Atlanta › Land Development Code — Part III

Chapter 8 — Community and Human Development

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§ 8-1005

Additional qualifications of commissioner of department of planning and development.

Sec. 8-1005. Additional qualifications of commissioner of department of planning and development.

In addition to the general qualifications set out in Charter section 8-103(a), the commissioner of the department of planning and development shall possess public or private employment experience in at least two of the following fields at a supervisory level for a minimum of two years: commercial and building code enforcement; economic and community development; urban renewal planning; planning for land use; planning for economic and social development; comprehensive and strategic planning and/or related fields. (Code 1977, § 8-1005)

Charter reference—Similar provisions, app. IV, § 39.

§ 8-1006

Bureaus within department of planning and development; directors.

Sec. 8-1006. Bureaus within department of planning and development; directors.

(a)The department of planning and development shall consist of the following bureaus:

(1)Bureau of buildings; and

(2)Bureau of planning.

(b)In addition to the general qualifications set out in Charter section 8-103(a), the director, bureau of buildings shall have the following qualifications:

(1)Graduation from an accredited college or university with a baccalaureate degree in civil engineering, architecture, architectural engineering or related field and one year of graduate study in engineering or a related field and three years of supervi-sory experience in building design, building construction, building inspection or a related area; or

(2)Eight years of experience at a management level which included five years in the areas specified above; or

(3)Any equivalent combination of the above; and

(4)Registration as a professional architect or civil engineer in the State of Georgia or eligibility to transfer registration from another state.

(c)In addition to the general qualifications set out in Charter section 8-103(a), the director, bureau of planning shall have the following qualifications:

(1)Graduation from an accredited college or university with a master's degree in urban planning, transportation planning, environmental planning, public administration or a related field and three years of supervisory experience in urban planning or a related area; or

(2)Graduation from an accredited college or university with a baccalaureate degree in urban planning, transportation planning, environmental planning, public administration or a related field and five years of supervisory experience in urban planning or a related area.

(Code 1977, § 8-1006)

Charter reference—Composition of department, app. IV, § 40.

§ 8-1007

Functions and duties of bureau of buildings.

Sec. 8-1007. Functions and duties of bureau of buildings.

The functions and duties of the bureau of buildings shall include:

(1)Enforcing all construction codes, including building, plumbing, electrical, heating and air conditioning, commercial maintenance and building regulations;

(2)Regulating building standards maintenance;

(3)Supervising elevator regulations and ordinances;

(4)Supervising and administering the Georgia Fire Safety Law;

(5)Issuing permits relative to the functions contained herein;

(6)Providing assistance and advice to the trade examining boards; keeping all codes up-to-date with assistance of advisory boards;

(7)Handling the administration, interpretation and enforcement of the zoning ordinance; administering appeals to such board as is established by ordinance to handle those appeals;

(8)Issuing street numbers; and

(9)Assisting builders and developers with their plans through the various city systems.

(Code 1977, § 8-1007)

Charter reference—Similar provisions, app. IV, § 41.

§ 8-1008

Functions and duties of bureau of planning.

Sec. 8-1008. Functions and duties of bureau of planning.

The functions and duties of the bureau of planning shall include:

(1)Providing information and advice to the mayor and city council, and other city officials in order to assist them in making decisions about the growth and development of the city;

(2)Preparing and updating the city's 15- and five-year comprehensive development plan in accordance with the requirements set forth in sections 3-601, 3-602 and 3-603 of the Charter;

(3)Preparing master plan and the official map required by section 3-603 of the Charter;

(4)Making comments and recommendations on annexation petitions;

(5)Reviewing the city's proposed capital improvements program as prepared by the department of finance and certifying it as to conformance with the City's adopted comprehensive development plan;

(6)Preparing reports on the status of all projects set forth in the city's adopted comprehensive development plan;

(7)Assisting builders and developers in assuring that building and development plans are in keeping with the city's overall comprehensive development plan;

(8)Preparing and administering the city's zoning and subdivision regulations in conformance with the city's adopted comprehensive development plan;

(9)Preparing and administering the city's urban enterprise zone regulations;

(10)Coordinating the city's neighborhood planning system, including the provision of administrative and technical support to the city's neighborhood planning units;

(11)Developing and maintaining a geographic information system which shall contain a series of computerized base maps, thematic maps, and administrative maps for the city along with a parcel-level attribute data base linked to said maps;

(12)Conducting long-range, strategic planning studies on a broad range of urban issues including demographic and economic trends, financial resources, education, economic development, housing, human services, public safety, transportation, environmental quality, parks, recreation, cultural affairs, and urban design; and

(13)Preparing appropriate sections of the comprehensive development plan.

(Code 1977, § 8-1008; Ord. No. 2004-08, § 13, 2-10-04)

Charter reference—Similar provisions, app. IV, § 42.

CHAPTER 2. BUILDING REGULATIONS* ARTICLE A. GENERAL ADMINISTRATIVE PROVISIONS

§ 8-2001

Building official designated.

Sec. 8-2001. Building official designated.

Whenever in the building code or other technical codes adopted by the city, reference is made to the building official, this term shall mean the director, bureau of buildings. The director, bureau of buildings shall be referred to in this chapter as the "director." (Code 1977, § 8-2001)

§ 8-2002

Definitions.

Sec. 8-2002. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Atlanta Building identification number means a randomly-generated identification number that is stable and specific to a covered property.

Audit report means the final document produced by the energy auditor including but not limited to:

(a)The summary audit report,

(b)Base building systems and equipment inventory, *Charter references—Bureau of buildings, app. IV, §§ 1(j)(1), 41; general authority relative to buildings and construction, § 1-102(a)(16), (a)(21), (a)(23), (a)(24), (a)(32).

Code of ordinances references—Signs and billboards, § 6-26 et seq.; approval of carnivals, sideshows and similar exhibitions, § 14-7; fire protection requirements for tent shows, § 14-12; FHA 221 housing, § 54-26 et seq.; urban homesteading program, § 54-56 et seq.; land disturbing activities, § 74-36 et seq.; grading and stormwater management, § 74-101 et seq.; buildings used to sell or dispose of illegal controlled substances, § 74-171; fire prevention and fire safety standards, § 78-56 et seq.

Cross references—Subdivision regulations, § 15-01.001 et seq.; zoning, § 16-01.001 et seq.; impact fees, § 19-1001 et seq.

State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; construction standards, O.C.G.A. § 8-2-1 et seq.; minimum required standards, O.C.G.A. § 8-2-20 et seq.

(c)All reasonable measures, including capital improvements, that would, if implemented, reduce energy and water use and/or the cost of operating the building,

(d)For each measure, the associated annual energy or water savings, the cost to implement, the net present value, and the simple payback, calculated by a method determined by the department,

(e)A list of recommended measures, chosen from among the measures, analyzed, and the interactive savings predicted from that package of measures,

(f)The building's benchmarking submission for the previous calendar year consistent with the United States Environmental Protection Agency (EPA) Portfolio Manager tool or as otherwise established by the department,

(g)Reporting of energy usage by system and predicted energy savings by system after implementation of the recommended measures, and

(h)Reporting of water usage by system and predicted water savings by system after implementation of the recommended measures.

(i)A general assessment of how the major energy and water consuming equipment and systems used within tenant spaces impact the energy and water consumption of the base building systems and narratives, photographs and any additional explanatory information as required to describe the results of the audit.

Base building systems means the systems or subsystems of a building that use or distribute energy and/or water and/or impact energy and/or water consumption, including:

(a)The building envelope,

(b)The HVAC (heating ventilating and air conditioning) systems,

(c)Conveying systems,

(d)Electrical and lighting systems,

(e)Domestic hot water systems,

(f)Water distribution systems,

(g)Plumbing fixtures and other water-using equipment, and

(h)Landscape irrigation systems and fountains:

EXCEPTION: Base building systems shall not include:

(i)Systems or subsystems owned by residential tenants, condominium unit owners or cooperative unit shareholders, or a system or subsystems for which such residential tenants, condominium unit owners or cooperative unit shareholders bear full maintenance responsibility and that is within the residential tenant's, condominium unit owner's or cooperative unit shareholder's leased or owned space and/or exclusively serves such leased or owned space.

(ii)Systems or subsystems within a residential tenant's leased space and/or which exclusively serve such leased space and for which the tenant pays all the energy bills according to usage and demand as measured by a meter or sub-meter.

(iii)Systems or subsystems owned by a non-residential tenant or for which a non-residential tenant bears full maintenance responsibility; and that is within the tenant's leased space and/or exclusively serves such leased space; and for which the tenant pays all the energy bills according to usage and demand as measured by a meter or sub-meter.

(iv)Industrial processes.

Benchmark means to input and submit the total energy and water consumed for a property for the previous calendar year and other descriptive information for such property as required by the benchmarking tool. Total energy and water consumption shall not include separately metered uses that are not integral to building operations, such as broadcast antennas and electric vehicle charging stations, as determined by the department.

Benchmarking submission means a subset of:

(a)Information input into the benchmarking tool; and

(b)Benchmarking information generated by the benchmarking tool, as determined by the department.

Benchmarking tool means the U.S. Environmental Protection Agency's ENERGY STAR Portfolio Manager, or any other alternative benchmarking tool approved by the department as materially equivalent to ENERGY STAR Portfolio Manager. The department shall establish written guidelines for the approval application process.

Building management system means a computerbased system that monitors and controls a building's mechanical and electrical equipment, such as HVAC, lighting, power, fire, and security systems.

City means the City of Atlanta.

Covered city property means a property

(a)That, for the purposes of benchmarking and disclosure, has one or more buildings that together exceed 10,000 gross square feet in total combined floor area; or

(b)That, for the purposes of energy audits and retro-commissioning, has one or more buildings that exceed 25,000 gross square feet in total combined floor area; and

(c)That is owned by the city; and

(d)For which the city regularly pays all or part of the annual energy bills.

Covered non-city property means a property, other than covered city property,

(a)That is classified under State of Georgia Property Codes as Class C, E, P, or V; and,

(b)That, for the purposes of benchmarking and disclosure, has one or more buildings that together exceed 50,000 gross square feet in total combined floor area; or

(c)That has one or more buildings held in the condominium form of ownership that is governed by the same board of directors and that exceeds 50,000 gross square feet in total combined floor area; and

(d)That, for the purposes of energy audits and retro-commissioning, has one or more buildings that together exceed 50,000 gross square feet in total combined floor area; or

(e)That has one or more buildings held in the condominium form of ownership that is governed by the same board of directors and that exceeds 50,000 gross square feet in combined floor area, or

(f)That, after January 1, 2017, meets the criteria set forth in parts a-e of the definition of a covered non-city property, but exceeds 25,000 gross square feet in total combined floor area.

Covered property means any covered city property or covered non-city property.

Current facility requirements means the owner's current operational needs and requirements for a building, including temperature and humidity set points, operating Hours, filtration, and any integrated requirements such as controls, warranty review, and service contract review.

Data aggregation services means services provided by a utility to collect and aggregate the utility data of individually-metered space within a property into one property-wide consumption value.

Department means the office of sustainability and resilience or the Director of Sustainability and Resilience's designee, so long as said designee is an employee of the City of Atlanta.

Director means means the office of sustainability and resilience or the Director of Sustainability and Resilience's designee, so long as said designee is an employee of the City of Atlanta.

Disclosed benchmarking information means information generated by the benchmarking tool or other means and descriptive information about the physical property and its operational characteristics, that is disclosed to the public. The information shall include, but need not be limited to:

(a)Descriptive information:

i.Property address;

ii.Primary use type;

iii.Gross floor area as defined by ENERGY STAR Portfolio Manager's glossary;

(b)Output information:

i.Site energy use intensity (Site EUI);

ii.Weather normalized site energy use intensity (Site EUI);

iii.Total annual greenhouse gas emissions;

iv.Water use per gross square foot;

v.The ENERGY STAR score, where available; and

(c)Compliance or noncompliance with this ordinance.

Energy means electricity, natural gas, steam, heating oil, or other product sold by a utility to a customer of a property, or on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses captured by ENERGY STAR Portfolio Manager.

Energy and water audit or audit means a systematic process of identifying and developing modifications and improvements of the base building systems, including but not limited to alterations of such systems and the installation of new equipment, insulation or other generally recognized energy and water efficiency technologies to optimize energy and water use performance of the building and achieve energy and water savings, provided that such process shall be at least as stringent as or comparable to the Level II Energy Survey and Engineering Analysis of the most recent edition of Procedures for Commercial Building Energy Audits published by the American Society of Heating, Refrigerating and Air-conditioning Engineers Inc. (ASHRAE). Nocost/reduced cost energy audits provided for commercial customers that approximate the standard required under this definition of an energy audit shall qualify for compliance with the energy audit requirements of Article J, as determined by the department. Water audits shall not be required until the calendar year after the department determines that appropriate standards and certifications exist and must utilize the procedure for new rules detailed in section 8-2235.

