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. The Director of the Bureau of Buildings may require details, computations, stress diagrams 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.
(b)It shall be the responsibility of the designer of a building to schedule required fire resistance rating of walls, floors, ceilings and partitions where duct penetrations are made and to include such information on plans. Plans shall indicate the location of all required automatic fire doors and dampers.
(c)Plans and specifications bearing the official seal of a professional engineer or architect entitled to practice in the State of Georgia shall be required:
1.For any heating system appliance in any building having a total required input in excess of 500,000 Btu per hour.
EXCEPTION:
[1.] Listed package appliances up to one million Btu/hr. for exact replacement with no system alterations, and process loads up to one million Btu/hr. with package appliances.
2.For any air conditioning or refrigerating system in excess of 25 tons.
Such plans and specifications shall have the meaning of certifying to the best of their knowledge and interpretation that plans and specifications are in accordance with the requirements of this Code.
(d)Where applications are made by conditioned air contractors in accordance with Section 103.4, such applications for permits shall include plans of all systems and shall contain heat loss and heat gain data. Such heat loss and heat gain data shall be indicated on the plans and application. However, plans for single family dwellings having less than 175,000 Btu/hr. heating input or 60,000 Btu/hr. cooling and serving less than 25,000 cu.ft. are not required if heat loss/heat gain data is provided on the application.
103.4— MANDATORY LICENSE REQUIREMENTS
(a)Only partnerships or corporations engaged in the business of conditioned air contracting, installation or repairing shall be entitled to a permit under this Code for such business activities where there is regularly connected with such partnership or corporation a person or persons, actually engaged in the business of conditioned air contracting, installation or repairing, who holds a valid Conditioned Air Contractor's License issued by the State of Georgia Construction Industry Licensing Board.
(b)Only a person engaged in the business of conditioned air contracting, installation or repairing shall be entitled to receive a permit under this Code for such business activities where such person holds a valid Conditioned Air Contractor's License issued by the State of Georgia Construction Industry Licensing Board.
(c)All work requiring a permit under this Code shall be performed by an individual, firm, or corporation holding a valid business license in the City of Atlanta unless said work by a homeowner in a single family dwelling or duplex occupied by that individual.
SECTION 104. PERMITS
104.1— ACTION ON APPLICATION
(a)In accordance with Section 103.4 (Mandatory License Requirements), applications for permits shall be examined, within a reasonable time after filing. If, after examination, no objection is found to the same and 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 examination reveals otherwise, such applications shall be rejected, and the applicant notified by a written report or otherwise informed.
(b)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.
(c)The issuance of a permit based on applications, plans and/or specifications shall not prevent the Director of the Bureau of Buildings from thereafter requiring the correction of errors in said applications, plans and/or specifications or from preventing the work from being carried on thereunder when in violation of this Code or of other ordinances of the City of Atlanta.
104.2— HVAC PERMITS NOT REQUIRED UNDER THIS CODE The following equipment or systems do not require the issuance of permits in accordance with this Code provided such equipment or systems are installed in accordance with manufacturers requirements and applicable state and federal laws regulating such installation:
(1)For permits involving air pollution see Regulations promulgated by the Georgia Environmental Protection Division and appropriate Federal agencies.
(2)For permits for the construction and operation of spray finishing equipment, and permits for blower and exhaust systems for the removal of dust, stock, and vapors, see the Fire Prevention Code.
(3)For gas piping, See Gas Code.
(4)Domestic or restaurant type cooking stoves and ranges, candy kettles, and appliances for barbecuing, broiling or baking foods, and residential fireplaces.
(5)Toilet exhaust and attic fans in dwellings.
(6)Hot water heaters for portable hot water and uses other than process or space heating. For required permit, see Plumbing Code and Gas Code. However, it is the intent of this section that all new gas lines be permitted and installed in accordance with the Gas Code.
(7)Repair of any part which does not alter the approval or make it unsafe, and is not listed in this Code for a required permit for replacement.
(8)Approved unvented room heaters (residential type) used in single family or duplex dwellings, provided such unvented heater shall not be installed in sleeping quarters and shall not exceed 40,000 Btu/hr input. However, it is the intent of this section that all new gas lines be permitted and installed in accordance with the Gas Code.
NOTE: Unvented room heaters, except approved electric, are additionally not allowed in institutional occupancies such as homes for the aged, sanitariums, convalescent homes, boarding houses, orphanages, hotels, motels, auto courts, churches, schools and nurseries.
(9)Self-contained refrigerating or air conditioning unit, using Class I refrigerant and actuated by a motor of one and one-half (1-1/2) horsepower or less.
