Chapter 8

BUILDINGS AND BUILDING REGULATIONS*
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* Cross References: Industrial Development Authority, § 2-161; erosion and sedimentation control, § 16-26 et seq.; floods, Ch. 18; health and sanitation, Ch. 20; manufactured homes and trailers, Ch. 22; mooring of houseboats at Jaycee River Park Landing, § 24-61; solid waste, Ch. 28; subdivisions, Ch. 30; taxation, Ch. 32.
State Law References: Authority of city or county to provide codes, including building, housing, plumbing and electrical codes, Ga. Const. art. 9, sec. 2, par. 3(12); adoption and continuation of state minimum standard codes, O.C.G.A. § 8-2-21; state-wide application of minimum standard codes, codes requiring adoption by municipality or county, O.C.G.A. § 8-2-25; enforcement of codes, O.C.G.A. § 8-2-26; providing of fire escapes by building owners, O.C.G.A. § 8-2-50; access to and use of public facilities by physically handicapped persons, O.C.G.A. § 30-3-1 et seq.; authority to repair, close or demolish unfit buildings or structures, O.C.G.A. § 41-2-7.
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Article I. In General
Sec. 8-1. Provisions saved from repeal.
Secs. 8-2--8-20. Reserved.

Article II. Number of Buildings
Sec. 8-21. Required.
Sec. 8-22. Records.
Sec. 8-23. Legibility.
Sec. 8-24. Penalty for violation of article.
Secs. 8-25--8-50. Reserved.

Article III. Building Codes and Regulations

Division 1. Generally
Secs. 8-51--8-75. Reserved.

Division 2. Construction Codes
Sec. 8-76. Adopted.
Sec. 8-77. Violation; penalty.
Sec. 8-78. Applicability to homeowners.
Secs. 8-79--8-100. Reserved.

Division 3. Administrative Procedures
Sec. 8-101. Purpose.
Sec. 8-102. Code remedial.
Sec. 8-103. Scope.
Sec. 8-104. Inspections department.
Sec. 8-105. Existing buildings.
Sec. 8-106. Special historic buildings.
Sec. 8-107. Powers and duties of the building inspector generally.
Sec. 8-108. Right of entry.
Sec. 8-109. Stop work order.
Sec. 8-110. Occupancy violations.
Sec. 8-111. Requirements not covered.
Sec. 8-112. Alternate materials and methods of construction.
Sec. 8-113. Permits--Applications.
Sec. 8-114. Same--Drawings and specifications.
Sec. 8-115. Same--Examination of documents.
Sec. 8-116. Action on permits.
Sec. 8-117. Contractors' responsibilities.
Sec. 8-118. Conditions on permit.
Sec. 8-119. Fees.
Sec. 8-120. Inspections.
Sec. 8-121. Additional inspections.
Sec. 8-122. Certificate of occupancy.
Sec. 8-123. Certificate of completion.
Sec. 8-124. Service utilities.
Sec. 8-125. Posting floor loads.
Sec. 8-126. Tests.
Sec. 8-127. Code enforcement appeals board.
Sec. 8-128. Violations; penalties.
Secs. 8-129--8-150. Reserved.

Division 4. Flow Rate Restrictions on Plumbing Fixtures
Sec. 8-151. Purpose.
Sec. 8-152. Definitions.
Sec. 8-153. Standards for fixtures.
Sec. 8-154. Product certification.
Sec. 8-155. Exceptions.
Sec. 8-156. Issuance of citations; violations; penalties.
Sec. 8-157. Fees.
Secs. 8-158--8-300. Reserved.

Article IV. Unfit Buildings and Structures
Sec. 8-301. Definitions.
Sec. 8-302. Duties of owners; appointment of public officer, procedure for determining premises to be unsafe or unhealthful.
Sec. 8-303. Powers of the public officer.
Sec. 8-304. Service of complaints.

ARTICLE I.

IN GENERAL

Sec. 8-1. Provisions saved from repeal.

(a) The provisions of the resolution of 12-8-64 pertaining to the requirement to obtain a building permit are not repealed and shall continue in full force and effect pending the implementation of O.C.G.A. § 8-2-25.

(b) An official copy of the provisions referred to in subsection (a) of this section is on file in the office of the clerk of the board of commissioners.

Secs. 8-2--8-20. Reserved.

ARTICLE II.

NUMBER OF BUILDINGS

Sec. 8-21. Required.

All houses, buildings and structures in unincorporated Wayne County shall be numbered in accordance with a plan designated by the county.
(Ord. of 10-4-93(1), § 1)

Sec. 8-22. Records.

The EMA director shall keep a record showing the proper street number of every house, building and structure in the unincorporated portion of the county which shall be open for inspection by anyone interested.
(Ord. of 10-4-93(1), § 2)

Sec. 8-23. Legibility.

It shall be the duty of the owners and occupants of every house, building and structure of the unincorporated portion of Wayne County to have placed thereon, in a place visible from the street, road or highway, figures at least four inches high and colored differently from the material on which they are mounted, showing the number of the house, building or structure. Should a house, building or structure be located in such a manner that the numbers located on the house, building or structure cannot be seen from the street, road or highway in such manner as to distinguish the number, the owner or occupant shall place a sign or post located at the driveway to the house, building or structure showing the proper way to located the house, building or structure. The sign or post shall have figures of at least four inches high and shall be off the surface between 48 inches and 60 inches.
(Ord. of 10-4-93(1), § 3)

Sec. 8-24. Penalty for violation of article.

Any person failing to so number any house, building or structure owned or occupied by him, shall be subject to a fine of $5.00 for each day during on or which a failure to so number continues.
(Ord. of 10-4-93(1), § 4)

Secs. 8-25--8-50. Reserved.

ARTICLE III.

BUILDING CODES AND REGULATIONS

DIVISION 1.

GENERALLY

Secs. 8-51--8-75. Reserved.

DIVISION 2.

CONSTRUCTION CODES

Sec. 8-76. Adopted.

(a) Enumeration. The following codes, the latest edition as adopted and amended by the State Department of Community Affairs, shall be enforced by the county:

(1) International Building Code (ICC);

(2) National Electrical Code (NFPA);

(3) International Fuel Gas Code (ICC);

(4) International Mechanical Code (ICC);

(5) International Plumbing Code (ICC);

(6) International Residential Code for One-and Two-Family Dwellings (ICC);

(7) International Energy Conservation Code (ICC);

(8) International Fire Code (ICC);

(9) Any other codes deemed appropriate by the board of commissioners for the safety and welfare of the county's citizens.