Energy auditor means an individual possessing one or more certification(s) as follows:

(a)A registered architect, professional engineer, or certified energy manager with two or more years of auditing experience;

(b)An individual with auditing certification(s) from the Association of Energy Engineers, the Associated Air Balance Council, or the American Society of Heating, Refrigerating, and Air-Conditioning Engineers with two or more years of auditing experience;

(c)An individual or firm with five or more years of auditing experience;

(d)An individual with the certifications described in (a) or (b) with two or more years of building energy management experience in the building undertaking an energy audit.

Individuals possessing said certifications may perform or directly supervise individuals performing energy audits and certify audit reports required by this article. After the establishment of a U.S. Department of Energy (DOE)-recognized standard, the department may adopt the qualifications of the DOE-recognized standard with modifications as the department deems to be appropriate.

Energy management system means a system incorporating interior temperature sensors and a central processing unit and controls, which are used to monitor and control gas, steam and oil usage, as is applicable.

ENERGY STAR score means the one—100 numeric rating generated by the ENERGY STAR Portfolio Manager tool.

ENERGY STAR Portfolio Manager means the tool developed and maintained by the U.S. Environmental Protection Agency to track and assess the relative energy performance of buildings nationwide.

Financial hardship (of a property) means a property that:

(a)Had arrears of property taxes or water or wastewater charges that resulted in the property's inclusion, within two years prior to the due date of a summary audit report, on the City of Atlanta Department of Finance's annual tax lien sale list;

(b)Has a court appointed receiver in control of the asset due to financial distress;

(c)Is owned by a financial institution through default by the borrower:

(d)Has been acquired by a deed in lieu of foreclosure; or

(e)Has a senior mortgage subject to a notice of default.

Master meter means a single meter that records energy or water consumption for an entire building.

Net present value means the value in today's dollars of all future costs and benefits from an investment over a twenty year time horizon or the lifetime of the equipment, whichever is shorter, analyzed with a three percent discount rate per United States Office of Management and Budget Circular A-4 guidance.

Ongoing commissioning means an ongoing process of comparing data obtained through the building management system with analytic models; identifying problematic sensors, controls and equipment; and resolving operating problems, optimizing energy use and identifying retrofits for existing buildings.

Owner means any of the following:

(a)An individual or entity possessing title to a covered property or covered city property;

(b)The net lessee in the case of a property subject to a triple net lease that is the single tenant, regardless of tax parcel ownership;

(c)The net lessee in the case of a building subject to a net lease with a term of at least 49 years, inclusive of all renewal options;

(d)The board of directors in the case of a condominium;

(e)The board of directors in the case of a cooperative apartment corporation; or

(f)An agent authorized to act on behalf of any of the above.

Property means the tax parcel as designated by the appropriate county agency.

Registered design professional means a professional engineer, registered architect, or an individual or entity possessing other credentials approved by the department.

Rentable floor area means the combined leasable or occupant space of a property as defined by the current and appropriate version of the ANSI/BOMA Z65 Standard Methods of Measurement that is applicable to the buildings on said property.

Retro-commissioning means a process that systematically identifies and corrects building system problems to achieve optimal building performance. This includes planning, investigation, implementation, evaluation, and documenting that the facility and/or its systems and assemblies are operated, maintained, and tuned to improve building performance.

Retro-commissioning measure means a correction that has been identified during the analysis phase of retro-commissioning.

Retro-commissioning professional means an individual authorized by the department to certify retro-commissioning reports required by this article. Until such time as there is a U.S. Department of Energy ("DOE")-recognized standard establishing qualifications for persons who perform retro-commissioning and such standard has been adopted by the department, a retro-commissioning professional or member(s) of the team such professional supervises shall meet at least one of the following qualifications:

(a)Professional engineer, registered architect, or certified energy manager with two or more years of commissioning experience;

(b)Hold certification(s) with the Associated Air Balance Council, National Environmental Balancing Bureau, Association of Energy Engineers, the University of Wisconsin-Madison, or the American Society of Heating, Refrigerating, and Air-Conditioning Engineers as a commissioning authority with two or more years of commissioning experience;

(c)An individual or a firm with five or more years of commissioning experience.

(d)An individual with the certifications described in (a) or (b) with two or more years of building energy management experience in the building undertaking retro-commissioning.

After the establishment of such a DOErecognized standard, the department may adopt the qualifications of the DOE-recognized standard with such modifications as the department deems to be appropriate.

Retro-commissioning report means the final document produced by the retro-commissioning professional including but not limited to:

(a)Summary retro-commissioning report,

(b)Benchmarking output,

(c)Building staff information,

(d)List of repairs completed during investigation,

(e)List of deficiencies corrected, including, for each deficiency, the date corrected, by whom the correction was made, the actual cost, projected annual savings, the net present value, and simple payback for each measure,

(f)Testing protocol, including a list of all equipment types tested, a list of the sample rates (percent of each type of equipment tested) for each equipment type tested, the testing methodology, including any diagnostic equipment used, and the test results, and a list of integrated system testing performed, and

(g)Master list of findings, including for each, the name of the retro-commissioning measure, a brief description of the measure, recommended corrections, the benefits attained, estimated annual savings (energy and cost), the estimated implementation cost, the net present value, and the simple payback.

Simple payback means the number of years for the projected annual energy savings to equal the amount invested in the energy conservation measure, as determined by dividing the investment by the annual energy savings.

Space means an area within a building enclosed by floor to ceiling walls, partitions, windows and doors.

Substantial improvement means any repair, reconstruction, rehabilitation, addition, or improvement of a property, the cost of which equals or exceeds 50 percent of the market value of the property before the improvement or repair is started.

Summary audit report means the abbreviated report certified by the energy auditor on a form determined by the department that shall include at a minimum:

(a)Information on the energy auditor and his/her team,

(b)The date the audit was completed,

(c)Property information (such as building address, building age, gross floor area as defined by ENERGY STAR Portfolio Manager's glossary, number of buildings on the property, etc.).

(d)The total number of identified recommended measures, the estimated sum of total installed costs and the estimated value of savings from the implementation of said measures.

Summary retro-commissioning report means the abbreviated report certified by the retro-commissioning professional on a form determined by the department that shall include at a minimum:

(a)Retro-commissioning team information,

(b)The date the retro-commissioning was completed,

(c)Property information (such as building address, building age, gross floor area as defined by ENERGY STAR Portfolio Manager's glossary, number of buildings on the property, etc.),

(d)The total number of identified recommended measures, the estimated sum of total installed costs and the estimated value of savings from the implementation of said measures.

System or subsystem means a building assembly made up of various components that serve a specific function including but not limited to exterior walls, windows, doors, roofs, ceilings, floors, lighting, piping, ductwork, insulation, HVAC system equipment or components, electrical appliances and plumbing appliances.

Tenant means a person or entity occupying or holding possession of a building, part of a building or premises pursuant to a rental agreement, contract lease, or license agreement for the rental or use of the real property;

Utility means an entity that distributes and sells natural gas, electric, oil or thermal energy services for buildings.

Water auditor means an individual possessing such credentials as determined by the department to perform or directly supervise individuals performing water audits and to certify audit reports required by this article. (Ord. No. 2015-16(15-O-1101), § 1, 4-21-15; Ord. No. 2017-45(17-O-1424), § 2, 7-26-17; Ord. No. 2022-46(22-O-1872), § 10, 12-13-22)

§ 8-2003

Applications for all permits must comply with zoning ordinance.

Sec. 8-2003. Applications for all permits must comply with zoning ordinance.

Where applicable, applications for all permits shall be first reviewed and approved for compliance with the zoning ordinance, and applications or installations which are not in compliance with that ordinance shall not be approved or permitted. (Code 1977, § 8-2003)

§ 8-2004

Records.

Sec. 8-2004. Records.

The director, bureau of buildings is authorized to transfer to the offices and vault of the Atlanta Historical Society the following records:

(1)Daily journals of building permit applications for calendar years 1895 through and including 1959. Legal ownership of said records shall remain in the city.

(Code 1977, § 8-2004)

Secs. 8-2005—8-2070. Reserved.

ARTICLE B. BUILDINGS AND STRUCTURAL APPURTENANCES

§ 8-2071

Building code adopted, incorporated by reference.

Sec. 8-2071. Building code adopted, incorporated by reference.

The Standard Building Code, 1982 Edition, with appendixes A, B, C, I, and L, a copy of which is attached hereto, is hereby adopted as the Building Code of the City of Atlanta, subject to the following amendments which in the event of conflict shall supersede and take priority over any amended or unamended section. If an amendment is in conflict with only part of a section, it shall be construed as superseding only the part of the section with which it is in conflict. (Code 1977, § 8-2071)

Charter reference—Adoption of standard codes of technical regulations by reference, § 2-404.

Cross reference—Building code amendments, app. A. State law references—Constitutional authority to adopt building code, Ga. Const. art. IX, § II, ¶ III(a)(12); minimum required standards, O.C.G.A. §§ 8-2-20(9)(B)(i)(I), 8-2-25(a).

§ 8-2072

Designation of building code.

Sec. 8-2072. Designation of building code.

That code shall be known and may be cited as the building code of the city. (Code 1977, § 8-2072)

Sec. 8-2073. Reserved.

§ 8-2074

Fire limits designated.

Sec. 8-2074. Fire limits designated.

The following shall be and are hereby declared to be the fire limits:

(1)Commencing at the center of the intersection of Butler Street and Hunter Street and running thence eastwardly along the center of Hunter Street to the center of Connally Street; thence southwardly along the center of Connally Street to a point 200 feet south of the center of Memorial Drive; thence eastwardly 200 feet south of and parallel with the center of Memorial Drive to the center of Boulevard; thence north along the center line of Boulevard to the center of Memorial Drive; thence west along the center line of Memorial Drive to the center of Oakland Avenue; thence north along the center line of Oakland Avenue and the extension thereof to the center of Decatur Street; thence westwardly along the center of Decatur Street to the intersection of Decatur and Bell Streets; thence northwardly along the center of Bell Street 230 feet; thence westwardly 230 feet north from and parallel with the center line of Decatur Street to the center of Moore Street; thence due north to the center of Pratt Street; thence northeastwardly along the center of Pratt Street to the center of the intersection of Bell and Pratt Streets; thence northwardly along the center of Bell Street to a point 200 feet south of the center of the intersection of Edgewood Avenue and Bell Street; thence eastwardly 200 feet south of and parallel with the center of Edgewood Avenue to a point 200 feet south of the center of the intersection of Boulevard and Edgewood Avenue; thence northwardly along the center of Boulevard to a point 200 feet north of the center of the intersection of Edgewood and Boulevard; thence westwardly 200 feet north of and parallel with the center of Edgewood Avenue to a point 200 feet north of the center of the intersection of Hilliard Street and Edgewood Avenue; thence northwardly along the center of Hilliard Street to a point 200 feet north of the center of the intersection of Auburn Avenue and Hilliard Street; thence westwardly 200 feet north of and parallel with the center of Auburn Avenue to a point 200 feet east of the center of Piedmont Avenue; thence northwardly 200 feet east of and parallel with the center of Piedmont Avenue to a point 200 feet north of the center of Ponce de Leon Avenue; thence westwardly 200 feet north of and parallel with the center of Ponce de Leon Avenue to a point 200 feet east of the center of Peachtree Street; thence northwardly 200 feet east of and parallel with the center of Peachtree Street to the south line of the Southern Railroad right-of-way; thence southwestwardly along the south line of the right-of-way of the Southern Railroad to a point 200 feet southwestwardly of the intersection of the south line of the right-of-way of the Southern Railroad and the westwardly right-ofway line of the expressway; thence southwardly 200 feet west of and parallel with the west right-of-way line of the expressway to the center of Third Street; thence eastwardly along the center of Third Street to the center of the intersection of Williams and Third Streets; thence southwardly along the center of Williams Street to the center of the intersection of Williams and Mills Streets; thence westwardly along the center of Mills Street to the center of the intersection of Luckie and Mills Streets; thence northwardly along the center of Luckie Street to the center of the intersection of Luckie Street and North Avenue; thence westwardly along the center of North Avenue to a point 200 feet northeastwardly of the center of Marietta Street; thence northwestwardly 200 feet northeast of and parallel with the center of Marietta Street to a point 200 feet east of the east right-of-way line of Northside Drive; thence northwardly 200 feet east of and parallel with the east right-of-way line of Northside Drive to the center of Fourteenth Street; thence westwardly along the center of Fourteenth Street to a point 200 feet west of the west right-of-way line of Northside Drive; thence southwardly 200 feet west of and parallel with the west right-of-way line of Northside Drive to the center line of Tenth Street; thence west along the center line of Tenth Street and the projection thereof to the center line of the Southern Railroad; thence southeastwardly along the center line of the Southern Railroad to the center of Jefferson Street; thence southwestwardly along the center line of Jefferson Street to the center of Echo Street; thence south along the center line of Echo Street to the center of the Atlantic Coast Line Railroad at Bankhead Avenue; thence southeastwardly along the center line of the Atlantic Coast Line Railroad to the northward projection of the center line of Maple Street at Western Avenue; thence south along the center line of Maple Street to the center of Thurmond Street; thence habitable for its ordinary intended use, and that the materials used in any structure are sound and stable and performing the function for which intended;

(18)Good working condition—the item is fully operable for the use for which it was intended.

