LandCode
FayettevilleUnified Development Ordinance (UDO)

Chapter 500 — Building Construction

current as of 2026-03-05currency checked manuallyOfficialofficial source21 sections · full chapter
§ 501.1

Purpose.

Sec. 501.1. Purpose.

The purpose of this chapter is to provide for the adoption, administration and enforcement of the Georgia State Minimum Standard Codes for Construction as adopted and amended by the Georgia Department of Community Affairs (DCA) and as may further be amended herein. Hereinafter, the State Minimum Standard Codes for Construction as set forth hereinafter are hereby adopted, as amended, and shall be referred to as “the construction codes”.

§ 501.2

Violations and penalties.

Sec. 501.2. Violations and penalties.

Any person, firm, corporation, or agent who shall violate a provision of the construction codes, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish, or move any structure, electrical, gas, mechanical, or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, electrical, gas, mechanical, or plumbing system, in violation of a detailed statement or drawing submitted and permitted thereunder, shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this UDO is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws.

§ 501.3

State minimum standards adopted.

Sec. 501.3. State minimum standards adopted.

A.Adopted codes.
1.The following codes, as adopted by DCA, are adopted by reference as ordinances of the city as fully as though set out at length herein. Copies of the codes listed below shall be maintained on file in the Building Department where they shall be available for inspection by the public:
a.International Building Code (IBC).
b.International Residential Code (IRC).
c.International Fire Code (IFC).
d.International Plumbing Code (IPC).
e.International Mechanical Code (IMC).
f.International Fuel Gas Code (IFGC).
g.National Electrical Code (NEC).
h.International Energy Conservation Code (IECC).
i.International Swimming Pool and Spa Code (ISPSC).
j.International Existing Building Code (IEBC).
k.International Property Maintenance Code (IPMC).
2.The codes identified above mean such codes as they are currently adopted by DCA, provided that any such code may hereafter be amended or revised as provided in O.C.G.A. § 8-2-23(a).
B.Georgia accessibility code compliance.

In addition to the regulations of the UDO, the Georgia Accessibility Code for buildings and facilities shall also apply. In the case of conflict between the UDO and the Georgia Accessibility Code, the more stringent provisions will govern.

C.Life Safety Code.

In addition to the regulations of the UDO, the Life Safety Code (NFPA 101) for buildings and facilities shall also apply. In the case of conflict between the UDO and the Life Safety Code, the more stringent provisions will govern.

D.Rules & Regulations for the Georgia State Minimum Fire Safety Standards 120-3-3.

In addition to the regulations of the UDO, the Rules & Regulations for the Georgia State Minimum Fire Safety Standards 120-3-3 for buildings and facilities shall also apply. In the case of conflict between the UDO and the Georgia State Minimum Standards Currently Adopted, the more stringent provisions will govern.

§ 501.4

References to officials in adopted technical codes.

Sec. 501.4. References to officials in adopted technical codes.

Where reference is made to the duties of certain officials named within the technical codes which are adopted by reference in this chapter, then that designated official of the city, who has duties corresponding to those of the named official in said technical code, shall be deemed to be the responsible official insofar as enforcing the provisions of that technical code are concerned.

§ 501.5

Code remedial.

Sec. 501.5. Code remedial.

A.Generally.

These construction codes are hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards attributed to the built environment including alteration, repair, removal, demolition, use, and occupancy of buildings, structures, or premises, and by regulating the installation and maintenance of all electrical, gas, mechanical, and plumbing systems, which may be referred to as service systems.

B.Quality control.

Quality control of materials and workmanship is not within the purview of the construction codes except as it relates to the purposes stated therein.

C.Permitting and inspection.

The inspection or permitting of any building, system or plan, under the requirements of construction codes, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. The city, nor any employee thereof, shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting.

Sec. 501.6. - 9. Reserved.

CHAPTER 500 - BUILDINGS AND CONSTRUCTION 419 DIVISION 2. CONSTRUCTION CODES.

§ 501.10

Scope.

Sec. 501.10. Scope.

A.Applicability.

Where, in any specific case, different sections of these construction codes specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

1.Building.

The provisions of the International Building Code, as adopted and amended by DCA, shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal, and demolition, of every building or structure or any appurtenances connected or attached to such buildings or structures, except in one-family and two-family dwellings.

2.Electrical.

The provisions of the National Electrical Code, as adopted and amended by DCA, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances thereto.

3.Gas.

The provisions of the International Fuel Gas Code, as adopted and amended by DCA, shall apply to the installation of consumer’s gas piping, gas appliances, and related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories, except in one-family and two-family dwellings.

4.Mechanical.

The provisions of the International Mechanical Code, as adopted and amended by DCA, shall apply to the installation of mechanical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy related systems; except in one -family and two-family dwellings.

5.Plumbing.

The provisions of the International Plumbing Code, as adopted and amended by DCA, shall apply to every plumbing installation, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances, and when connected to a water or sewerage system.

a.Local Amendment to Georgia State Minimum Plumbing Code as it relates to Water Efficiency (as adopted September 21, 2023).
i.Chapter 2, Section 202 General Definitions. Add in alphabetical order and revise, as applicable, the following definitions:
a)Kitchen faucet or kitchen faucet replacement aerator. A kitchen faucet or kitchen faucet replacement aerator that allows a flow of no more than 1.82.0 gallons of water per minute at a pressure of 60 pounds per square inch and conforms to the applicable requirements in ASME A112.18.1/CSA B125.1.
b)Lavatory faucet or lavatory faucet replacement aerator. A lavatory faucet or lavatory faucet replacement aerator that allows a flow of no more than 1.25 gallons per minute at a pressure of 60 pounds per square inch and is listed to the WaterSense High Efficiency Lavatory Faucet Specification.
c)Landscape irrigation.

Flow sensor. An inline device in a landscape irrigation system that produces a repeatable signal proportional to flow rate.

