Appendix B. Administration of building and technical codes.

101.1.

Scope. The provisions of the chapter shall govern the administration and enforcement of the building, gas, mechanical plumbing, electrical and the one- and two-family dwelling code, as approved by the State of Georgia and adopted by the Henry County board of commissioners, hereinafter referred to as the "technical codes."

101.2.

Title. The provisions of this section shall constitute and be known as the "Appendix B, Administration" when used in conjunction with the technical codes as approved by the State of Georgia and adopted by the Henry County Board of Commissioners.

101.3.

Code remedial.

101.3.1. General. The technical 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 building, 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.

101.3.2 Quality control. Quality control of materials and workmanship is not within the preview of the technical codes except as it relates to the purpose stated herein.

101.3.3 Permitting and inspections. The inspection or permitting of any building, system or plan by the Henry County Building Department, under the requirements of the technical codes, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither the Henry County Building Department nor any employee of same 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.

101.4.

Applicability.

101.4.1. General. Where, in any specific case, different sections of the technical 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.

101.4.2. Building. The provisions of the building code, as approved by the State of Georgia and adopted by the Henry County Board of Commissioners, 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.

101.4.3. Electrical. The provisions of the electrical code, as approved by the State of Georgia and adopted by the Henry County Board of Commissioners, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

101.4.4. Gas. The provisions of the gas code, as approved by the State of Georgia and adopted by the Henry County Board of Commissioners, shall apply to the installation of consumers' 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.

101.4.5. Mechanical. The provisions of the mechanical code, as approved by the State of Georgia and adopted by the Henry County Board of Commissioners, 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.

101.4.6. Plumbing. The provisions of the plumbing code, as approved by the State of Georgia and adopted by the Henry County Board of Commissioners, shall apply to every plumbing installation, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances, when connected to a water or sewerage system and all aspects of a medical system.

101.4.7. One- and two-family dwelling code. The provisions of the one- and two-family dwelling code, as approved by the State of Georgia and adopted by the Henry County Board of Commissioners, shall apply to the construction, addition prefabrication, alteration, repair, use, occupancy and maintenance of detached one- and two-family dwellings and one-family townhouses not more than three (3) stories in height, and their accessory structures.

101.4.8. Federal and state authority. The provisions of the technical 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 technical code 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.

101.4.9. Appendices. To be enforceable, the appendices included in the technical codes must be referenced in the code text or specifically included in the adopting ordinance.

101.4.10. Referenced standards. Standards referenced in the technical codes shall be considered an integral part of the codes without separate adoption. If specific portions of a standard are denoted by code text, only those portions of the standard shall be enforced. Where code provisions conflict with a standard, the code provisions shall be enforced. Permissive and advisory provisions in a standard shall not be construed as mandatory.

101.4.11. Existing structures. The legal occupancy of any structure existing on the date of adoption of the technical codes shall be permitted to continue without change, except as is specifically covered in the technical code, the fire prevention code, property maintenance code or the existing building code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

101.4.11.1.

Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to that required for a new structure without requiring the existing structure to comply with all of the requirements of the Technical Codes, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

102.

Powers and duties of the building official.

102.1.

General. The building official is hereby authorized and directed to enforce the provisions of the technical codes. The building official is further authorized to render interpretations of the technical codes, which are consistent with its spirit and purposes.

102.2.

Right of entry.

102.2.1 Whenever necessary to make an inspection to enforce any of the provisions of the technical 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 the technical codes. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make 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.

102.2.2 When the building official shall have obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having 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 technical codes.

102.3.

Stop work orders.

102.3.1 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 technical 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.

102.3.2 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

102.4.

Revocation of permits.

102.4.1 Misrepresentation of application. The building official may revoke a permit or approval, issued under the provisions of the technical 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.

102.4.2 Violation of code provisions.

1.

The building official or his/her authorized representative may revoke a permit and/or issue a summons for violation of the building code or development code and require the responsible party to appear in the appropriate court of jurisdiction 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 technical codes and the Code of Henry County.

2.

The building official may declare buildings, structures, electrical, gas, mechanical or plumbing systems unsafe as defined in subsection 103.5 and may issue a summons for the violation of the building or safety code and require the responsible party to appear in the appropriate court of jurisdiction to respond to such charges.

3.

The building official or his authorized representative may issue summons as provided for in subparagraph (a) of this section 103.4.2; "such building official or his representative may not nor shall this ordinance be construed to permit or empower any building official to make a physical arrest, carry a firearm or otherwise perform the duties of a sworn and certified/registered law enforcement official.

102.4.3 Violation of zoning provisions.

1.

