Title 8 — Buildings and Housing

(a) When a Certificate of Permanent Location has been properly filed with the clerk of superior court, a certified copy of the Certificate of Permanent Location is properly filed with the commissioner, and the certificate of title is surrendered, the home shall become for all legal pur…

Duties, §8-2-186. Conditions for removal, §8-2-184. Contents, §8-2-184. Filing, §8-2-185. Recordation, §8-2-185. Citation of title, §8-2-130. Civil penalties, §§8-2-141, 8-2-143. Injunctive relief, §8-2-141. Clerk of superior court. Certificate of destruction. Filing requirements,…

(a) When a home which has previously become real property has been or is to be destroyed, the owner of the real property and the holders of all security interests therein shall execute and file a Certificate of Destruction: (1) With the commissioner; and (2) In the real estate reco…

A manufactured home which constitutes real property shall not be subject to Article 10 of Chapter 5 of Title 48 but shall instead be taxed as real property and a part of the underlying real estate. History. Code 1981, § 8-2-190, enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p…

Installation standards for construction, §§8-2-160 to 8-2-171. HOUSING. Blighted areas. Clearance and rehabilitation of blighted areas, §§8-4-1 to 8-4-12. Clearance and rehabilitation of blighted areas, §§8-4-1 to 8-4-12. 1149 INDEX HOUSING —Cont’d Disabled persons. Discriminatio…

The purposes of this part are as follows: (1) To promote greater efficiency in residential and commercial water use and preserve the natural resources of this state; (2) To reduce consumer water and energy costs by reducing indoor water use, reducing the need for new water suppli…

As used in this part, the term: (1) “Board” means the Board of Community Affairs. 843 8-2-20 (2) “Commissioner” means the commissioner of community affairs. (3) “Department” means the Department of Community Affairs. (4) “Exempted building” means any of the following: (A) Any bui…

This article shall be known and may be cited as “The Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings.” History. Code 1981, § 8-2-200, enacted by Ga. L. 1984, p. 1160, § 1. 8-2-201. Purpose and applicability of article.

(a) It is a purpose of this article to encourage the sensitive rehabilitation, restoration, stabilization, or preservation of existing buildings throughout this state and to encourage the preservation of buildings and structures deemed to be historic in total or in part; provided…

As used in this article, the term: (1) “Enforcement authority” means the Safety Fire Commis936 8-2-203 sioner, the state fire marshal, local building officials, local fire marshals, or any other state or local officials responsible for the implementation, application, or enforcemen…

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 o…

New construction requirements. Alteration or repair without total compliance, §8-2-204. Purpose of article, §8-2-201. Reduction or removal of features, §8-2-215. Rules promulgation, §8-2-220.

Code Sections 8-2-207 through 8-2-211 contain generally acceptable compliance alternatives illustrating principles which shall be applied to the rehabilitation of existing buildings by state enforcement authorities and which may be applied by authorized local enforcement authorit…

Compliance alternatives for an inadequate number of exits include, but are not limited to, the following: (1) Provide connecting fire-exit balconies acceptable to the enforcement authority between buildings; (2) Provide alternate exit or egress facilities leading to safety outside…

Code 1981, § 8-2-210, enacted by Ga. L. 1984, p. 1160, § 1. 8-2-211. Compliance alternatives for lack of required protection of openings in exterior walls. Compliance alternatives for a lack of required protection of openings in exterior walls where a fire exposure is a risk inclu…

Enforcement of the state minimum standard codes provided for in divisions (9)(A)(i) and (9)(B)(i) of Code Section 8-2-20 shall not include enforcement of appendices to such codes except when: (1) Any provision of an appendix is specifically referenced in the code text; (2) An appe…

Purpose and applicability of article. Definitions. Effect of article on state and local enforcement authorities. Alteration or repair without total compliance with new construction requirements. Identification and correction of certain conditions or defects. Consideration of compli…

Whenever action is taken on any existing building to repair, make alterations, or change the use or occupancy of an existing structure and, when said action proposes the use of compliance alternatives, the authorized enforcement authority shall ensure that at least one copy of th…

Where an existing building or structure falls within the jurisdiction 941 8-2-215 of both state level and local level enforcement authorities, the final review of any part of the project which is under the jurisdiction of both such enforcement authorities shall occur with the stat…

Additions to an existing building shall comply with the applicable requirements of state and local laws, rules, regulations, codes, and standards for new construction. Such additions shall not impose loads either vertical or horizontal which would cause the existing building to b…

Short title, §8-2-200. State and local enforcement authorities. Effect of article, §8-2-203. Title of act, §8-2-200. Total change in use or occupancy, §8-2-217. BUILDING CODES —Cont’d Application of building and fire related codes to existing buildings —Cont’d Unenclosed or improp…

The legal use and occupancy of any building or structure may be continued without change, except as may be provided otherwise by this article or as may be legally provided for by any applicable state or local law, ordinance, rule, regulation, code, or standard. History. Code 1981…

(a) A total change in the use or occupancy of an existing building which would cause a greater hazard to the public shall not be made unless such building is made to comply with the requirements of the applicable state and local rules, regulations, codes, and standards for the ne…

(a) If a portion of a building is changed to a new use or occupancy and that portion is separated from the remainder of the building with vertical or horizontal fire separations complying with applicable state or local rules, regulations, codes, or standards or with compliance alt…

Any proposed change in the use or occupancy of an existing building or portion thereof which could increase the floor loading should be investigated by a Georgia registered professional engineer to determine the adequacy of the existing floor system to support the increased loads. …

The Safety Fire Commissioner shall promulgate reasonable rules and regulations to implement and carry out the requirements of this article. History. Code 1981, § 8-2-220, enacted by Ga. L. 1984, p. 1160, § 1. 8-2-221. Appeals of rulings or decisions.