Lawn or Landscape Irrigation system. An assembly of component parts that is permanently installed for the controlled distribution of water to irrigate landscapes such as ground cover, trees, shrubs, and other plants. Lawn and Landscape Irrigation System refer to the same system.

Master shut-off valve. An automatic valve such as a gate valve, ball valve, or butterfly valve) installed as part of the landscape irrigation system capable of being automatically closed by the WaterSense controller. When this valve is closed water will not be supplied to the landscape irrigation system.

Pressure regulating device. A device designed to maintain pressure within the landscape irrigation system at the manufacturer’s recommended operating pressure and that protects against sudden spikes or drops from the water source.

Rain sensor shut-off. An electric device that detects and measures rainfall amounts and overrides the cycle of a landscape irrigation system so as to turn off such system when a predetermined amount of rain has fallen.

WaterSense irrigation controller. Is a weather-based or soil moisture-based irrigation controllers labeled under the U.S. Environmental Protection Agency’s WaterSense program, which includes standalone controllers, add-on devices, and plug-in devices that use current weather data as a basis for scheduling irrigation.

PLUMBING FIXTURE OR FIXTURE FITTING MAXIMUM FLOW RATE OR QUANTITY Lavatory faucet and replacement aerators, private WaterSense Labels & 1.25 gpm at 60 psif Lavatory faucet, public (metering) 0.25 gallon per metering cycle Lavatory, public 0.5 gpm at 60 psi (other than metering)

Showerhead a WaterSense Labels & 1.25 2.0 gpm at 80 psif Kitchen Sink faucet and replacement aerators 1.8 gpm at 60 psif, g Urinal 0.5 gallon per flushing cyclef Water closet 1.28 gallons per flushing cyclec, d, e, f WaterSense spray sprinkler bodies. A sprinkler body with integral pressure regulation, generating optimal water spray and coverage labeled under the U.S. Environmental Protection Agency’s WaterSense program.

Shower head. A shower head that allows a flow of no more than the average of 2.05 gallons of water per minute at 860 pounds per square inch of pressure, and is listed in the WaterSense Specification for Showerheads, and meets the US Department Definition of Energy definition of showerhead.

ii.Chapter 6, Section 604.4 Maximum Flow and Water Consumption.

CHAPTER 500 - BUILDINGS AND CONSTRUCTION 421

a.Revise Section 604.4 to read as follows:

Consistent with the general approach taken in Georgia, these Maximum Flow and Water Consumption requirements and related definitions in Section 604.4 of the plumbing code shall apply to all plumbing systems, including those in one- and two-family dwellings. The maximum water consumption flow rates and quantities for all plumbing fixtures and fixture fittings shall be in accordance with Table 604.4.

b.Exceptions:
1)Blowout design water closets having a water consumption not greater than 3.5 gallons (13 L) per flushing cycle.
2)Vegetable sprays.
3)Clinical sinks having a water consumption not greater than 4.5 gallons (17 L) per flushing cycle.
4)Laundry tray sinks and , service sinks.
5)Emergency showers and eye wash stations.
TABLE 604.4
MAXIMUM FLOW RATES AND CONSUMPTION FOR
PLUMBING FIXTURES AND FIXTURE FITTINGS

For SI: 1 gallon = 3.785 L, 1 gallon per minute = 3.785 L/m, 1 pound per square inch = 6.895 kPa.

1)A hand-held shower spray is a shower head. As point of clarification, multiple shower heads may be installed in a single shower enclosure so long as each shower head individually meets the maximum flow rate, the WaterSense requirements, and the US Department of Energy definition of showerhead. However, multiple shower heads are not recommended for water efficiency purposes.
2)Consumption tolerances shall be determined from referenced standards.
3)For flushometer valves and flushometer tanks, the average flush volume shall not exceed 1.28 gallons.
4)For single flush water closets, including gravity, pressure assisted and electro-hydraulic tank types, the average flush volume shall not exceed 1.28 gallons.
5)For dual flush water closets, the average flush volume of two reduced flushes and one full flush shall not exceed 1.28 gallons.
6)See 2014 GA Amendment to Section 313.1.2 'Waiver from requirements of high efficiency plumbing fixtures’.

Kitchen faucets are permitted to temporarily increase the flow above the maximum rate, but not to exceed 2.2 gpm (8.3 L/m) at 60 psi (414 kPa) and must revert to a maximum flow rate of 1.8 gpm (6.8 L/m) at 60 psi (414 kPa) upon valve closure.

604.4.1 Clothes Washers.

Residential clothes washers shall be in accordance with the Energy Star program requirements.

604.4.2 Cooling Tower Water Efficiency.
604.4.2.1 Once-Through Cooling.

Once-through cooling using potable water is prohibited.

604.4.2.2 Cooling Towers and Evaporative Coolers.

Cooling towers and evaporative coolers shall be equipped with makeup water and blow down meters, conductivity controllers and overflow alarms. Cooling towers shall be equipped with efficiency drift eliminators that achieve drift reduction to 0.002 percent of the circulated water volume for counterflow towers and 0.005 percent for crossflow towers.

604.4.2.3 Cooling Tower Makeup Water.

Water used for air conditioning, cooling towers shall not be discharged where the hardness of the basin water is less than 1500 mg/L. Exception: Where any of the following conditions of the basin water are present: total suspended solids exceed 25 ppm, CaCO3 exceeds 600 ppm, chlorides exceed 250 ppm, sulfates exceed 250 ppm, or silica exceeds 150 ppm.

604.4.3 Landscape Irrigation System Efficiency Requirements.

The requirements in Section 604.4.3 apply to all new landscape irrigation systems connected to the public water system except those (a) used for agricultural operations as defined in the Official Code of Georgia Section 1-3-3, (b) used for golf courses, and (c) dependent upon a nonpublic water source. Nothing in this Code or this Section 604.4.3 is intended to require that landscape irrigation systems must be installed at all premises. The landscape irrigation efficiency requirements in this Section 604.4.3 apply only when someone voluntarily chooses, or is otherwise required by some requirement beyond this Code, to install a landscape irrigation system on premises.