(b) Additional codes. The latest edition of the following codes, as adopted and amended by the State Department of Community Affairs, are hereby adopted by references as though they were copied fully in the subsection:

(1) Standard Housing Code, including chapter 1, Administration and Appendix;

(2) Standard Swimming Pool Code, including chapter 1, Administration;

(3) Standard Excavation and Grading Code, including chapter 1, Administration;

(4) Standard Unsafe Building Abatement Code, including chapter 1, Administration;

(5) Standard Existing Building Code, including chapter 1, Administration and Appendix; and

(6) Standard Amusement Devise Code, including chapter 1, Administration and Appendix.
(Ord. of 6-5-06(1), § 1)

Sec. 8-77. Violation; penalty.

(a) Any person violating any provision of the various construction codes adopted by this article shall be punished as provided in sections 1-12 of this Code of Ordinances, Wayne County, Georgia.

(b) A conviction of a violation of any provision of the various construction codes adopted by this article shall automatically suspend the business license of the offending contractor. The license may be reinstated by an application to the commissioners upon a showing of good cause.
(Ord. of 6-5-06(1), § 2)

Sec. 8-78. Applicability to homeowners.

Nothing contained in this article shall prevent any homeowner from any construction, alteration or repair, or installing or maintaining electrical wiring within his own property boundaries, provided, such work is done by himself and is used exclusively by him or his family. Such privilege does not convey the right to violate any of the provisions of this article, neither is it to be construed as exempting any such property owner from obtaining a permit and having such work inspected, nor from paying the required fees therefor.
(Ord. of 6-5-06(1), § 3)

Secs. 8-79--8-100. Reserved.

DIVISION 3.

ADMINISTRATIVE PROCEDURES

Sec. 8-101. Purpose.

The purpose of this article is to provide the administration and enforcement of the state minimum standard codes as allowed and adopted in section 8-76. All of the codes adopted in section 8-76 shall be referred to as the "technical codes", as may be adopted by the state or county.
(Ord. of 6-5-06(1), § 4)

Sec. 8-102. Code remedial.

(a) Generally. 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 buildings, 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.

(b) Quality control. Quality control of materials and workmanship is not within the purview of this article, except as it relates to the purpose stated in subsection (a) of this section.

(c) Permitting and inspection. The inspection or permitting of any building, system or plan, under the requirements of this article, shall not be construed in any court as a warranty of the physical condition of such building, system or plan, or their adequacy. The county or any employee thereof shall not 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 thereof which may occur subsequent to such inspection or permitting.
(Ord. of 6-5-06(1), § 5)

Sec. 8-103. Scope.

(a) Generally. In any specific case, where 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.

(b) Building. The provisions of the International Building Code, as amended, 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 building or structure, except in one-family and two-family dwellings.

(c) Electrical. The provisions of the National Electrical Code, as amended, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances thereto.

(d) Gas. The provisions of the International Fuel Gas Code, as amended, shall apply to the installation of consumers' gas piping, gas appliances and related accessories as covered in such code. Such 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, except in one-family and two-family dwellings.

(e) Mechanical. The provisions of the International Mechanical Code, as amended, 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, except in one-family and two-family dwellings.

(f) Plumbing. The provisions of the International Plumbing Code, as amended, shall apply to every plumbing installation, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances and when connected to a water or sewerage system.

(g) Fire prevention. The provisions of the International Fire Code, as amended, shall apply to the construction, alteration, repair, equipment, use and occupancy, location and maintenance of every building or structure, or any appurtenances, connected or attached to such buildings or structures.

(h) Energy. The provisions of the International Energy Conservation Code, as amended, shall regulate the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical, service water heating and illumination systems and equipment that will enable the effective use of energy in new building construction.

(i) Housing. The provisions of the Standard Housing Code, as amended, shall apply to all buildings or portions thereof and all accessory structures or portions thereof located on residential property, used or unused, designed or intended to be used for human habitation or the storage of materials associated with human habitation.

(j) One- and two-family dwellings. The provisions of the International Residential Code for One- and Two-Family Dwellings, as amended, shall apply to the construction, alteration, repair, equipment, use and occupancy, location and maintenance of every one-family or two-family dwelling, or any appurtenances connected or attached to such buildings or structures.

(k) Unsafe Building Abatement Code. The provisions of the Standard Unsafe Building Abatement Code, as amended, shall provide code enforcement personnel with the necessary tools to have dangerous and unsafe buildings repaired or demolished.

(l) Federal and state authority. The provisions of this article 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 this article 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.

(m) Appendices. Appendices referenced in the text of the technical codes shall be considered an integral part of such codes.

(n) References standards. Standards referenced in the text of the technical codes shall be considered an integral part of the codes. If specific portions of a standard are denoted by code text, only those portions of the standard shall be enforced. Where technical 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.

(o) Maintenance. All buildings, structures and electrical, gas, mechanical and plumbing systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical codes when constructed, altered or repaired shall be maintained in good working order. The owner or his designated agent shall be responsible for the maintenance of buildings, structures and electrical, gas, mechanical, and plumbing systems.
(Ord. of 6-5-06(1), § 6)

Sec. 8-104. Inspections department.

There is hereby established a department to be called the inspections department, and the person in charge of such department shall be known as the building inspector. The qualifications for the building inspector and other code enforcement personnel shall be established by the county administrator.

(1) Restrictions on employees. An officer or employee connected with the inspections department, except one whose only connection is as a member of the code enforcement appeals board as established by section 8-127, shall not be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building, structure, service or system, or in the making of plans or specifications thereof, unless he is the owner thereof. Such officer or employee shall not engage in any other work which is inconsistent with his duties or conflicts with the interests of the inspections department.

(2) Records. The building inspector shall keep, or cause to be kept, a record of the business of the inspections department. The records of the inspections department shall be open to public inspection.

(3) Liability. Any officer or employee, or member of the code enforcement appeals board, charged with the enforcement of this article, acting for the applicable governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any such officer, employee or member because of such act performed by him in the enforcement of any provision of this article shall be defended by the county until the final termination of the proceedings.

(4) Reports. The building inspector shall annually submit a report covering the work of the inspections department during the preceding year. He may incorporate in the report a summary of the decisions of the code enforcement appeals board during such year.
(Ord. of 6-5-06(1), § 7)

Sec. 8-105. Existing buildings.

