experience or training.
Table 425.2.6 Commissioning Plan Requiring Preoccupancy Verification Sound Transmission Mechanical and emergency X generator equipment HVAC background X sound Post-Occupancy None None Method Occurrence Preoccupancy Post-Occupancy Field testing and verifica-tion See Section 425.2.3 Field testing and verifica-tion See Section 425.2.4 None None Reference 425.2.3 425.2.3
425.3. PLAN REVIEW INFORMATION.
The following information should be reported in the building design package:
1.Statement of conformance to Section 425.1, the design professional should state to which performance is designed to and confirm which method of performance assurance is conducted.
2.Description of all equipment that cause or present a unique problem in relation to sound transmission.
a.A complete description of the method to reduce the sound rating of the proposed equipment does not exceed dBA value including all the constructional elements or devices used for the proposed noise mitigation.
3.The description shall be measured using the most current acoustical standards, and best engineering practice. The description should also list any restrictions in materials or construction techniques.
4.The project's estimated site boundary noise projection must be part of the project plan so the building mechanical devices that are common in parking structure shall be selected to prevent excessive noise transmission from the new project to adjacent property or common spaces that are considered occupiable space.
5.In new construction of the parking structure, the Acoustical Analysis Report must be submitted with the construction plans. The plans must contain the findings and methods of compliance with Section 425.
425.4. INSPECTION PROCESS.
The following information should be to the building inspector during the construction or replacement of the noise:
1.Statement of conformance and commissioning to Section 425 by the design professional indicating the installation is certified to meet the dB(A) of Table 425.1 and the performance is installation conforms to the design documents. (Ord. No. 2018-58(18-O-1659), § 1, 11-28-18)
[Section 501.3.1.2 is amended to read as follows:] [B]501.3.1.2 Exterior Sound Transmission. "Noise-sensitive" uses, such as residential developments, hotels, hospitals, and schools must be protected from new S-2 occupancy group development that causes discernable increases in noise levels because of new equipment associated with the new construction. Noise from exhaust fans, emergency generators associated with a new building must be mitigated through physical measures or operational limits using nationally recognized standards for equipment sound transmission. Exterior sound transmission serving buildings or structures shall be installed in accordance with Section 425 of the International Building Code as amended by the City of Atlanta. (Ord. No. 2018-58(18-O-1659), § 2, 11-28-18)
[Section 506 is amended to read as follows:] SECTION 506. SPECIAL PROVISIONS FOR HIGH RISE GROUP R-RESIDENTIAL AND GROUP B-BUSINESS BUILDINGS
506.1. GENERAL.
These requirements shall apply to:
(a)Group R—Residential buildings 7 stories or more in height; and
(b)Group B—Business buildings having floors more than 75 feet in height above the lowest level of fire department vehicular access.
Such requirements shall be in addition to other applicable requirements of this code.
506.2. SPRINKLER SYSTEM.
An approved, supervised, sprinkler system shall be provided throughout every building. The system shall be designed and installed in accordance with NFPA No. 13 Standard for the Installation of Sprinkler Systems.
506.3. BUILDING EMERGENCY COMMUNICATION SYSTEM.
(a)There shall be two (2) approved electrically supervised communication systems as follows:
1.A two-way fire department communication system. The system shall provide two-way communication capabilities between the Central Control Station and the following terminal areas: elevators, elevator lobbies, exitway access corridors and exitway stairways.
2.A one-way (address) communication system for the transmission of the voice alarm system message to the building occupants. The system shall provide one-way communication capabilities between the Central Control Station and throughout the following terminal areas: elevators, elevator lobbies, exitway access corridors and exitway stairways, dwelling units, and hotel guest rooms or suites.
(b)The two-way fire department communication system may be combined with the one-way (address) communication system.
506.4. FIRE-SMOKE DETECTORS.
(a)An approved, automatic product-of-combustion (other than heat) detection system shall be installed in the following locations:
1.In boiler, furnace, and mechanical rooms and elevator lobby areas.
2.In mechanical air handling systems, including warm air heating systems, plain ventilating systems, combination heating and ventilating systems, air cooling systems, air conditioning systems, and exhaust systems in accordance with NFPA 90A.
(b)The indicator panels shall be located in the Central Control Station.
506.5. FIRE ALARM.
An approved fire alarm system conforming with NFPA 72 shall be installed. The annunciator panel shall be located in the Central Control Station.
506.6. SMOKE CONTROL.
(a)Natural or mechanical ventilation for the removal or control of products-of-combustion shall be provided in every story and shall consist of one or more of the following:
1.Panels or windows, in exterior walls. Such venting facilities shall be provided at the minimum rate of 2% of the exterior wall area in each story, and distributed around the perimeter at not more than fifty (50) foot intervals. Such panels or windows shall be clearly identified and shall have a minimum area of six square feet with at least a dimension of two (2) feet.