(19)Infestation—the presence, within or around a structure, of any insects, rodents, or other pests which may be harmful to the health or safety of the occupants or the soundness of the structure;

(20)Junked vehicle—any automobile, truck, van, recreational vehicle, mobile home or trailer of any kind (or parts thereof) not within a completely enclosed structure which has been discarded, dismantled, junked, ruined, scrapped, wrecked in part or whole, abandoned, or which is inoperable or which cannot be legally operated on the public roads or which does not bear a current registration or a current license plate or a current state required inspection sticker.

(21)Operator—any person who has charge, care or control of a building or part thereof;

(22)Owner—any person having individual or joint or common title to property in any form defined by the laws of the State of Georgia as an estate or interest, whether legal or equitable and however acquired, in real property;

(23)Person—an individual, a partnership, a joint venture, a corporation, an association and any other organization recognized as an entity by the laws of the State of Georgia;

(24)Plumbing—all of the following supplied facilities and equipment: gas pipes, water pipes, garbage disposal units, waste pipes, water closets, sinks, lavatories, bathtubs, shower baths, catch basins, drains, vents, and any other similar supplied fixtures, together with all connection to water, sewer or gas lines;

(25)Premises—buildings, dwellings, or grounds;

(26)Property—land and whatever is erected or growing upon or affixed thereto;

(27)Rubbish, litter or debris—combustible and noncombustible waste materials except garbage; and the term shall include but not be limited to the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust;

(28)Structurally sound—free of imperfections which affect the intended use of a structure;

(29)Supplied—furnished and installed by the owner or operator;

(30)Unsafe building—any structure which is dilapidated or has defects creating or increasing the hazards of fire, accident, or other calamities, lack of ventilation, light, and sanitary facilities, other conditions which render the structure unsanitary, dangerous, or detrimental to health, safety, morals, or the general welfare of the inhabitants of the City of Atlanta;

(31)Utility services—water, gas, electric and sewer services;

(32)Weed shall mean all unrestricted vegetative growth, including Kudzu (Pueraria Montana var. lobta), Chinese wisteria (Wisteria sinensis) and nuisance plants; and

(33)Workmanlike condition of maintenance and repair—that such maintenance and repair shall be made in a reasonably skillful manner and in accordance with the requirements of all applicable city codes.

(Code 1977, § 8-2083; Ord. No. 1998-27, §§ 1, 2, 5-12-98; Ord. No. 1999-75, § 1, 10-26-99; Ord. No. 2008-84(08-O-2059), § 14, 11-24-08; Ord. No. 2017-63(17-O-1275), § 8, 11-6-17)

§ 8-2084

Inspection of commercial, institutional and industrial buildings.

Sec. 8-2084. Inspection of commercial, institutional and industrial buildings.

(a)Inspection, enforcing officers. The enforcement officer is hereby authorized and directed to make inspections to determine the condition of commercial, institutional, and industrial buildings and premises located within the city in the interest of safeguarding the health and safety of the occupants and of the general public. For the purpose of making such inspections, the enforcement officer upon presentation of proper credentials, may enter any property at any reasonable time to perform any duty imposed by the Code.

(b)Operators. Every operator of a building shall give the owner thereof, or his agents or employees, access to any part of such building, or its premises, at all reasonable times, for the purpose of improving or making such repairs or alterations as are necessary to effect compliance with the provisions of this code or with any lawful rule or regulation adopted pursuant to the provisions of this code.

(c)Assistance of county authorities. In the performance of his duties hereunder, the enforcement officer shall be authorized at any time to seek from the legally designated health authorities of Fulton and DeKalb Counties such assistance and cooperation as those authorities may be able to give in the areas of the city within their respective jurisdiction. (Code 1977, § 8-2084; Ord. No. 1998-27, § 3, 5-12-98)

§ 8-2085

Availability of reports, orders, recommendations.

Sec. 8-2085. Availability of reports, orders, recommendations.

(a)After any order, report or recommendation has been made by an official or employee of the city and is on file in their respective department, such information shall upon request be made available to the owner of the property or his authorized agent, a prospective purchaser, the manager of the property, the attorney for any of the foregoing, any attorney for the examination of titles, and any official or employee of the city for official purposes.

(b)All orders, certificates, notices, waivers, and reports made pursuant to this Code shall be maintained for at least five years.

(c)Availability. The records referred to in subsection (b) shall be made available during business hours for examination and/or copying as required by law.

(d)Certification. The director shall designate an employee or employees as keepers of the records referred to in subsection (b). Such employee or employees shall be authorized to certify under seal, copies of such records for admission in evidence under O.C.G.A. § 24-7-21. (Code 1977, § 8-2085; Ord. No. 1998-27, § 4, 5-12-98)

§ 8-2086

Inspection by disinterested employee; secrecy provisions; information.

Sec. 8-2086. Inspection by disinterested employee; secrecy provisions; information.

No official or employee of the city making inspection of properties for the purpose of determining the necessity for repairs or corrections shall have any financial interest, directly or indirectly, in any repairs or corrections which may be required or the ownership of the property itself. (Code 1977, § 8-2086; Ord. No. 1998-27, § 5, 5-12-98)

§ 8-2087

Enforcement.

Sec. 8-2087. Enforcement.

(a)Authority. The primary responsibility and authority for the enforcement of the provisions of this code shall be vested in the director, bureau of neighborhood conservation.

(b)Service of notice. Whenever the enforcement officer determines that a structure or premise does not conform with the provisions of section 8-2095 of the Atlanta City Code and does not constitute an imminent, immediate and clear threat to the health, safety or morals of either the occupants of such premises and structure or the general public, he shall cause a written notice to be served upon the owner or occupant as may be appropriate.

(c)Contents of notice. Such notice shall include:

(1)An enumeration of conditions in the structure which the enforcement officer has determined and charges are in violation of this Code;

(2)An enumeration of remedial action required for each determined violation;

(3)A statement that the owner or occupant has a definite number of days as the enforcement officer may prescribe, not in excess of 45 days, from the date of notice within which such remedial action must be commenced. Notwithstanding the fore-going or any other provision to the contrary, when a junked vehicle is observed upon private property, a decal shall be affixed to said junked vehicle giving notice that if the junked vehicle is not removed within three days, the city will cause the junked vehicle to be towed or otherwise removed from the property. Furthermore, if weeds, rubbish, litter and/or debris is observed upon private property, the notice shall require all remedial action contained therein to be completed within three days;

(4)A specified period of time after commencement of such remedial action within which such remedial shall be completed, such period of time for completion to be determined by the enforcement officer as the period of time reasonably required under all the circumstances known to him, for the completion of all such remedial action; and

(5)A statement adequate to notify the person served that a failure to comply with the provisions of this code within the time set out in the notice is unlawful.

(d)Filing of notice. A copy of such notice shall be filed in the office of the director, bureau of neighborhood conservation.

(e)Perfection of notice. Notice shall be deemed perfected if served upon the owner or occupant as may be appropriate, by causing the notice to be delivered as follows:

(1)In person; or

(2)By regular and certified mail with return receipt attached; or

(3)By posting a copy of said notice on the building if the owner or occupant cannot otherwise be served.

(Code 1977, § 8-2087; Ord. No. 1998-27, § 6, 5-12-98; Ord. No. 2006-07, § 1, 2-28-06; Ord. No. 2008-84(08-O-2059), § 15, 11-24-08)

§ 8-2088

Failure to comply unlawful.

Sec. 8-2088. Failure to comply unlawful.

It shall be unlawful to fail to comply with the written notice as provided in section 8-2087(c). (Code 1977, § 8-2088)

§ 8-2089

Repealed.

Sec. 8-2089. Repealed.

Editor’s note—Ord. No. 1998-46, § 1, adopted June 24, 1998, repealed § 8-2089 in its entirety. Formerly, said section pertained to appeals filed pursuant to the Atlanta Commercial, Institutional and Industrial Building Maintenance Code, as enacted by Code 1977, § 8-2089.

§ 8-2090

Repealed.

Sec. 8-2090. Repealed.

Editor’s note—Ord. No. 1998-46, § 1, adopted June 24, 1998, repealed § 8-2090 in its entirety. Formerly, said section pertained to appeals to the housing appeals board pursuant to the Atlanta Commercial, Institutional and Industrial Building Maintenance Code, as enacted by Code 1977, § 8-2090.

§ 8-2091

Authority of enforcement.

Sec. 8-2091. Authority of enforcement.

If the written notice as provided in section 8-2087(c) has not been complied with, the enforcement officer is authorized to either:

(1)Repealed;

(2)Refer the file to the housing demolition officer for in rem proceedings as provided in article III of the Atlanta Housing Code; or

(3)Initiate court action in any appropriate court against the owner or operator.

(Code 1977, § 8-2091; Ord. No. 1998-46, § 1, 6-24-98; Ord. No. 2006-07, § 3, 2-28-06)

§ 8-2092

Placarding premises.

Sec. 8-2092. Placarding premises.

(a)Placard by enforcement officer of vacant property. The enforcement officer is authorized to place a dated and signed placard on vacant property when, in his opinion, one or more of the conditions enumerated in section 8-2095 and 8-2096 exists. The enforcement officer shall notify the owner of the property by certified mail, return receipt requested, to his last known address that the building has been placarded, the reason therefor, and the owner's right of appeal as provided in section 8-2090. Such placard shall contain the following words:

"Warning, Danger, Keep Out. This building has been inspected and conditions found which are in violation of the Atlanta Commercial, Institutional and Industrial Building Maintenance Code. It shall be unlawful for this property to be leased or occupied until requirements of the Code have been made in a satisfactory manner. Mutilation or unauthorized removal or defacing of this placard shall be an offense punishable by fine or imprisonment."

(b)Unlawful to occupy or allow occupancy of placarded property. It shall be unlawful for a person or persons to occupy or for an owner to allow occupancy of a structure or premises which has been placarded as provided by section 8-2092(a).

(c)Placard of occupied property by court. Upon citation brought under section 8-2091 hereof, the court, after hearing, is authorized to order the enforcement officer to place a dated and signed placard on occupied property which has been found by the court to be unfit for human occupancy. Such placard shall contain the following words:

"Warning, Danger, Keep Out. This property has been adjudicated by the municipal court to be unfit for human occupancy and in violation of the Atlanta Commercial, Institutional and Industrial Building Maintenance Code. It shall be unlawful for this building to be leased or occupied after 60 days from the date of this notice until all requirements of the Atlanta Commercial, Institutional and Industrial Building Maintenance Code have been made in a satisfactory manner. Mutilation or unauthorized removal or defacing of this placard shall be an offense punishable by fine or imprisonment."

(d)Unlawful to occupy—60 days after placarded. Sixty days from the date the structure, or premises has been placarded as provided by section 8-2092(c) herein, it shall be unlawful for a person or persons to occupy the structure, or premises.

(e)Unlawful to allow placarded property to be reoccupied. It shall be unlawful for an owner to allow a structure, or premises to be reoccupied which has been placarded as provided in section 8-2092(c).

(f)Repealed.

(g)Placard—Notice to general public. The posting of the placard as provided for herein and the recording of such in the records of the bureau of buildings shall be notice to the general public that it shall be unlawful for any owner to allow the structure to be occupied, as provided herein; and no further notice by the city shall be required to be given to any subsequent owner.

(h)Unlawful to deface, etc. placard. It shall be unlawful to deface, alter, destroy, cover or remove said placards.