(a) Generally. Alterations, repairs or rehabilitation work may be made to any existing structure, building or electrical, gas, mechanical or plumbing system without requiring the building, structure, or plumbing, electrical, mechanical or gas system to comply with all the requirements of the technical codes, provided the alterations, repair or rehabilitation work conforms to the requirements of the technical codes for new construction.
(Ord. of 6-5-06(1), § 8)

Sec. 8-106. Special historic buildings.

The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration, relocation, or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the building inspector to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. Acceptable alternative solutions and concepts that are described in the Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings (O.C.G.A. § 8-2-200) may be applied by the building inspector when deemed appropriate.
(Ord. of 6-5-06(1), § 9)

Sec. 8-107. Powers and duties of the building inspector generally.

The building inspector is hereby authorized and directed to enforce the provisions of the technical codes. The building inspector is further authorized to render interpretations of the technical codes which are consistent with its intent and purpose.
(Ord. of 6-5-06(1), § 10)

Sec. 8-108. Right of entry.

(a) Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the building inspector has reasonable cause to believe that there exists any condition or code violation in any building or structure or upon any premises which makes such building, structure, premises or electrical, gas, mechanical, or plumbing system unsafe, dangerous or hazardous, the building inspector may enter such building, structure or premises at all reasonable times to inspect it or to perform any duty imposed upon the building inspector by the technical codes, provided that if such building or premises is occupied, he shall first present proper credentials and request entry. If such building, structure or premises is unoccupied, the building inspector shall first make a reasonable effort to locate the owner or other persons having charge or control of such building, structure or premises and request entry. If entry is refused, the building inspector shall have recourse to every remedy provided by law to secure entry.

(b) When the building inspector shall have first obtained a proper warrant or other remedy provided by law to secure entry to a building, structure or premises, no owner or occupant or any other person having charge, care or control of any building, structure or premises, shall fail or neglect, after proper request is made as provided in this section, to promptly permit entry by the building inspector for the purpose of inspection and examination pursuant to this article.
(Ord. of 6-5-06(1), § 11)

Sec. 8-109. Stop work order.

Upon notice from the building inspector, work on any building, structure or 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, his agent or the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building inspector shall not be required to give a written notice prior to stopping the work.
(Ord. of 6-5-06(1), § 12)

Sec. 8-110. Occupancy violations.

Whenever any building or structure, or equipment in such building or structure, regulated by this article is being used contrary to the provisions of this article, the building inspector may order such use discontinued and structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building inspector after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this article.
(Ord. of 6-5-06(1), § 13)

Sec. 8-111. Requirements not covered.

Any requirements necessary for the strength, stability or proper operation of a proposed building, structure or electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this article or the other technical codes shall be determined by the building inspector.
(Ord. of 6-5-06(1), § 14)

Sec. 8-112. Alternate materials and methods of construction.

The provisions of the technical codes are not intended to prevent the use of any material or method of construction not specifically prescribed by such codes, provided, any such alternate material of method of construction has been reviewed by the building inspector. The building inspector shall approve any such alternate material or method of construction, provided, he 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 inspector shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate material or method of construction.
(Ord. of 6-5-06(1), § 15)

Sec. 8-113. Permits--Applications.

(a) When required, exception. Any owner, authorized agent or contractor who desires to construct, a new building or structure, or to erect or install, 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 inspector and obtain the required permit for the work. However, permits shall not be required for the following mechanical work:

(1) Any portable heating appliance;

(2) Any portable ventilation equipment;

(3) Any portable cooling unit;

(4) Any steam, hot or chilled water piping within any heating or cooling equipment regulated by this article;

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

(6) Any portable evaporative cooler;

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

(b) Work authorized. A building, electrical, gas, mechanical or plumbing permit shall carry with it the right to construct or install the work, provided, such construction or installation is shown on the drawings and set forth in the specifications filed with the application for the permit. Where such construction or installation is not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required.

(c) Minor repairs. Ordinary minor repairs may be made without a permit, provided that such repairs shall not violate any of the provisions of the technical codes.

(d) Information required. Each application for a permit, with the required fee, shall be filed with the building inspector on a form furnished for such purpose, and shall contain a general description of the proposed work and its location. The application shall be signed by the owner or his authorized agent. The building permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure, and shall contain such other information as may be required by the building inspector.

(e) Time limitations. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing for the permit, unless a permit has been issued before such time. One or more extensions of times for periods of not more than 90 days each may be allowed by the building inspector for the application, provided, the extension is requested in writing and justifiable cause is demonstrated.
(Ord. of 6-5-06(1), § 16)

Sec. 8-114. Same--Drawings and specifications.

(a) Requirements. When required by the building inspector, two or more copies of specifications and 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 not 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.

(b) Additional data. The building inspector may require details, computations, stress diagrams and other data necessary to describe the construction or installation, and the basis of calculations shall be prepared by an architect or engineer and affixed with his official seal.

(c) Design professional. The design professional shall be an architect or engineer legally registered under the laws of the state regulating the practice or architecture or engineering, and he shall affix his official seal to the drawings, specifications and accompanying data, for the following:

(1) All group A, E and I occupancies.

(2) Buildings and structures which are three stories or more high.

(3) Buildings and structures which are 5,000 square feet (465 m2) or more in area.

Exception: Single-family dwellings, regardless of size, shall not require a registered architect or engineer, nor a certification that an architect or engineer is not required.

(d) 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 resistance wall, floor or partition will be made for electrical, gas, mechanical, plumbing, signal and communication conduits, pipes and systems, and shall also indicate in sufficient detail how the fire integrity will be maintained where required fire resistance floors intersect the exterior walls.

(e) Site drawings. Drawings shall readily identify and definitively locate the proposed building or structure and every existing building or structure on the site or lot.

(f) Hazardous occupancies. The building inspector 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 maximum quantities per hazard class or hazardous materials stored.

(2) Building floor plan. A building floor plan, drawn to 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 quantity range per hazard class of the hazardous materials stored.
(Ord. of 6-5-06(1), § 17)

Sec. 8-115. Same--Examination of documents.

(a) Plan review. The building inspector 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.

(b) Affidavits. The building inspector 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 showing the structural design, and by a statement that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Without any examination or inspection, the building inspector may accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building inspector copies of inspection reports as inspections are performed, and upon completion of the structure, electrical, gas, mechanical or plumbing system 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 inspector 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.
(Ord. of 6-5-06(1), § 18)

Sec. 8-116. Action on permits.

