Effect of article on state and local enforcement authorities

The provisions of this article shall be mandatory and binding on the state fire marshal, the Safety Fire Commissioner, and other state officials responsible for state building code, fire code, life safety code, or other construction code enforcement. This article is not mandatory or binding on local enforcement authorities; provided, however, that any local building, fire, life safety, plumbing, electrical, mechanical, or other construction code enforcement authority may apply the applicable provisions of this article to any existing building whenever the local governing authority has adopted this article by reference and whenever such local code enforcement authority determines the need to utilize compliance alternatives to any provisions of the rules, regulations, codes, or standards he or she is empowered to interpret, apply, or enforce under authority of any state law or local ordinance. This article is a tool for use of code enforcement authorities to use as deemed appropriate in attempting to resolve problems encountered while enforcing codes and standards with regard to existing buildings and structures. Enforcement authorities should advise appropriate appeals boards of the provisions, purposes, and intent of this article. History. Code 1981, § 8-2-203, enacted by Ga. L. 1984, p. 1160, § 1. 937 8-2-205 8-2-204. Alteration or repair without total compliance with new construction requirements. The provisions of this article shall require any state code enforcement authority and shall permit any authorized local code enforcement authority to permit the repair, alteration, addition, or change of use or occupancy of existing buildings without total compliance with any state or local rule, regulation, code, or standard for new construction requirements under the following general conditions: (1) All noted conditions hazardous to life, based on the provisions of applicable state and local standards or codes for existing buildings, shall be corrected to a reasonable and realistic degree as set forth in this article, with specific attention to Code Sections 8-2-214 through 8-2-219; (2) The existing building becomes the minimum performance standard; and (3) The degree of compliance of the building after changes must not be below that existing before the changes. Nothing in this article will require nor prohibit compliance with requirements more stringent than those provided in this article. History. Code 1981, § 8-2-204, enacted by Ga. L. 1984, p. 1160, § 1. 8-2-205. Identification and correction of certain conditions or defects. With reference to existing buildings, authorized enforcement authorities should give special attention to the conditions or defects described in this Code section in accordance with the provisions of Code Section 8-2-204, so as to assure any such conditions or defects are identified and corrected as deemed appropriate by the enforcement authority having jurisdiction based on applicable state and local codes and through the utilization of appropriate compliance alternatives: (1) Structural. Any building or structure or portion thereof which is in imminent danger of collapse because of but not limited to the following factors: (A) Dilapidation, deterioration, or decay; (B) Faulty structural design or construction; (C) The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; or (D) The deterioration, decay, or inadequacy of the foundation; (2) Number of exits. Less than two approved independent, 938 8-2-207 remote, and properly protected exit ways serving every story of a building, except where a single exit way is permitted by the applicable state or local fire or building code or life safety code; (3) Capacity of exits. Any required door, aisle, passageway, stairway, or other required means of egress which is not of sufficient capacity to provide for the population of the portions of the building served and which is not so arranged as to provide safe and adequate means of egress to a place of safety; and (4) Mechanical systems. Utilities and mechanical systems not in conformance with the codes in effect at the time of construction of a building which create a serious threat of fire or threaten the safety of the occupants of the building. History. Code 1981, § 8-2-205, enacted by Ga. L. 1984, p. 1160, § 1. 8-2-206. Consideration of compliance alternatives.