LandCode
Johns CreekCode of Ordinances — Subpart B (Land Development Regulations)

Chapter 105 — Buildings and Building Regulations

current as of 2025-09-08currency checked manuallyOfficialVerify with City of Johns Creek15 sections · full chapter
§ 105-19

Violations and penalties.

Sec. 105-19. 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 as provided in section 1-7. (2010-09-17, § 1, 9-27-2010)

§ 105-20

State minimum standards adopted.

Sec. 105-20. State minimum standards adopted.

(a)It is hereby declared to be the intention of the council to enforce the latest edition of the following Georgia State Minimum Standard Codes, as adopted and amended by the state department of community affairs:
(1)International Building Code.
(2)International Fuel Gas Code.
(3)International Mechanical Code.
(4)International Plumbing Code.
(5)National Electrical Code.

*Editor’s note—2010-09-17, § 1, adopted Sept. 27, 2010, deleted the former Art. II, Div. 1, §§ 105-19, 105-20, Div. 2, §§ 105-46—105-54, Div. 3, §§ 105-81—105-88, Div. 4, §§ 105-111—105-113, and enacted a new Art. II as set out herein. The former Art. II pertained to building code and derived from Ord. No. O2006-12-22, ch. 9, art. 1, art. 2, §§ 1—9, art 2. § 11, art. 3, §§ 1—8, art. 4, §§ 1—3, 12-19-2006; Ord. No. 2007-06-11, § 2, 6-28-2007.

(6)International Fire Code.
(7)International Energy Conservation Code.
(8)International Residential Code.
(b)The following appendices of said codes, as adopted and amended by the state department of community affairs, are hereby adopted by reference as though they were copied herein fully:
(1)International Residential Code, Appendix G.
(c)The following codes, the latest editions as adopted and amended by the state department of community affairs, are hereby adopted by reference as though they were copied herein fully:
(1)International Existing Building Code.
(2)International Property Maintenance Code.
(d)The following code is adopted insofar as it does not conflict with the Georgia State Minimum Standard Codes: Standard Unsafe Building Abatement Code.
(e)The city also adopts the state minimum standards codes as defined by O.C.G.A. § 8-2-20(9). (2010-09-17, § 1, 9-27-2010)

Secs. 105-21—105-45. Reserved.

DIVISION 2. ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT OF
ADOPTED CODES
§ 105-46

Purpose of division.

Sec. 105-46. Purpose of division.

The purpose of this division is to provide for the administration and enforcement of the Georgia State Minimum Standard Codes for Construction as adopted and amended by the state department of community affairs.

Hereinafter, the state minimum standard codes for construction shall be referred to as "the construction codes." (2010-09-17, § 1, 9-27-2010)

§ 105-47

Code remedial.

Sec. 105-47. 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. (2010-09-17, § 1, 9-27-2010)
§ 105-48

Scope.

Sec. 105-48. Scope.

(a)Applicability.
(1)Generally. 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.
(2)Building. The provisions of the International Building Code, as adopted and amended by the state department of community affairs, 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.
(3)Electrical. The provisions of the National Electrical Code, as adopted and amended by the state department of community affairs, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances thereto.
(4)Gas. The provisions of the International Fuel Gas Code, as adopted and amended by the state department of community affairs, 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.
(5)Mechanical. The provisions of the International Mechanical Code, as adopted and amended by the state department of community affairs, 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.
(6)Plumbing. The provisions of the International Plumbing Code, as adopted and amended by the state department of community affairs, 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.
(7)Energy. The provisions of the International Energy Conservation Code, as adopted and amended by the state department of community affairs, 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.
(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)Appendices. Appendices referenced in subsection 105-20(b) shall be considered an integral part of the construction codes.
(d)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.
(e)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. (2010-09-17, § 1, 9-27-2010)
§ 105-49

Existing buildings.

Sec. 105-49. 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. (2010-09-17, § 1, 9-27-2010)
§ 105-50

Building department.