(a) Approval. The building inspector shall act upon an application for a permit without unreasonable or unnecessary delay. If the building inspector is satisfied that the work described in an application for a permit and contract documents filed with such application conform to the requirements of the technical codes and other pertinent laws and ordinances, he shall issue a permit to the applicant.

(b) Refusal to issue. 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 inspector shall not issue a permit, but shall return the contract documents to the applicant with his refusal to issue such permit. Such refusal shall be in writing and shall contain the reason for refusal.

(c) Special foundation permit. When application for permit to erect a building has been filed, and pending issuance of such permit, the building inspector may, at his discretion, issue a special permit for the foundation only. The holder of such permit shall proceed without assurance that the permit for the entire building or structure will be granted.

(d) Public right-of-way. A permit shall not be given by the building inspector for the construction of any building where such building is encroaching on any street, alley or public lane, as provided for in the International Building Code.

(e) Suspension or revocation. The building inspector may, in writing, suspend or revoke a permit issued under the provisions of the technical codes whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of, any ordinance or regulation or any of the provisions of the technical codes.
(Ord. of 6-5-06(1), § 19)

Sec. 8-117. Contractors' responsibilities.

It shall be the duty of every contractor who shall make a contract for the installation of a building, structure or electrical, gas, mechanical, sprinkler or plumbing system, for which a permit is required, to comply with state or local rules and regulations concerning licensing which the applicable governing authority may have adopted. Where the state requires a contractor to obtain a state license before they are permitted to perform work, the contractor shall supply the local government with his license number before receiving a permit for work to be performed.
(Ord. of 6-5-06(1), § 20)

Sec. 8-118. Conditions on permit.

(a) Issuance construed to be license to proceed; commencing of work; extension of time. A permit issued shall be construed to be a license to proceed with the work and not an authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent a building inspector from thereafter requiring a correction of errors in plans, construction or violations of this article. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. One or more extensions of time, for periods of not more than 90 days each, may be allowed for the permit. The extension shall be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the building inspector.

(b) Issuance on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or the work to be covered by a permit involves installation under conditions which, in the opinion of the building inspector, are hazardous or complex, the building inspector shall require that the architect or engineer who signed the affidavit or prepared the drawings or compilations shall supervise such work. In addition, such architect or engineer shall be responsible for conformity with the permit, provide copies of inspection reports as inspections are performed, and, upon completion, make and file a written affidavit with the building inspector that the work has been done in conformity with the reviewed plans and the structural provisions of the technical codes.

(c) Reviewed drawings. When the building inspector issues a permit, he shall endorse, in writing or by stamp, on both sets of plans, "Reviewed for Code Compliance". One set of such reviewed drawings shall be retained by the building inspector and the other set shall be returned to the applicant. The permitted drawings shall be kept at the site of the work and shall be open to inspection by the building inspector or his authorized representative.
(Ord. of 6-5-06(1), § 21)

Sec. 8-119. Fees.

(a) Payment required. A permit shall not by issued until the fees prescribed by the county have been paid. No amendment to a permit shall be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure or electrical, plumbing, mechanical or gas systems has been paid.

(b) When due. On buildings, structures or electrical, plumbing, mechanical and gas systems, a fee for each permit shall be paid, as required, at the time of filing of the application, in accordance with fee schedule as set by county ordinance.

(c) Building permit valuations. In the opinion of the building inspector, if the valuation of a building, alteration, structure or electrical, gas, mechanical or plumbing system appears to be underestimated on the application, the permit shall not be issued until the applicant can show detailed estimates to meet the approval of the building inspector. Permit valuation shall include the total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor.

(d) Refunds. The building inspector may authorize refunding of any fee which was erroneously paid or collected under this section. The building inspector may authorize refunding of not more than 80 percent of the permit fee when no work has been done under a permit issued in accordance with the technical codes. The building inspector shall not authorize refunding of any permit fee paid, except upon written application filed by the original applicant not later than 180 days after the date of the fee payment.
(Ord. of 6-5-06(1), § 22)

Sec. 8-120. Inspections.

(a) Inspections prior to issuance of certificate of occupancy or completion. The building inspector 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 and electrical, gas, mechanical or plumbing system, upon completion, prior to the issuance of the certificate of occupancy or completion.

(b) Posting of permit card. Work requiring a permit shall not commence until the permit holder or his agent posts the permit card in a conspicuous place on the premises. The permit shall be protected from the weather and located in a position so as to permit the building inspector or his representative to conveniently make the required entries on the premises. The permit card shall be maintained in such a position by the permit holder until the certificate of occupancy or completion is issued by the building inspector.

(c) Required inspections. Upon notification from the permit holder or his agent, the building inspector shall make the following inspections:

(1) Building.

a. Foundation inspection, which shall be made after trenches are excavated and forms are erected.

b. Frame inspection, which shall be made after the roof, all framing, fire blocking and bracing are in place and all concealed wiring, pipes, chimneys, ducts and vents are complete.

c. Final inspection, which shall be made after the building is complete and ready for occupancy.

(2) Electrical.

a. Underground inspection, which shall be made after the trenches or ditches are excavated, conduit or cable is installed and before any backfill is put in place.

b. Rough-in inspection, which shall be made after the roof, framing, fire blocking and bracing is in place and prior to the installation of wall or ceiling membranes.

c. Final inspection, which shall 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.

(3) Plumbing.

a. Underground inspection, which shall be made after the trenches or ditches are excavated, piping is installed and before any backfill is put in place.

b. Rough-in inspection, which shall 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.

c. Final inspection, which shall be made after the building is complete, all plumbing fixtures are in place and properly connected and the structure is ready for occupancy.

(4) Mechanical.

a. Underground inspection, which shall be made after the trenches or ditches are excavated, underground duct and fuel piping is installed and before any backfill is put in place.

b. Rough-in inspection, which shall be made after the roof, framing, fire blocking and bracing are in place and all ducts and other concealed components are complete and prior to the installation of wall or ceiling membranes.

c. Final inspection, which shall be made after the building is complete, the mechanical system is in place and properly connected and the structure is ready for occupancy.

(5) Gas.

a. Rough piping inspection, which shall 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.

b. Final piping inspection, which shall 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 concealed and before any fixtures or gas appliances have been connected. Such inspection shall include a pressure test.

c. Final inspection, which shall 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 ensure compliance with all of the requirements of this article and that the installation and construction of the gas system is in accordance with reviewed plans.

