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HB 151 - Building codes; compliance; prof engineers perform inspections

Westmoreland, Lynn A (104th)	Jones, Vernon A (71st)	Brown, Jeff (130th)
Trense, Sharon (44th)	Cash, J. Steven (108th)	Watson, Stanley (70th)

Status Summary	HC:	Ind	SC:	DS&T	FR:	01/25/99	LA:	04/19/00	Signed by Governor

First Reader Summary

A BILL to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, so as to provide that registered professional engineers may conduct inspections to determine code compliance; and for other purposes.

HB 151                                              HB 151/AP 
 
      H. B. No. 151 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Westmoreland of the 104th, Jones of the 
      71st, Brown of the 130th, Trense of the 44th, Cash of the 
      108th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 8-2-26 of the Official Code of Georgia 
  1- 2  Annotated, relating to the enforcement of state minimum 
  1- 3  standard codes applicable to construction, so as to provide 
  1- 4  that registered professional engineers may conduct 
  1- 5  inspections to determine code compliance if the governing 
  1- 6  authority of a county or municipality cannot provide 
  1- 7  inspection services within two business days following a 
  1- 8  valid written request; to provide for the extent of such 
  1- 9  inspections; to provide for requirements relative to permit 
  1-10  fees and other charges; to provide for the filing of 
  1-11  inspection reports; to provide for the effect of such 
  1-12  inspections; to authorize local governing authorities to 
  1-13  impose prequalification requirements on registered 
  1-14  professional engineers who conduct inspections; to provide 
  1-15  for related matters; to provide an effective date; to repeal 
  1-16  conflicting laws; and for other purposes. 
 
  1-17       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-18                           SECTION 1. 
 
  1-19  Code Section 8-2-26 of the Official Code of Georgia 
  1-20  Annotated, relating to the enforcement of state minimum 
  1-21  standard codes applicable to construction, is amended by 
  1-22  adding at the end thereof a new subsection (f) to read as 
  1-23  follows: 
 
  1-24      "(f)(1) If a governing authority of a county or 
  1-25      municipality cannot provide inspection services within 
  1-26      two business days of receiving a valid written request 
  1-27      for inspection, then, in lieu of inspection by 
  1-28      inspectors or other personnel employed by such governing 
  1-29      authority, any person, firm, or corporation engaged in a 
  1-30      construction project which requires inspection shall 
  1-31      have the option of retaining, at its own expense, a 
  1-32      professional engineer who holds a certificate of 
  1-33      registration issued under Chapter 15 of Title 43, and 
  1-34      who is not an employee of or otherwise affiliated with 
 
 
 
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  2- 1      or financially interested in such person, firm, or 
  2- 2      corporation, to provide the required inspection. 
 
  2- 3      (2) Any inspection conducted by a registered 
  2- 4      professional engineer shall be no less extensive than an 
  2- 5      inspection conducted by a county or municipal inspector. 
 
  2- 6      (3) The person, firm, or corporation retaining a 
  2- 7      registered professional engineer to conduct an 
  2- 8      inspection shall be required to pay to the county or 
  2- 9      municipality which requires the inspection the same 
  2-10      permit fees and charges which would have been required 
  2-11      had the inspection been conducted by a county or 
  2-12      municipal inspector. 
 
  2-13      (4) The registered professional engineer shall be 
  2-14      empowered to perform any inspection required by the 
  2-15      governing authority of any county or municipality, 
  2-16      including, but not limited to, inspections for footings, 
  2-17      foundations, concrete slabs, framing, electrical, 
  2-18      plumbing, heating ventilation and air conditioning 
  2-19      (HVAC), or any and all other inspections necessary or 
  2-20      required for the issuance of a certificate of occupancy 
  2-21      by the governing authority of any county or 
  2-22      municipality, provided that the inspection is within the 
  2-23      scope of such engineer's branch of engineering 
  2-24      expertise. 
 
  2-25      (5) The registered professional engineer shall submit a 
  2-26      copy of his or her inspection report to the county or 
  2-27      municipality. 
 
  2-28      (6) Upon submission by the registered professional 
  2-29      engineer of a copy of his or her inspection report to 
  2-30      the local governing authority, said local governing 
  2-31      authority shall be required to accept the inspection of 
  2-32      the registered professional engineer without the 
  2-33      necessity of further inspection or approval by the 
  2-34      inspectors or other personnel employed by the local 
  2-35      governing authority unless said governing authority has 
  2-36      notified the registered professional engineer, within 
  2-37      two business days after the submission of the inspection 
  2-38      report, that it finds the report incomplete or the 
  2-39      inspection inadequate and has provided the registered 
  2-40      professional engineer with a written description of the 
  2-41      deficiencies and specific code requirements that have 
  2-42      not been adequately addressed. 
 
 
 
 
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  3- 1      (7) A local governing authority may provide for the 
  3- 2      prequalification of registered professional engineers 
  3- 3      who may perform inspections pursuant to this subsection. 
  3- 4      No ordinance implementing prequalification shall become 
  3- 5      effective until notice of the governing authority's 
  3- 6      intent to require prequalification and the specific 
  3- 7      requirements for prequalification have been advertised 
  3- 8      in the newspaper in which the sheriff's advertisements 
  3- 9      for that locality are published.  The ordinance 
  3-10      implementing prequalification shall provide for 
  3-11      evaluation of the qualifications of a registered 
  3-12      professional engineer on the basis of the engineer's 
  3-13      expertise with respect to the objectives of the 
  3-14      inspection, as demonstrated by the engineer's 
  3-15      experience, education, and training. 
 
  3-16      (8) Nothing in this subsection shall be construed to 
  3-17      limit any public or private right of action designed to 
  3-18      provide protection, rights, or remedies for consumers." 
 
  3-19                           SECTION 2. 
 
  3-20  This Act shall become effective on July 1, 2000. 
 
  3-21                           SECTION 3. 
 
  3-22  All laws and parts of laws in conflict with this Act are 
  3-23  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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