Sec. 105-50. 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 city council shall establish the qualifications for the building official and other code enforcement personnel. The duties of the department may be contracted out in full to a third-party entity.
(b)Restrictions on employees. An officer or employee connected with the department, except one whose only connection is as a member of the construction board of adjustment and appeals, 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 he is the owner of such. This officer or employee shall not engage in any other work, which is inconsistent with his 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, or member of the construction board of appeals, 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. He may incorporate in said report a summary of the decisions of the construction board of appeals during said year. (2010-09-17, § 1, 9-27-2010)
§ 105-51

Building official.

Sec. 105-51. 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, he shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, he 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)Revocation of permits.
(1)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.
(2)Violation of code provisions. The building official may revoke a permit upon determination by the building official 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.
(e)Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems.
(f)Requirements not covered by codes. 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.
(g)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. (2010-09-17, § 1, 9-27-2010)
§ 105-52

Permits.

Sec. 105-52. Permits.

(a)Application.
(1)When required. 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 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)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.
(3)Minor repairs. Ordinary minor repairs, with a value of less than $2,500.00, 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.
(4)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.
(5)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.
(b)Drawings and specifications.
(1)Requirements. When required by the building official, two or more copies of specifications and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany 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.
a.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:

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.

1.All Group A, E, and I occupancies.
2.Buildings and structures three stories high or more high.
3.Buildings and structures 5,000 square feet (465 m^ 2) or more in area.
b.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)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.
(6)Hazardous occupancies. The building official may require the following:
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 accessways, 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.
(1)Plan review. 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.
(d)Issuing permits.
(1)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, he shall issue a permit to the applicant.
(2)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.
(3)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.
(4)Public right-of-way. A permit shall not be given 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 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 he proposes 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)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.
(f)Conditions of the permit.
(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, he 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.
(g)Fees.
(1)Prescribed fees. A permit shall not be issued until the fees prescribed by the 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)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 fee schedules as set by the city council.
(5)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.
(h)Inspections.
(1)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.
(2)Manufacturers and fabricators. When deemed necessary by the building official, he 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.
(3)Inspection service. The building official may make, or cause to be made, the inspections required by subsection (h)(6) of this section. He may accept reports of inspectors of recognized inspection services provided that after investigation he/she is 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.
(4)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.
(5)Posting of permit. 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.
(6)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:
a.Building.
1.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.
2.Slab inspection: To be made prior to the placing of concrete.

3 Frame inspection: To be made after the roof, all framing, fireblocking, and bracing are in place, all concealing wiring, all pipes, chimneys, ducts, and vents are complete.

4.Moisture barrier inspection: To be made prior to the installation of the exterior finish materials.

5 Final inspection: To be made after the building is completed and ready for occupancy.

b.Electrical.
1.Underground inspection: To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place.
2.Rough-in inspection: To be made after the roof, framing, fireblocking, and bracing is in place and prior to the installation of wall or ceiling membranes.
3.Final inspection: 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.
c.Plumbing.
1.Underground inspection: To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place.
2.Rough-in inspection: To be made after the roof, framing, fireblocking, and bracing is in place and all soil, waste, and vent piping is complete, and prior to this installation of wall or ceiling membranes.
3.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.
4.Required tests: See state plumbing code for required tests.
d.Mechanical.
1.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.
2.Rough-in inspection: To be made after the roof, framing, fireblocking, and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes.
3.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.
e.Gas.
1.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.
2.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.
3.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.
f.Energy.
1.Foundation inspection: To be made before slab concrete is poured in place. To verify that perimeter insulation has been installed correctly on any slab on grade foundations, if required.
2.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.
3.Final inspection: To be made after the building is completed and ready for occupancy. To verify installation and R-value of ceiling and floor insulation. To verify correct SEER ratings on appliances.
(7)Written release. 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.
(8)Reinforcing steel, structural frames, insulation, plumbing, mechanical, or electrical systems. 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.
(9)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.
(i)Certificates.
(1)Certificate of occupancy.
a.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.
b.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.
c.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.
d.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.
(2)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.
(3)Service utilities.
a.Connection. 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.
b.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.
c.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.
(j)Posting floor loads.
(1)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 he is satisfied that such capacity will not thereby be exceeded.
(2)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.
(3)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.

(2010-09-17, § 1, 9-27-2010)

§ 105-53

Tests.

Sec. 105-53. 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. (2010-09-17, § 1, 9-27-2010)

§ 105-54

Construction board of appeals.