(6) Energy.

a. Foundation inspection, which shall be made before slab concrete is poured in place, and verify that perimeter insulation has been installed correctly on any slab on grade foundation, if required.

b. Frame inspection, which shall be made before exterior wall insulation is concealed by wall board, and shall be done to check the installation of exterior wall insulation and inspect that all holes and cracks through the structure envelope have been sealed in an appropriate manner so as to restrict air passage.

c. Final inspection, which shall be made after the building is complete and ready for occupancy, and shall be done to verify installation and R value of ceiling and floor insulation and verify correct SEER ratings on appliances.

(d) Written release. Work shall not be done on any part of a building, structure or electrical, gas, mechanical or plumbing system beyond the point indicated in each successive inspection without first obtaining a written release from the building inspector. 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 inspections as set forth in subsection (c) of this section.

(e) Reinforcing steel, structural frames, insulation, plumbing, mechanical or electrical systems. Reinforcing steel, structural frames, insulation, plumbing and work on any part of any building or structure shall not be covered or concealed without first obtaining a release from the building inspector.

(f) Plaster fire protection. In all buildings where plaster is used for fire protection purposes, the permit holder or his agent shall notify the building inspector after all lathing and backing is in place. Plaster shall not be applied until the release from the building inspector has been received.
(Ord. of 6-5-06(1), § 23)

Sec. 8-121. Additional inspections.

In addition to the inspections in section 8-120, the building inspector may make or require other inspections of any construction work to ascertain compliance with the provisions of this article and other laws which are enforced by the code enforcement agency.
(Ord. of 6-5-06(1), § 24)

Sec. 8-122. Certificate of occupancy.

(a) Building occupancy. A new building shall not be occupied until the building inspector has issued a certificate of occupancy. Such certificate of occupancy 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 inspector.

(b) Issuance. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical codes, reviewed plans and specifications and after the final inspection, the building inspector 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 the allowable load per square foot for each floor in accordance with the provisions of the technical codes.

(c) Temporary/partial occupancy. A temporary/partial certificate of occupancy may be issued for a portion of a building which may safely be occupied prior to final completion of the building.

(d) Revocation. The building inspector may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this section whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when 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.
(Ord. of 6-5-06(1), § 25)

Sec. 8-123. Certificate of completion.

A certificate of completion may be issued upon satisfactory completion of a building, structure or electrical, gas, mechanical or plumbing system. The certificate of completion does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a certificate of occupancy.
(Ord. of 6-5-06(1), § 26)

Sec. 8-124. Service utilities.

(a) Connection. 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 inspector and a certificate of occupancy or completion is issued.

(b) Temporary connection. The building inspector may authorize the temporary connection of a 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.

(c) Authority to disconnect. The building inspector shall have the power to authorize disconnection of utility service to a 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 inspector 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 after such disconnection.
(Ord. of 6-5-06(1), § 27)

Sec. 8-125. Posting floor loads.

(a) Occupancy. A new building shall not be occupied for any purpose which will cause the floors thereof to be loaded beyond a safe capacity. The building inspector 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 be exceeded by such occupancy.

(b) Storage and factory-industrial occupants. The owner, agent, proprietor or occupant of Group S and F occupancies, or any occupancy where excessive floor loading is likely to occur, shall provide certification of the safe load capacity. All such certifications 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.

(c) Signs required. In every building, or part thereof, used for storage, industrial or hazardous purposes, the safe floor loads, as reviewed by the building inspector on the plan, shall be marked on signs, which shall be supplied and securely affixed by the owner of the building in a conspicuous place in each story to which such signs relate. Such signs shall not be removed or defaced, and if they are lost, removed or defaced, they shall be replaced by the owner of the building.
(Ord. of 6-5-06(1), § 28)

Sec. 8-126. Tests.

The building inspector may require tests or test reports as proof of compliance with this chapter. Required tests are to be made by an approved testing laboratory or other approved agency at the expense of the owner or his agent.
(Ord. of 6-5-06(1), § 29)

Sec. 8-127. Code enforcement appeals board.

(a) Created. The code enforcement appeals board (the board) is created, which shall consist of nine members residing within the county who shall be appointed by the commissioners. The board shall consist of at least three persons qualified in the fields of contracting, architecture and/or engineering and other citizens. A quorum shall consist of five members present, and a majority of the members present and voting shall constitute the required vote on pending matters.

(b) Term of office; vacancies; officers; meetings. The term of office for each member of the board shall be for three years, or until a successor is appointed. The original members of the board shall be as follows: three members shall be appointed to serve for one year, three members shall be appointed to serve for two years and three members shall be appointed to serve for three years. After such original board appointments, each appointee shall be appointed to serve for three years. If a vacancy occurs on the board, a person shall be appointed to fill the unexpired term of the person who held such appointment. The board shall elect a chairman and vice-chairman from its members, who each shall serve one year or until he is reelected or a successor is elected. The board shall appoint a secretary who may be an officer or an employee of the county. Meetings of the board shall be held at the call of the chairman or vice-chairman and at such other times as the board may determine when matters are pending over which the board has jurisdiction. If the chairman or vice-chairman is not present, the members present, by majority vote, shall designate one of the members to serve as acting chairman for that meeting. The chairman, or in his absence, the vice-chairman or acting chairman, may administer oaths or compel the attendance of witnesses by subpoena.

(c) Compensation; reimbursement for expenditures. The members of the board shall receive no compensation for service, except they may be reimbursed for out-of-pocket expenditures made in connection with their duties upon proper documentation being submitted to the county manager.

(d) Records. The board shall keep minutes of its proceedings, which shall specify the vote of each member upon each question, or if absent or failing to vote, shall indicate such fact, and shall keep records of its other official actions, all of which shall be filed in the office of the board and shall be a public record.

(e) Authority. The board shall hear and decide upon appeals on ordinances or technical and permissive codes, except the National Electrical Code, where it is alleged there is error in any order, requirement, decision or determination made by the director, department head or other officer or employee administering the code on any matter affecting property which is subject to the procedures over which the board possesses appeal jurisdiction. The board, by resolution, may make recommendations to the commissioners to consider amendments to any ordinance, code or regulation under its jurisdiction to facilitate its administration and operation.