604.4.3.1 Avoiding Water Waste Through Design.
1.All new landscape irrigation systems shall adhere to the following design standards:
2.Pop-up type sprinkler heads shall pop-up to a height above vegetation level of not less than four (4)

inches above the soil level when emitting water.

3.Pop-up spray heads or rotary sprinkler heads must direct flow away from any adjacent surfaces and must not be installed closer than four inches from impervious surfaces.
4.Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or by other means that produces no overspray or runoff.
5.Narrow or irregular shaped landscaped areas, less than four (4) feet in any direction across opposing boundaries shall not be irrigated by any irrigation emission device except sub-surface or low flow emitters with flow rates not to exceed 6.3 gallons per hour.
604.4.3.2 Landscape Irrigation System Required Components.

All new landscape irrigation systems shall include the following components:

1.A rain sensor shut-off installed in an area that is unobstructed by trees, roof over hangs, or anything else that might block rain from triggering the rain sensor shutoff.
2.A master shut-off valve for each controller installed as close as possible to the point of connection of the water but downstream of the backflow prevention assembly.
3.Pressure-regulating devices such as valve pressure regulators, sprinkler head pressure regulators, inline pressure regulators, WaterSense spray sprinkler bodies, or other devices shall be installed as needed to achieve the manufacturer’s recommended pressure range at the emission devices for optimal performance.
4.Except for landscape irrigation systems serving a single-family home, all other systems must also include:
a.a WaterSense irrigation controller; and
b.at least one flow sensor, which must be installed at or near the supply point of the landscape CHAPTER 500 - BUILDINGS AND CONSTRUCTION 423 irrigation system and shall interface with the control system, that when connected to the WaterSense controller will detect and report high flow conditions to such controller and automatically shut master valves. The flow sensor serves to aid in detecting leaks or abnormal flow conditions by suspending irrigation. High flow conditions should be consistent with manufacturers’ recommendations and specifications.

Chapter 13 NONPOTABLE WATER SYSTEMS Section 1304 Reclaimed Water Systems.

Revise Section 1304.3.2 to read as follows:
1304.3.2 Connections to water supply.

Reclaimed water provided from a reclaimed wastewater treatment system facility permitted by the Environmental Protection Division may be used to supply water closets, urinals, trap primers for floor drains and floor sinks, water features and other uses approved by the Authority Having Jurisdiction, in motels, hotels, apartment and condominium buildings, and commercial, industrial, and institutional buildings, where the individual guest or occupant does not have access to plumbing. Also, other systems that may use a lesser quality of water than potable water such as water chillers, carwashes or an industrial process may be supplied with reclaimed water provided from a reclaimed wastewater treatment facility permitted by the Environmental Protection Division. The use of reclaimed water sourced from any new private reclaimed wastewater treatment system for outdoor irrigation shall be limited to golf courses and agriculture operations as defined in the Official Code of Georgia Section 1-3-3, and such reclaimed water shall not be approved for use for irrigating any other outdoor landscape such as ground cover, tree, shrubs, or other plants. These limitations do not apply to reclaimed water sourced from existing private reclaimed water systems or from existing or new, governmentally-owned reclaimed wastewater treatment systems.

Appendix E, Section E101.1.2.

Revise Section E.101.1.2 to read as follows:

Because of the variable conditions encountered in hydraulic design, it is impractical to specify definite and detailed rules for sizing of the water piping system. Accordingly, other sizing or design methods conforming to good engineering practice standards are acceptable alternatives to those presented herein. Without limiting the foregoing, such acceptable design methods may include for multi-family buildings the Peak Water Demand Calculator from the IAPMO/ANSI 2020 Water Efficiency and Sanitation Standard for the Built Environment, which accounts for the demands of water-conserving plumbing fixtures, fixture fittings, and appliances. If future versions of the Peak Water Demand Calculator including other building types, such as commercial, such updated version shall be an acceptable design method.

6.Fire prevention.

The City of Fayetteville shall enforce the rules and regulations of the Safety Fire Commissioner entitled, “Rules and Regulations for the State Minimum Fire Safety Standards”, promulgated to establish the State’s minimum fire safety standards as specified in the Official Code of Georgia Annotated, (O.C.G.A.) Section 25-2-4.

The provisions of the International Fire Code, as adopted and amended by DCA, shall apply to the construction, alteration, repair, equipment, use and occupancy, location, and maintenance, of every building or structure or any appurtenances connected or attached to such buildings or structures.

7.Life safety.

The provisions of the Life Safety Code, as adopted by the City of Fayetteville, address those construction, protection, and occupancy features necessary to minimize danger to life from the effects of fire, including smoke, heat, and toxic gases created during a fire.

8.Energy.

The provisions of the International Energy Conservation Code, as adopted and amended by DCA, shall regulate the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical, service water heating, and illumination systems and equipment that will enable the effective use of energy in new building construction.

9.One- and two-family dwellings.

The provisions of the International Residential Code for One- and Two-Family Dwellings, as adopted and amended by DCA, shall apply to the construction, alteration, repair, equipment, use and occupancy, location, and maintenance, of everyone- or two-family dwelling or any appurtenances connected or attached to such buildings or structures.

10.International Property Maintenance Code.

The provisions of this code provide code enforcement personnel with the necessary tools to have dangerous and unsafe buildings repaired or demolished.

B.Federal and state authority.

The provisions of the construction codes shall not be held to deprive any federal or state agency, or any applicable governing authority having jurisdiction, of any power or authority which it had on the effective date of the adoption of the construction codes or of any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law.

C.Referenced standards.

Standards referenced in the text of the construction codes shall be considered an integral part of the construction codes. If specific portions of a standard are denoted by code text, only those portions of the standard shall be enforced. Where construction code provisions conflict with a standard, the construction code provisions shall be enforced. Permissive and advisory provisions in a standard shall not be construed as mandatory.

D.Maintenance.

All buildings, structures, electrical, gas, mechanical, and plumbing systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards, which are required by the construction codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, and plumbing systems.

Sec. 501.11. - 14. Reserved.