Sec. 105-54. Construction board of appeals.

(a)Appointment. The council shall establish a board to be called the "construction board of appeals." Members shall be nominated by the mayor and approved by the council.
(b)Membership.
(1)Composition and terms. The board shall be comprised of five persons. Each member shall serve a term of two years. Appointments effective in 2023 shall serve a term of one year to stagger terms. No person appointed shall serve more than three consecutive terms, this shall not include any partial terms of office.
(2)Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of the construction codes, the affirmative votes of the majority present shall be required. In modifying a decision of the building official, not less than two affirmative votes shall be required. In modifying a decision of the building official, not less than two affirmative votes shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote.
(3)Secretary of the board. The building official shall appoint a secretary for the board and shall make a detailed record of all its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote.
(4)Qualifications. As provided in section 2-129, the council shall establish qualifications for board members.
(c)Powers. The construction board of appeals shall have the power, as further defined in subsection (d) of this section, to hear the appeals of decisions and interpretations of the building official and consider variances of the construction codes.
(d)Appeals.
(1)Decision of the building official. The owner of a building, structure, or service system, or his duly authorized agent, may appeal a decision of the building official to the construction board of appeals 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.
d.The true intent and meaning of the construction codes or any of the regulations thereunder have been misconstrued or incorrectly interpreted.
(2)Variances. The construction board of appeals, when so appealed to and after a hearing, may vary the application of any provision of the construction codes to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the construction codes or public interest, and also finds all of the following:

In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with the construction codes. Violation of the conditions of a variance shall be deemed a violation of the construction codes.

a.That special conditions and circumstances exist which are peculiar to the building, structure, or service system involved and which are not applicable to others.
b.That the special conditions and circumstances do not result from the action or inaction of the applicant.
c.That granting the variance requested will not confer on the applicant any special privilege that is denied by the construction codes to other buildings, structures, or service system.
d.That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system.
e.That the grant of the variance will be in harmony with the general intent and purpose of the construction codes and will not be detrimental to the public health, safety, and general welfare.
(3)Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official.
(4)Unsafe or dangerous buildings or service systems. 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.
(e)Rules and regulations.
(1)Establishment. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of these procedures. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received.
(2)Decisions. The construction board of appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of the construction codes, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject to such remedy as any aggrieved party might have at law or in equity. (2010-09-17, § 1, 9-27-2010; Ord. No. 2023-0303, § 6, 3-14-2023)

Secs. 105-55—105-80. Reserved.

DIVISION 3. RESERVED

Secs. 105-81—105-111. Reserved.

DIVISION 4. MISCELLANEOUS PROVISIONS
§ 105-112

Fire limits.

Sec. 105-112. Fire limits.

The fire limits of the city for purposes of this article shall be the same as is provided in this Code. (2010-09-17, § 1, 9-27-2010)

§ 105-113

Water efficiency code requirements.

Sec. 105-113. Water efficiency code requirements.

(a)Purpose and intent. The purpose of this ordinance is to increase indoor and outdoor water efficiency through new requirements adopted as a local amendment to the Georgia Plumbing Code.
(b)General definitions.

Kitchen faucet or kitchen faucet replacement aerator. A kitchen faucet or kitchen faucet replacement aerator that allows a flow of no more than 1.8 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.

Lavatory faucet or lavatory faucet replacement aerator. A lavatory faucet or lavatory faucet replacement aerator that allows a flow of no more than 1.2 gallons per minute at a pressure of 60 pounds per square inch and is listed to the WaterSense High Efficiency Lavatory Faucet Specification.

Landscape irrigation.

(1)Flow sensor. An inline device in a landscape irrigation system that produces a repeatable signal proportional to flow rate.
(2)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.
(3)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.
(4)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.
(5)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.
(6)WaterSense irrigation controller. Is a weather-based or soil moisture-based irrigation controller 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.
(7)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 2.0 gallons of water per minute at 80 pounds per square inch of pressure, is listed in the WaterSense Specification for Showerheads, and meets the U.S. Department Definition of Energy definition of showerhead. (Ord. No. 2023-10-22, 12-12-2023)

§ 105-114

Local amendments to plumbing code.