(f) Appeals. Appeals to the board may be taken by any person aggrieved or by an office, department, board or bureau of the governing authority affected by any decision under an ordinance, code or regulation subject to its jurisdiction. Such appeals shall be filed no later than ten days after the date of notification of the decision to be appealed by filing a notice of appeal with the director of the department which rendered the decision and with the secretary of the board, specifying the decision appealed from and the grounds upon which the appeal is based, which notice shall contain the street address and telephone number, if available, for the purposes of mailing and service of matters of and communication with the appellant. In addition, an alternate mailing address may be specified. The director of the department which rendered the decision shall forthwith transmit to the secretary of the board all documents constituting the record upon which the action appealed from was taken. The secretary shall endeavor to distribute copies to the members of the board prior to the scheduled hearing.

(g) Effect of appeal. An appeal shall stay all administrative proceeding in furtherance of the action appealed from unless the director of the department certifies to the board, after the notice of appeal is filed, that by reason of facts stated in the certification, a stay would, in the opinion of the director, cause imminent peril to the health, safety or welfare of persons or property. The director shall cause to be served upon the appellant a copy of any such certificate by certified mail or personal delivery at the address of such person specified on the notice of appeal. In such case of a certification identifying peremptory action by the director, such peremptory action shall not be stayed otherwise than by an order which may be granted by the board at any special called or regular meeting or a restraining order by a court of record in accordance with the Civil Practice Act of Georgia. Any board member may call a special meeting to consider whether to stay the peremptory action with oral or written notice to the appellant not less than five calendar days prior to the meeting, and the notice shall act as a stay of the peremptory action. In no event shall the peremptory action be taken less than five business days after the date of certification.

(h) Notice of hearing. The chairman shall schedule and give notice of a hearing not less than ten days prior to the date upon which the hearing is scheduled, which notice shall specify the time, date and place of the hearing, which shall be held in Wayne County. Notice shall be given to the appellant, the director and any other person who has given notice to the director that such person is an interested party or specifically requests notice of the scheduling of any proceedings. Notice may be transmitted by certified mail or personal delivery.

(i) Calendar. Appeals and applications filed in proper form shall be numbered serially, docketed and placed upon the calendar of the board. The calendar of appeals to be heard, when established and notice having been given, shall be posted conspicuously in the office or place of regular meeting of the board and in the office of the director during the period before the hearing date.

(j) Hearing. At the scheduled date, time and place of a hearing on any appeal, the appellant, any public agency or private individual shall be entitled to present evidence on the matter before the board. The board may request technical service, advice, data or factual evidence from the director of the department which rendered the decision or other departments of the county for assistance in reaching decisions. The board shall establish its own rules pertaining to the conduct of hearings, including such rules of evidence as it may deem proper. The board may grant continuances or postponements of hearings, at its own discretion, upon cause being shown or upon its own motion. The board, by rule, or as to any specific appeal, may establish a time limit for the presentation of the appeal and may allocate time to the appellant, the director and/or other interested parties. Any appellant may represent himself or be represented by counsel or any other agent or person. The board may continue a hearing which has been commenced for the purpose of presentation of additional evidence or making further study or investigation of its own. The board shall cause a tape recording to be made of its proceedings on any appeal. An appellant or any interested party may request that a transcript from the recording be made, and the board may establish a reasonable charge for such transcript. If a party engages a court reporter to transcribe a hearing, the party shall provide a copy of the transcript to the hearing which shall be the record for the board. Evidence shall consist of testimony, documents and such other oral or tangible items as may be presented at the hearing. The secretary of the board shall retain custody of such items for one year, unless otherwise agreed.

(k) Decisions. The decision of the board on any appeal shall be by majority of the members who have attended the hearing. If no majority vote is obtained, the decision appealed from shall be deemed affirmed. The decision shall be in writing, shall contain findings of fact and conclusions, and shall specify the identity of each member voting and the vote cast by that member. The decision shall be dated, and a copy shall be transmitted to the appellant by certified mail, a copy delivered to the director, and a copy retained by the secretary in the permanent records of the board. The decision of the board shall be final, except that a majority of the members of the board who were within the majority of the board who voted in favor of the decision may move to reconsider the decision at any meeting of the board held not later than 30 days after the date of the decision. When any matter is presented to the board for reconsideration, the chairman may determine whether to permit nonboard members to make any statement or other presentation. Upon the adoption of a vote to reconsider, the members of the board in attendance at the meeting at which the reconsideration is adopted may move to reverse, modify or affirm the decision, or schedule a subsequent hearing to permit the appellant, the director and other interested persons to present additional evidence.

(l) Future appeals. No appeal requesting the same relief in regard to the same property shall be received or heard by the board for a period of 12 months following the date of its final decision on such matter, unless the department with jurisdiction has initiated another proceeding against the property and the condition of the property has been altered by repair or other work to cause such property to be secured or improved in a substantive manner.

(m) Retention of records. The secretary of the board shall not be required to retain any records of the board beyond a period of four years.
(Ord. of 6-5-06(1), § 30)

Sec. 8-128. Violations; penalties.

Any person who violates a provision of this article or the technical codes, or fails to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure or electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building or electrical, gas, mechanical or plumbing system in violation of a detailed statement or drawing submitted and permitted under this article or the technical codes, shall constitute a violation of this article. Any person who violates this article, or fails to comply with any of its requirements shall, upon conviction, be punished in accordance with section 1-12 of the Code of Ordinances, Wayne County, Georgia and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing in the section shall prevent the county from taking such other lawful action as is necessary to prevent or remedy any such violation.
(Ord. of 6-5-06(1), § 31)

Secs. 8-129--8-150. Reserved.

DIVISION 4.

FLOW RATE RESTRICTIONS ON PLUMBING FIXTURES

Sec. 8-151. Purpose.

(a) It is the purpose of this division to:

(1) Require the use of ultra-low-flow plumbing fixtures in all new construction or when replacing plumbing fixtures during renovation or remodeling of existing buildings;

(2) Require the certification of existing plumbing fixtures regarding flow rates and serviceability standards;

(3) Promote compliance with state laws for the purpose of conserving water;

(4) Maintain the integrity of drinking water supplies; and

(5) Reduce wastewater flows.
(Ord. of 6-5-06(1), § 32)

Sec. 8-152. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial building means any type of building, other than residential.

Construction means the erection of a new building, or the alteration of an existing building in connection with its repair or renovation or when making an addition to an existing building, and shall include the replacement of a malfunctioning, unserviceable or obsolete faucet, showerhead, toilet or urinal in an existing building.