(i)Removal of placard by enforcement officer. The enforcement officer shall remove the placards when compliance with this code has been effected. (Code 1977, § 8-2092; Ord. No. 2006-07, § 2, 2-28-06)

§ 8-2093

Actual or constructive knowledge of issuance of notice.

Sec. 8-2093. Actual or constructive knowledge of issuance of notice.

A purchaser, transferee, lessee, or mortgagee who had actual or constructive knowledge of the issuance of a notice as provided by section 8-2087(b) of this code shall be bound by such notice as of the date of such sale, transfer, lease, or mortgage. (Code 1977, § 8-2093)

§ 8-2094

Charges, summons, penalty.

Sec. 8-2094. Charges, summons, penalty.

(a)Charges answerable in court. Upon the failure of the owner or operator upon whom the notice is served to correct the violation specified, the enforcement officer shall be authorized to issue to such owner or operator a written copy of charges and summons, directing such owner or operator to appear before the court at a specified time and place to answer the charges.

(b)Emergency power prescribed. Notwithstanding the provisions of section 8-2087 whenever the enforcement officer shall determine that the conditions constitute a clear and present danger or hazard to the health, safety or morals of persons or property, he shall be authorized to cause the summons provided by section 8-2094(a) above to issue instanter, or to take such other action consistent with law as he deems proper to exercise consistent with the emergency situation presented.

(c)Penalties. Failure to comply with any provision of this Code shall constitute an offense and shall be punishable as follows:

(1)Upon first conviction, each separate violation of this Code shall be punishable by 'a fine of not less than $500.00 nor more than $1,000.00 or imprisonment for not more than 60 days or both.

(2)A second or third conviction for violation of this Code shall be punishable by a fine of $1,000.00 or imprisonment for not more than 60 days or both.

(3)A fourth conviction and any conviction thereafter of this code shall be punishable by imprisonment for no less than 30 days and no more than 180 days.

(4)Where a person shall be convicted of more than one offense and sentenced to imprisonment, said sentences shall be served concurrently; provided however, the judge may in his/her discretion, direct that these sentences run severally if said sentence would not exceed 180 days.

(5)Any or all penalties prescribed in this subsection may be imposed upon the appropriate officers or partners of a corporation, partnership or other legal entity for the failure to comply with any provision of this Code.

(6)The municipal court shall levy a fee of $50.00 for the inspection of the property by a code enforcement officer for which the citation was issued. In each instance where the municipal court resets the case to afford the defendant an opportunity to come into compliance, the municipal court shall levy a fee of $50.00 for each reinspection by a code enforcement officer.

(7)Notwithstanding the foregoing, failure to comply with any provision of section 8-2222 through section 8-2226 or to misrepresent any material fact in a document required to be prepared or disclosed by said sections shall result in the following:

i.A written warning issued by the city for the first violation; and

ii.If initial benchmarking information or updated benchmarking information is not reported within 30 days of the date the written warning is issued, said failure shall constitute an offense and shall be punishable upon conviction by a fine of $1,000.00. Each year of non-compliance shall constitute a separate offense punishable upon conviction by a fine of $1,000.00.

(8)Notwithstanding the foregoing, failure to comply with any provision of section 8-2227 through section 8-2228 or the building owner submits incomplete or false information, shall result in the following:

i.A written warning issued by the city for the first violation; and

ii.If the summary audit report information is not reported within 90 days of the date the written warning is issued, said failure shall constitute an offense and shall be punishable upon conviction by a fine of $1,000.00. Each year of non-compliance shall constitute a separate offense punishable upon conviction by a fine of $1,000.00.

(d)Separate offenses. Any person failing to comply with any provision of this Code shall be guilty of an offense. Each and every day the condition is maintained or the activity is conducted after the expiration of all reasonable time given to comply with any provision of this Code shall constitute a separate offense as to each violation of the Code and shall be punishable as provided in subsection (c) hereinabove.

(e)Any person who knowingly and willingly aids another in violating the provisions of this Code shall be a party to the offense and shall be subject to the penalties provided herein.

(f)Reports of disposition of cases. The clerk of municipal court shall prepare weekly reports of the disposition of cases brought pursuant to this Code and shall forward said reports to the director. (Code 1977, § 8-2094; Ord. No. 2002-78, § 1, 10-28-02; Ord. No. 2003-99, § 2, 10-14-03; Ord. No. 2010-25(10-O-0628), § 3, 6-16-10; Ord. No. 2015-16(15-O-1101), § 3, 4-21-15)

§ 8-2095

Maintenance.

Sec. 8-2095. Maintenance.

The owner or operator shall maintain and operate any commercial, institutional, or industrial structure in accordance with the following:

(1)Maintenance of grounds. The grounds of the premises and of all structures thereon shall be kept free of all nuisances, and any hazards to the safety of occupants, customers, pedestrians, neighbors, surrounding neighborhoods, and other persons utilizing the premises or viewing the premises from the outside, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following:

a.Brush, weeds, broken glass, stumps, roots, obnoxious growths, and accumulations of filth, garbage, trash, refuse, debris, and inoperative machinery;

b.Dead and dying trees, tree limbs and decorative landscaping specifically installed per section 8-2095(7)a.2.

c.Loose and overhanging objects which by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof;

d.Holes, excavations, breaks, projections, obstructions, and excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other parts of the premises;

e.Inadequate run-off drains for stormwaters; and

f.Sources of infestation.

g.Broken fences, as required in section 8-2095(7)a.1.

(2)Maintenance of exterior of premises and structures. The exterior of the premises and the condition of necessary structures shall be maintained so that the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the neighborhood and such that the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood including the following:

a.Foundations, floors, and walls which are not structurally sound;

b.Chimneys and flue and vent attachments which are not safe, durable, smoke tight, and capable of withstanding the action of flue gasses;

c.Exterior porches, landings, balconies, stairs, and fire escapes which are not provided with banisters or railings properly designed, installed, and maintained to minimize the hazard of falling;

d.All permanent signs and billboards exposed to public view permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs which have excessively weathered, those upon which the paint has excessively peeled or cracked, or those whose supporting members have deteriorated so that they no longer meet the structural requirements of the building code, shall, with their supporting members, be removed or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed;

e.All store fronts and walls exposed to public view shall be kept in a good state of repair;

f.Any awning or marquee and its accompanying structural members shall be maintained in a good state of repair. In the event said awnings or marquees are made of cloth, plastic, or of a similar material, said cloth or plastic, where exposed to public view, shall not show evidence of excessive weathering, discoloration, ripping, tearing, or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks, or other parts of the public domain; and

g.1. All vacant buildings shall be kept secure against unauthorized entry and shall be secured in accordance with the specifications set forth in section 29 of the housing code.

2.The minimum specifications to secure a vacant building shall be as follows unless otherwise approved by the director.

i.Except for the front door, all windows and doors on all levels, through which access to the interior of the building can be made, shall be secured from the interior of the building with inch exterior grade plywood sheathing.

ii.All window boards shall be fit to screen inset molding as shown;

iii.All fabricated boards shall be painted with one coat of primer on the exterior surface;

iv.All two inches by four inches interior wood stock used in securing the sheathing shall be padded with carpet type material of minimum dimensions four inches by eight inches permanently attached. This padding shall be adjusted to prevent damage to interior walls and wood trim;

v.A dead bolt lock shall be installed on the front exterior door above the existing lock.

3.All openings specified in section 8-2095 herein, must remain secured in the manner prescribed in section (g)(1), herein and the exterior of the building must remain in compliance with all applicable provisions to this Code. Failure of the owner or operator to maintain the secured vacant building as prescribed herein shall subject them to legal action without further notice from the director.

Further, when a vacant, burned or otherwise damaged or deteriorated building or structure has been boarded, corrective action to bring the building or structure into full compliance with the Code shall begin within 30 days after the building or structure has been boarded and shall be completed and the boarding removed within a period of six months from the date of the boarding. The building or structure shall be subject to an inspection beginning four months from the date of the boarding.

Failure to have begun the corrective action to bring the building or structure into full compliance with this Code within 30 days after the building or structure has been boarded, and the failure to allow city code enforcement officers to gain access to the interior of the building or structure after proper notification, shall each constitute a separate violation of this Code.

(3)General maintenance. The exterior of every structure or accessory structure shall be maintained in a good state of repair and all surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservation. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance.

a.Floors, interior walls, and ceiling of every structure shall be structurally sound and maintained in a clean and sanitary condition, and that such floors be free of broken, missing or otherwise damaged tiles or parts thereof.

b.All roofs shall have an approved covering free of holes, cracks, or excessively worn surfaces, which will prevent the entrance of moisture into the structure and provide reasonable durability;

c.Every room open to the public or in which persons are employed, every public hall, and stairway in every structure shall be adequately lighted at all times that said structure is in use or open to the public. Unless otherwise provided by law, adequate lighting for the purpose of this subsection shall mean not less than five foot candles, measured at any point on the floor of a room, hall, or stairway;

d.Window area and ventilation. Every room open to the public or in which persons are employed shall have at least one window or skylight which can easily be opened, or such other devices as will adequately ventilate the room. The total of window area in every such room shall be equal to ten percent of the floor area. At least 50 percent of the area of the windows shall be operable, except where there is an approved device installed which shall provide at least one complete change of air every time it would be required by the heating, ventilating, and air conditioning code of the city;

e.Every structure shall have at least one unobstructed means of egress leading to open space at ground level;

f.Washroom and water closet compartment floors shall be surfaced with water resistant materials and shall be kept in a dry, clean and sanitary condition at all times;

g.Supporting structural members are to be kept structurally sound, free of deterioration, and capable of bearing imposed loads safely;

h.Walls and ceilings shall be kept clean and maintained in a good state of repair;

i.Every washroom and water closet compartment shall be provided with permanently installed artificial lighting fixtures with a switch and wall plate so located and maintained to prevent short circuiting from water or plumbing;

j.All premises shall be properly connected to electric power through safely insulated conductors conforming to the electrical code of the city;

k.All wiring or cables shall be properly affixed or attached to the structure and kept in a good state of repair, that such wiring be free of loose dangling parts, whether live or not; and that cover plates be provided on any exposed electrical outlet.

l.Garbage storage containers or garbage disposal facilities meeting the standard required by the bureau of sanitary services of the city shall be provided and maintained for the disposal of garbage at every occupied structure; and

m.Inflammable or combustible liquids or other materials may not be stored on the premises unless they are of a type approved for storage by the regulations of the department of fire services of the city and then only in such quantities and in such fireproof storage containers as may be prescribed by the regulations of said bureau of fire services.

n.All entry doors and frames of commercial structures be maintained free of decay, damage, bent or warped members.

o.All lighting fixtures, whether interior or exterior, be maintained in safe operating condition and be supplied with adequate bulbs and safe operating mechanisms.

p.All appliances and equipment used in connection with such commercial operation be maintained in a safe and sanitary operating condition.

q.All Inside and outside stairways and porches shall be supplied protective railings when such porches are more than 36 inches above ground level or on any stairs containing four or more rises.

(4)Posting of assigned numbers. The owner of any improved parcel of land in the city shall cause the officially assigned street number for such parcel to be posted on the front of the building or in the front yard so as to be clearly visible from the street. Street numbers shall be posted in numerals no less than two and one-half inches in height.

(5)It shall be unlawful for the owner, occupant or operator of any lot, tract, parcel of land or premises in the city, to have, permit or allow any junk vehicle to be parked, let or maintained thereon; and it shall be unlawful for any person to cause, have, let, maintain or place such a junk vehicle on the real property of another. Except that it shall not be unlawful to maintain, in an otherwise lawful manner:

a.Any vehicle in an enclosed building;

b.Any vehicle on the premises of a legally licensed automobile storage yard; or

c.Any vehicle on property occupied and used for repair, reconditioning or remodeling of motor vehicles in conformance with the zoning ordinance of the city; provided however that the owner, occupant or operator of any lot, tract, parcel of land or premises used for the repair, reconditioning or remodeling of motor vehicles, shall not permit or allow any vehicle awaiting repair, reconditioning or remodeling, to remain on such property for a period in excess of 45 days.

(6)It shall be unlawful for the owner, occupant or operator of any lot, tract, parcel of land or premises in the city, to have, permit or allow the growth of Kudzu, Chinese wisteria or the excessive growth of grass, weeds, vines, shrubs, brush or thickets thereon. Vegetation on the premises, to include any adjacent sidewalk planting strips, not to encroach into the right of way or onto adjacent property, or create a safety or fire hazard.

(7)a.

