8-2-1. Legislative findings and intent.

The General Assembly finds that an adequate supply of clean drinking water is a precious and essential resource upon which life depends. The General Assembly further finds that the average annual per capita consumption of potable water due to indoor water-using activities in the United States exceeds 18,000 gallons and that the demand for clean water supplies continues to increase despite the limitations of availability and affordability of such supplies. The General Assembly further finds that technology is available to improve the efficiency of plumbing products.

History. Code 1981, § 8-2-1 , enacted by Ga. L. 1990, p. 1212, § 1.

Editor’s notes.

Ga. L. 1990, p. 1212, § 1, designated the former provisions of this Code section as Code Section 8-2-3.

8-2-2. Purpose of part.

The purposes of this part are as follows:

1. To promote greater efficiency in residential and commercial water use and preserve the natural resources of this state;
2. To reduce consumer water and energy costs by reducing indoor water use, reducing the need for new water supplies and treatment facilities, lowering operation and maintenance costs for water and sewer utilities, and reducing the amount of energy used to heat, treat, and transport water; and
3. To generate consumer awareness of the need to save water and of the savings that can result from the use of efficient plumbing products.

History. Code 1981, § 8-2-2 , enacted by Ga. L. 1990, p. 1212, § 1.

8-2-3. Requirements for toilets, shower heads, faucets, and other high-efficiency plumbing fixtures.

1. On or before July 1, 2012, the department, with the approval of the board, shall amend applicable state minimum standard codes to require the installation of high-efficiency plumbing fixtures in all new construction permitted on or after July 1, 2012.
2. As used in this Code section, the term:
   1. “Construction” means the erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with 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.
   2. “Department” means the Department of Community Affairs.
   3. “Lavatory faucet” means a faucet that discharges into a lavatory basin in a domestic or commercial installation.
   4. “Plumbing fixture” means a device that receives water, waste, or both and discharges the water, waste, or both into a drainage system. The term includes a kitchen sink, utility sink, lavatory, bidet, bathtub, shower, urinal, toilet, water closet, or drinking water fountain.
   5. “Plumbing fixture fitting” means a device that controls and directs the flow of water. The term includes a sink faucet, lavatory faucet, showerhead, or bath filler.
   6. “Pressurized flushing device” means a device that contains a valve that:
      1. Is attached to a pressurized water supply pipe that is of sufficient size to deliver water at the necessary rate of flow to ensure flushing when the valve is open; and
      2. Opens on actuation to allow water to flow into the fixture at a rate and in a quantity necessary for the operation of the fixture and gradually closes to avoid water hammer.
   7. “Toilet” means a water closet.
   8. “Water closet” means a fixture with a water-containing receptor that receives liquid and solid body waste and on actuation conveys the waste through an exposed integral trap into a drainage system and which is also referred to as a toilet.
   9. “WaterSense™” means a voluntary program of the United States Environmental Protection Agency designed to identify and promote water efficient products and practices.
3. The standards related to high-efficiency plumbing fixtures shall include without limitation, the following:
   1. A water closet or toilet that:
      1. Is a dual flush water closet that meets the following standards:
         1. The average flush volume of two reduced flushes and one full flush may not exceed 1.28 gallons;
         2. The toilet meets the performance, testing, and labeling requirements prescribed by the following standards, as applicable:
            1. American Society of Mechanical Engineers Standard A112.19.2-2008; and
            2. American Society of Mechanical Engineers Standard A112.19.14-2006 “Six-Liter Water Closets Equipped with a Dual Flushing Device”; and
         3. Is listed to the WaterSense™ Tank-Type High Efficiency Toilet Specification; or
      2. Is a single flush water closet, including gravity, pressure assisted, and electro-hydraulic tank types, that meets the following standards:
         1. The average flush volume may not exceed 1.28 gallons;
         2. The toilet must meet the performance, testing, and labeling requirements prescribed by the American Society of Mechanical Engineers Standard A112.192/CSA B45.1 or A112.19.14; and
         3. The toilet must be listed to the WaterSense™ Tank-Type High Efficiency Toilet Specification;
   2. A shower head that allows a flow of no more than an average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure;
   3. A urinal and associated flush valve that:
      1. Uses no more than 0.5 gallons of water per flush;
      2. Meets the performance, testing, and labeling requirements prescribed by the American Society of Mechanical Engineers Standard A112.19.2/CSA B45.1;
      3. For flushing urinals, meets all WaterSense™ specifications for flushing urinals; and
      4. Where nonwater urinals are employed, complies with American Society of Mechanical Engineers Standard A112.19.3/CSA B45.4 or American Society of Mechanical Engineers Standard A112.19.19/CSA B45.4. Nonwater urinals shall be cleaned and maintained in accordance with the manufacturer’s instructions after installation. Where nonwater urinals are installed they shall have a water distribution line roughed-in to the urinal location at a minimum height of 56 inches (1,422 mm) to allow for the installation of an approved backflow prevention device in the event of a retrofit. Such water distribution lines shall be installed with shut-off valves located as close as possible to the distributing main to prevent the creation of dead ends. Where nonwater urinals are installed, a minimum of one water supplied fixture rated at a minimum of one water supply fixture unit shall be installed upstream on the same drain line to facilitate drain line flow and rinsing;
   4. A lavatory faucet or lavatory replacement aerator that allows a flow of no more than 1.5 gallons of water per minute at a pressure of 60 pounds per square inch in accordance with American Society of Mechanical Engineers Standard A112.18.1/CSA B.125.1 and listed to the WaterSense™ High-Efficiency Lavatory Faucet Specification; and
   5. A kitchen faucet or kitchen replacement aerator that allows a flow of no more than 2.0 gallons of water per minute.
4. To the extent that the standards set forth in this Code section exceed the National Energy Conservation Policy Act, as amended, and 10 C.F.R. 430.32, the department is directed to petition the Department of Energy for a waiver of federal preemption pursuant to 42 U.S.C. Section 6297(d).
5. The department is directed to amend the applicable state minimum codes so as to permit counties and municipalities to provide by ordinance for an exemption to the requirements of subsection (c) of this Code section, relative to new construction and to the repair or renovation of an existing building, under the following conditions:
   1. When the repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets, or shower heads within such existing building;
   2. When such plumbing or sewage system within such existing building, because of its capacity, design, or installation, would not function properly if the toilets, faucets, or shower heads required by this part were installed;
   3. When such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual’s personal residence; or
   4. When units to be installed are:
      1. Specifically designed for use by persons with disabilities;
      2. Specifically designed to withstand unusual abuse or installation in a penal institution; or
      3. Toilets for juveniles.
6. The ordinances adopted by counties and municipalities pursuant to subsection (e) of this Code section shall provide procedures and requirements to apply for the exemption authorized by said subsection.
7. Any person who installs any toilet, faucet, urinal, or shower head in violation of this Code section shall be guilty of a misdemeanor.
8. Before July 1, 2012, a city, county, or authority shall adopt and enforce the provisions of this Code section in order to be eligible to receive any of the following grants, loans, or permits:
   1. A water or waste-water facilities grant administered by the Department of Natural Resources or the Department of Community Affairs; or
   2. A water or waste-water facilities loan administered by the Georgia Environmental Finance Authority.
9. After July 1, 2012, the sale of a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.28 gallons of water per flush is prohibited in this state.
10. The provisions of this Code section shall not be construed to prohibit counties or municipalities from adopting and enforcing local ordinances which provide requirements which are more stringent than the requirements of this Code section.