CHAPTER 500 - BUILDINGS AND CONSTRUCTION 425 DIVISION 3. ADMINISTRATION AND ENFORCEMENT.

§ 501.15

Building Department.

Sec. 501.15. Building Department.

A.Established.

There is hereby established a department to be called the Building Department and the person in charge shall be known as the Building Official. The Mayor and City Council shall establish the qualifications for the Building Official. The duties of the department may be contracted out in full to a third-party entity.

B.Restrictions on employees.

Any officer or employee connected with the department shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless they are the owner of such. This officer or employee shall not engage in any other work, which is inconsistent with their duties or conflict with the interests of the department.

C.Records.

The Building Official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection pursuant to the provisions of the Georgia Open Records Act.

D.Liability.

Any officer or employee charged with the enforcement of the construction codes, acting for the applicable governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of the construction codes shall be defended by the governing jurisdiction until the final termination of the proceedings.

E.Reports.

The Building Official shall submit a report each year covering the work of the Building Department during the preceding year.

§ 501.16

Building Official.

Sec. 501.16. Building Official.

A.Generally.

The Building Official is hereby authorized and directed to enforce the provisions of the construction codes. Copies of the adopted construction codes will be maintained by the Building Official, and may be viewed by the public upon request. The Building Official is further authorized to render interpretations of the construction codes, which are consistent with its intent and purpose. The city may contract with a third party to provide the duties of the Building Official.

B.Right of entry.
1.Whenever necessary to make an inspection to enforce any of the provisions of the construction codes, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical, or plumbing systems unsafe, dangerous, or hazardous, the Building Official may enter such building, structure, or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by these construction codes, provided that if such building or premises is occupied, they shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry.
2.When the Building Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having the charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to the construction codes.
C.Stop work orders.

Upon notice from the Building Official, work on any building, structure, electrical, gas, mechanical, or plumbing system that is being done contrary to the provisions of the construction codes or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work.

D.Requirements not covered by code.

Any requirements necessary for the strength, stability, or proper operation of an existing or proposed building, structure, electrical, gas, mechanical, or plumbing system, or for the public safety, health, and general welfare, not specifically covered by the construction codes, shall be determined by the Building Official.

E.Alternate materials and methods.

The provisions of the construction codes are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided any such alternate has been reviewed by the Building Official. The Building Official shall approve any such alternate, provided the Building Official finds that the alternate for the purpose intended is at least the equivalent of that prescribed in the construction codes, in quality, strength, effectiveness, fire resistance, durability, and safety. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate.

Sec. 501.17. - 20. Reserved.

DIVISION 4. SUBMITTAL REQUIREMENTS.

§ 501.21

Submittal requirements.

Sec. 501.21. Submittal requirements.

A.Permit application.
1.Principal structure.

Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of CHAPTER 500 - BUILDINGS AND CONSTRUCTION 427 which is regulated by the construction codes, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit for the work. A permit shall not be issued to an owner, who is neither a licensed contractor nor the occupant of the structure being built or altered.

2.Accessory building/structure.

Any residential accessory structure larger than 120 square feet or a non-residential accessory structure of any size shall make application to the Building Official and obtain the necessary required permit for the work. Unless otherwise approved, all accessory structures shall be single story and used for storage purposes only and shall include, but not be limited to, detached garages, boat and car storage buildings. Portable accessory structures 120 square feet or less do not require a permit.

3.Accessory dwelling structures.

Any structure constructed on the property where a primary dwelling already exists. In-law suites and detached garage apartments are examples.

4.Demolition of structures.

Whenever any dwelling or other structure formerly used for human habitation in excess of 150 square feet, or any commercial building or other structure formerly occupied in the conduct of any trade or business in excess of 150 square feet, is removed from a location within the city to another and different location, either within or without the city, or there is to be a demolition of the structure, the applicant for the permit to move or demolish such structure shall agree in writing that the premises shall be left in a safe and sanitary condition and is required to do the following:

a.Remove from such location or premises all trash, debris, garbage and other similar material.
b.Fill all holes and depressions caused by the removal of any part of the structure or caused as a result of compliance with this article, which might become a harboring place for insects, rodents or vermin.
c.Tear down and remove all underpinnings, pilasters, steps, plumbing connections and fixtures above ground level. All water, gas and sewer lines shall be closed off, sealed and made to be gastight and watertight.
d.Fill or cover all wells with a concrete cap.
5.Until the premises is completely restored to a safe and sanitary condition, the premises shall be secured by a fence to prevent unauthorized entry.
B.Information required.

Each application for a permit, with the required fee, shall be filed with the Building Official on a form furnished for that purpose, and shall contain a general description of the proposed work and its location.

The application shall be signed by the owner, or his authorized agent. The building permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure, and shall contain such other information as may be required by the Building Official.

C.Time limitations.

An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing for the permit, unless before then a permit has been issued. One or more extensions of time for periods of not more than 90 days each may be allowed by the Building Official for the application, provided the extension is requested in writing and justifiable cause is demonstrated.

D.Drawings and specifications.
1.Requirements.

When required by the Building Official, three copies of specifications and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the construction codes. Such information shall be specific, and the construction codes shall not be cited as a whole or in part, nor shall the term “legal” or its equivalent be used, as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design.

2.Additional data.

The Building Official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications, and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal.

3.Design professional.

The design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications, and accompanying data, for the following:

a.For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific state law exception permits its preparation by a person not so registered.
b.All Group A, E, and I occupancies.
c.Buildings and structures three stories high or higher.
d.Buildings and structures 5,000 square feet or more in area.
e.Single-family dwellings, regardless of size, shall require neither a registered architect or engineer, nor a certification that an architect or engineer is not required.
4.Structural and fire resistance integrity.

Plans for all buildings shall indicate how required structural and fire resistance integrity will be maintained where a penetration of a required fire resistance wall, floor, or partition will be made for electrical, gas, mechanical, plumbing, signal and communication conduits, pipes, and systems and also indicate in sufficient detail how the fire integrity will be maintained where required fire resistance floors intersect the exterior walls.

