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HB 150 - Building codes; certain notification; inspector training

Westmoreland, Lynn A (104th)	Jones, Vernon A (71st)	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 Part 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to require counties and municipalities to notify permit holders of the existence of local amendments to state minimum standard codes at the time building permits are issued; and for other purposes.

Code Sections - 8-2-26.1

HB 150                                              HB 150/AP 
 
      H. B. No. 150 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Westmoreland of the 104th, Jones of the 
      71st, Trense of the 44th, Cash of the 108th and Watson of 
      the 70th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Part 2 of Article 1 of Chapter 2 of Title 8 of the 
  1- 2  Official Code of Georgia Annotated, relating to state 
  1- 3  building, plumbing, electrical, and other codes, so as to 
  1- 4  require counties and municipalities to notify permit holders 
  1- 5  of the existence of local amendments to state minimum 
  1- 6  standard codes at the time building permits are issued; to 
  1- 7  require local inspectors to cite with particularity the 
  1- 8  basis for violations of building codes when so requested by 
  1- 9  a permit holder; to define certain terms; to require the 
  1-10  governing authority of a municipality or county which has 
  1-11  adopted provisions for the enforcement of the state minimum 
  1-12  standard codes to post a notice stating whether the local 
  1-13  inspectors possess certain qualifications; to provide for 
  1-14  the contents of such notice; to provide that persons 
  1-15  possessing certain qualifications may conduct inspections to 
  1-16  determine code compliance if the municipal or county 
  1-17  inspectors do not possess such qualifications; to provide 
  1-18  for the extent of such inspections; to provide for 
  1-19  requirements relative to permit fees and other charges; to 
  1-20  provide for the effect of such inspections; to provide for 
  1-21  related matters; to provide an effective date; to repeal 
  1-22  conflicting laws; and for other purposes. 
 
  1-23       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-24                           SECTION 1. 
 
  1-25  Part 2 of Article 1 of Chapter 2 of Title 8 of the Official 
  1-26  Code of Georgia Annotated, relating to state building, 
  1-27  plumbing, electrical, and other codes, is amended in 
  1-28  subsection (c) of Code Section 8-2-25, relating to the 
  1-29  state-wide application of minimum standard codes and the 
  1-30  adoption of amendments to such codes by local governments, 
  1-31  by adding at the end thereof a new paragraph (7) to read as 
  1-32  follows: 
 
  1-33      "(7) At the time of issuing a building permit, the 
  1-34      issuing county or municipality shall notify the holder 
  1-35      of the permit of any local amendments to the state 
 
 
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  2- 1      minimum standard codes which are in effect for that 
  2- 2      county or municipality and that any such amendments are 
  2- 3      on file with the department. A county or municipality 
  2- 4      may satisfy this notice requirement by posting or 
  2- 5      providing a summary of the topic of such local amendment 
  2- 6      or amendments and the address and telephone number of 
  2- 7      the department." 
 
  2- 8                           SECTION 2. 
 
  2- 9  Said part is further amended in Code Section 8-2-26, 
  2-10  relating to the enforcement of state building codes, by 
  2-11  adding at the end thereof a new subsection (f) to read as 
  2-12  follows: 
 
  2-13    "(f) A local inspector, including a fire service employee 
  2-14    enforcing a state or local fire safety standard, who 
  2-15    specifies a code violation noted during an inspection 
  2-16    shall, upon the written request of the permit holder, cite 
  2-17    in writing the particular code book, section, and edition 
  2-18    of the code which is the basis of the violation." 
 
  2-19                           SECTION 3. 
 
  2-20  Said part is further amended by adding a new Code section, 
  2-21  to be designated as Code Section 8-2-26.1, to read as 
  2-22  follows: 
 
  2-23    "8-2-26.1. 
 
  2-24    (a) As used in this Code section, the term: 
 
  2-25      (1) 'CABO' means the Council of American Building 
  2-26      Officials. 
 
  2-27      (2) 'Qualified inspector' means: 
 
  2-28        (A) A person inspecting for compliance with the 
  2-29        Standard Building Code or the building portion of the 
  2-30        CABO One- and Two-Family Dwelling Code who holds a 
  2-31        certification from the SBCCI as a building inspector; 
 
  2-32        (B) A person inspecting for the compliance of 
  2-33        residential buildings with the National Electrical 
  2-34        Code or the electrical portion of the CABO One- and 
  2-35        Two-Family Dwelling Code who holds a certification 
  2-36        from the SBCCI as a residential electrical inspector 
  2-37        or an electrical contractor license from the State 
  2-38        Construction Industry Licensing Board; 
 
  2-39        (C) A person inspecting for the compliance of 
  2-40        nonresidential buildings with the National Electrical 
 
 
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  3- 1        Code who holds a certification from the SBCCI as a 
  3- 2        commercial electrical inspector or an electrical 
  3- 3        contractor license from the State Construction 
  3- 4        Industry Licensing Board; 
 
  3- 5        (D) A person inspecting for compliance with the 
  3- 6        Standard Gas Code who holds a certification from the 
  3- 7        SBCCI as a mechanical inspector or plumbing inspector 
  3- 8        or a conditioned air contractor, journeyman plumber, 
  3- 9        or master plumber license from the State Construction 
  3-10        Industry Licensing Board; 
 
  3-11        (E) A person inspecting for compliance with the 
  3-12        Standard Mechanical Code or the mechanical portion of 
  3-13        the CABO One- and Two-Family Dwelling Code who  holds 
  3-14        a certification from the SBCCI as a mechanical 
  3-15        inspector or a conditioned air contractor license from 
  3-16        the State Construction Industry Licensing Board; 
 