For the purpose of improving the aesthetics and safety of the immediately surrounding communities and neighbors, the owners and operators of all automobile salvage yards, junkyards, scrap metal yards, impound lots, and the yards of secondary metal recyclers, are hereby required to install the following, which is to be approved by the bureau of planning, with recommendations from the affected NPU:

1.Decorative and buffering opaque fencing of at least eight feet in height around the borders of the property so as to shield the operation of such businesses from the public view. This fence shall run continuously around the property, with no breaks except for ingress and egress.

2.Decorative landscaping that includes neighborhood friendly foliage, such as tall bushes, rose bushes, or traditionally accepted buffering trees, bushes and shrubs. Landscaping should be chosen appropriately to allow for winter weather. This landscaping shall cover the opaque fencing, where appropriate, further shielding the operation of such businesses from public view.

3.Adequate watering systems to keeps above landscaping alive.

b.The above requirement shall not apply where the premises upon which such activities are conducted are wholly enclosed within a building.

c.Owners or operators of such businesses are required to comply with subsection a.1., 2. and 3. above within six months of the effective date of this subsection.

d.Failure to comply with the provisions of this subsection shall be punishable as provided in section 1-8 of the Atlanta City Code.

(Code 1977, § 8-2095; Ord. No. 1998-27, §§ 7— 10, 5-12-98; Ord. No. 2000-30, § 1, 5-23-00; Ord. No. 2000-54, § 1, 10-10-00; Ord. No. 2001-69, § 1, 9-26-01; Ord. No. 2002-64, § 1, 8-26-02; Ord. No. 2004-49, §§ 1—3, 8-20-04; Ord. No. 2017-63(17O-1275), § 7, 11-6-17)

§ 8-2096

Duties and responsibilities.

Sec. 8-2096. Duties and responsibilities.

(a)The owner of a structure shall be responsible for maintaining the minimum standards required by this article unless his lease with the operator provides otherwise. In any event, the operator shall be responsible:

(1)For keeping all parts of the premises under the control of the operator in a clean and safe condition and the operator shall refrain from performing any acts which would render other parts of the premises unclean, insanitary, or unsafe or which would obstruct the owner from performing any duty required by this article;

(2)For the elimination of infestation in or on the premises subject to his control;

(3)For maintaining all plumbing fixtures used by the operator in a clean, sanitary, and operable condition and he shall not deposit any material in any fixture or sewer system which would result in stoppage of or damage to the fixture or sewer system; and

(4)For not permitting ceiling or wall fixtures to be used for supplying power to equipment other than that for which they are designed or allowing the use of loose cords or extension lines in excess of six (6) feet.

(b)Security requirements. All buildings shall be secured by maintenance or security personnel so as to prevent unauthorized occupancy when unoccupied or unattended. (Code 1977, § 8-2096)

§ 8-2097

Legal effect.

Sec. 8-2097. Legal effect.

It is not the purpose or intention of this article that any law be held to be in conflict with it and hereby repealed; rather, it is the intention of this article to be given the legal effect set forth in section 8-2082. (Code 1977, § 8-2097)

§ 8-2098

Vacant buildings; nuisances.

Sec. 8-2098. Vacant buildings; nuisances.

(a)It is hereby found that there are buildings and other structures and parts of compartmentalized buildings and structures in the city of all zoning classifications which are vacant. By reason of their continued vacancy, these buildings and other structures are subjected to vandalism primarily brought about by reason of removing various parts of the structure. Removal of parts of the structure creates a condition whereby such buildings and other structures are subject to an unauthorized entry. It is further found that when such buildings and other structures are subject to an unauthorized entry, they become a breeding ground for victimless criminal activity, such as, but not limited to, intemperate use of alcoholic beverages and use of drugs, thus leading to incidences of destruction of such buildings and other structures by fire and also creating health and sanitation hazards. Additionally, it is found that other criminal activity, such as, but not limited to, murder and rape, are likewise carried on in such buildings and other structures. Such an unauthorized entry allows various classes of criminal conduct to be carried on in such clandestine surroundings. It is further found that such activity occurs in buildings and structures that may not, within the meaning of applicable portions of Georgia laws and of the Atlanta Housing Code, be subject to demolition and other proceedings.

(b)Therefore, and in furtherance of the legislative findings hereinabove set forth, it is hereby declared by the council that such buildings and other structures, upon a proper adjudication of such as a nuisance as hereinafter provided, are a nuisance and, under the police power of the city, subject to appropriate abatement proceedings. Further, it is hereby declared by the council that such buildings and other structures are nuisances not only with respect to the safety of the inhabitants of the city, but also with respect to the health, sanitation and welfare of the inhabitants of the city. (Code 1977, § 8-2098)

§ 8-2099

Vacancy defined.

Sec. 8-2099. Vacancy defined.

(a)Any person who owns a building or structure in the City of Atlanta which, by its continued vacancy, is subject to an unauthorized entry by other persons and has sheltered nonowners or non-tenants, shall be subject to the nuisance abatement procedures hereinafter set forth in this article.

(b)Vacancy, as used in this section, shall be rebuttably presumed to occur in any structure or building when such structure or building has no visible signs of human habitation, as opposed to occasional human use by non-owners and/or non-tenants, for a period of 15 continuous calendar days; and where such structure or building is in a dilapidated condition, including but not limited to, broken window panes, broken doors, unsecured doors and any other physical condition that might make an unauthorized entry possible without force. This definition of vacancy shall not preclude any judge from finding that any such building or structure is vacant under any other legally acceptable concept of vacancy. (Code 1977, § 8-2099)

§ 8-2100

Inspection, required, notice; abatement procedure.

Sec. 8-2100. Inspection, required, notice; abatement procedure.

The enforcement officer may, either upon his/ her own authority or upon a complaint of one or more residents of the City of Atlanta, cause an inspection of any building or structure in the City of Atlanta to be conducted. This section shall not be construed to require both an enforcement officer acting on his/her own authority and receiving a resident complaint to cause said inspection. If, in the event the mayor or his appointed designee should find that a condition or conditions exist which would bring such building or structure within the definition of a nuisance as set forth in section 8-2099 above, he shall cause a notice by certified mail to be sent to the owner of record of property. Said notice shall enumerate the conditions which, in the opinion of the mayor or his designee, cause the building or structure to constitute a nuisance; shall enumerate the actions which such person should take in order to abate the nuisance; and shall advise such person that any subsequent entry by nonowner or non-tenant shall subject him to the City of Atlanta's Nuisance Abatement Ordinance. In the event that there is a subsequent unauthorized entry, the owner shall again be notified by certified mail of the entry and of the action which should be taken in order to abate the nuisance. In the event that the person so notified for the second time shall have failed to take the necessary steps which, in the opinion of the mayor or his designee, constitutes the abatement of the ordinance within 14 days of the date of the second notice, he or his designee shall be authorized to take the following action to abate said nuisance:

(1)Cause a citation to issue to any resident owner of any property, requiring the owner of the property to appear in the Municipal Court of the City of Atlanta on a day certain to answer the charges of maintaining a nuisance;

(2)Cause the City Attorney of the City of Atlanta to proceed in any appropriate Superior Court of the State of Georgia having the proper venue to try and determine the cause, in the event the owner is a non-resident of the City of Atlanta but a resident of the State of Georgia; or

(3)Cause the city attorney to institute the proper proceeding in any appropriate court of the State of Georgia against a non-resident of the State of Georgia in accordance with the applicable laws of the State of Georgia governing personal jurisdiction over non-residents of the state.

(Code 1977, § 8-2100; Ord. No. 2002-63, § 1, 8-26-02)

§ 8-2100.1

Abatement; court order.

Sec. 8-2100.1. Abatement; court order.

(a)In the event that the trial judge finds that the owner of any such building or structure in the City of Atlanta is maintaining a nuisance as set forth in section 8-2098 hereof, he shall, in accordance with the provisions of section 72-401, Ga. Code Ann., be authorized to make a finding that such building or structure does constitute a nuisance, and, if such is found to exist, he shall order its abatement. The power to order the abatement of such nuisance shall include the power to frame any such order that the ends of justice require and shall include the power to order the owner to repair the building or structure to the extent entry could only be obtained through a forcible unauthorized entry, or to order the demolition of any such building or structure.

JOBNAME: No Job Name PAGE: 187 SESS: 2 OUTPUT: Fri Sep 20 12:44:50 2002 /first/pubdocs/mcc/2/10376_takes SECTION 103 APPLICATION FOR PERMIT

103.1. When Required.

(a)It shall be unlawful to construct, erect, install, alter or repair or to commence the construction, erection, installation or alteration of any equipment or system provided for in this code without first filing with the director, bureau of buildings an application in writing and obtaining a formal permit in conformity with this code.

(b)In the event that any work is found to have been started without the required permit first being obtained, the aforementioned fees, where applicable, shall be doubled. However, in no event shall the penalty exceed $1,000.

103.2. Application Form.

(a)An application for permit shall be submitted in such form as the director, bureau of buildings may prescribe.

(b)Such application shall be made by the elevator contractor, and it shall be the joint responsibility of the owner and the contractor to see that a permit is obtained before any installation or work is started.

(c)Such application shall contain the full names and addresses of the applicant and of the owner of the property.

(d)Such application shall describe briefly the proposed work and shall give such additional information as may be required by the director, bureau of buildings for an intelligent understanding of work.

(e)Such application shall be issued only to those persons holding a current City of Atlanta business license.

(f)Section 103.2(b) shall not limit any person wishing solely to make such application for the purpose of requesting a reinspection of property by the electrical division of the bureau of buildings.

103.3. Plans and Specifications.

(a)When required by the director, bureau of buildings, two (2) 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 contain the name and address of the designer and information in the form of notes or otherwise as to the quality of materials, were quality is essential to conformity with this code. Such information shall be specific and this code shall not be cited as whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information.

(b)The director, bureau of buildings 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.

(c)All drawings, specifications and accompanying data shall bear the name and address of the designer.

SECTION 104 PERMITS

104.1. Action on Application.

(a)Application 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 application shall be rejected and the applicant notified by a written report or otherwise.

(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 violations 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.

(c)The issuance of a permit based on applications, plans and/or specifications shall not prevent the director, bureau of buildings from thereafter requiring the correction of the 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 any other ordinances of the City of Atlanta.

JOBNAME: No Job Name PAGE: 188 SESS: 2 OUTPUT: Fri Sep 20 12:44:50 2002 /first/pubdocs/mcc/2/10376_takes

(d)No partnership or corporation engaged in the business of elevator contracting installation or repairing shall be entitled to a permit under this code for such business activities unless there connected with such partnership or corporation a person or persons actually engaged in the performance of such business on a full-time basis.

104.2. Fees.

(a)No elevator permit shall be valid until the fees prescribed in this section have been paid to the City of Atlanta. Schedule of permit fees are as follows:

1.Passenger or freight base price, per unit . . . . . . . . . . . . .

Plus, each opening . . . . . . . . .

$400.00 15.00

2.Dumbwaiter and material lift, per unit . . . . . . . . . . . . . . . . . . .

150.00

3.Escalator, per unit . . . . . . . . .

150.00

4.Workmen's hoist, initial inspection per unit. . . . . . . . . . .

250.00

5.Workmen's hoist, tower rise, per jump . . . . . . . . . . . . . . . . . .

100.00

6.Private residence inclined lifts and elevators . . . . . . . . .

250.00

7.Belt manlift . . . . . . . . . . . . . . .

250.00

8.Special purpose personnel elevators and wheelchair lifts, per unit . . . . . . . . . . . . . . . . . . .

250.00

9.Two acceptance inspections and the operating permit fees are included in the installation permit fee. All additional inspections shell be (per hour) . . . . . . . . . . . . . . . . .

75.00

10.Major alteration permits:

(a)Each alteration per unit

(b)Each additional alteration per unit. . . . . . . . .

(c)Maximum alteration fee, per unit . . . . . . . . . .

250.00 20.00 200.00

11.The acceptance inspection fee is included in the major alteration permit fee. The al-terations acceptance inspections will not change the normal inspection or the operating permit due date.

Additional inspections per hour . . . . . . . . . . . . . . . . . . . . . .

12.Operating permit:

(a)Operating permit-one year price per unit . . . .

(b)Temporary operating permit, per unit. . . . . . .

13.Inspection for temporary elevator, per unit . . . . . . . . . . . .

14.Others:

(a)Operating equipment without an operating certificate. (O.C.G.A. § 8-2-103) First offense . . . . . . . . . . Second offense . . . . . . . .