The building official or his/her authorized representative may withhold a permit on any building or development project if it is determined that the zoning provisions associated with the project have not been fulfilled.

102.5.

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. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Unsafe Building Abatement Code as adopted by the Henry County Board of Commissioners and as approved by chapter 3-17, article V of the Henry County Code.

102.6.

Requirements not covered by code. 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 technical codes, shall be determined by the building official.

102.7.

Alternate materials and methods. The provisions of the technical 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 technical 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.

102.8.

Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the technical codes, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of the technical codes impractical and the modification is in compliance with the intent and purpose of the technical code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.

103.

Permits.

103.1.

Permit application.

103.1.1 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 technical 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.

EXCEPTION: Work exempt from permit. Exemptions from permit requirements of the technical codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the technical codes or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1.

One (1) story detached, portable accessory structures, or portable structures attached to a permitted and approved permanent foundation, located on a residentially zoned lot, used as tool sheds, playhouses and similar uses.

2.

One (1) story detached accessory structures, located on a residentially zoned lot, used as tool sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty (120) square feet (11.15m2).

3.

Fences not over six (6) feet (1,829 mm) high.

4.

Retaining walls which are not over four (4) feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

5.

Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons (18,927 L) and the ratio of height to diameter or width does not exceed two to one (2:1).

6.

Sidewalks and driveways not more than thirty (30) inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route.

7.

Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8.

Temporary motion picture, television and theater stage sets and scenery.

9.

Prefabricated swimming pools accessory to a Group R-3 occupancy, as application in section 101.2, which are less than twenty-four (24) inches (610 mm) deep, do not exceed five thousand (5,000) gallons (19,000 L) and are installed entirely above ground.

10.

Shade cloth structures constructed for nursery or agricultural purposes and not including services systems.

11.

Swings and other playground equipment accessory to one- and two-family dwellings.

12.

Window awnings supported by an exterior wall of Group R-3, as applicable in section 101.2, and Group U occupancies.

13.

Movable cases, counters and partitions not over five (5) feet nine (9) inches (1,753 mm) in height.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approve permanently installed receptacles.

Radio and television transmitting stations: The provisions of the technical codes shall not apply to electrical equipment used for radio and television transmissions, but does apply to equipment and wiring for power supply, the installation of towers and antennas.

Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1.

Portable heating appliance.

2.

Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1.

Portable heating appliance;

2.

Portable ventilation equipment;

3.

Portable cooling unit;

4.

Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code;

5.

Replacement of any part which does not alter its approval or make it unsafe;

6.

Portable evaporative cooler;

7.

Self-contained refrigeration system containing ten (10) pounds (4.54 kg) or less of refrigerant and actuated by motors of one (1) horsepower (746 W) or less.

Plumbing:

The stopping of leaks in drains, water, soil, water or vent pipe; provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspections made as provided in the technical codes.

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or repair the replacement or rearrangement of valves, pipes or fixtures.

103.1.2. Temporary structures. A special building permit for a limited time shall be obtained before the erection of temporary structures such as construction sheds, seats, canopies, tents and fences used in construction work or for temporary purposes such as reviewing stands. Such structures shall be completely removed upon the expiration of the time limit stated in the permit.

103.1.3. 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.

103.1.4. Repairs.

103.1.4.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.

103.1.4.2 Ordinary repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

103.1.5. 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. Such application shall:

1.

Identify and describe the work to be covered by the permit for which application is made.

2.

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

3.

Indicate the use and occupancy for which the proposed work is intended.

4.

Be accompanied by construction documents and other information as required in section 104.2.

5.

State the valuation of the proposed work.

6.

Be signed by the applicant, or the applicant's authorized agent.

7.

Give such other data and information as required by the building official.

103.1.6. Time limitations. An application for a permit for any proposed work shall be deemed to have been abandoned six (6) 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 ninety (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.

103.1.7. Health department approval.

1.

No building permit shall be issued by the building official until the Henry County Health Department shall have approved the proposed water supply and sewage disposal facilities required in connection with the proposed buildings; provided, that in an area served by a public utility for water or for sewage disposal, or both, the health department may elect to waive the requirement for approval. The Henry County Health Department shall either approve or disapprove said water and sewerage facilities within thirty (30) days after the receipt thereof.

2.

Nothing contained in these regulations shall be deemed to prevent the commissioner of health, after study of the site of a proposed use, from requiring for reason of health that all or any portion of such site not be used for the intended purpose or that the minimum lot sizes set forth for the zoning district in which the use will be located be increased with regard to the proposed use; provided that the commissioner of health shall define his decision in writing, with reasons therefor, within thirty (30) days upon being so requested by an applicant for the building permit.