Sec. 105-114. Local amendments to plumbing code.

(a)Purpose and intent. Enhance the Georgia State Minimum Standard Plumbing Code ("Georgia Plumbing Code") as approved and adopted by the Georgia Department of Community Affairs.
(b)Georgia plumbing code, Section 604 requirements. 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.
(1)Exceptions:
a.Blowout design water closets having a water consumption not greater than 3½ gallons (13 L) per flushing cycle.
b.Vegetable sprays.
c.Clinical sinks having a water consumption not greater than 4½ gallons (17 L) per flushing cycle.
d.Laundry tray sinks and service sinks.
e.Emergency showers and eye wash stations.
(2)Table 604.4 MAXIMUM FLOW RATES AND CONSUMPTION FOR PLUMBING FIXTURES AND FIXTURE FITTINGS PLUMBING FIXTURE OR MAXIMUM FLOW RATE OR FIXTURE FITTING QUANTITY b Lavatory faucet and replacement aerators, private WaterSense Labeled & 1.2 gpm at 60 psi f Lavatory faucet, public (metering)

0.25 gallon per metering cycle Lavatory, public (other than metering)

0.5 gpm at 60 psi Showerheads WaterSense Labeled & 2.0 gpm at 80 psi f Kitchen faucet and replacement aerators 1.8 gpm at 60 psi f, g Urinal 0.5 gallon per flushing cycle f Water closet 1.28 gallons per flushing cycle c, d, e, f For SI: 1 gallon = 3.785 L, 1 gallon per minute = 3.785 L/m, 1 pound per square inch = 6.895 kPa.

a.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.
b.Consumption tolerances shall be determined from referenced standards.
c.For flushometer valves and flushometer tanks, the average flush volume shall not exceed 1.28 gallons.
d.For single flush water closets, including gravity, pressure assisted and electro-hydraulic tank types, the average flush volume shall not exceed 1.28 gallons.
e.For dual flush water closets, the average flush volume of two reduced flushes and one full flush shall not exceed 1.28 gallons.
f.See 2014 GA Amendment to Section 301.1.2 'Waiver from requirements of high efficiency plumbing fixtures'.
g.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.
(3)604.4.1. Clothes Washers. Residential clothes washers shall be in accordance with the Energy Star program requirements.
(4)604.4.2. Cooling Tower Water Efficiency.
a.604.4.2.1 One-Through Cooling. Once-through cooling using potable water is prohibited.
b.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.
c.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.
(5)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.
a.604.4.3.1 Avoiding Water Waste through Design. All new landscape irrigation systems shall adhere to the following design standards:
1.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.
2.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.
3.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.
4.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.
b.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 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.
(c)Nonpotable Water Systems, Section 1304 Reclaimed Water Systems.
(1)1304.3.2 Connections to water supply. Reclaimed water provided from a reclaimed wastewater treatment system 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.
(d)Appendix E, Section E101.1.2. 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. (Ord. No. 2023-10-22, 12-12-2023)

Secs. 105-115—105-130. Reserved.

ARTICLE III. PROPERTY MAINTENANCE CODE
§ 105-131

Property maintenance code saved from repeal.

Sec. 105-131. Property maintenance code saved from repeal.

Nothing in this Code or the ordinance adopting this Code affects the International Property Maintenance Code as adopted and amended by the city. (Ord. No. 2010-02-01, 1—5, 2-8-2010)

Chapters 106—108 RESERVED Chapter 109 NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION* Article I. In General Secs. 109-1—109-18. Reserved.

Article II. Floodplain Management/Flood Damage Prevention Sec. 109-19. General provisions. Sec. 109-20. Definitions. Sec. 109-21. Permit procedures and requirements. Sec. 109-22. Standards for development. Sec. 109-23. Provisions for flood damage reduction. Sec. 109-24. Variance procedures. Sec. 109-25. Violations, enforcement, and penalties. Secs. 109-26—109-53. Reserved.

Article III. Illicit Discharges and Illegal Connections to Storm Sewers Sec. 109-54. General provisions. Sec. 109-55. Definitions. Sec. 109-56. Prohibitions. Sec. 109-57. Industrial or construction activity discharges. Sec. 109-58. Access and inspection of properties and facilities. Sec. 109-59. Notification of accidental discharges and spills. Sec. 109-60. Violations, enforcement and penalties. Secs. 109-61—109-78. Reserved.