Plumbing fixture means any toilet, urinal, showerhead, bathroom, lavatory and kitchen faucet and replacement aerators.

Residential building means any building, or unit thereof, intended for occupancy as a dwelling, but shall not include a hotel or motel.

Toilet means any fixture consisting of a water-flushed bowl with a seat, used for the disposal of human waste.

Urinal means any fixture consisting of a water-flushed bowl, used for the disposal of human waste.
(Ord. of 6-5-06(1), § 33)

Sec. 8-153. Standards for fixtures.

No plumbing fixture shall be installed which does not meet the standards listed in this section or the state plumbing code, whichever is stricter, including all plumbing fixtures installed in newly constructed buildings or the replacement of plumbing fixtures during remodeling or renovation of existing buildings, except as noted in section 8-155.

(1) All plumbing fixtures installed, as referred to in this section, shall not exceed the following maximum water use rates:

a. Toilets, 1.6 gallons per flush.

b. Urinals, 1.0 gallons per flush.

c. Showerheads, 2.5 gallons per minute, at 60 psi gauge pressure.

d. Kitchen faucets, 2.5 gallons per minute.

e. Bathroom and lavatory faucets, 2.0 gallons per minute.

(2) The flow restriction device in a showerhead must be a permanent and integral part of the showerhead and must not be removable to allow flow rates in excess of that stated in subsection (1) of this section.

(3) Lavatory faucets located in restrooms intended for use by the general public shall be of the metering or self-closing type, in addition to the flow rate requirement listed in subsection (1) of this section.

(4) The flow rates for all showerheads and kitchen, bathroom and lavatory faucets shall be determined in accordance with ANSI/ASME A112.18.1M-1989 Plumbing Fixture Fittings, as amended, except that maximum flow rates may not exceed the rates stated in subsection (1) of this section.

(5) All toilets and urinals shall be certified to meet the hydraulic performance standards for low consumption water closets specified in ANSI/ASME A112.19.2-1990 Vitreous China Plumbing Fixtures, as amended, and ANSI/ASME A112.19.6-1990 Hydraulic Requirements for Water Closets and Urinals, as amended.
(Ord. of 6-5-06(1), § 34)

Sec. 8-154. Product certification.

The manufacturer of plumbing fixtures shall certify compliance with the standards in section 8-153 by labeling the fixture and packaging as described in this section, and providing, upon request, appropriate certification by an independent national testing organization acceptable to the county building inspector. All toilets, urinals, showerheads or faucets shall be clearly labeled to indicate the maximum flow rate or water usage of the fixture at the specified test pressure. Toilets and urinals shall additionally be labeled ASME A112.19.2M, as prescribed in section 8 of such standard. The label shall be affixed to the fixture and remain there until the proper building and/or plumbing inspections have been conducted. The packaging must be clearly marked to identify water use rates when offered for retail.
(Ord. of 6-5-06(1), § 35)

Sec. 8-155. Exceptions.

Permission for the exceptions listed in this section must be obtained from the building inspector. The following may be exempt from the standards of section 8-153 for new construction and the repair or renovation of an existing building:

(1) Showers and faucets installed for safety purposes, such as emergency eye wash stations, etc.

(2) Plumbing fixtures specifically designed for the physically handicapped.

(3) Fixtures specifically designed to withstand unusual abuse or for installation in a correctional institution which may require more water for proper operation.

(4) Instances of building renovation where significant plumbing modifications would be required to accommodate the low flows or for specialized purposes that cannot be accommodated by existing technology.
(Ord. of 6-5-06(1), § 36)

Sec. 8-156. Issuance of citations; violations; penalties.

Citations for violations of this article may be issued by the building inspector or his authorized representative. Any person violating this article shall be tried before the Magistrate Court, and upon conviction, such person shall be punished as provided in section 1-12 of Code of Ordinances, Wayne County, Georgia.
(Ord. of 6-5-06(1), § 37)

Sec. 8-157. Fees.

The following fees are hereby adopted for all new buildings constructed in the county:

(1) Building permits:

$0.00 to 1,000.00 $75.00 minimum.
$1,000.00 to 15,000.00 $100.00 for first $2,000.00, plus $3.25 per 1,000.00 or fraction thereof, to and including $15,000.00.
$15,001.00 to 50,000.00 $150.00 for first $15,000.00, plus $2.75 for each additional 1,000.00 or fraction thereof, to and including $50,000.00.
$50,001.00 to 100,000.00 $250.00 for first $50,000.00, plus $2.25 for each additional 1,000.00 or fraction thereof, to and including $100,000.00.
$100,001.00 to 500,000.00 $350.00 for first $100,000.00, plus $1.50 for each additional 1,000.00 or fraction thereof, to and including $500,000.00.
$500,001.00 and up $1,000.00 for first $500,000.00, plus $1.00 for each additional 1,000.00 or fraction thereof.

(2) Heating and air condition fees:

$50.00 for the first $1,000.00, plus $2.25 for each additional 1,000.00 or fraction thereof. (Based on contract price)

(3) Plumbing inspection fees:

Fixture . . . . . $ 1.50

Hot water heater . . . . . 2.50

Washing machine fixture . . . . . 1.50

Floor drain . . . . . 1.50

Inspection . . . . . 50.00

(4) Electrical inspection fees:

Outlet or fixture . . . . . $ 0.25

Hot water heater . . . . . 2.50

Panel . . . . . 2.50

New service/service change . . . . . 2.50

Temporary service pole . . . . . 2.50

Motor (per HP) . . . . . 1.75

Inspection . . . . . 50.00

(5) New construction impact fees:

Residential . . . . . $ 250.00

Commercial . . . . . 3,000.00
(Ord. of 6-5-06(1), § 38)

Secs. 8-158--8-300. Reserved.

ARTICLE IV.

UNFIT BUILDINGS AND STRUCTURES

Sec. 8-301. Definitions.

The following words, terms and phrases shall for the purposes of this article and except where the context clearly indicates a different meaning, be defined as follows:

"Applicable codes" means (A) any optional housing or abatement standard or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law relative to the safe use of real property; (B) any fire or life safety code as adopted by ordinance or operation of law; and (C) any building codes or the minimum standard codes adopted by ordinance; provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law.

"County" means Wayne County and the unincorporated territory of the county.

"County clerk" means the duly appointed County Clerk of Wayne County or his/her designee.

"Closing" means the causing of a dwelling, building, or structure to be vacated and secured against unauthorized entry.

