Code Enforcement - Local Government

SOLUTION:

The Georgia Department of Community Affairs developed a code enforcement package– consisting of model ordinances for the adoption of administrative and enforcement procedures, job qualifications for enforcement personnel, and a model fee schedule– to assist jurisdictions in enforcing the State of Georgia’s mandatory and permissive codes.

The State of Georgia’s building codes system consists of eight mandatory codes, which must be followed for any structures built in the state, and six permissive codes, which localities may adopt at their discretion. The mandatory codes are:

• Standard Building Code
• National Electrical Code
• Standard Gas Code
• Standard Mechanical Code
• CABO One-and-Two Family Dwelling Code
• Georgia State Energy Code for Buildings
• Standard Plumbing Code
• Standard Fire Prevention Code

The permissive codes are the Standard Housing Code, Standard Amusement Device Code, Excavation and Grading Code, Standard Existing Buildings Code, Standard Swimming Pool Code, and the Standard Unsafe Building Abatement Code.

Localities do not have to adopt the mandatory codes in order to enforce them, and have the discretion to enforce any or all of the codes. In regards to the permissive codes, however, a locality must adopt the code through municipal ordinance in order to enforce its provisions.

The problem that the Model Code Enforcement Package seeks to remedy is that a local jurisdiction that wants to enforce either the mandatory or permissive codes must develop administrative procedures to accomplish the task. Various localities were passing ineffective, inadequate ordinances that hindered proper code enforcement. As a result, the Department of Community Affairs assembled model ordinances and administrative procedures that, when adopted by a locality, would provide an efficient means for enforcing these building codes.

The Model Code Enforcement Package consists of five documents: a general code enforcement ordinance, an administrative procedures adoption ordinance, a set of model administration and enforcement procedures, a sample enforcement personnel qualifications sheet, and a sample fee schedule for permits. The two ordinances are examples of general enabling laws that a locality would use in empowering itself to enforce code provisions. The model administration and enforcement procedures provide extensive guidelines for enforcing the codes, empowering a building official, issuing permits, performing inspections, appealing enforcement decisions, and penalizing offenders. The personnel qualifications sheet outlines suggested duties and required backgrounds for building officials and inspectors, and the fee schedule suggests common charges for various permitting and inspection functions.

A jurisdiction that utilizes the entire enforcement package can build a local code enforcement bureau from the ground up. Jurisdictions that use the package are also assured that they are adopting a comprehensive list of state-approved code enforcement procedures. Additionally, the more jurisdictions that model their ordinances and procedures after the package, the more uniform code enforcement will be throughout the State of Georgia.

• Not quantified.

• The program increases productivity and reduces time and complexity;
• Improves the relationship between state and local government;
• Comprehensive and well-planned package of code enforcement information for smaller jurisdictions;
• Gives a solid footprint of administrative requirements to be enforced throughout the state;
• Provides for local amendments and enforcement.

• Adoption of a permissive code reduces uniformity statewide

The Streamlining Committees designated this program as a streamlined tool with the following modifications:

• The program should be considered as a statewide model for states with strong home rule and a desire for consistent codes. Coordination with the fire marshal is a necessity.
• The program’s reference to the use of a specific construction code to be adopted should be removed for applicability throughout the country.

IMPLEMENTATION:

The development of the model code enforcement package was made possible through administrative action of the State of Georgia’s Department of Community Affairs.

FOR MORE INFORMATION OR ASSISTANCE IN CONSIDERING THE USE OF THIS MODEL, PLEASE CONTACT:

Andrea Lanier
Manager, Construction Codes
Georgia Department of Community Affairs
60 Executive Park South, NE
Atlanta, GA 30329-2231
Phone: (404) 679-3106
FAX: (404) 679-0646
Email: alanier@dca.state.ga.us

Or NCSBCS STAFF:
Carolyn Fitch
National Conference of States on Building Codes and Standards
505 Huntmar Park Drive, Suite 210
Herndon, VA 20170
Phone: (703) 437-0100
FAX:    (703) 481-3596
Email: cfitch@ncsbcs.org