Article IV. Post-Construction Stormwater Management for New Development and Redevelopment Sec. 109-79. General provisions. Sec. 109-80. Definitions. Sec. 109-81. Permit procedures and requirements. Sec. 109-82. Stormwater management standards. Sec. 109-83. Inspections to ensure plan compliance during construction. Sec. 109-84. Reserved. Sec. 109-85. Violations, enforcement and penalties. Sec. 109-86. Maintenance by owner of stormwater management systems predating current GSMM. Sec. 109-87. Inspection and maintenance agreements. Sec. 109-88. Right of entry for maintenance inspections. Sec. 109-89. Owner's failure to maintain the stormwater management sys-tem. Secs. 109-90—109-113. Reserved.

Article V. Stream Buffer Protection Sec. 109-114. Title. Sec. 109-115. Findings and purposes.

*State law reference—Environment and natural resource protection, O.C.G.A. § 12-1-1 et seq.

Supp. No. 21 Sec. 109-116. Definitions. Sec. 109-117. Applicability. Sec. 109-118. Land development requirements. Sec. 109-119. Compatibility with other buffer regulations and requirements. Sec. 109-120. Additional information requirements for development on buf-fer zone properties. Sec. 109-121. Responsibility. Sec. 109-122. Inspection. Sec. 109-123. Violations, enforcement and penalties. Sec. 109-124. Administrative appeal and judicial review. Secs. 109-125—109-146. Reserved.

Article VI. Soil Erosion, Sedimentation and Pollution Control Sec. 109-147. Authority and title of article. Sec. 109-148. Intent. Sec. 109-149. Definitions. Sec. 109-150. Exemptions to article. Sec. 109-151. Minimum requirements for erosion, sedimentation and pollu-tion control using best management practices. Sec. 109-152. Land disturbance application/permit process. Sec. 109-153. Residential construction. Sec. 109-154. Design professional inspection. Sec. 109-155. Inspection and enforcement of article. Sec. 109-156. Penalties and incentives. Sec. 109-157. Education and certification. Sec. 109-158. Administrative appeal; judicial review. Sec. 109-159. Effectivity, validity, and liability. Secs. 109-160—109-188. Reserved.

Article VII. Tree Preservation Sec. 109-189. Definitions. Sec. 109-190. Fines and penalties. Sec. 109-191. Purpose. Sec. 109-192. Authority and applicability. Sec. 109-193. Permit procedures. Sec. 109-194. Removal of trees. Sec. 109-195. Violations. Sec. 109-196. Enforcement. Sec. 109-197. Inspections. Sec. 109-198. Notice of violation. Sec. 109-199. Stop work orders. Sec. 109-200. Modification, revocation, suspension, voidance of permit. Sec. 109-201. Bonding. Sec. 109-202. Appeals. Sec. 109-203. Care of public trees. Secs. 109-204—109-210. Reserved.

Article VIII. Litter Control Sec. 109-211. Purpose and intent. Sec. 109-212. Applicability. Sec. 109-213. Compatibility with other regulations.

Sec. 109-214. Severability. Sec. 109-215. Definitions. Sec. 109-216. Prohibition against littering public or private property or wa-ters. Sec. 109-217. Vehicle loads causing litter. Sec. 109-218. Violations. Sec. 109-219. Evidence. Sec. 109-220. Penalties. Sec. 109-221. Enforcement. Secs. 109-222—109-240. Reserved.

Article IX. Pet Solid Waste Sec. 109-241. Purpose. Sec. 109-242. Definitions. Sec. 109-243. Requirement for disposal. Sec. 109-244. Enforcement. Sec. 109-245. Violations and penalties. Secs. 109-246—109-250. Reserved.

Article X. Private Decentralized Wastewater Systems Sec. 109-251. General provisions.

ARTICLE I. IN GENERAL

Secs. 109-1—109-18. Reserved.

ARTICLE II. FLOODPLAIN MANAGEMENT/FLOOD DAMAGE

PREVENTION*