(b)Operating equipment in an unsafe condition. (O.C.G.A. § 8-2-101) First offense . . . . . . . . . . Second offense . . . . . . . .

(c)Failing to notify the elevator division of any accidents involving structural damage or injury as defined in the definition section. (O.C.G.A. § 82-106)

First offense. . . . . . . . . . . . . . .

Second offense. . . . . . . . . . . . .

(d)Failing to notify the elevator division of an accident, which involves death. (O.C.G. A. § 82-106). . . . . . . . . . . . . . . . . . . . .

(e)Placing unit back in service which has been red tagged and placed out of service without first having been inspected. (O.C.G.A. § 8-2-102)

First offense. . . . . . . . . . . . . . .

75.00 70.00 70.00 200.00 250.00 500.00 500.00 1,000.00 500.00 1,000.00 5,000.00 1,000.00 JOBNAME: No Job Name PAGE: 189 SESS: 2 OUTPUT: Fri Sep 20 12:44:50 2002 /first/pubdocs/mcc/2/10376_takes Second offense. . . . . . . . . . . . . 2,500.00

(f)Turning equipment over for use without a final acceptance inspection. (O.C.G.A. § 8-2-101)

First offense. . . . . . . . . . . . . . .

Second offense. . . . . . . . . . . . .

500.00 1,000.00

15.Reinspection fee, per unit each inspection . . . . . . . . . . . .

75.00 If any part of a permitted job is found not to have been included in the permit, the cost of including said work in the permit shall be double the usual cost, however in no event shall the penalty exceed $1,000.00

16.In the event that any work is found to have started without a permit first being obtained, the above permit fees will be doubled for the permit, however, in no event shall the penalty exceed $1,000.00.

104.3. Refund of Permit Fees.

Within six months from the date of issuance of a permit, a refund request may be granted for the following:

(a)When a permit has been issued in error as determined by the director, the total fee may be refund provided no work has commenced on that permit.

(b)When a permit has been issued and the job has been canceled, 50 percent of the permit fee may be refunded provided no work has commenced on that permit.

All applications for refunds shall be in writing and shall state the reasons for the request.

104.4. Conditions for Permit.

(a)All work performed under a permit shall conform to the approved application and plans, and approved amendments thereto, and all codes or ordinances governing the work or equipment for which the permit was issued. All work requiring a permit shall be performed by an individual, contractor, firm or corporation holding a valid business license in the City of Atlanta.

(b)One set of approved plans, specifications and computations 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 the work site at all times during which the work authorized thereby is in progress.

104.5. Expiration of Permit.

A permit for construction under which no work is commenced within six 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 may revoke a permit or approval, issued under the provisions of this code in conformity with section 106 in any case where there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based, or whenever any work done under said permit violates the provisions of any code applicable thereto or is done in violation of the approved plans or specifications on file in the bureau of buildings.

104.7. Posting of Permit.

A copy of the permit shall be kept on the premises for public inspection during the prosecution of the work and until the completion of the same.

104.8. Operating Permit.

After the prescribed tests and inspection indicate that the work complies in all respects with this Code, the director, bureau of buildings shall issue an operating permit authorizing use of the equipment.

SECTION 105 UNSAFE SYSTEMS OR EQUIPMENT

105.1. Removal of Service From Repair of Unsafe Equipment.

Systems or equipment covered by this code that may be found upon inspection to have become dangerous or unsafe shall be made safe and JOBNAME: No Job Name PAGE: 190 SESS: 2 OUTPUT: Fri Sep 20 12:44:50 2002 /first/pubdocs/mcc/2/10376_takes so certified by the director, bureau of buildings or shall be removed from service or the use of same discontinued.

105.2. Notice of Unsafe System or Equipment.

(a)Upon receipt of information that systems or pieces of equipment covered by this code are unsafe, the director, bureau of buildings shall make or cause to be made an inspection; and if it is found that an unsafe condition exists, he shall serve or cause to be personally served on the owner, or 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 the description of the particulars in which the systems or equipment are unsafe, and an order requiring the same to be made safe, as may be deemed necessary by the director, bureau of buildings.

(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 or equipment or discontinue the use of same, should fail within a reasonable time as set by the director, bureau of buildings to comply with the requirements thereof, the director, bureau of buildings shall advise the proper prosecuting authority of all the facts in the case, and shall institute an appropriate action in the courts to compel a compliance, and/or may cause the electrical power from elevator equipment to be disconnected to ensure safety, and/or may subject the holder of the operating permit to the provisions of Georgia laws regulating escalators and elevators, O.C.G.A. 102(C), authorizing the director to levy a civil penalty. This section shall be in addition to section 300-3-6-.09 and section 300-3-6-.10.

SECTION 106 VIOLATIONS

106.1. Notice Section.

(a)Whenever the director, bureau of buildings is satisfied that system 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, he shall serve a written notice or order 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.

(b)In case such notice or order is not promptly complied with, the director of the bureau of buildings 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 prevent the use of any systems or equipment, in violation of or not in compliance with 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.

(a)Whenever, in the opinion of the director, bureau of buildings, defective or illegal work in violation of a provision or requirements of this code is in progress, he shall order, in writing or otherwise, such work to be stopped, and may require suspension of all work until the condition in violation has been corrected.

(b)The director, bureau of buildings shall have authority, after due notice, to cut off electrical power to any elevator equipment which, in his opinion, is unsafe to life or property and to require discontinuance of the same until the elevator equipment is made safe in conformance with this code.

106.3. Penalties.

(a)Any person, firm or corporation who shall violate a provision of this code or fails to comply therewith or with any of the requirements thereof, in the City of Atlanta Municipal Court, shall be JOBNAME: No Job Name PAGE: 269 SESS: 2 OUTPUT: Wed Dec 21 14:32:35 2005 /first/pubdocs/mcc/2/10376_takes_tag_mcc_2_jlcramer assessed a fine of not less than $50.00 nor more than $500.00 and/or sentenced to no more than 60 days in jail. Where any offense continues from day to day, each day's continuance thereof shall be deemed a separate offense. This section shall be in addition to sections 300-6.09 and .10.

(b)The owner or lessee of a building, structure or premises, where anything in violation of this code shall be placed or shall exist, and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of such violations shall be guilty of a separate offense and upon conviction thereof shall be sentenced as provided in section 103.6(a).

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 of any elevator equipment nor shall anything preclude the City of Atlanta from proceeding to restrain, correct or abate a violation, or to prevent the use of any equipment, appliance or system covered by this Code.

SECTION 107 APPEALS

107.1. Procedure.

(a)Any person aggrieved by an order or an act of an inspector under this chapter may, within 15 days of notice thereof, appeal from such order or act to the Georgia Commissioner of Labor who shall, within 30 days thereafter, issue an appropriate order either approving or disapproving said order or act. A copy of such order by the Georgia Commissioner of Labor shall be given to all interested parties.

(b)This part, as it applies to the Georgia Commissioner of Labor and the Georgia Department of Labor, shall be governed by chapter 13 of title 50, the "Georgia Administrative Procedure Act." (Code 1977, § 8-2103; Ord. No. 2002-35, § 5, 5-28-02)

Secs. 8-2104—8-2140. Reserved.

ARTICLE D. PLUMBING*

§ 8-2141

Plumbing code adopted, incorporated by reference.

Sec. 8-2141. Plumbing code adopted, incorporated by reference.

The Georgia State Plumbing Code is hereby adopted as the code governing plumbing for the city, subject to amendment, which, in the event of conflict, shall supersede and take priority over the amended section. If an amendment is in conflict with only part of a section, it shall be construed as superseding only the part of the section with which it is in conflict. (Code 1977, § 8-2141)

Charter reference—Adoption of standard codes of technical regulations by reference, § 2-404.

Cross reference—Electrical code amendments, app. C. State law references—Constitutional authority to adopt technical code, Ga. Const. art. IX, § II, ¶ III(a)(12); minimum required standard, O.C.G.A. §§ 8-2-20(9)(B)(i)(III), 8-2-25(a).

§ 8-2142

Applications for plumbing installations must comply with zoning ordinance.

Sec. 8-2142. Applications for plumbing installations must comply with zoning ordinance.

Where applicable, applications for plumbing installations shall be first reviewed and approved for compliance with the zoning ordinance, and applications or installations which are not in compliance with the provisions of that ordinance shall not be approved or permitted. (Code 1977, § 8-2142)

Secs. 8-2143—8-2160. Reserved.

ARTICLE E. HEATING AND AIR CONDITIONING†

§ 8-2161

Heating and air conditioning code adopted, incorporated by reference.

Sec. 8-2161. Heating and air conditioning code adopted, incorporated by reference.

The Georgia State Heating and Air Conditioning Code a copy of which is attached hereto, is *Code of ordinances references—Water system, § 154-51 et seq.; sewage disposal, § 154-196 et seq.

State law reference—Minimum required standards, O.C.G.A. § 8-2-20 et seq.

†State law reference—Minimum required standards, O.C.G.A. § 8-2-20 et seq.

JOBNAME: No Job Name PAGE: 270 SESS: 2 OUTPUT: Wed Dec 21 14:32:35 2005 /first/pubdocs/mcc/2/10376_takes_tag_mcc_2_jlcramer hereby adopted as the code governing heating and air conditioning for the City of Atlanta, subject to the following amendments which, in the event of conflict, shall supersede and take priority over the amended section. If an amendment is in conflict with only part of a section, it shall be construed as superseding only the part of the section with which it is in conflict. (Code 1977, § 8-2161; Ord. No. 2005-57, § 1, 9-27-05)

Charter reference—Adoption of standard codes of technical regulations by reference, § 2-404.

Cross reference—Heating and air conditioning code amendments, app. D.

State law references—Constitutional authority to adopt technical code, Ga. Const. art. IX, § II, ¶ III(a)(12); minimum required standard, O.C.G.A. §§ 8-2-20(9)(B)(i)(III), 8-2-25(a).

Secs. 8-2162—8-2180. Reserved.

ARTICLE F. HOUSING* Division 1. Housing Code

§ 8-2181

Housing code adopted, incorporated by reference.

Sec. 8-2181. Housing code adopted, incorporated by reference.

The Atlanta Housing Code of 1980 is hereby revised and is ordained, enacted and adopted as a general ordinance of the city. Each of the sections and articles of that code is ordained, enacted and adopted as fully as though set out in full in this section. (Code 1977, § 8-2181)

Cross reference—Housing code text, app. E.

§ 8-2182

Barrier-free requirements.

Sec. 8-2182. Barrier-free requirements.

(a)Statement of Intent. The provisions of this section are specifically enacted to further the policy of the city to provide that new singlefamily, duplexes and triplexes which are constructed with public funds, as herein described, be provided with design features to provide accessibility and usability for physically disabled people. The purpose of this section is to specifically *Code of ordinances references—Hotels, lodginghouses and roominghouses, § 30-751 et seq.; FHA 221 housing, § 54-26 et seq.; urban homesteading program, § 54-56 et seq.; property to be maintained free of unhealthful conditions, including solid waste, junk, weeds and exterior storage, § 86-6.

promulgate certain standards which may be less restrictive than ANSI A117.1 while economically providing solutions to accessibility.

(b)Applicability. The following regulations shall be applicable to new single-family dwellings, duplexes, and triplexes which receive city assistance. For purposes of this section, "city assistance" shall mean funding or assistance from the city or any agency thereof, through any of the following means: (i) receipt of a building contract or similar contractual agreement involving any city-funded program or fund, including but not limited to the Urban Residential Finance Authority (URFA), the Housing Trust Fund, or similar programs; (ii) real estate purchased, leased or donated from the city or any agency thereof; (iii) receipt of preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages derived from the city or any agency thereof; (iv) dispersal under city auspices of any federal or state construction funds as CDBG; or (v) receipt of any other funding or financial benefit from the city or any agency thereof.

(c)Design Requirements. The following design requirements shall apply:

Requirement 1. Building entrances. Applicable dwelling units shall be designed and constructed to have at least one (1) building entrance on an accessible route served by a ramp complying with ANSI A117.1-1986, section 4.8, having a maximum slope not to exceed twelve (1:12), unless it is impractical to do so because of terrain or unusual characteristics of the site. Such building entrance doors shall comply with ANSI A117.1, 4.13, and shall have a minimum clear opening of 32 inches.

Any entrance at the front, side or back of the dwelling is acceptable as long as it is served by an accessible route such as a garage or sidewalk.

Requirement 2. Interior door criteria. All dwelling units, whether or not on an accessible route, shall be designed in such a manner that all the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by persons in wheelchairs. Lever hardware is required.