  3-17        (F) A person inspecting for compliance with the 
  3-18        Georgia State Plumbing Code, the Standard Plumbing 
  3-19        Code, or the plumbing portion of the CABO One- and 
  3-20        Two-Family Dwelling Code who holds a certification 
  3-21        from the SBCCI as a plumbing inspector or a journeyman 
  3-22        plumber or master plumber license from the State 
  3-23        Construction Industry Licensing Board; 
 
  3-24        (G) A person inspecting for compliance any portion of 
  3-25        the CABO One- and Two-Family Dwelling Code who holds a 
  3-26        certification from the SBCCI as a one and two-family 
  3-27        dwelling inspector; 
 
  3-28        (H) A person inspecting for compliance with the 
  3-29        Georgia State Energy Code for Buildings who has 
  3-30        completed eight hours of training that is conducted or 
  3-31        approved by the department; or 
 
  3-32        (I) A person inspecting for compliance with any of the 
  3-33        codes listed in subparagraphs (A) through (H) of this 
  3-34        paragraph who holds a certificate of registration as a 
  3-35        professional engineer issued under Chapter 15 of Title 
  3-36        43 and is practicing within the scope of his or her 
  3-37        branch of engineering expertise while conducting such 
  3-38        inspection. 
 
  3-39      (3) 'SBCCI' means the Southern Building Code Congress 
  3-40      International. 
 
  3-41      (4) 'State Construction Industry Licensing Board' means 
  3-42      that board created pursuant to Code Section 43-14-3. 
 
 
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  4- 1    (b) The governing authority of any municipality or county 
  4- 2    which has adopted provisions for the enforcement of the 
  4- 3    state minimum standard codes shall post a notice stating 
  4- 4    whether the personnel employed by that governing authority 
  4- 5    to conduct inspections for compliance with such codes are 
  4- 6    qualified inspectors. Such notice shall separately address 
  4- 7    each minimum standard code enumerated in subdivisions 
  4- 8    (9)(B)(i)(I) through (9)(B)(i)(VII) of Code Section 8-2-20 
  4- 9    and the building, electrical, mechanical, and plumbing 
  4-10    portions of the CABO One- and Two-Family Dwelling Code, 
  4-11    and state whether all personnel assigned to conduct 
  4-12    inspections for the particular code or portion of the code 
  4-13    are qualified inspectors for that code or portion of the 
  4-14    code. 
 
  4-15    (c) If such notice states that not all personnel assigned 
  4-16    to conduct inspections for a particular state minimum 
  4-17    standard code or portion of such code are qualified 
  4-18    inspectors for that code or portion of the code, then the 
  4-19    governing authority may retain qualified inspectors not 
  4-20    employed by the governing authority to conduct 
  4-21    inspections.  If the governing authority does not so 
  4-22    retain qualified inspectors, then any person, firm, or 
  4-23    corporation engaged in a construction project which 
  4-24    requires inspection shall have the option of retaining, at 
  4-25    its own expense, a person who is a qualified inspector for 
  4-26    that code or portion of the code and who is not an 
  4-27    employee of or otherwise affiliated with or financially 
  4-28    interested in such person, firm, or corporation to provide 
  4-29    the required inspection. 
 
  4-30    (d) The person, firm, or corporation retaining a qualified 
  4-31    inspector to conduct an inspection pursuant to this Code 
  4-32    section shall be required to pay to the county or 
  4-33    municipality which requires the inspection the same permit 
  4-34    fees and charges which would have been required had the 
  4-35    inspection been conducted by a county or municipal 
  4-36    inspector. 
 
  4-37    (e) A qualified inspector retained pursuant to this Code 
  4-38    section shall be empowered to perform any inspection 
  4-39    required by the governing authority of any county or 
  4-40    municipality, including but not limited to inspections for 
  4-41    footings, foundations, concrete slabs, framing, 
  4-42    electrical, plumbing, heating ventilation and air 
  4-43    conditioning (HVAC), or any and all other inspections 
  4-44    necessary or required for the issuance of a certificate of 
 
 
 
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  5- 1    occupancy by the governing authority of any county or 
  5- 2    municipality; provided, however, that the qualified 
  5- 3    inspector must possess the qualifications described in 
  5- 4    paragraph (2) of subsection (a) of this Code section for 
  5- 5    the particular type of inspection.  Any inspection 
  5- 6    conducted pursuant to this Code section shall be no less 
  5- 7    extensive than an inspection conducted by a county or 
  5- 8    municipal inspector. 
 
  5- 9    (f) Upon submission by the qualified inspector of a copy 
  5-10    of his or her inspection report to the local governing 
  5-11    authority, said local governing authority shall be 
  5-12    required to accept the inspection of the qualified 
  5-13    inspector without the necessity of further inspection or 
  5-14    approval by the inspectors or other personnel employed by 
  5-15    the local governing authority unless said governing 
  5-16    authority has notified the qualified inspector, within two 
  5-17    business days after the submission of the inspection 
  5-18    report, that it finds the report incomplete or the 
  5-19    inspection inadequate and has provided the qualified 
  5-20    inspector with a written description of the deficiencies 
  5-21    and specific code requirements that have not been 
  5-22    adequately addressed. 
 
  5-23    (g) Nothing in this Code section shall be construed to 
  5-24    apply to inspections for compliance with a state or local 
  5-25    fire safety standard or erosion control standard. 
 
  5-26    (h) Nothing in this Code section shall be construed to 
  5-27    limit any public or private right of action designed to 
  5-28    provide protection, rights, or remedies for consumers." 
 
  5-29                           SECTION 4. 
 
  5-30  This Act shall become effective on July 1, 2000. 
 
  5-31                           SECTION 5. 
 
  5-32  All laws and parts of laws in conflict with this Act are 
  5-33  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
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