103.2.

Drawings and specifications.

103.2.1 Requirements. When required by the building official, two (2) 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 technical codes. Such information shall be specific, and the technical codes shall 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.

103.2.2 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.

103.2.3 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in the technical codes.

103.2.4 Design professional. 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:

1.

All Group A, E and I occupancies.

2.

Buildings and structures three (3) stories or more high.

3.

Buildings and structures five thousand (5,000) square feet (465m2) or more in area. For all other buildings and structures, the submittal shall bear the certification of the application that some specific state law exception permits its preparation by a person not so registered.

EXCEPTION: Group R3 buildings, regardless of size, shall require neither a registered architect or engineer, nor a certification that an architect or engineer is not required.

103.2.5. 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 resistant wall, floor or partition will be made for electrical, gas, mechanical, plumbing and communication conduits, pipes and systems and also indicate in sufficient detail how the fire integrity will be maintained where required fire resistant floors intersect the exterior walls and where joints occur in required fire resistant construction assemblies.

103.2.6 Site drawings. All applications for a building permit shall be accompanied by a plot or site plan drawn to scale, showing the actual dimensions of the lot to be built upon, the right-of-way of existing roads, the location and size of the proposed building or structure to be erected and of every existing building or structure on the site or lot, the setback lines of the proposed buildings, the location of easements and other such information as may be essential for determining whether the provisions of the ULDC and all county ordinances are being observed. The building official may require a boundary line survey prepared by a qualified surveyor. The building official is authorized to waive or modify the requirements for a site plan when the application for a permit is for alterations or repair or when otherwise warranted. A record of such applications and plot or site plans shall be kept.

103.2.7 Hazardous occupancies. The building official may require the following:

1.

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.

2.

Building floor plan. A building floor plan drawn at 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 of the hazardous materials stored.

103.3.

Examination of documents.

103.3.1 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 technical codes and all other pertinent laws or ordinances.

103.3.2 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspections reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical, or plumbing systems a certification that the structure, electrical, gas, mechanical, or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for the compliance with all provisions of the technical codes and other pertinent laws or ordinances.

103.4.

Issuing permits.

103.4.1 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 technical codes and other pertinent laws and ordinances, and all license fees required by Henry County have been paid, he shall issue a permit to the applicant.

103.4.2 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 technical 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, shall contain the reason for refusal, and shall be issued within ten (10) days after said request.

103.4.3 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 technical codes.

103.4.4 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, until the building official or his designee have confirmed that the structure does not encroach upon 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 except as provided for in the building code or otherwise allowed by the Henry County Department of Transportation.

103.4.5 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

103.5.

Contractor's responsibilities. It shall be the duty of every contractor who shall make contracts for the installation or repairs of building, structure, electrical, gas, mechanical or plumbing systems, for which a permit is required, to comply with state or local rules and regulations concerning licensing and inspections which the applicable governing authority may have adopted.

103.6.

Conditions of the permit.

103.6.1 Permit 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 technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction, or violations of this Code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six (6) months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. Construction is said to have commenced at the time when initial inspection is made prior to the installation of the foundation system. One (1) or more extensions of time, for periods not more than ninety (90) days each, may be allowed for the permit. The extensions shall be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the building official.

103.6.2 Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or 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 signed the affidavit or 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 technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official.

103.6.3 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 (1) set of drawings so reviewed shall be retained by the building official and the other set shall be returned to the applicant. The permit drawings shall be kept at the site of work and shall be open to inspection by the building official or his authorized representatives.

103.6.4 Construction and use to be as stated in application, plans, and permits. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the building official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter.

103.7.

Fees.

103.7.1 Prescribed fees. A permit shall not be issued until the fees prescribed by the board of commissioners 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, has been paid.

103.7.2 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty of one hundred (100) percent of the usual permit fee in addition to the required permit fee, at the discretion of the building official or his deputy.

103.7.3 Accounting. The building official shall keep a permanent and accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the same was paid, along with the date and amount thereof.

103.7.4 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, in accordance with the schedule as established by the applicable governing authority.

103.7.5 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, 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.

103.7.6.

Procedure for contesting permit valuations relating to new construction.

1.

Building permits for new construction are determined by the square footage value established by the International Code Council for the group and type of construction as adopted by the Board of Commissioners.

2.

If an applicant contests the valuation data provided by the most current International Code Council Construction Costs table, the applicant may contest such valuation by submitting at least two of the following documents to the Building Official for consideration:

a.

A copy of the turn-key contract for the construction project, supported by an affidavit as sworn to and executed by the owner and the contractor that the contract accurately reflects the true cost of the completed project;

b.