"Drug crime" means an act which is a violation of Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act."

"Dwellings, buildings, or structures" means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design; provided, the term "dwellings, buildings, or structures" shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

"Governing authority" means the Board of Commissioners of Wayne County.

"Magistrate court" means the "Magistrate Court of Wayne County, Georgia".

"Owner" means the holder of the title in fee simple and every mortgagee of record.

"Interested parties" means:

(1) Owner;

(2) Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia;

(3) Those parties having filed a notice in accordance with O.C.G.A. § 48-3-9; or

(4) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the Clerk of Superior Court. Interested parties shall not include the holder of the benefit or burden of any easement or right-of-way whose interest is properly recorded which interest shall remain unaffected; and

(5) Persons in possession of said property and premises.

"Public authority" means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the county or state relating to health, fire, or building regulations or to other activities concerning dwelling, buildings, or structures in Wayne County.

"Public officer" means the officer or officers who are authorized by O.C.G.A. §§ 41-2-7, 41-2-8 and 41-2-9 through 41-2-17 and by this article adopted under O.C.G.A. § 41-2-7, et seq. to exercise the powers prescribed by such ordinances or any agent of such officer or officers.

"Repair" means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure.

"Resident" means any person residing in the jurisdiction where the property is located on or after the date on which the alleged nuisance arose.

"O.C.G.A." means the Official Code of Georgia Annotated.
(Ord. of 12-4-06(1), § 1)

Sec. 8-302. Duties of owners; appointment of public officer, procedure for determining premises to be unsafe or unhealthful.

(a) It is the duty of the owner of every dwelling, building, structure, or property within the unincorporated territory of Wayne County to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within the jurisdiction, or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances;

(b) The Board of Commissioners of the County of Wayne appoint and designate the county administrator and his/her designee as public officers to exercise the powers prescribed by this article;

(c) Whenever a request is filed with the public officer by a public authority or by five residents of the unincorporated area of the county charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer shall make an investigation or inspection of the specific dwelling, building, structure, or property. If the officer's investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists and shall cause summons and a copy of the complaint to be served on the interested parties in such dwelling, building, or structure.

(1) Such conditions may include the following without limiting the generality of the foregoing:

a. Defects therein increasing the hazards of fire, accident, or other calamities;

b. Lack of adequate ventilation, light, or sanitary facilities;

c. Dilapidation;

d. Disrepair;

e. Structural defects; and

f. Uncleanliness.

(d) The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the interested parties; state with particularity the factual basis for the action; and contain a statement of the action sought by the public officer to abate the alleged nuisance. The summons shall notify the owner and interested parties that a hearing will be held before the Magistrate Court for the County of Wayne or some other court of competent jurisdiction, at a date and time certain and at a place within the County where the property is located. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The owner and interested parties shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for the hearing;

(e) If, after such notice and hearing, the court determines that the dwelling, building, or structure in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the owner and any interested parties that have answered the complaint or appeared at the hearing an order:

(1) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or

(2) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to demolish and remove such dwelling, building, or structure and all debris from the property.

(f) For purposes of this article, the court shall make its determination of "reasonable cost in relation to the present value of the dwelling, building, or structure" without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve a structure may be considered. Income and financial status of the owner shall not be a factor in the court's determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification as provided in Chapter 39A of Title 43 of the Official Code of Georgia Annotated, qualified building contractors, or qualified building inspectors, without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in this jurisdiction;

(g) If the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by a court order issued pursuant to O.C.G.A. § 41-2-13 or any other equitable relief granted by a court of competent jurisdiction shall not be counted toward the 270 days in which such abatement must commence. The public officer shall cause to be posted on the main entrance of the building, dwelling, or structure a placard with the following words:

"This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful.";

(h) If the public officer has the structure demolished, reasonable effort shall be made to salvage reusable material for credit against the cost of demolition. The proceeds of any monies received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The public officer and governing authority are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials; and

(i) The amount of the cost of demolition, including, all court costs, appraisal fees, administrative costs incurred by the tax commissioner, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred.

(j) The lien provided for in paragraph (i) of this section shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the Office of the Clerk of Superior Court of Wayne County Georgia and shall relate back to the date of the filing of the lis pendens notice required under section 8-304(c) of this article. The lien shall be superior to all other liens on the property, except the liens for taxes to which the lien shall be inferior, and shall continue in force until paid.

(k) Upon final determination of costs, fees, and expenses incurred in accordance with this section, the public officer responsible for enforcement actions in accordance with this article shall transmit to the Wayne County Tax Commissioner a statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the public officer shall be transmitted within 90 days of completion of the repairs, demolition or closure.

(l) The governing authority may waive and release any such lien imposed on the property upon the owner of such property entering into a contract with the county agreeing to a timetable for rehabilitation of the real property or the dwelling, building, or structure on the property and demonstrating the financial means to accomplish such rehabilitation.

(m) Nothing in this article shall be construed to impair or limit in any way the power of the county to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(Ord. of 12-4-06(1), § 2)

Sec. 8-303. Powers of the public officer.

The public officer is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this article, including the following powers in addition to others herein granted:

(1) To investigate the dwelling conditions in the unincorporated area of the county in order to determine which dwellings, buildings, or structures therein are unfit for human habitation or are unfit for current commercial, industrial, or business use or are vacant, dilapidated, and being used in connection with the commission of drug crimes;

(2) To administer oaths and affirmations, to examine witnesses, and to receive evidence;

(3) To enter upon premises for the purpose of making examinations; provided, however, that such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession;

(4) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of the ordinances; and

(5) To delegate any of his functions and powers under the ordinance to such officers and agents as he may designate.
(Ord. of 12-4-06(1), § 3)

Sec. 8-304. Service of complaints.

(a) Complaints issued by the public officer shall be served in the following manner. At least 14 days prior to the date of the hearing, the public officer shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested to all interested parties whose identities and addresses are reasonably ascertainable. Copies of the complaint shall also be mailed by first class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing.

(b) For interested parties whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriff's advertisements appear in such county once a week for two consecutive weeks prior to the hearing.

(c) A notice of lis pendens shall be filed in the Office of the Clerk of Superior Court, Wayne County, Georgia. Such notice shall have the same force and effect as other lis pendens notices provided by law.

(d) Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this article on the owner and any interested party who answers the complaint or appears at the hearing. Any party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings.
(Ord. of 12-4-06(1), § 4)