104.3— PERMITS REQUIRED UNDER THIS CODE AND FEE SCHEDULES The following equipment or systems are required to be permitted in accordance with this Code, and Table I Fee Schedules.
(a)Table I. City of Atlanta Heating, Ventilating and Air Conditioning Division Schedule of Permit Fees No Heating, Ventilating and Air Conditioning permit shall be valid until the fees prescribed in this section have been paid to the City of Atlanta.
Schedule of permit fees is as follows:
1.In all cases the minimum fee shall be $50.00 per permit.
2.Heating Systems/Separate Vents, Stacks, and Chimneys.
a.Up to 125,000 BTU Input . . . . . .
$35.00
b.125,001—199,999 BTU Input . . . . . .
40.00
c.200,000—299,999 BTU Input . . . . . .
50.00
d.300,000—599,999 BTU Input . . . . . .
70.00
e.600,000—999,999 BTU Input . . . . . .
80.00
f.1,000,000—1,999,999 BTU Input . . . . . .
90.00
g.2,000,000—3,999,999 BTU Input . . . . . .
130.00
h.4,000,000—7,999,999 BTU Input . . . . . .
160.00
i.8,000,000—11,999,999 BTU Input . . . . . .
190.00
j.12,000,000—15,999,999 BTU Input . . . . . .
220.00
k.Plus $1.00 per 1,000 over 16,000,000
3.Cooling Systems.
a.Up to 35,999 BTU/HR or 2 TONS . . . . . . . . . . .
$25.00
b.36,000—47,999 BTU/HR or 3 TONS . . . . . . . . . . .
30.00
c.48,000—59,999 BTU/HR or 4 TONS . . . . . . . . . . .
40.00
d.60,000—119,999 BTU/HR or 5 TONS . . . . . . . . . . .
50.00
e.120,000—179,999 BTU/HR or 10 TONS . . . . . . . . . . .
70.00
f.180,000—239,999 BTU/HR or 15 TONS . . . . . . . . . . .
90.00
g.240,000—599,999 BTU/HR or 20 TONS . . . . . . . . . . .
105.00
h.600,000—1,199,999 BTU/HR or 50 TONS . . . . . . . . . . .
160.00
i.1,200,000 BTU/HR or 100 TONS . . . .
190.00
j.Plus $1.50 per ton over 100 tons.
4.Duct Alterations . . . . . .
$50.00
5.Public Safety Inspections . . . . . . . . . . . . . . . . .
50.00
6.Change of Contractor/ Company . . . . . . . . . . . . .
50.00
7.Grease Hoods (Face Area of Hood in Sq. Ft.)
a.Up to 10. . . . . . . . .
$25.00
b.10.1—15. . . . . . . . .
30.00
c.15.1—20. . . . . . . . .
40.00
d.20.1—25. . . . . . . . .
50.00
e.25.1—45. . . . . . . . .
60.00
f.45.1—80. . . . . . . . .
70.00
g.80.1—100. . . . . . . .
80.00
h.over 100 . . . . . . . . .
90.00 Use equivalent Sq. Ft. of hood overhanging cooking appliances six inches on open sides.
8.Gas Piping - Capacity - CU FT/HR
a.Up to 1,000 . . . . . .
$40.00
b.1,001—100,000. . .
100.00
c.Over 100,000 . . . .
150.00
9.Cooking Outlets . . . . . .
$20.00
10.Fans. a. Up to 1/2 . . . . . . . . . b. 1—2. . . . . . . . . . . . . c. 5—20 . . . . . . . . . . . d. 30—60 . . . . . . . . . . e. 75 and over . . . . . .
$15.00 20.00 80.00 170.00 200.00
11.Domestic Range Hoods $10.00
12.Dryer Vent . . . . . . . . . . .
$10.00
(b)In all cases the minimum fee shall be $50.00 per permit.
Where additional trips are required to inspect inferior work or installations rejected by the HVAC Division, a reinspection fee of $50.00 will be imposed for each subsequent inspection. Payment of the reinspection fee shall be made to the City of Atlanta before additional inspections are made.
(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)For combination air conditioning and heating systems, fees shall be cumulative.
(e)In the event that any work under this code for which a permit is required is started without a permit first being obtained, the permit fee will be doubled for that permit. However, in no event shall the penalty portion of said fee exceed $1,000.00. In addition, if any work is found to have been performed which is not listed on an existing permit, the cost of adding that work to the permit shall be double the usual fee. However, in no instance shall the penalty portion of that fee exceed $1,000.00.