5.Exception.

Single-family dwellings, regardless of size, shall require neither a registered architect nor engineer, nor a certification that an architect or engineer is not required; however, copies of drawings and specifications which bear the copyright seal or statement of a design professional will not be accepted with the permit application unless specifically authorized by the design professional.

6.Site drawings.

Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The Building Official may require a boundary line survey prepared by a qualified surveyor.

CHAPTER 500 - BUILDINGS AND CONSTRUCTION 429

F.Survey.
1.Whenever it is proposed to erect or alter a permanent residential structure within the city, the Building Department shall require that the builder provide the department with an as-built survey of the full and complete foundation and appurtenances for that lot prior to scheduling final inspections.
2.The Building Official may also require a form check and/or a foundation survey in any situation where it is felt a structure has encroached into a setback area, regardless of how it is shown on a proposed site plan, commercial or residential.
3.If a foundation survey is required for a structure, no work shall be done on that structure beyond the foundation phase of the project until such time as a foundation survey is submitted to the Building Official and approved.
G.Subcontractor affidavits.

The city requires a copy of the contractor’s business license, trade card and identification, as well as electrical, plumbing, mechanical and low voltage affidavits from state licensed contractors subordinate to a building permit. The Building Official may require additional information as deemed necessary when accepting an affidavit.

H.Work authorized.

A building, electrical, gas, mechanical, or plumbing permit shall carry with it the right to construct or install the work, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit. Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required.

I.Exceptions.

Permits shall not be required for the following mechanical work, if the equipment is approved by Underwriters Laboratories (UL) or equivalent testing company:

1.Any portable heating appliance;
2.Any portable ventilation equipment;
3.Any portable cooling unit;
4.Any steam, hot or chilled water piping within any heating or cooling equipment regulated by this UDO;
5.Replacements of any part which does not alter its approval or make it unsafe;
6.Any portable evaporative cooler; or
7.Any self-contained refrigeration system containing ten pounds or less of refrigerant and actuated by motors of one horsepower or less.
J.Minor repairs and routine maintenance.

Ordinary minor repairs, with a value of less than $1,000, may be made with the approval of the Building Official without a permit, provided that such repairs shall not violate any of the provisions of the construction codes.

§ 501.22

Hazardous occupancies.

Sec. 501.22. Hazardous occupancies.

A.General site plan.

A general site plan, drawn at a legible scale, which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment, and adjacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored.

B.Building floor plan.

A building floor plan, drawn to a legible scale, which shall include, but not be limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class or the hazardous materials stored.

C.Examination of documents.

The Building Official shall examine or cause to be examined each application for a permit and the accompanying documents, consisting of drawings, specifications, computations, and additional data, and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the construction codes and all other pertinent laws or ordinances.

Sec. 501.23. - 26. Reserved.

DIVISION 5. PERMIT REGULATIONS.

§ 501.27

Issuing permits.

Sec. 501.27. Issuing permits.

A.Action on permits.

The Building Official shall act upon an application for a permit without unreasonable or unnecessary delay. If the Building Official is satisfied that the work described in an application for a permit and the contract documents filed therewith conform to the requirements of the construction codes and other pertinent laws and ordinances, they shall issue a permit to the applicant.

B.Refusal to issue permit.

If the application for a permit and the accompanying contract documents describing the work do not conform to the requirements of the construction codes or other pertinent laws or ordinances, the Building Official shall not issue a permit, but shall return the contract documents to the applicant with his refusal to issue such permit. Such refusal shall, when requested, be in writing and shall contain the reason for refusal.

C.Special foundation permit.

When application for permit to erect or enlarge a building has been filed and pending issuance of such permit, the Building Official may, at his discretion, issue a special permit for the foundation only. The holder of such a special permit is proceeding at his own risk and without assurance that a permit for the remainder of the work will be granted nor that corrections will not be required in order to meet provisions of the construction codes.

D.Public right-of-way.

No permit shall be issued by the Building Official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley, or public lane, or for the CHAPTER 500 - BUILDINGS AND CONSTRUCTION 431 placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application at the office of the director of public works for the lines of the public street on which they propose to build, erect, or locate said building; and it shall be the duty of the Building Official to see that the street lines are not encroached upon.

E.Exemptions from permitting.
A permit shall not be required for the following:
1.Oil derricks;
2.Retaining walls that are not over four feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids;
3.Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1;
4.Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route. Interior painting, papering, tiling, carpeting, cabinets, and counter tops;
5.Temporary motion picture, television and theater stage sets and scenery;
6.Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground;
7.Shade cloth structures constructed for nursery or agricultural purposes, not including service systems;
8.Swings and other playground equipment accessory to detached one- and two-family dwellings; or
9.Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.
F.Contractor responsibilities.

It shall be the duty of every contractor who shall make contracts for the installation or repairs of buildings, structures, electrical, gas, mechanical, sprinkler, or plumbing systems, for which a permit is required, to comply with state or local rules and regulations concerning licensing which the applicable governing authority may have adopted. In such case that the state requires a contractor to have obtained a state license before they are permitted to perform work, the contractor shall supply the local government with its license number before receiving a permit for work to be performed.

G.Conditions of permit approval.
1.Intent.

A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of the construction codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans, construction, or violations of the construction codes. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the worked is commenced. One or more extensions of time, for periods not more than 90 days each, may be allowed for the permit. The extension shall be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the Building Official.

2.Issued on basis of an affidavit.

Whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the Building Official, are hazardous or complex, the Building Official shall require that the architect or engineer who prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity with the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the Building Official written affidavit that the work has been done in conformity with the reviewed plans and with the structural provisions of the construction codes. In the event such architect or engineer is not available, the owner shall employ in his place, a competent person or agency whose qualifications are reviewed by the Building Official.

3.Plans.

When the Building Official issues a permit, they shall endorse, in writing or by stamp, both sets of plans “reviewed for code compliance.” One set of drawings so reviewed shall be retained by the Building Official and the other set shall be returned to the applicant. The permitted drawings shall be kept at the site of work and shall be open to inspection by the Building Official or his authorized representative.