History. Ga. L. 1978, p. 914, §§ 1, 2; Ga. L. 1979, p. 776, § 1; Ga. L. 1990, p. 1212, § 1; Ga. L. 1991, p. 987, §§ 1, 2; Ga. L. 1995, p. 1302, § 15; Ga. L. 2010, p. 732, § 8/SB 370; Ga. L. 2010, p. 949, § 1/HB 244.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2010, the subsection (d) designation was added.

Editor’s notes.

Ga. L. 2010, p. 732, § 1/SB 370, not codified by the General Assembly, provides: “The General Assembly recognizes the imminent need to create a culture of water conservation in the State of Georgia. The General Assembly also recognizes the imminent need to plan for water supply enhancement during future extreme drought conditions and other water emergencies. In order to achieve these goals, the General Assembly directs the Georgia Department of Natural Resources to coordinate with its Environmental Protection Division, the Georgia Environmental Facilities Authority [now known as the Georgia Environmental Finance Authority], the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission to work together as appropriate to develop programs for water conservation and water supply.”

8-2-4. Fire sprinklers in single-family dwelling units.

Neither the state residential and fire building code nor any residential and fire building code adopted by a political subdivision of the state adopted after May 24, 2010, shall include a requirement that fire sprinklers be installed in a single-family dwelling or a residential building that contains no more than two dwelling units.

History. Code 1981, § 8-2-4 , enacted by Ga. L. 2010, p. 450, § 1/HB 1196.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2010, “adopted after May 24, 2010,” was substituted for “adopted after the effective date of this Code section” near the middle of this Code section.

8-2-20. Definitions.

As used in this part, the term:

1. “Board” means the Board of Community Affairs.
2. “Commissioner” means the commissioner of community affairs.
3. “Department” means the Department of Community Affairs.
4. “Exempted building” means any of the following:
   1. Any building whose peak design rate of energy usage for heating, cooling, ventilation, and lighting is less than one watt or 3.4 British thermal units (BTUs) per hour per square foot of floor area for all purposes;
   2. Any building which is neither mechanically heated nor mechanically cooled;
   3. Any mobile home; and
   4. Any building owned or leased in whole or in part by the United States.
5. “Exterior envelope” means those elements of a building which enclose conditioned spaces through which thermal energy may be transferred to or from the exterior.
6. “New building” means any building on which final design is commenced after the adoption of the International Energy Conservation Code under this part.
7. “Public building” means any building which is open to the public during normal business hours and is not an exempted building, including the following:
   1. Any building which provides facilities or shelter for public assembly or which is used for educational, office, or institutional purposes;
   2. Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retails merchandise;
   3. Any portion of an industrial plant building used primarily as office space; and
   4. Any building owned by the state or a political subdivision or instrumentality thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas, and university buildings.
8. “Renovated building” means either of the following:
   1. A building undergoing alteration of the exterior envelope; heating, ventilation, and air-conditioning systems; water-heating systems; or lighting systems, for which the aggregate cost of alteration exceeds 10 percent of the assessed value of the building immediately prior to such alteration; or
   2. A building undergoing alteration in the physical configuration or interior space, for which the aggregate cost of alteration exceeds one-fourth of the assessed value of the building immediately prior to such alteration.
9. 1. 1. On and after October 1, 1991, “state minimum standard codes” means the following codes:
         1. Standard Building Code (SBCCI);
         2. National Electrical Code as published by the National Fire Protection Association;
         3. Standard Gas Code (SBCCI);
         4. Standard Mechanical Code (SBCCI);
         5. Georgia State Plumbing Code or the Standard Plumbing Code (SBCCI);
         6. Council of American Building Officials One- and Two-Family Dwelling Code, with the exception of Part V — Plumbing (Chapters 20-25) of said code;
         7. Georgia State Energy Code for Buildings as adopted by the State Building Administrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on September 30, 1991;
         8. Standard Fire Prevention Code (SBCCI);
         9. Standard Housing Code (SBCCI);
         10. Standard Amusement Device Code (SBCCI);
         11. Excavation and Grading Code (SBCCI);
         12. Standard Existing Buildings Code (SBCCI);
         13. Standard Swimming Pool Code (SBCCI); and
         14. Standard Unsafe Building Abatement Code (SBCCI).
      2. The codes provided in division (i) of this subparagraph shall mean such codes as they exist on October 1, 1991, provided that the department, with the approval of the board, may adopt a subsequently published edition of any such code as provided in subsection (b) of Code Section 8-2-23; and provided, further, that any such code may hereafter be amended or revised as provided in subsection (a) of Code Section 8-2-23.
   2. 1. On or after July 1, 2004, “state minimum standard codes” means the following codes:
         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. International Existing Building Code (ICC);
         10. International Property Maintenance Code (ICC); and
         11. Any other codes deemed appropriate by the board for the safety and welfare of Georgia’s citizens.
      2. The codes provided in division (i) of this subparagraph shall mean such codes as they exist on July 1, 2004, provided that the department, with the approval of the board, may adopt a subsequently published edition of any such code as provided in subsection (b) of Code Section 8-2-23; and provided, further, that any such code may hereafter be amended or revised as provided in subsection (a) of Code Section 8-2-23.
   3. References to any standard code in this part shall mean one of the standard codes listed in division (i) of subparagraph (A) or division (i) of subparagraph (B) of this paragraph.
   4. The term “state minimum standard codes” shall specifically not include the Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section 25-2-13 nor shall any state minimum standard code be less restrictive than the Georgia State Fire Code.

History. Ga. L. 1978, p. 2212, § 3; Ga. L. 1980, p. 1316, § 2; Ga. L. 1989, p. 1659, § 1; Ga. L. 1990, p. 1364, § 1; Ga. L. 2004, p. 551, § 1.

Law reviews.

For article, “Administrative Law,” see 63 Mercer L. Rev. 47 (2011).

8-2-21. Adoption and continuation of state minimum standard codes; enforcement of codes.

Enforcement of the state minimum standard codes provided for in divisions (9)(A)(i) and (9)(B)(i) of Code Section 8-2-20 shall not include enforcement of appendices to such codes except when:

1. Any provision of an appendix is specifically referenced in the code text;
2. An appendix to a code is specifically included in an administrative ordinance adopted by a municipality or county; or
3. An appendix to a code is specifically adopted by the department with the approval of the board.

History. Ga. L. 1980, p. 1316, § 3; Ga. L. 1982, p. 3, § 8; Ga. L. 1989, p. 1659, § 2; Ga. L. 2004, p. 551, § 2.

8-2-22. Licensing of trades, professions, and businesses governed by Chapter 14 of Title 43 and rules and regulations of State Construction Industry Licensing Board.

Provisions for licensing trades, professions, and businesses covered by the provisions of this article shall be as determined by Chapter 14 of Title 43 and the rules and regulations of the State Construction Industry Licensing Board created in such chapter.

History. Ga. L. 1980, p. 1316, § 3; Ga. L. 1982, p. 3, § 8; Ga. L. 1989, p. 1659, § 3.

8-2-23. Amendment and revision of codes generally; installation of high-efficiency cooling towers; review.