Doors, except those serving closets less than 15 square feet in area, within individual dwelling units intended for user passage must provide minimum 32" clear opening. A 2'-10" door or standard 6'-0" sliding patio door assembly is deemed sufficient to comply with this requirement; provided however, compliance with ANSI section 4.13.6 (Maneuvering Clearance at Doors) shall not be mandatory.

Requirement 3. Accessible routes into and through the dwelling unit. An accessible route shall be designed and constructed in such a manner that a 36" wide level route, except at doors, must be provided through the main floor of the unit with ramped or beveled changes at door thresholds.

Requirement 4. Wall reinforcement in bathrooms. Reinforcement in the walls shall be provided at designated locations as specified by ANSI A 117.1, section 4.24, section 4.32, figure 48 and figure 49 so that grab bars may be installed, if needed, at a later date without the necessity of removing portions of the existing wall.

Requirement 5. Light switches, electrical outlets, thermostats and other environmental controls. All applicable dwelling units shall be designed and constructed in such a manner that all premises contain light switches, electrical outlets, thermostats and other controls in accessible locations.

Controls shall meet the requirements of ANSI A117.1, section 4.25. Where multiple controls serve the same elements (e.g., two remote switches for a light) only one need be accessible.

(d)Contracts. The provisions of this section shall be incorporated in all city contracts.

(e)Waiver of Exterior Disability Accessibility Regulations. The requirements of subsection (c), requirement 1 (Building Entrances) herein may be waived by the commissioner of housing, through the issuance of an &Exterior Disability Accessibility Waiver& (&waiver&).

A person requesting said waiver shall file an application for disability accessibility waiver with the commissioner, including all documents necessary to prove the existence of the exemption standard herein. The application shall demonstrate that topographical conditions on the site render it impossible to comply with the provisions of subsection (c).

If the application so demonstrates, the commissioner shall issue an exterior disability accessibility waiver to the applicant, in writing, within ten days of receipt of a completed application, which shall become an official component of any issued contract. The commissioner shall retain a copy of said waiver in the department's official records, and shall also forward a copy of said waiver to the director, bureau of buildings at the time of issuance. (Code 1977, § 8-2182)

Code of ordinances reference—Human relations, ch. 94.

Secs. 8-2183—8-2200. Reserved.

ARTICLE G. INTERNATIONAL EXISTING BUILDING CODE

§ 8-2201

Adopted by reference.

Sec. 8-2201. Adopted by reference.

The International Existing Building Code, as amended from time to time, is hereby adopted as the code governing &existing buildings& in the City of Atlanta. (Ord. No. 2016-44(16-O-1604), § 1, 11-30-16)

Secs. 8-2202—8-2220. Reserved.

ARTICLE H. RESERVED

ARTICLE I. GAS CODE*

§ 8-2221

Adopted by reference.

Sec. 8-2221. Adopted by reference.

The Georgia State Gas Code, a copy of which is attached hereto, is hereby adopted as the code governing gas for the City of Atlanta, subject to the following amendments which in the event of conflict shall supersede and take priority over the amended section. If an amendment is in *State law reference—Minimum required standards, O.C.G.A. § 8-2-20 et seq.

conflict with only part of a section, it shall be construed as superseding only the part of the section with which it is in conflict. (Code 1977, § 8-2221)

Charter reference—Adoption of standard codes of technical regulations by reference, § 2-404.

Cross reference—Gas code amendments, app. F. State law references—Constitutional authority to adopt technical code, Ga. Const. art. IX, § II, ¶ III(a)(12); minimum required standard, O.C.G.A. §§ 8-2-20(9)(B)(i)(III), 8-2-25(a).

ARTICLE J. ENERGY AND WATER

§ 8-2222

Benchmarking requirements.

Sec. 8-2222. Benchmarking requirements.

(a)No later than April 1, 2015, and no later than every June 1 each year thereafter, each covered city property shall be benchmarked for the previous calendar year by the city department primarily responsible for the management of such property, in coordination with the department.

Exception: Benchmarking is not required for a covered city property:

(1)If the property does not have a certificate of occupancy or temporary certificate of occupancy for the entire calendar year being benchmarked, or

(2)If full demolition permit has been issued, provided that demolition work has commenced, some energy-related systems have been compromised or legal occupancy is no longer possible prior to June 1, or

(3)If the property does not receive utility services.

(b)No later than 90 days after the passage of this ordinance, and every June 1 thereafter, the owner of a covered non-city property shall benchmark such property for the previous calendar year.

Exception: Benchmarking is not required for a covered non-city property:

(1)If the property does not have a certificate of occupancy or temporary certificate of occupancy for the entire calendar year being benchmarked, or

(2)If a full demolition permit has been issued, provided that demolition work has commenced, some energy-related systems have been compromised or legal occupancy is no longer possible prior to June 1, or

(3)If more than 50 percent of the tenants in the covered non-city property are residential tenants and,

(i)The electric utility does not provide data aggregation services or,

(ii)The owner does not have access to master meters or other means. Once such services are available from the utility, as determined by the department, such buildings will no longer be exempt from benchmarking requirements, and such buildings shall file initial benchmarking reports in the year following such data availability according to the schedule established in this section, or

(4)If more than 50 percent of the tenants in the covered non-city property are lodging tenants, such as hotel or motel patrons, and,

(i)The electric utility does not provide data aggregation services or,

(5)If the property owner is not responsible for any part of the operations, maintenance or utility costs of base building systems, and the conditions of section 8-2222(b)(3)(i) or section 8-2222(b)(3)(ii) are applicable, or

(6)If the property qualifies as under financial hardship, or

(7)If the property does not receive utility services.

(c)The owner shall annually provide a benchmarking submission for each covered property to the department, in the electronic form of a portfolio manager data request report with information and metrics included as established by the department's rule, by the date specified in sections 8-2222(a) and (b).

(d)The department will make educational materials publicly available, which may include but are not limited to, how-to guides, public seminars, and third party assistance. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2223

Benchmarking data collection.

Sec. 8-2223. Benchmarking data collection.

(a)An owner shall enter data into the benchmarking tool in accordance with the following:

(1)Whenever possible, owners should benchmark their building(s) using wholeproperty utility data:

(i)Whole-property utility data can be obtained by receiving data from all tenants, from master meters, or from a utility company; or

(ii)If a utility company has made aggregated utility data available to owners prior to two months before the reporting date of that calendar year, then an owner must benchmark using whole-property utility data for that utility.

(2)When an owner does not have wholeproperty information sufficient to fulfill these requirements and has made a reasonable effort to obtain from a tenant the information required, but that information has not been received from that tenant, the owner shall not be relieved of their benchmarking obligations, and must complete benchmarking using such alternate values as established by the department. The department shall evaluate the quality of any alternate values and propose options that increase the quality of such values prior to December 31, 2015, and not less than once every ten years thereafter.

(Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2224

Notification of requirement to benchmark.

Sec. 8-2224. Notification of requirement to benchmark.

(a)Between January 1 and April 30 of each year that benchmarking requirements are in effect, the department shall notify owners of their obligation to benchmark for the previous calendar year, provided that the failure of the department to notify any such owner shall not affect the obligation of such owner to benchmark.

(b)By December 31 of each year that benchmarking requirements are in effect, the department shall publicly post on the internet a list of all covered properties that must provide a benchmarking submission to the department during the following year. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2225

Provision of benchmarking information to the property owner.

Sec. 8-2225. Provision of benchmarking information to the property owner.

(a)Each nonresidential tenant located in a covered property shall, to the best of their ability, within 30 days of a request by the owner and in a form to be determined by the department, provide all information that cannot otherwise be acquired by the owner and that is needed by the owner to comply with the requirements of this ordinance.

(b)If a tenant of a unit in a covered property fails to provide information to the owner, the owner shall be considered to have made reasonable effort and be in compliance if the owner proves that the owner has requested the tenant to provide necessary information for input into the benchmarking tool, providing the tenant 30 days to respond, and the owner has benchmarked the property, using all information otherwise available to the owner.

(c)When an owner receives notice that a tenant intends to vacate a unit or other space before reporting benchmarking information, the owner shall request information relating to said tenant's energy use and any other necessary data relevant to the owner's obligation to benchmark.

Correction of Inaccurate Information

(d)Where the current owner learns that any information reported in the benchmarking tool is inaccurate or incomplete, the information so reported shall be amended in the benchmarking tool by the owner and the owner shall submit an updated benchmarking report to the department within 60 days of learning of the inaccuracy. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2226

Benchmarking disclosure.

Sec. 8-2226. Benchmarking disclosure.

(a)The department shall electronically make available to the public the disclosed benchmarking information for the previous calendar year for all city covered properties and for covered non-city properties with an energy performance better than or equal to the national median as determined by an EPA Energy Star score greater than or equal to a score of 55. If there is no EPA Energy Star score for a covered property, an energy use intensity less than or equal to the national median established by the most recent Commercial Buildings Energy Consumption Survey or Residential Energy Consumption Survey of the Energy Information Administration. The department shall make available to the public and update annually the following information:

(1)Summary statistics of overall compliance;

(2)Annual non-financial summary statistics for each building, including energy and water consumption, weather-normalized energy and water use intensity, energy performance score, greenhouse gas emissions, and a comment field to add context to the reported values;

(3)A means of comparing benchmarking information across calendar years for any years such building was benchmarked.

(b)The department shall make public benchmarking data for covered properties according to the following schedule and illustrated in the following chart:

(1)Covered city properties by July 1, 2015 and September 1, 2016;

(2)Covered city properties and covered noncity properties by January 31st 2017, September 1st, 2017, and September 1st every year thereafter.

Covered Property City Type Property Date of April 2015 first benchmark-ing submission due Date of July 2015 first benchmark-ing disclosure Covered Non-City Property, 50,000 sq.

ft.+ 90 days after pas-sage January 2017 Covered Non-City Property, 25,000 sq.

ft.+ June 2017 September 2017

(Ord. No. 2015-16(15-O-1101), § 2, 4-21-15; Ord. No. 2016-06(16-O-1094), § 1, 3-30-16)

§ 8-2227

Energy and water audit required.

Sec. 8-2227. Energy and water audit required.

(a)The owner of a covered property shall ensure that an audit is performed on the base building systems of such property, an audit report is generated, and a summary audit report is filed with the department. An audit shall be performed by or under the supervision of an energy auditor and shall be performed in accordance with rules promulgated by the department. The audit process shall cover the base building systems and shall identify at a minimum all items defined in the audit report.

Exceptions: No audit is required if the owner demonstrates that a property qualifies for one or more exceptions under section 8-2222(b) or complies with one of the following as certified by a registered design professional:

(1)The covered property has received an EPA Energy Star certification from the EPA for at least two of the three years preceding the due date of the property's summary audit report.

(2)There is no EPA Energy Star rating for the building type and a registered design professional submits documentation, as specified in rules promulgated by the department, that the property's energy performance is 25 or more percentage points better than the performance of an average building of its type over a twoyear period within the three-year period prior to the due date for the property's summary audit report consistent with the methodology of the most recent Leadership in Energy and Environmental Design (LEED) for Existing Buildings: Operation and Maintenance rating system published by the United States Green Building Council (USGBC) or other rating system or methodology for existing buildings, as determined by the department.

(3)The covered property has improved its EPA Energy Star score by 15 points or the property's weather-normalized source energy use intensity has been reduced by 15 percent within the five years preceding the filing of the property's summary audit report.

(4)The covered property has achieved or maintained the most recent LEED for Existing Buildings: Operations and Maintenance certification for at least two of the three years preceding the due date of the property's summary audit report.

(b)For properties qualifying for exceptions under section 8-2227(a), the owner shall file documentation, in such form and with such certifications as required by the department, with the department in the year prior to the due date for the summary audit report, establishing that the property qualifies for such an exemption. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2228

Due dates for summary audit reports.

Sec. 8-2228. Due dates for summary audit reports.

(a)The owner of a covered property shall file a summary audit report for such property every ten years. The first summary audit report for covered properties shall be due, beginning with calendar year 2016, no later than December 31, in the calendar year with a final digit that is the same as the last digit of the property's Atlanta Building identification number, and every tenth calendar year thereafter, as illustrated in the following chart:

Last digit of Atlanta Building ID number Year first summary audit report is due 0 2000 1 2001 2 2002 3 2003 4 2004 5 2005 6 2006 7 2007 8 2008 9 2009 Exceptions:

(1)An owner may apply for an extension of time to file a summary audit report if despite such owner's good faith efforts, to be documented in such application, the owner is unable to complete the required audit prior to the scheduled due date for such report. The department may grant no more than two such extensions of no more than one year each. Extensions granted pursuant to this provision shall not extend the scheduled due dates for subsequent summary audit reports.