H.Fees.
1.Prescribed fees.

A permit shall not be issued until the fees prescribed by the Mayor and City Council have been paid.

Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical, or gas systems, etc., has been paid.

2.Work commencing before permit issuance.

Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing, etc., system before obtaining the necessary permits shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fees.

3.Accounting.

The Building Official shall keep a permanent and accurate accounting of all permit fees and other money collected, the names of all persons upon whose account the same was paid, along with the date and amount thereof.

4.Reinspection.

A reinspection fee shall be assessed for all reinspections in accordance with the schedule of fees as adopted by the Mayor and City Council.

5.Schedule of permit fees.

On all buildings, structures, electrical, plumbing, mechanical, and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing application, in accordance with the schedule of fees as adopted by the Mayor and City Council.

6.Building permit valuations.

If, in the opinion of the Building Official, the valuation of building, alteration, structure, electrical, gas, mechanical, or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment, and other systems, including materials and labor.

CHAPTER 500 - BUILDINGS AND CONSTRUCTION 433

§ 501.28

Revocation of permits.

Sec. 501.28. Revocation of permits.

A.Misrepresentation of application.

The Building Official may revoke a permit or approval, issued under the provisions of the construction codes, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

B.Violation of code provisions.

The Building Official may revoke a permit upon a determination that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical, or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of the construction codes.

Sec. 501.29. - 32. Reserved.

DIVISION 6. INSPECTION REGULATIONS.

§ 501.33

Inspections.

Sec. 501.33. Inspections.

A.Existing building inspections.

Before issuing a permit, the Building Official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical, and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of the construction codes.

B.Manufacturers and fabricators.

When deemed necessary by the Building Official, they shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the construction codes.

C.Inspection service.

The Building Official may make, or cause to be made, the inspections required by subsection (F) of this section. He may accept reports of inspectors of recognized inspection services provided that after investigation they are satisfied as to their qualifications and reliability. A certificate called for by any provision of the construction codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service.

D.Inspections prior to issuance of certificate of occupancy or completion.

The Building Official shall inspect or cause to be inspected at various intervals all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical, or plumbing system upon completion, prior to the issuance of the certificate of occupancy or completion.

E.Posting of permit and approved plans.

Work requiring a permit shall not commence until the permit holder or his agent posts the permit card in a conspicuous place on the premises. The permit shall be protected from the weather and located in such position as to permit the Building Official or representative to conveniently make the required entries thereon. This permit card shall be maintained in such position by the permit holder until the certificate of occupancy or completion is issued by the Building Official.

F.Required inspections.

The Building Official, upon notification from the permit holder or his agent, shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with the technical code:

1.Buildings.
a.Foundation and foundation wall inspection.

To be made after trenches are excavated, the reinforcement is in place, and the forms erected, prior to the placing of concrete.

b.Slab inspection.

To be made prior to the placing of concrete.

c.Frame inspection.

To be made after the roof, all framing, fire blocking, and bracing are in place, all concealing wiring, all pipes, chimneys, ducts, and vents are complete.

Nail Pattern for sheathing prior to moisture barrier/house wrap.

d.Moisture barrier inspection.

To be made prior to the installation of the exterior finish materials.

e.Final inspection.

To be made after the building is completed and ready for occupancy.

2.Electrical.
a.Underground inspection.

To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place.

b.Rough-in inspection.

To be made after the roof, framing, fire-blocking, and bracing is in place and prior to the installation of wall or ceiling membranes.

c.Final inspection.

CHAPTER 500 - BUILDINGS AND CONSTRUCTION 435 To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy.

3.Plumbing.
a.Underground inspection.

To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place.

b.Rough-in inspection.

To be made after the roof, framing, fire blocking, and bracing is in place and all soil, waste, and vent piping is complete, and prior to this installation of wall or ceiling membranes.

c.Final inspection.

To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy.

d.Required tests.

Refer to state plumbing code for required tests.

4.Mechanical.
a.Underground inspection.

To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place.

b.Rough-in inspection.

To be made after the roof, framing, fire blocking, and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes.

c.Final inspection.

To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy.

5.Gas.
a.Rough piping inspection.

To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected.

b.Final piping inspection.

To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected.

This inspection shall include a pressure test.

c.Final inspection.

To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes in order to insure compliance with all the requirements of the construction codes and to assure that the installation and construction of the gas system is in accordance with reviewed plans.

6.Energy.
a.Foundation inspection.
i.To be made before slab concrete is poured in place.
ii.To verify that perimeter insulation has been installed correctly on any slab on grade foundations, if required.
b.Frame inspection.

To be made before exterior wall insulation is concealed by wall board to check installation of exterior walls insulation and to inspect that all holes and cracks through the structure envelope have been sealed in an appropriate manner as to restrict air passage.

c.Final inspection.
i.To be made after the building is completed and ready for occupancy.
ii.To verify installation and R-value of ceiling and floor insulation.
iii.To verify correct SEER ratings on appliances.
G.Written release.
1.Work shall not be done on any part of a building, structure, electrical, gas, mechanical, or plumbing system beyond the point indicated in each successive inspection without first obtaining a written release from the Building Official. Such written release shall be given only after an inspection has been made of each successive step in the construction or installation as indicated by each of the foregoing three inspections.
2.Reinforcing steel, structural frames, insulation, plumbing, mechanical, or electrical systems.
3.Reinforcing steel, structural frame, insulation, plumbing, work of any part of any building or structure shall not be covered or concealed without first obtaining a release from the Building Official.
H.Plaster fire protection.

In all buildings where plaster is used for fire protection purposes, the permit holder or his agent shall notify the Building Official after all lathing and backing is in place. Plaster shall not be applied until the release from the Building Official has been received.

Sec. 501.34. - 37. Reserved.

CHAPTER 500 - BUILDINGS AND CONSTRUCTION 437 DIVISION 7. OCCUPANCY REGULATIONS.