1. 1. The department, with the approval of the board, may from time to time revise and amend the state minimum standard codes either on its own motion or upon recommendation from any citizen, profession, state agency, or political subdivision of the state. Upon approval by a majority of the board, each such amendment, modification, or new provision shall be held to be in full force and effect as if it were included in the original adopted code. Prior to the adoption of any proposed amendment, modification, or new provision, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” for the adoption of rules. Such public hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department.
   2. Revisions of or amendments to the International Energy Conservation Code shall not become effective without the approval of the Division of Energy Resources of the Georgia Environmental Finance Authority. The department shall consult with the division during the revision or amendment of such code and shall submit such revisions or amendments to the division for approval at least ten days prior to the adoption thereof.
   3. The department shall make copies of amendments to codes available to members of the general public at such price as it deems reasonable to defray the costs of publication and handling. Notice of amendments to or adoption of a new edition of any state minimum standard code which is applicable state wide shall be provided by the department to the chief elected official and the chief building enforcement official of a municipality or county and to the chief fire official of each fire department certified pursuant to Article 2 of Chapter 3 of Title 25 at least ten days prior to the effective date of such amendments.
   4. The revision or amendment of any of the state minimum standard codes shall have reasonable and substantial connection with the public health, safety, and general welfare.
2. 1. The department, with the approval of the board, may adopt a new edition of any state minimum standard code either on its own motion or upon recommendation from any profession, state agency, or political subdivision of this state. Upon approval by a majority of the board, each new code edition shall be held to be in full force and effect as if it was the original adopted code. Prior to the adoption of any new edition of a state minimum standard code, the department shall conduct such public hearings as are required by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” for the adoption of rules. Such public hearings shall be conducted at such places, on such dates, and at such times as may be determined by the department.
   2. Notwithstanding the provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” or any other provision of law, the department shall not be required to make available or to distribute any copies of a new edition of a state minimum standard code adopted by the department.
3. 1. On or before July 1, 2012, the department, with the approval of the board, shall amend applicable state minimum standard codes to require the installation of high-efficiency cooling towers in new construction permitted on or after July 1, 2012.
   2. As used in this subsection, the term “cooling tower” means a building heat removal device used to transfer process waste heat to the atmosphere.
   3. The standards related to high-efficiency cooling towers shall include without limitation the minimum standards prescribed by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1 as adopted and amended by the department.
4. 1. On or after July 1, 2020, the department shall undertake a review of the tall mass timber provisions of the 2021 International Building Code, approved by the International Code Council, for the purpose of considering whether the department, with the approval of the board, shall amend the Georgia state minimum standard codes to include provisions for tall mass timber as contained in the 2021 International Building Code for construction types IV-A, IV-B, and IV-C.
   2. The department shall complete the review provided for in paragraph (1) of this subsection before July 1, 2021.

History. Ga. L. 1969, p. 546, § 5; Ga. L. 1978, p. 2212, §§ 4, 5; Ga. L. 1980, p. 1316, § 4; Ga. L. 1989, p. 1659, § 4; Ga. L. 1994, p. 1108, § 1; Ga. L. 2004, p. 551, § 3; Ga. L. 2010, p. 732, § 9/SB 370; Ga. L. 2010, p. 949, § 1/HB 244; Ga. L. 2020, p. 54, § 1/HB 777.

The 2020 amendment, effective July 1, 2020, added subsection (d).

Cross references.

Powers and duties of Division of Energy Resources generally, § 50-23-32 .

Editor’s notes.

Ga. L. 2010, p. 732, § 1/SB 370, not codified by the General Assembly, provides: “The General Assembly recognizes the imminent need to create a culture of water conservation in the State of Georgia. The General Assembly also recognizes the imminent need to plan for water supply enhancement during future extreme drought conditions and other water emergencies. In order to achieve these goals, the General Assembly directs the Georgia Department of Natural Resources to coordinate with its Environmental Protection Division, the Georgia Environmental Facilities Authority [now known as the Georgia Environmental Finance Authority], the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission to work together as appropriate to develop programs for water conservation and water supply.”

Administrative rules and regulations.

Georgia State Minimum Standards Code, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Chapter 110-11-1.

Law reviews.

For article, “Conservation and Natural Resources,” see 27 Ga. St. U.L. Rev. 185 (2011).

8-2-24. Appointment of advisory committee; reimbursement of members for expenses; use of subcommittees; submittal of proposed amendments, modifications, and new provisions to committee; meeting times of committee.

1. For the purpose of assisting the department in carrying out the provisions of Code Section 8-2-23, the commissioner shall appoint an advisory committee to be composed of 21 members as follows:
   1. The Safety Fire Commissioner or his or her designee as an ex officio member with full voting privileges;
   2. The commissioner of public health or his or her designee as an ex officio member with full voting privileges;
   3. The commissioner of community affairs or his or her designee as an ex officio member with full voting privileges;
   4. One representative of the home-building industry;
   5. One representative of the industrialized building industry;
   6. One representative of the general contracting industry;
   7. One representative of the profession of mechanical engineering;
   8. One licensed architect;
   9. One licensed electrical engineer;
   10. One representative of the manufactured homes industry;
   11. One licensed electrical contractor;
   12. One building material dealer;
   13. One licensed plumbing contractor;
   14. One licensed conditioned-air contractor;
   15. One licensed structural engineer;
   16. Four municipal or county code enforcement officials; and
   17. Two local fire officials.
2. All appointments to the committee shall be for a term of four years; provided, however, that the initial members appointed pursuant to paragraphs (4), (5), (6), (7), (9), (15), (16), and (17) of subsection (a) of this Code section shall be appointed for a term to expire on the same date as the terms of other members. A member shall serve until his or her successor has been duly appointed. The commissioner shall make appointments to fill the unexpired portion of any term vacated for any reason. In making such appointments, the commissioner shall preserve the composition of the committee as required by this Code section. Any appointed member who, during his or her term, ceases to meet the qualifications for original appointment shall thereby forfeit his or her membership on the committee. Membership on the committee shall not constitute public office, and no member shall be disqualified from holding public office by virtue of his or her membership. Each member of the committee shall serve without compensation, but each member of the committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him or her while attending called meetings of the committee.
3. The advisory committee shall be empowered to use subcommittees as it deems necessary to carry out its duties and responsibilities. Members of such subcommittees shall be knowledgeable of the subject matter with which the subcommittee is concerned and shall be appointed by the commissioner upon the recommendation of the advisory committee. Such subcommittee members shall be reimbursed for travel and other necessary expenses while attending subcommittee meetings in the same manner as that of advisory committee members.
4. Any amendments, modifications, or new provisions to the state minimum standard codes, when such are prepared, proposed, or recommended by the department, shall, prior to their submission to the board for approval, be submitted to the advisory committee for review and consideration. The department shall not forward any such amendment, modification, or new provision to the board without a favorable recommendation of a majority of the advisory committee.
5. The advisory committee shall have at least two regular meetings annually and shall meet at other times as determined by the commissioner.