A bank approved appraisal, prepared no later than twelve months prior to the building permit application, or if no bank appraisal is available, a self-contained appraisal prepared by an appraiser approved by the building official at the applicant's expense; or

c.

Another type of published National or International Valuation Data (other than the valuation data provided by the International Code Council) nationally recognized and used in other jurisdictions in the United States, supporting the value of the completed project.

3.

If the building official finds that the alternative documentation supports the applicant's valuation of the completed project, then, with the approval of the county manager, the building permit fee shall be recalculated based on the alternative valuation data as submitted by the applicant.

4.

If the building official finds that the alternative documentation does not support the applicant's valuation of the completed project, then the building official shall deny the applicant's request and the original permit valuation as initially determined shall prevail. Any applicant aggrieved by any such denial, shall have the right to appeal to the board of commissioners pursuant to the appeal provisions as set forth in U.L.D.C. Section 12.04.00, et seq.

5.

Any applicant who utilizes the procedure set forth herein to contest a permit valuation shall be ineligible to seek or receive building permit fee reductions or waivers under any other practice, policy or resolution of Henry County.

6.

This process shall not be applicable to the calculation or assessment of impact fees.

104.

Inspections.

104.1.

General. Construction or work for which a permit is required shall be subject to inspections by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the technical codes or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of the technical codes or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

104.2.

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 technical codes.

104.3.

Manufacturers and fabrication. 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 technical codes.

104.4.

Inspection service. The building official may make, or cause to be made, the inspections required by section 105. He may accept reports of inspections of recognized inspection services, provided that after investigation he is satisfied as to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service.

104.5.

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.

104.6.

Posting of permit. Work requiring a permit shall not commence until the permit holder of 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.

104.7.

Required inspections. The building official upon notification from the permit holder of 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 codes:

Building:

1.

Foundation inspection: To be made after trenches are excavated and forms erected.

2.

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

3.

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

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, fire blocking 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.

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, fire blocking and bracing is in place and all soil, waste and vent piping is complete, and prior to the 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.

NOTE: See the plumbing code for required tests.

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. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site.

2.

Rough-in inspection: To be made after the roof, framing, fire blocking 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.

Exception: Ground-source heat pump loop systems tested in accordance with the mechanical code, shall be permitted to be backfilled prior to inspection.

Gas:

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. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site.

2.

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.

3.

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.

4.

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, to insure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans.

104.8.

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 inspections.

104.9.

Reinforcing steel and structural frames. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining a release from the building official.

104.10.

Gypsum board or plaster fire protection. In all building where gypsum board or plaster is used for fire protection purposes, the permit holder or his agent shall notify the building official after all lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished and shall not be applied until the release from the building official has been received.

104.11.

Fire-resistant joints and penetrations. The protection of joints and penetrations in required fire-resistant construction assemblies shall not be covered or concealed from view without first obtaining a release from the building official.

104.12.

Energy efficiency inspections. Inspections shall be made to determine compliance with the Georgia State Energy Code and shall include, but not be limited to, inspections for: envelope insulation R and U value, fenestration U value, duct system R value, and HVAC and water heating equipment efficiency.

104.13.

Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of the technical codes and other laws that are enforced by the department of building safety.

104.14.

Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections that are required by the technical codes.

105.

Certificates.

105.1.

Certificate of occupancy.

105.1.1 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 technical codes and other applicable laws and ordinances and released by the building official. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the technical codes or of other ordinances of the jurisdiction.

Said certificate of occupancy may be applied for either coincidently with a building permit or at any time thereafter; provided, however, that no such occupancy, use or change of use shall take place until a certificate of occupancy shall have been issued by the building official.

A record of all certificates of occupancy shall be maintained and a copy shall be furnished upon request to any person. Failure to obtain a certificate of occupancy shall be a violation of this chapter.

105.1.2 Changes in use. Changes in the character or use of an existing structure shall not be made except as specified in the technical codes.

105.1.3 Issing certificate of occupancy. Upon satisfactory completion of construction of a building or structure and installation of electric, gas, mechanical and plumbing systems in accordance with the technical 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 any other information that is deemed necessary in accordance with the provisions of this code. A certificate of occupancy shall be required for any of the following:

1.

Occupancy and use of a building hereafter erected or enlarged.

2.

Change in use of existing buildings to use of a different classification.

3.

Occupancy and use of vacant land, except for raising of crops.

4.

Change in use of land to a different classification, except for the raising of crops.

5.

Any change in use of a nonconforming use.

6.

Development of a mobile home park.