Should any person, firm, corporation, or other entity be dissatisfied with any ruling or decision of the state fire marshal pursuant to the provisions of this article, the right is granted to appeal within ten days to the Commissioner. If the person, firm, corporation, or other entit…

Building and fire related codes. Application to existing buildings. Capacity of exits. Identification and correction of certain defects, §8-2-205. Excessive travel distances to approved exit. Compliance alternatives, §8-2-208. Number of exits. Compliance alternatives for inadequate…

Private professional providers to complete plan review, §8-2-26. Plan review procedures, §8-2-26. Powers of department generally, §8-2-29. Private permitting review and inspection. Circumstances where applicant has option to retain private professional provider to review or inspe…

State building, plumbing, electrical, etc., codes. Review of tall mass timber provisions of international building code, §8-2-23. Variances. Application of building and fire related codes to existing buildings. Compliance alternatives generally, §§8-2-206 to 8-2-212. BUILDINGS AND…

(a) The governing body of any municipality or county adopting any state minimum standard code shall have the power: (1) To adopt by ordinance or resolution any reasonable provisions for the enforcement of the state minimum standard codes, including procedural requirements, provis…

(a) As used in this Code section, the term: (1) “ICC” means the International Code Council. (2) “Qualified inspector” means: (A) A person inspecting for compliance with the International Building Code or the building portion of the International Residential Code for One- and Two-F…

International energy conservation code. Applicability of code to exempted buildings, §8-2-27. Existing buildings. Application of building and fire related codes to, §§8-2-200 to 8-2-222. Fire sprinklers. Prohibition on requiring in certain dwellings, §8-2-4. Inspectors. Employment…

In addition to any other powers granted by this part, the department shall have the power to: (1) Administer all funds available under this part; (2) Accept any grant of funds made by the United States government or any agency thereof for the purpose of carrying out this part; (3…

(a) On or before July 1, 2012, the department, with the approval of the board, shall amend applicable state minimum standard codes to require the installation of high-efficiency plumbing fixtures in all new construction permitted on or after July 1, 2012. (b) As used in this Code …

(a) Except as otherwise provided in this Code section, this part shall apply to all installations, alterations, and repairs of plumbing, airconditioning and heating, or electrical systems within or on public or private buildings, structures, or premises. (b) This part shall not a…

(a) Nothing in this part shall repeal or be construed as abrogating or otherwise affecting the power of any state department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable provisions of law. (b) Nothing in this part…

The legislature finds, declares, and determines that Georgia needs an alternative method to resolve legitimate construction disputes that would reduce the need for litigation while adequately protecting the rights of homeowners. The legislature declares that an effective alternati…

As used in this part, the term: (1) “Action” means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim in whole or in part for damages or other relief in connection with a dwelling or common area caused by an alleged construction defect. (2) “Associati…

If a claimant files an action without first complying with the requirements of this part, on application by a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of this part. To the extent that the action include…

(a) In every action subject to this part, the claimant shall, no later than 90 days before initiating an action against a contractor, provide service of written notice of claim on that contractor. The notice of claim shall state that the claimant asserts a construction defect cla…

Neither the state residential and fire building code nor any residential and fire building code adopted by a political subdivision of the state adopted after May 24, 2010, shall include a requirement that fire sprinklers be installed in a single-family dwelling or a residential buil…

(a) If a claimant accepts an offer made in compliance with this part and the contractor fulfills the offer in compliance with this part: (1) The claimant shall thereafter be barred from bringing an action for the claim described in the notice of claim; and (2) A contractor’s perfo…

(a) Upon entering into a contract for sale, construction, or improvement of a dwelling, the contractor shall provide notice to the owner of the dwelling of the contractor’s right to resolve alleged construction defects before a claimant may commence litigation against the contrac…

(a) A person shall not provide or offer to provide anything of value, directly or indirectly, to a property manager of an association or to a member or officer of an association to induce the property manager, member, or officer to encourage or discourage the association to file a…

Definitions. Stays of action for failure to comply. Procedure for actions subject to part. Discovery of additional defects after original notice given. Effect of claimant’s acceptance of settlement; subrogation of insurance. Notice to consumer required. Associations; bribery prohi…

(a) Owners of buildings more than two stories in height, not including the basement, who utilize any level above the second story wholly or partially as a factory or workshop shall provide more than one exit from each story of the building above the second story by stairways on t…

(a) The governing authority of the city where any building covered by Code Section 8-2-50 is situated, or the judge of the probate court of the county if the building is situated outside of any city, shall require the fire marshal or chief officer of the fire department or, if ther…

Municipal authorities, §8-2-53. Noncompliance with requirements, §§8-2-51, 8-2-52, 8-2-54. Providing by building owners, §8-2-50. FIRE PARTITIONS.

The governing authority of any city may, by ordinance, provide that this part shall apply to all buildings within the city limits which are not used as private residences and which are three or more stories in height. History. Ga. L. 1889, p. 168, § 3; Civil Code 1895, § 2624; Ci…