History. Ga. L. 1969, p. 546, §§ 2, 3; Ga. L. 1970, p. 734, § 1; Ga. L. 1971, p. 242, § 1; Ga. L. 1976, p. 651, § 5; Ga. L. 1976, p. 654, §§ 1, 2; Ga. L. 1980, p. 1316, § 4; Ga. L. 1982, p. 698, §§ 1-3; Ga. L. 1989, p. 14, § 8; Ga. L. 1989, p. 1659, § 5; Ga. L. 1997, p. 143, § 8; Ga. L. 2004, p. 551, § 4; Ga. L. 2009, p. 453, § 1-6/HB 228; Ga. L. 2011, p. 705, § 6-5/HB 214; Ga. L. 2015, p. 5, § 8/HB 90; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “Any appointed member” for “Any appointive member” at the beginning of the fifth sentence of subsection (b).

Editor’s notes.

The amendment of this Code section by Ga. L. 1989, p. 14, § 8, was superseded by the amendment by Ga. L. 1989, p. 1659, § 5, which was enacted later.

Law reviews.

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

8-2-24.1. Review of denial of proposed amendment, modification, or new provision to code.

Notwithstanding the provisions of subsection (d) of Code Section 8-2-24, when any party has proposed an amendment, modification, or new provision to a state minimum standard code and the same has not received a favorable recommendation by the advisory committee, the aggrieved party may within 30 days after notification by the department of the advisory committee’s action file an appeal with the board. Not more than 60 days after receiving such appeal, the board shall make a determination whether to deny the appeal or to review the proposed amendment, modification, or new provision and make a determination on the same pursuant to Code Section 8-2-23.

History. Code 1981, § 8-2-24.1 , enacted by Ga. L. 1989, p. 1659, § 6.

8-2-25. State-wide application of minimum standard codes; codes requiring local adoption and more stringent requirements by local governments; adoption of standards for which state code does not exist; exemption for certain farm buildings or structures.