§ 501.38

Completion and Occupancy Certificates.

Sec. 501.38. Completion and Occupancy Certificates.

A.Certificate of Completion.

Upon satisfactory completion of a building, structure, electrical, gas, mechanical, or plumbing system, a certificate of completion may be issued. This certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a certificate of occupancy.

B.Certificate of Occupancy (CO).
1.Building occupancy.

A new building shall not be occupied or a change made in the occupancy, nature, or use of a building or part of a building until after the Building Official has issued a certificate of occupancy. Said certificate shall not be issued until all required electrical, gas, mechanical, plumbing, and fire protection systems have been inspected for compliance with the construction codes and other applicable laws and ordinances and released by the Building Official.

2.Issuance of certificate.

Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical, and plumbing systems in accordance with the construction codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a certificate of occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of the construction codes.

3.Temporary/partial occupancy.

A temporary/partial certificate of occupancy may be issued for a portion of a commercial building, which in the opinion of the Building Official may safely be occupied prior to final completion of the building. The temporary/partial certificate of occupancy shall be forfeited if the permanent certificate of occupancy is not issued within 90 days.

4.Existing building occupancy.

A certificate of occupancy for any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the construction codes for the occupancy intended. Where necessary, in the opinion of the Building Official, two sets of detailed drawings or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of the construction codes and other applicable laws and ordinances for such occupancy, a certificate of occupancy shall be issued.

§ 501.39

Service utilities.

Sec. 501.39. Service utilities.

A.Connection.
1.Release by Building Official.

No person shall make connections from a utility, source of energy, fuel, or power to any building or system which is regulated by the construction codes for which a permit is required, until released by the Building Official and a certificate of occupancy or completion is issued.

2.Temporary connection.

The Building Official may authorize the temporary connection of the building or system to the utility source of energy, fuel, or power for the purpose of testing building service systems or for use under a temporary certificate of occupancy.

B.Authority to disconnect.

The Building Official shall have the power to authorize disconnection of utility service to the building, structure, or system regulated by the construction codes, in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall notify the serving utility, and whenever possible the owner and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure, or service system shall be notified in writing, as soon as practical thereafter.

§ 501.40

Posting floor loads.

Sec. 501.40. Posting floor loads.

A.Occupancy.

An existing or new building shall not be occupied for any purpose, which will cause the floors thereof to be loaded beyond their safe capacity. The Building Official may permit occupancy of a building for mercantile, commercial, or industrial purposes, by a specific business, when they are satisfied that such capacity will not thereby be exceeded.

B.Storage and factory-industrial occupancies.

It shall be the responsibility of the owner, agent, proprietor, or occupant of Group S and Group F occupancies, or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot uniformly distributed. The computations and affidavit shall be filed as a permanent record of the Building Department.

C.Signs required.

In every building or part of a building used for storage, industrial, or hazardous purposes, the safe floor loads, as reviewed by the Building Official on the plan, shall be marked on plates or approved design which shall be supplied and securely affixed by the owner of the building in a conspicuous place in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building.

§ 501.41

Tests.

Sec. 501.41. Tests.

The Building Official may require test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency.

CHAPTER 500 - BUILDINGS AND CONSTRUCTION 439

§ 501.42

Appeals.

Sec. 501.42. Appeals.

1.The owner of a building, structure, or service system, or his duly authorized agent, may appeal a decision of the Building Official to the Mayor and City Council in accordance with the provisions established in Sec. 104.18.B.1. whenever any one of the following conditions are claimed to exist:
a.The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system;
b.The provisions of the construction codes do not apply to this specific case;
c.That an equally good or more desirable form of installation can be employed in any specific case;

or

d.The true intent and meaning of the construction codes or any of the regulations thereunder have been misconstrued or incorrectly interpreted.

Sec. 501.43. - 46. Reserved.

DIVISION 8. EXISTING STRUCTURES.

§ 501.47

Existing buildings.

Sec. 501.47. Existing buildings.

A.Generally.

Alterations, repairs, or rehabilitation work may be made to any existing structure, building, electrical, gas, mechanical, or plumbing system without requiring the building, structure, plumbing, electrical, mechanical, or gas system to comply with all the requirements of the construction codes provided that the alteration, repair, or rehabilitation work conforms to the requirements of the construction codes for new construction. The Building Official shall determine the extent to which the existing system shall be made to conform to the requirements of the construction codes for new construction.

B.Change of occupancy.

If the occupancy classification of any existing building or structure is changed, the building, electrical, gas, mechanical, and plumbing systems shall be made to conform to the intent of the construction codes as required by the Building Official.

C.Special historic buildings.

The provisions of the construction codes relating to the construction, alteration, repair, enlargement, restoration, relocation, or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the Building Official to be safe and in the public interest of health, safety, and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation, or moving of buildings within the fire districts.

§ 501.48

Unsafe or dangerous buildings or service systems.

Sec. 501.48. Unsafe or dangerous buildings or service systems.

A.Unsafe buildings.

In the case of a building, structure, or service system, which, in the opinion of the Building Official, is unsafe, unsanitary, or dangerous, the Building Official may, in his order, limit the time for such notice of appeals to a shorter period. All buildings or structures within the corporate limits of the city, which have any or all of the following defects, shall be deemed to be “unsafe buildings”:

1.Those in which the interior walls or other vertical structural members list, lean or buckle to such an extent that a plumbing line passing through the center of gravity falls outside of the base of such wall;
2.Those buildings which, exclusive of the foundation, show 33 percent or more of damage or deterioration of the supporting members, or 50 percent of damage or deterioration of a non-supporting enclosing or outside walls or covering;
3.Those buildings which have improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose for which they are used or intended to be used;
4.Those buildings which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants thereof or the people of the city;
5.Those buildings which have become or are so dilapidated, decayed, unsafe, unsanitary, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein, or may live therein;
6.Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein;
7.Those having inadequate facilities for egress in case of fire or panic, or those having insufficient stairways, elevators, fire escapes or other means of communication;
8.Those, which have parts thereof, which are so attached that they may fall and injure members of the public or property;
9.Those, which, because of their condition, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the city; or
10.Those buildings which exist in violation of any ordinance of the city, so as to constitute a nuisance, and to be unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the city.
B.Unsafe buildings as nuisances.