1300.2 wind consists of 70% or more of the gross area as determined by the overall dimensions shall be classed as solid signs; those in which the projected area is derived from open letters, figures, strips, and structural framing members, the aggregate total area of which is less than 70% of the gross area so determined, shall be classed as open signs.
(b)All signs shall be designed and constructed to withstand wind pressures applied to the projected exposed area, allowing for wind in any direction, in accordance with the following table:
Height from Ground to Top of Sign in feet Wind Pressure Pounds Per Square Foot Solid Signs Open Signs Less than 30 28 39 30—49 33 46 50—99 44 62 100—199 50 70 For ground signs 30—49 feet in height the tabular values for height of less than 30 feet may be used.
1205.6. OTHER STRUCTURES.
The design wind pressures for structures not covered in this section 1205 shall be in accordance with the generally accepted engineering practice and shall be subject to the approval of the Director.
1205.7. STABILITY.
The overturning moment due to wind pressure shall not exceed 50 percent of the moment of stability due to the dead load only, unless the building or structure is securely anchored to the foundation to resist this force. (Ord. No. 1983-13, § 10, 3-11-83; Ord. No. 1983-14, § 10, 3-11-83)
That Section 1206, Alternate Wind Loads for Low Rise Buildings and Section 1207, Seismic Design Requirements be deleted in their entirety. (Ord. No. 1983-13, § 11, 3-11-83; Ord. No. 1983-14, § 11, 3-11-83)
That the following footnote (e) be added to Chapter XIV, Masonry Construction, Table 5, Section 1405, H/t Lateral Support Ratios for Exterior Masonry Walls:
(e)Use 25 psf loading; maximum allowable height of wall 12 feet acceptable without an engineering analysis. (Ord. No. 1983-13, § 12, 3-11-83; Ord. No. 1983-14, § 12, 3-11-83)
SECTION 1300. ROOFING REFLECTANCE STANDARDS
1300.1. APPLICABILITY.
The provisions of this section shall apply to all new building construction and roof replacements. (Ord. No. 2025-18(25-O-1310), § 1, 6-11-25)
1300.2. STANDARDS.
(a)Unless an exception in subsection (c) applies, roof coverings over conditioned spaces on steep-slope roofs (roof slope > 2:12) shall be constructed of materials that achieve:
(i)A 3-year aged solar reflectance not less than 0.21 as determined by the ANSI/ CRRC S100 Standard or as certified to the City of Atlanta by the manufacturer; or
(ii)A 3-year aged solar reflectance index not less than 20 as determined by the ANSI/ CRRC S100 Standard or as certified to the City of Atlanta by the manufacturer.
(b)Unless an exception in subsection (c) applies, roof coverings over conditioned spaces on low-slope roofs (roof slope 4 2:12) shall be constructed of materials that achieve:
(i)A 3-year aged solar reflectance not less than 0.70 as determined by the ANSI/ CRRC S100 Standard or as certified to the City of Atlanta by the manufacturer; or
(ii)A 3-year aged solar reflectance index not less than 85 as determined by the ANSI/ CRRC S100 Standard or as certified to the City of Atlanta by the manufacturer.
1300.2
(c)The requirements of this section shall not apply to: (i) Roof areas covered by living vegetation or equipment reasonably necessary to maintain such vegetation; (ii) Roof areas designed for and used as outdoor recreation space by the occupants of the building; (iii) Roof areas containing equipment required by the International Fire Code; (iv) Roof areas that comprise 3% or less of a building's gross floor area; or (v) Repairs to existing roofs that do not require full replacement of the structure's roof.
(Ord. No. 2025-18(25-O-1310), § 1, 6-11-25; Ord. No. 2026-09(26-O-1154), § 1, 3-11-26)
SECTION 1301. AIR-SUPPORTED STRUCTURES
1301.1. APPLICABILITY.
The provisions of this section shall apply to all new building construction. (Ord. No. 2025-37(25-O-1474), § 1, 10-6-25)
1301.2. DEFINITIONS.
Air-Inflated Structure a structure that uses air-pressurized membrane beams, arches, or other elements to enclose space. Occupants of such a structure do not occupy the pressurized area used to support the structure.
Air-Supported Structure a building wherein the shape of the structure is attained by air pressure and occupants of the structure are within the elevated pressure area. (Ord. No. 2025-37(25-O-1474), § 1, 10-6-25)
1301.3. REGULATIONS.
The construction of air-inflated structures and air-supported structures is prohibited. (Ord. No. 2025-37(25-O-1474), § 1, 10-6-25)