1. On and after July 1, 2004, the state minimum standard codes enumerated in subdivisions (9)(A)(i)(I) through (9)(A)(i)(VIII) and (9)(B)(i)(I) through (9)(B)(i)(VIII) of Code Section 8-2-20 shall have state-wide application and shall not require adoption by a municipality or county. The governing authority of any municipality or county in this state is authorized to enforce the state minimum standard codes enumerated in this subsection.
2. The state minimum standard codes enumerated in subdivisions (9)(A)(i)(IX) through (9)(A)(i)(XIV) and (9)(B)(i)(IX) through (9)(B)(i)(XI) of Code Section 8-2-20 shall not be applicable in a jurisdiction until adopted by a municipality or county. The governing authority of any municipality or county in this state is authorized to adopt and enforce the state minimum standard codes enumerated in this subsection in that subject area which is being regulated by the municipality or county, and a copy of the local ordinance or resolution adopting any such code shall be forwarded to the department in order that such municipality or county may be apprised of subsequent amendments in the state minimum standard code so adopted.
3. 1. In the event that the governing authority of any municipality or county finds that the state minimum standard codes do not meet its needs, the local government may provide requirements not less stringent than those specified in the state minimum standard codes when such requirements are based on local climatic, geologic, topographic, or public safety factors; provided, however, that there is a determination by the local governing body of a need to amend the requirements of the state minimum standard code based upon a demonstration by the local governing body that local conditions justify such requirements not less stringent than those specified in the state minimum standard codes for the protection of life and property. All such proposed amendments shall be submitted by the local governing body to the department 60 days prior to the adoption of such amendment. Concurrent with the submission of the proposed amendment to the department, the local governing body shall submit in writing the legislative findings of the governing body and such other documentation as the local governing body deems helpful in justifying the proposed amendment. The department shall review and comment on a proposed amendment. Such comment shall be in writing and shall be sent to the submitting local government with a recommendation:
      1. That the proposed local amendment should not be adopted, due to the lack of sufficient evidence to show that such proposed local amendment would be as stringent as the state minimum standard codes and the lack of sufficient evidence to show that local climatic, geologic, topographic, or public safety factors require such an amendment;
      2. That the proposed local amendment should be adopted, due to a preponderance of evidence that such proposed local amendment would be as stringent as the state minimum standard codes and a preponderance of evidence that the local climatic, geologic, topographic, or public safety factors require such an amendment; or
      3. That the department has no recommendation regarding the adoption or disapproval of the proposed local amendments, due to the lack of sufficient evidence to show that such proposed local amendment would or would not be as stringent as the state minimum standard codes and the lack of sufficient evidence to show that local climatic, geologic, topographic, or public safety factors require or do not require such an amendment.
   2. The department shall have 60 days after receipt of a proposed local amendment to review the proposed amendment and make a recommendation as set forth in paragraph (1) of this subsection. In the event that the department fails to respond within the time allotted, the local governing body may adopt the proposed local amendment.
   3. In the event that the department recommends against the adoption of the proposed local amendment, a local governing body shall specifically vote to reject the department’s recommendations before any local amendment may be adopted.
   4. No local amendment shall become effective until the local governing body has caused a copy of the adopted amendment to be filed with the department. A copy of an amendment shall be deemed to have been filed with the department when it has been placed in the United States mail, return receipt requested.
   5. Nothing in this subsection shall be construed so as to require approval by the department before a local amendment shall become effective.
   6. The department shall maintain a file of all amendments to the state minimum standard codes adopted by the various municipalities and counties in the state, which information shall be made available to the public upon request. The department may charge reasonable fees for copies of such information. An index of such amendments shall be included in each new edition of a state minimum standard code.
   7. At the time of issuing a building permit, the issuing county or municipality shall notify the holder of the permit of any local amendments to the state minimum standard codes which are in effect for that county or municipality and that any such amendments are on file with the department. A county or municipality may satisfy this notice requirement by posting or providing a summary of the topic of such local amendment or amendments and the address and telephone number of the department.

   (c.1) Notwithstanding subsection (c) of this Code section, no county or municipality shall prohibit the use of wood as a construction material so long as such use conforms to all applicable state minimum standard codes and the Georgia State Fire Code.

4. Except as otherwise provided in subsection (c) of this Code section, building related codes or ordinances dealing with the subjects of historic preservation, high-rise construction, or architectural design standards for which a state minimum standard code does not exist may be adopted by a local jurisdiction following review by the department. The department’s review shall be limited to a determination that the proposed code or ordinance is consistent with the approved state minimum standard codes when common elements exist and is not less restrictive than the requirement of said codes. Changes to all other state minimum standard codes shall be approved only pursuant to the provisions of this Code section regarding local amendments.
5. 1. As used in this subsection, the term:
      1. “Agriculture,” “agricultural operations,” or “agricultural or farm products” has the meaning provided by Code Section 1-3-3.
      2. “Farm” means real property or a portion thereof used for agricultural operations.
      3. “Farm building or structure” means a building or structure that is located on a farm and designed by the USDA Natural Resources Conservation Service (NRCS), not used for residential purposes, not intended primarily for public use, and used primarily for or in connection with agricultural operations for the sole purposes of manure storage and animal mortality composting or winter feeding and following the standards and specifications of NRCS practice codes 313 — Waste Storage Facility and 317 — Composting Facility as detailed in the USDA NRCS Field Office Technical Guide as such existed on January 1, 2011.
   2. Farm buildings or structures shall be exempt from the state minimum standard building codes provided for in subdivisions (9)(B)(i)(I) and (9)(B)(i)(IX) of Code Section 8-2-20 and any amendment thereto adopted by the department pursuant to Code Section 8-2-23 or by a municipality or county pursuant to this Code section.

History. Ga. L. 1969, p. 546, § 5; Ga. L. 1980, p. 1316, § 5; Ga. L. 1982, p. 3, § 8; Ga. L. 1989, p. 1659, § 7; Ga. L. 1990, p. 1364, § 2; Ga. L. 2000, p. 452, § 1; Ga. L. 2004, p. 551, § 5; Ga. L. 2011, p. 352, § 1/HB 223; Ga. L. 2012, p. 775, § 8/HB 942; Ga. L. 2018, p. 919, § 1/HB 876.

The 2018 amendment, effective July 1, 2018, added subsection (c.1).

8-2-26. Enforcement of codes generally; employment and training of inspectors; contracts for administration and enforcement of codes.