All unsafe buildings as defined in this section are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided for in O.C.G.A. § 36-61-11 and as provided in this section.

1.The Building Official of the city is specifically charged with the responsibility for the enforcement of this section; and upon finding, within the corporate limits of the city, an unsafe building, they shall cause an inspection to be made of such building and, if the same is found to be unsafe, shall make a written report of the conditions and defects of such building and such evidence as may be available to the Mayor and City Council.
2.The Building Official, at the time such report is filed with the Mayor and City Council, shall specifically point out the defects in such building which should be repaired, shall specify whether the same is unsafe for human habitation and/or shall recommend to the Mayor and City Council such steps which, in his opinion, should be taken to remedy the conditions found to exist so that such building will no longer be unsafe, as defined herein.
3.Upon such report being filed with the Mayor and City Council by the Building Official, such report shall be considered by the Mayor and City Council at its next regular meeting thereafter. If after consideration of the report and evidence filed by the Building Official the Mayor and City Council shall determine that reasonable cause to proceed exists, the Mayor and City Council shall then order that a hearing be held at a regular meeting of the Mayor and City Council within not less than ten days nor more than 60 days to determine whether the building described in the Building Official’s report is an unsafe building.

CHAPTER 500 - BUILDINGS AND CONSTRUCTION 441

4.The owner or tenants, if any, and lienholders of record, if any, of such building shall be served with a copy of such notice of hearing not less than ten days prior to the date fixed for such hearing.
5.The owner and/or lienholders of such building shall be served personally with such notice if they reside or can be found within the city limits.
6.If such owners and/or lienholders do not reside in the city or cannot be found in the city, they shall be served by publishing a copy of such notice, addressed to them, in the newspaper having general circulation in the county in which sheriff’s advertisement appear, once a week for four weeks immediately preceding the date of such hearing. A copy of such notice shall be mailed to such owner and/or lienholder at their last address, as shown by the tax records of the city, at least 15 days prior to such hearing, by registered or certified mail.
7.The tenants in such building, if any, shall be served by leaving a copy with an adult residing in such building.
8.After hearing evidence at the hearing, the Mayor and City Council shall, by resolution, issue an order based upon the evidence produced at such hearing; and if by such order they find and determine such building to be an unsafe building, such order shall specify the acts and things to be done to such building or in or about such building, including demolition if necessary, to protect the health, morals, safety or general welfare of the people of the city and the persons who live or may live in or who may inhabit such building.
9.If any interested party is dissatisfied with the finding of the Mayor and City Council as set forth in Sec.

104.18.B.7., they shall have the right to appeal by writ of certiorari to the Superior Court of Fayette County, Georgia.

10.If the Mayor and City Council, pursuant to the hearing shall determine that the building is an unsafe building and if they also find that the same is unsafe for human habitation, the tenants and/or inhabitants of such building shall be immediately ordered to vacate the same. Such building shall be posted as an unsafe building, and all persons prohibited from entering therein, except for the purpose of restoring, repairing or demolishing the same, pursuant to an order entered hereunder.
11.If the Mayor and City Council shall determine that such building is unsafe and/or that the same should be demolished, the owner of such building shall be given a reasonable period of time within which to repair the same or demolish the same as the case may be; and upon the failure of the owner to comply with such order within the period of time fixed, the Mayor and City Council shall order the building inspector or such other proper official of the city to repair and/or demolish the same, as required by such order, and assess the total cost thereof against the owner.
12.If the repairing and/or demolishing of such building is performed by the Building Official or such other proper official of the city, such official, upon completion of such work, shall file with the clerk of the city an itemization of the cost of such work. The clerk is hereby ordered to immediately issue an execution against the owner of such property for the total cost of such work, which execution shall constitute a lien against such real estate as of the date of the resolution ordering such work to be done, and which execution shall thereafter be enforced and collected in the same manner as an execution or FIFA for unpaid taxes for the city. Such execution shall rank in dignity second only to taxes of the city.
13.The Building Official of the city may, in addition to other remedies, and after due notice to the owner of the property, issue a citation for violation of the provisions of this article and require the presence of the violator in court.
§ 501.49

Moving structures.

Sec. 501.49. Moving structures.

A.Moving of buildings.

Any person, corporation, or other entity desiring to move a portable building, mobile home, or house from any location in the city to another location, or from location outside the city to a location inside the city, must give written notice to the Building Official at least three days prior to moving the building or home. The written notice shall set forth the following information:

1.Type and kind of building to be moved;
2.The extreme dimensions of length, width, and height of the building to be moved;
3.The present location and the new location, if within the city; and
4.The approximate time of arrival of said building or home at the corporate limits of the city, the approximate time said building will be upon the streets or roads within the city, and the route to be taken.
B.Buildings moved in or out of the city shall meet the following requirements.
1.Asbestos Any structure that is to be moved will require a letter of clearance from any asbestos prior to moving.
2.Inspection fee Refer to Schedule of Fees.
3.Compliance with traffic fees and regulations.

In addition to the inspection fees set out above, the person, corporation, or entity moving a building, mobile home, or house shall also be subject to the fees related to the movement of vehicles exceeding 12 feet through or across the highways, streets, roads, or alleys located in the city. Said fees are also established in the Schedule of Fees.

4.Denial of permission.

The Building Official may deny permission to move the building or home if, in the opinion of the Building Official, such movement may cause serious damage or injury to persons, property, streets, roads, public utilities, or public improvements.

5.Liability for damages.

Any person, corporation, or other entity who moves a building or home shall be liable for damages to persons, property, streets, roads, public utilities, or public improvements injured or damaged by the movement of the building or home.

CHAPTER 500 - BUILDINGS AND CONSTRUCTION 443