(Ord. No. 1998-9, § 4, 2-16-98; Ord. No. 2002-11, § 4, 3-5-02; Ord. No. 2002-35, § 4, 5-28-02)
104.4— CONDITIONS OF PERMIT
(a)All work performed under a permit issued shall conform to the approved application and plans and all codes or ordinances governing the work or equipment for which permits were issued. All work shall be performed by an individual, contractor, firm or corporation licensed to perform such work except when performed by an individual installing, altering or repairing plumbing, plumbing fixtures, air conditioning and heating, air conditioning and heating fixtures, or electrical services in a single family dwelling owned and occupied by the worker. Permits shall not be transferable except as provided in Section 104.7.
(b)Individuals, contractors, firms or corporations licensed to perform work governed by this Code shall register their Georgia State Conditioned Air Contractor's license number with the Director of the Bureau of Building before obtaining permits.
(c)One set of approved plans and specifications shall be retained by the Director and one set of approved plans and specifications shall be returned to the applicant, which shall be kept on such building or work at all times during which the work authorized thereby is in progress.
104.5— EXPIRATION OF PERMIT A permit under which no work is commenced within six 6) months after issuance, or where the work commenced is suspended or abandoned for six months, shall expire by limitation, and fees paid shall be forfeited. The application, plans, and specifications shall be reviewed and a new permit required before work is started or resumed.
104.6— REVOCATION OF PERMIT The Director of the Bureau of Buildings may revoke a permit or approval, issued under the provisions of this Code, in case there have been any false statements or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
104.7— NEW CONTRACTOR OR ALTERNATE CONTRACTOR ON JOB
(a)In the event that a contractor leaves or abandons a job to which a permit has been issued before the final inspection, that contractor remains responsible for any work on that job that is not in compliance with this Code.
(b)Any new contractor on any job which has not received final approval must apply for a new permit for all work on that job that has not been finalized and assume all responsibility. A minimum fee permit of $30.00 shall be issued.
104.8— REFUND OF PERMIT FEES Within six (6) months from the date of issuance of a permit, a refund request may be granted, as follows:
(a)When a permit has been issued in error as determined by the director, the total fee may be refunded provided no work has commenced on that permit; or 106.2—
(b)When a permit has been issued and the job has been cancelled, 50% of the permit fee may be refunded provided no work has commenced on that permit.
(c)Any overpayment or refund request of $30.00 or less shall not be refunded.
(d)No refund shall be issued for less than $50.00 All applications for refunds shall be in writing and shall state the reasons for the request. (Ord. No. 1998-9, § 4, 2-16-98; Ord. No. 2002-11, § 4, 3-5-02)
SECTION 105. UNSAFE SYSTEMS, APPLIANCES OR EQUIPMENT
105.1— UNSAFE SYSTEMS, APPLIANCES OR EQUIPMENT
(a)Systems, appliances or equipment covered by this Code that may be or shall be found upon inspection to have become dangerous or unsafe, shall unless made safe and so certified by the Director of the Bureau of Buildings, shall be removed or the use of such equipment or systems discontinued.
(b)The term dangerous or unsafe systems, appliances or equipment shall include systems, appliances or equipment structurally unsafe, unstable or unsanitary; constituting a fire hazard, unsuitable or improper for the use to which they are put; constituting a hazard to health or safety because of inadequate maintenance, dilapidation or obsolescence; or otherwise dangerous to life or property.
105.2— NOTICE OF UNSAFE SYSTEMS, APPLIANCES OR EQUIPMENT
(a)Upon receipt of information that systems, appliances or pieces of equipment covered by this Code are unsafe, the Director of the Bureau of Buildings shall make or cause to be made an inspection; and if it is found that an unsafe condition exists, shall serve or cause to be served on the owner, or any one of the owners, executors, administrators, agents, lessees or other persons who may have a vested or contingent interest in the same, a written notice containing a description of the particulars in which the systems, appliances or equipment are unsafe, and an order requiring the same to be made safe, as may be deemed necessary by him.
(b)If the person to whom such notice and order is addressed cannot be found, after diligent search, then such notice and order shall be sent by registered mail to the last known address of such person; and a copy of such notice shall be posted in a conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed adequate notice.
105.3— DISREGARD OF NOTICE If a person served with a notice or order to remove existing unsafe conditions from systems, appliances or equipment or discontinue the use of same, should fail within a reasonable time as set by the Director of the Bureau of Buildings to comply with the requirements thereof, the Director of the Bureau of Buildings shall institute an appropriate action in the courts to compel a compliance.
SECTION 106. VIOLATIONS
106.1— NOTICE Whenever the director of the bureau of buildings is satisfied that systems, appliances or equipment, or any work in connection therewith that is covered by this Code, is being erected, 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, a written notice or order shall be served by the director upon the person responsible therefor directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this Code.