Any final inspection report or a certificate of occupancy issued for any structure shall have noted thereon: "To the best of Henry County's knowledge and belief at the time of inspection, the structure has been erected in substantial compliance with the applicable Technical Codes. Any oversight by the Henry County building inspector shall not excuse violation of any ordinance of Henry County."

105.1.4 Temporary/partial occupancy. A temporary/partial certificate of occupancy may be issued for a period not exceeding six (6) months for a portion or portions of a building, which may safely be occupied prior to final completion of the building.

105.1.5 Correction of code violations after the issuance of the certification of occupancy.

1.

The requirement of a builder, electrical contractor, plumbing contractor, HVAC contractor, owner, individual or other entity who chooses to do business in Henry County shall comply with all technical codes and local ordinances.

2.

After issuance of the certificate of occupancy, the county reserves the right for a period of one (1) year to reinspect a dwelling for latent code violations which existed at the time of the final inspection but were not detected. Any inspection made after the issuance of the certificate of occupancy and before the termination of the one (1) year requirement by Henry County Building Department shall be in response to a written complaint by the owner.

3.

The builder, electrical contractor, plumbing contractor, HVAC contractor, owner, individual or other entity securing the permit shall be responsible for the correction of any code violations by him that are discovered during the period of construction and for a period of one (1) year from the issue date of the certificate of occupancy, excepting routine maintenance, abuse, modification and normal wear and tear.

4.

In responding to a written complaint and upon inspection of the dwelling, should the Henry County Building Official or his authorized representative determine that there exists in any structure covered by the codes, any violations of these codes, the builder, electrical contractor, plumbing contractor, HVAC contractor, owner, individual or other entity obtaining a permit for construction, shall be notified by certified mail of the violations and shall be allowed ten (10) working days from the receipt of the notification to respond to the charge of violations and to meet with the Henry County Building Official or his authorized representative regarding a remedy for the violations. It shall be the responsibility of said principal to ensure that the Henry County Building Department has a current mailing address for the principal on every permit issued. Unless the principal informs otherwise in writing, the address provided on the building permit shall be deemed to be the proper mailing address for notifications under this section. The principal shall have thirty (30) days from the date the notice of violations is received, refused, or returned to correct the violations cited in the notice. Should the principal not correct the violations in a manner satisfactory to the Henry County Building Official or his authorized representative, or, in the judgment of the building official or his authorized representative, have not made satisfactory progress in remedying the violations within this 30-day period, the principal shall be subject to the provisions of section 106.1.6.

5.

The principal may appeal the notice of violation to the Henry County Board of Commissioners to hear and rule on such complaints within twenty (20) days of the receipt of the notice of violation. The appeal must be in writing and filed with the Henry County Building Department. Should the Henry County Board of Commissioners, find the principal in violation of the code and in its judgment the violations are sufficiently serious as to affect the structural integrity or the expected normal service life of the structure or installed systems, or the safety and welfare of any occupants of the structure, the principal shall have thirty (30) days to remedy the violations to the satisfaction of the Henry County Building Official or his authorized representative. Should the principal not correct the violations in a manner satisfactory to the building official or his authorized representative, or, in the judgment of the building official or his authorized representative, have not made satisfactory progress in remedying the violations within this 30-day period, then the principal shall be notified in writing that further actions will be taken in remedying the violations.

105.1.6 Withholding of permits and inspections for previous violations. The building official is authorized to withhold the issuance of building permits or to refuse inspections to any building contractor, or any person authorized to do building under the laws of this Code, until such time as such contractor or person has resolved satisfactorily all outstanding violations from previously issued permits with the Henry County Building Department.

105.2.

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.

105.3.

Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of the technical codes wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of the technical codes.

105.4.

Service utilities.

105.4.1 Connecting of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system which is regulated by the technical codes for which a permit is required, until released by the building official and a certificate of occupancy or completion is issued.

105.4.2 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.

105.4.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the technical 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.

105.5.

Posting floor loads.

105.5.1 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.

105.5.2 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.

105.5.3 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 of 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.

106.

Tests. The building official may require tests or 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.

107.

Severability. In any section, subsection, sentence, clause or phrase of this code is for any reason held to be unlawful and or unconstitutional; such decision shall not affect the validity of the remaining portions of this code.

108.

Violations and penalties. Any person, firm, corporation or agent who shall violate a provision of the technical code, 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, structure, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted hereunder, shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the technical code is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by section 12.07.00 of the ULDC.

(Ord. No. 10-11, § I, 10-5-10; Ord. No. 12-03, § I, 2-7-12; Ord. No. 13-07, 6-18-13; Ord. No. 13-08, 7-16-13)