(2)An owner may receive annual extensions of time to file a summary audit report based on financial hardship of the property, regardless of building occupancy levels. Properties with less than 50 percent of the rentable floor area leased or occupied may apply for an additional annual extension, not to exceed three such extensions. A substantial decrease in the quantity of no-cost/reduced-cost audits available to the market, as determined by the department, shall also qualify owners for an additional annual extension, not to exceed three such extensions, and to be documented in such application. Extensions granted pursuant to this provision shall not extend the scheduled due dates for subsequent summary audit reports.

(3)An owner of a building converted from State of Georgia Property Code Class I to Class C, E, P, or V will receive an Atlanta Building ID number such that the first summary audit report is due no sooner than five years from the year of conversion.

(4)Other due date exceptions pursuant to section 8-2231.

(b)Owners of covered non-city properties that are less than ten years old when the first summary audit report would otherwise be due, or that have undergone substantial improvements, as certified by a registered design professional, and in which base building systems of such property were commissioned upon installation, within the ten-year period prior to any calendar year in which a summary audit report is due, such that at the commencement of such calendar year all of the base building systems of such property are in compliance with the city energy code in existence at the time this ordinance takes effect (see City of Atlanta Code of Ordinances Part III, section 8-2 and associated appendices), may defer submitting a summary audit report for such property until the tenth calendar year after such assigned calendar year.

(c)A randomly-selected subset of audit reports not to exceed ten percent of the total audit reports completed in a given year may be subject to third-party review of report documents. Such reviews shall be conducted in a way so as to preserve the anonymity of individual properties and shall be conducted at no cost to the property owner. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2229

Retro-commissioning optional.

Sec. 8-2229. Retro-commissioning optional.

(a)This section is currently optional. Owners electing to comply with this section should adhere to the following requirements. Retro-commissioning, proven to be a key component of a comprehensive energy policy, may be revisited at a future date. The owner of a covered property shall ensure that retro-commissioning is performed on the base building systems of such property prior to filing a summary retrocommissioning report. Retro-commissioning shall be performed by or under the supervision of a retro-commissioning professional in accordance with the rules in this section. Such rules, at a minimum, shall ensure that sufficient analysis, corrections and testing have been done so that the base building systems achieve optimal performance.

Exceptions:

(1)Retro-commissioning is not required if the owner demonstrates that a property qualifies for one or more exceptions under section 8-2222(b).

(2)Retro-commissioning is not required if the covered property has received an EPA Energy Star certification from the EPA for at least two of the three years preceding the due date of the property's summary retro-commissioning report.

(3)Retro-commissioning is not required if there is no EPA Energy Star rating for the building type and a registered design professional submits documentation, as specified in rules promulgated by the department, that the property's energy performance is 25 or more percentage points better than the performance of an average building of its type over a twoyear period within the three-year period prior to the due date for the property's summary retro-commissioning report consistent with the methodology of the most recent Leadership in Energy and Environmental Design (LEED) for Existing Buildings: Operation and Maintenance rating system published by the United States Green Building Council (USGBC) or other rating system or methodology for existing buildings, as determined by the department.

(4)Retro-commissioning is not required if the covered property has received certification under the most recent Leadership in Energy and Environmental Design (LEED) for Existing Buildings: Operation and Maintenance rating system published by the USGBC or other rating system for existing buildings, as determined by the department, within two years prior to the filing of the property's summary retro-commissioning report and earned the LEED point for Existing Building Commissioning investigation and analysis and the LEED point for Existing Building Commissioning implementation.

(5)Retro-commissioning is not required if the covered property is subject to ongoing commissioning, provided the property owner attests to compliance with all criteria set forth in the rules promulgated by the department. Ongoing commission-ing may be performed by qualified onsite staff so long as other compliance criteria are met.

(6)Retro-commissioning is not required for properties with less than 50 percent of the rentable floor area leased or occupied.

(7)A retro-commissioning measure is not required if such retro-commissioning measure would necessitate a building permit other than an electrical permit.

(8)A retro-commissioning measure is not required if such retro-commissioning measure would result in a simple payback of more than two years.

For properties qualifying for exceptions in section 8-2229(a)(1) through (a)(6), the owner shall file documentation, in such form and with such certifications as required by the department, with the department in the year prior to the due date for the summary retro-commissioning report, establishing that the property qualifies for such an exemption.

(b)The retro-commissioning rules ensure that the base building systems have undergone sufficient analysis, corrections and testing to meet the following criteria demonstrating efficient operation.

(1)Operating protocols, calibration, and sequencing:

a.HVAC temperature and humidity set points and setbacks are appropriate and operating schedules reflect major space occupancy patterns and the current facility requirements.

b.HVAC sensors are properly calibrated for current facility requirements.

c.HVAC controls are functioning and control sequences are appropriate for current facility requirements.

d.Loads are distributed equally across equipment when appropriate (i.e., fans, boilers, pumps, etc., that run in parallel).

e.Minimum ventilation rates are appropriate for current facility requirements.

f.System automatic reset functions are functioning appropriately, if applicable.

g.Static pressure controls are appropriate set, if applicable.

h.System pressure controls are appropriately optimized, if applicable.

i.Adjustments have been made to compensate for oversized or undersized equipment so that said equipment is functioning as efficiently as possible, ensuring that overheating or overcooling does not occur and that minimum variable air volume positions are appropriately set, if applicable.

j.HVAC system economizer controls are properly functioning, if applicable.

k.HVAC distribution systems, both air and water, are verified as appropriately balanced, with the exception of tenant-owned systems.

l.Exhaust ventilation systems do not have leakage gaps at the connection to the intake registers or at the connections to the roof exhaust vents.

m.Lighting sensors and controls are functioning properly according to occupancy, schedule, and/or available daylight, where applicable.

n.Domestic hot water systems have been checked to ensure proper temperature settings.

o.Domestic water pumps are functioning as designed.

p.System and fixture water leaks have been identified and repaired.

(2)Maintenance:

a.Review and comment on routine maintenance practices.

(3)Training and documentation:

a.Critical operations and maintenance staff receive or confirm appropriate training during the commissioning effort on all major equipment and systems and general energy and water conservation techniques.

b.Operational and maintenance record keeping procedures (log books, computer maintenance records, facility manuals, etc.) have been implemented.

c.The following documentation is onsite and accessible to the operators: the operations and maintenance manuals, if such manuals are still available from the manufacturer; the maintenance contracts, and; the most recent retro-commissioning report.

(Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2230

Due dates for summary retrocommissioning reports.

Sec. 8-2230. Due dates for summary retrocommissioning reports.

(a)This section is currently optional. Owners electing to comply with this section should adhere to the following requirements. Retro-commissioning, proven to be a key component of a comprehensive energy policy, may be revisited at a future date. The owner of a covered property shall file a summary retro-commissioning report for such property every ten years. The first summary retro-commissioning report for covered properties shall be due, beginning with calendar year 2016, no later than December 31, in the calendar year with a final digit that is the same as the last digit of the property's Atlanta Building identification number, and every tenth calendar year thereafter, as illustrated in the following chart:

Last digit of Atlanta Building ID number 0 1 2 3 4 5 6 7 8 9 Year first 2000 2001 2002 2003 2004 2005 2006 2007 208 2009 summary retro-commissioning report is due Exceptions:

(1)An owner may apply for an extension of time to file a summary retro-commissioning report if despite such owner's good faith efforts, to be documented in such application, the owner is unable to complete the required retro-commissioning prior to the scheduled due date for such report. The department may grant no more than two such extensions of no more than one year each. Extensions granted pursuant to this provision shall not extend the scheduled due dates for subsequent summary retro-commissioning reports.

(2)An owner may receive annual extensions of time to file a summary retro-commissioning report based on financial hardship of the property.

(3)An owner of a building converted from State of Georgia Property Code Class I to Class C, E, P, or V will receive an Atlanta Building ID number such that the first summary retro-commissioning report is due no sooner than five years from the year of conversion.

(4)Other due date exceptions pursuant to section 8-2231.

(b)The owner of a covered non-city property that is less than ten years old when the first summary retro-commissioning report would otherwise be due, or that has undergone substantial improvements, as certified by a registered design professional, and in which base building systems of such property were commissioned upon installation, within the tenyear period prior to any calendar year in which a summary retro-commissioning report is due, such that at the commencement of such calendar year all of the base building systems of such property are in compliance with the city energy code in existence at the time this ordinance takes effect (see City of Atlanta Code of Ordinances Part III, section 8-2 and associated appendices), may defer submitting a summary retro-commissioning report for such property until the tenth calendar year after such assigned calendar year. These exemptions do not apply to covered city properties. A summary retro-commissioning report for a covered city property constructed after the effective date of this ordinance shall be due within ten years after the issuance of the first certificate of occupancy for such property. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2231

Compliance window.

Sec. 8-2231. Compliance window.

(a)Notwithstanding any other provision of this ordinance, an owner may submit a summary audit or retro-commissioning report prior to the compliance schedule set forth in section 8-2228 and section 8-2230. An owner may submit a summary audit or retro-commissioning report no more than nine years prior to each due date for a summary audit. A summary audit or retrocommissioning report may be submitted no less than five years and no more than 15 years after any previously submitted summary audit or retro-commissioning report.

(b)Notwithstanding any other provision of this ordinance, an owner may submit a summary energy audit or retro-commissioning report in the calendar year commencing January 1, 2016 and ending December 31, 2016, in order to achieve early compliance with section 8-2227 and section 8-2229. A summary energy audit or retro-commissioning report shall be acceptable for compliance if the audit or retro-commissioning activity was completed after January 1, 2010. Such reports must comply with the requirements set forth in section 8-2227 and section 8-2229 and include the address of the building, completion of the audit or retro-commissioning, and the signature and credentials of the registered design professional performing or supervising the performance of the audit or retro-commissioning team. A summary energy audit or retrocommissioning report meeting these criteria submitted for early compliance shall be deemed to satisfy the first required energy audit or retro-commissioning report as assigned in section 8-2228 and section 8-2230. The next required energy audit or retro-commissioning report shall be due in the tenth calendar year after the first assigned due date for such report. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2232

Combined audit and retrocommissioning.

Sec. 8-2232. Combined audit and retrocommissioning.

(a)Nothing in Article J shall prevent an owner from performing an energy audit and retro-commissioning in a combined process, provided that all the requirements applicable to Article J are met. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2233

Maintenance of records of benchmarking and audits.

Sec. 8-2233. Maintenance of records of benchmarking and audits.

(a)Building owners shall maintain records as the department determines is necessary for carrying out the purposes of section 8-2222, including but not limited to the energy and water bills and reports or forms received from tenants and/or utilities. Such records shall be preserved for a period of three years. At the request of the department, such records shall be made available for inspection and audit by the department.

(b)Owners shall maintain a copy of the audit or retro-commissioning report and summary audit or retro-commissioning report on site for a minimum of 11 years from the required submission date. At the request of the department, such reports shall be made available for inspection. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2234

Notification by the city of auditing requirements.

Sec. 8-2234. Notification by the city of auditing requirements.

(a)The department shall notify the owner of the requirements of this ordinance three years prior to the calendar year in which the covered property's summary audit report is due and in the calendar year prior to the calendar year in which such report is due for reports due in 2019 and beyond. Such notification may occur electronically via a posting to the department website and failure to provide such notification shall not relieve the property owner of the requirement to comply with section 8-2227. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2235

Rules.

Sec. 8-2235. Rules.

The department shall promulgate such rules necessary to carry out the provisions of this article. If the department finds it necessary to issue new rules beyond those called for in this article or to amend this article, such rules must be presented to a working group of affected parties and relevant stakeholders. This group will be formed within 90 days of the passage of this ordinance and prior to amending the ordinance and will consist of no more than ten members and two ad hoc appointees. The department may require separate fees for filing and review of applications and reports filed pursuant to this ordinance. The department may also allow for the use of new and/or improved energy auditing technologies, including software monitoring and interval metering, as such technologies become available. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15; Ord. No. 2016-06(16-O-1094), § 2, 3-30-16)

§ 8-2236

Severability.

Sec. 8-2236. Severability.

(a)If any section, subsection, sentence, clause, phrase, or other portion of this ordinance is for any reason declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this ordinance, which shall continue in full force and effect. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)

§ 8-2237

Timing.

Sec. 8-2237. Timing.

(a)This law shall take effect immediately. (Ord. No. 2015-16(15-O-1101), § 2, 4-21-15)