106.2— STOPPING WORK Whenever, in the opinion of the Director of the Bureau of Buildings, defective or illegal work in violation of a provision or requirement of this Code is in progress, he shall order, in writing or 106.2—otherwise, such work to be stopped, and may require suspension of all work until the condition in violation has been corrected.
106.3— PENALTIES
(a)Any person who shall violate 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 as provided in Section 18-1008 (General Penalty) of the Code of Ordinances of the City of Atlanta, which provides:
"Whenever in this code or in any ordinance of the city any act is prohibited or is made or declared to be lawful or an offense, or whenever in this code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of a provision of this code or that ordinance shall be punished by a fine not to exceed $1,000.00 and costs or imprisonment in the city jail for not more than 60 days, or work on the public streets or on public works of the city for not more than 60 days, or by any one (1) or more of these punishments, subject to all limitations contained in the charter of the city. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense.
In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code or any ordinance shall be deemed a public nuisance and may be abated by the city as provided by law, and each day that the condition continues shall be regarded as a new and separate offense."
(b)The owner of a building, structure or premises, where anything in violation of this Code shall be placed or shall exist, and an architect, engineer, builder, contractor, agent, person or corporation 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), § 4, 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, reconstruction, 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 Heating and Air Conditioning Advisory Board, consisting of nine (9) members to be appointed by the Mayor and approved by the Council. Each member shall be either an engineer or contractor with not less than six (6) years experience in the field of heating and air conditioning. 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 (2) 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 their 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 at regular intervals, to be determined by the Chairman, or in any event, the Board shall meet within ten (10) days after notice of appeal has been received.
107.4— APPEALS Whenever any person shall be dissatisfied with any ruling, decision or order of the Director of the Bureau of Buildings, 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 of the Bureau of Buildings as it may deem fit or proper under the circumstances. Each action of the Board shall be by resolution, copies of which shall be certified to the Director of the Bureau of Buildings and the complaining party or parties. When the Director of the Bureau of Buildings has a question relating to any matter affecting this Code, the Director may call for the Board to meet to advise the Bureau on the problem.
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 Twenty-Five ($25.00) Dollars by the City of Atlanta for each meeting attended by him.
108— LIABILITY This Code shall not be construed as imposing upon the City of Atlanta any liability or responsibility for damages to any person or property caused by any defect in any piping or appliance mentioned herein, or by installation thereof, nor shall the City of Atlanta or any official or employee thereof, be held as assuming any such liability or responsibility by reason of the inspection authorized hereunder or the certificate of approval issued by the Inspector.
SECTION 2: That Section 201, General Definitions, be altered by adding the following definitions in their proper places, and that the definitions on "Combustible Material" be replaced as follows:
Combustible Material. As pertaining to materials adjacent to or in contact with heat producing appliances, vent connectors, gas vents, chimneys, steam and hot water pipes, and warm air ducts, shall mean materials made of or surfaced with wood, compressed paper, plant fibers, or other materials that are capable of being ignited and burned. Such material shall be considered combustible even though flame-proofed, fireretardant treated, or plastered. For the purposes of NFPA 96 - GYPSUM WALLBOARD is considered a combustible material.
Director: The Director of the Bureau of Buildings is the administrative authority to administer and enforce the provisions of this Code as adopted or amended.
Person. This shall include an individual, partnership, joint venture, association, corporation and any other legal entity recognized by the laws of the State of Georgia.
Smoke Damper - See NFPA 90A.
SECTION 3: That Chapter 3, Air Conditioning, Heating and Ventilation Equipment, be amended as follows:
(a)In Section 301.2, Add the following Exception:
EXCEPTION: The following procedure is hereby established for acceptance of unlisted heating equipment for industrial applications where such listing by an approved agency is not practical due to equipment size or configuration. The following information shall be submitted to, and accepted by, the Director prior to the ordering and installation of equipment:
1.A statement that the application of the heating equipment is for industrial use.
2.A notarized Letter of Acceptance from the insurance carrier that the insurance carrier has reviewed the plans and specifications for the unlisted heating equipment and found them to be satisfactory. Where the owner is self-insured, the owner shall submit the same statement.
3.Shop drawing and/or plans for the installation must be sealed by a licensed professional mechanical engineer registered in the State of Georgia.
4.A notarized letter from a professional mechanical engineer registered in the State of Georgia stating that the engineer shall personally supervise the installation and start-up procedure of the unlisted equipment, and all findings and recommendations shall be forwarded to the Director.
5.A statement that the installation shall be reviewed and approved by the Atlanta Gas Light Company where natural gas is utilized as a fuel source. Where other fuel sources are used, similar such approvals shall be required by the appropriate vendor.