1. The governing body of any municipality or county adopting any state minimum standard code shall have the power:
   1. To adopt by ordinance or resolution any reasonable provisions for the enforcement of the state minimum standard codes, including procedural requirements, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration and enforcement of the requirements of the state minimum standard codes;
   2. To provide for inspection of buildings or similar structures to ensure compliance with the state minimum standard codes;
   3. To employ inspectors, including chief and deputy inspectors, and any other personnel necessary for the proper enforcement of such codes and to provide for the authority, functions, and duties of such inspectors;
   4. To require permits and to fix charges therefor;
   5. To contract with other municipalities or counties adopting any state minimum standard code to administer such codes and to provide inspection and enforcement personnel and services necessary to ensure compliance with the codes; and
   6. To contract with any other county or municipality whereby the parties agree that the inspectors of each contracting party may have jurisdiction to enforce the state minimum standard codes within the boundaries of the other contracting party.
2. The commissioner shall be authorized to establish a training program for local inspectors whereby a representative of the department, upon the request of the governing authority of a county or municipality, may visit such county or municipality for the purpose of training the inspectors of such county or municipality in the effective enforcement of any state minimum standard code adopted by such county or municipality. The commissioner may from time to time establish regional training programs whereby the inspectors of several different counties and municipalities may take advantage of the training made available by such regional training programs.
3. No local inspector shall require any person performing work in compliance with a state minimum standard code or variations thereto which are in conformity with the provisions of this part to comply with the standards of any other building code not covered by this part.
4. 1. In lieu of inspection by an inspector or other person employed by the governing authority of any county or municipality, a licensed master plumber or utility contractor shall have the option of installing a water or sewer line according to the alternative inspection procedure described in this subsection where the installation is on private property outside the building underground.
   2. If the master plumber or utility contractor elects to utilize this inspection procedure, he or she shall file with the local inspector:
      1. Notice that the water and sewer line will be installed in accordance with the International Plumbing Code and will be inspected pursuant to the alternative inspection procedure described in this subsection;
      2. A copy of his or her master plumber or utility contractor certificate issued by the State Construction Industry Licensing Board;
      3. A copy of his or her trenching competent person certificate;
      4. A certificate showing that a bond has been filed in accordance with paragraph (2) of subsection (b) of Code Section 43-14-12, except that such bond shall be in the amount of $50,000.00 and issued by a surety rated “A,” “Class VI,” or better by the A. M. Best Company; and
      5. Within five business days after completion of the installation, a sworn certification that the water or sewer line has been installed in accordance with the International Plumbing Code.
   3. The department shall promulgate a standard form notice and a standard form certificate that shall be used to administer this subsection. Local inspectors shall make copies of the standard forms available to contractors.
   4. The master plumber or utility contractor shall be required to pay to the governing authority the applicable permit fee.
   5. Upon submission of the certification required by this subsection, the local governing authority shall be required to accept the inspection without the necessity of further inspection or approval, except that the local governing authority may perform an inspection at any time and may issue a stop-work order if the work is found to be in violation of code requirements.
   6. Any other provision of this subsection notwithstanding, the alternative inspection procedure described in this subsection shall be applicable only to installations on private individual single-family residential property.
5. 1. Any county or municipal building permit issued in this state to a general contractor or homebuilder for residential or commercial construction shall have prominently printed thereon at least one inch apart from any other text on such permit and in type size and boldness equal to or greater than any other type size and boldness in the body of the permit the following:

      “The issuance of this permit authorizes improvements of the real property designated herein which improvements may subject such property to mechanics’ and materialmen’s liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated. In order to protect any interest in such property and to avoid encumbrances thereon, the owner or any person with an interest in such property should consider contacting an attorney or purchasing a consumer’s guide to the lien laws which may be available at building supply home centers.”

   2. Any county or municipal construction permit, including but not limited to mechanical, plumbing, or electrical permits, issued in this state on existing residential or commercial property shall have prominently printed thereon at least one inch apart from any other text on such permit and in type size and boldness equal to or greater than any other type size and boldness in the body of the permit the following:

      “The issuance of this permit authorizes improvements of the real property designated herein which improvements may subject such property to mechanics’ and materialmen’s liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated. In order to protect any interest in such property and to avoid encumbrances thereon, the owner or any person with an interest in such property should consider contacting an attorney or purchasing a consumer’s guide to the lien laws which may be available at building supply home centers.”

   3. Any person or entity which is issued a permit which authorizes improvements to new or existing residential or commercial real property shall be required to:
      1. Post a copy of such permit in a conspicuous place in the vicinity of such property where such improvements are being undertaken; or
      2. Deliver a copy of the permit to the property owner within ten days after the permit is received.
      3. “Regulatory fee” means payments, whether designated as permit fees, application fees, or by another name, that are required by a local government as an exercise of its police power, its regulation of business, and as a part of or as an aid to regulation of construction related activities under this chapter.
      4. “Regulatory requirements” means the requirements determined by a county or municipality to be necessary for approval of plans, permits, or applications under this chapter; provided, however, that with respect to any application, such requirements shall include the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes; applicable zoning ordinances and conditions; design standards; and other state and local laws, regulations, and ordinances applicable to the application in question.
6. A local inspector, including a fire service employee enforcing a state or local fire safety standard, who specifies a code violation noted during an inspection shall, upon the written request of the permit holder, cite in writing the particular code book, section, and edition of the code which is the basis of the violation.
7. 1. As used in this subsection, the term:
      1. Professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43;
      2. Professional architect who holds a certificate of registration issued under Chapter 4 of Title 43; or
      3. Qualified inspector as such term is defined in Code Section 8-2-26.1

         who is not an employee of or otherwise affiliated with or financially interested in the person, firm, or corporation engaged in the construction project to be reviewed or inspected.

   2. Each county or municipality which imposes regulatory fees or regulatory requirements within its jurisdiction shall establish and make available a schedule of such regulatory fees and regulatory requirements which shall include a list of all documentation related to compliance with such regulatory requirements, including the requirements necessary for submittal of a complete application. The amount of any regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the local government and shall be subject to the provisions of paragraph (6) of Code Section 48-13-5.
   3. No later than five business days after receipt of any application related to regulatory requirements, a local building official of a county or municipality shall notify each applicant as to whether the submitted documents meet the requirements of a complete application. Except as otherwise provided in this paragraph, time spent by a county or municipality determining whether an application is complete shall count toward the total 30 days for plan review or inspection. If a local building official determines that the application is not complete, the applicant shall be provided written notice identifying the items that are not complete. The 30 day time period is tolled when the application is rejected as incomplete. If within 30 days after the county or municipality has provided notice that the application is incomplete the permit applicant submits revisions to address the identified deficiencies, the local building official shall have an additional five business days to review the application for completeness.
   4. At the time a county or municipality notifies the applicant that a complete application has been accepted, it shall also notify such applicant as to whether the personnel employed or contracted by such county or municipality will be able to provide regulatory action within 30 days for plan review or provide inspection services within two business days of receiving a valid written request for inspection.
   5. The applicant shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review or inspection in accordance with the provisions of this Code section irrespective of whether the county or municipality determines that the personnel employed or contracted by such county or municipality can provide regulatory action or inspection services within the time frames required under paragraph (4) of this subsection. If the applicant elects to utilize the services of a private professional provider, the regulatory fees associated with such regulatory action shall be reduced by 50 percent and such reduced amount shall be paid to the county or municipality in accordance with such jurisdiction’s policies.
   6. If the county or municipality determines that the personnel employed or contracted by such county or municipality can provide regulatory action or inspection services within the time frames required under paragraph (4) of this subsection, a convenience fee not to exceed the full amount of the regulatory fees associated with such regulatory action shall be paid to the county or municipality in accordance with such jurisdiction’s policies.
   7. If the local governing authority states its intent to complete the required plan review within the time prescribed by paragraph (4) of this subsection, or any extension thereof mutually agreed to by the applicant and the governing authority, and the local governing authority fails to complete such plan review in the time prescribed by paragraph (4) of this subsection, or any extension thereof mutually agreed to by the applicant and the governing authority, the local governing authority shall issue the applicant a project initiation permit. The local governing authority shall be allowed to limit the scope of a project initiation permit and limit the areas of the site to which the project initiation permit may apply but shall permit the applicant to begin work on the project, provided that portion of the initial phase of work is compliant with applicable codes, laws, and rules. If the plans submitted for permitting are denied for any deficiency, the time frames and process for resubmittal shall be governed by subparagraphs (C) through (E) of paragraph (13) of this subsection. Any delay in the processing of an application that is attributable to a cause outside the control of the county or municipality that is processing the application or through fault of the applicant shall not count toward days for the purposes of this subsection. This paragraph shall not be applicable if the applicant elects to retain a private professional provider to provide the required plan review.
   8. Any plan review or inspection conducted by a private professional provider shall be no less extensive than plan reviews or inspections conducted by county or municipal personnel.
   9. The person, firm, or corporation retaining a private professional provider to conduct a plan review or an inspection shall be required to pay to the county or municipality which requires the plan review or inspection the regulatory fees and charges which are required by paragraph (5) or (6) of this subsection or both, as applicable.
   10. A private professional provider performing plan reviews under this subsection shall review plans to determine compliance with all applicable regulatory requirements. Upon determining that the plans reviewed comply with the applicable regulatory requirements, such private professional provider shall prepare an affidavit or affidavits on a form adopted by the Department of Community Affairs certifying under oath that the following is true and correct to the best of such private professional provider’s knowledge and belief and in accordance with the applicable professional standard of care:
       1. The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage stipulated in this subsection;
       2. The plans comply with all applicable regulatory requirements; and
       3. The plans submitted for plan review are in conformity with plans previously submitted to obtain governmental approvals required in the plan submittal process and do not make a change to the project reviewed for such approvals.
   11. All private professional providers providing plan review or inspection services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $1 million in aggregate coverage for any project with a construction cost of $5 million or less and $2 million per claim and $2 million in aggregate coverage for any project with a construction cost of more than $5 million. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. A local enforcement agency, local building official, or local government may establish, for private professional providers working within that jurisdiction, a system of registration listing the private professional providers within their stated areas of competency. The permit applicant shall verify compliance with the insurance requirements of this paragraph.
   12. The private professional provider shall be empowered to perform any plan review or inspection required by the governing authority of any county or municipality, including, but not limited to, inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required to determine compliance with all regulatory requirements and for the issuance of a building permit or certificate of occupancy by the governing authority of any county or municipality, provided that the plan review or inspection is within the scope of such private professional provider’s area of competency; and provided, further, that a qualified inspector acting as a private professional provider shall only be empowered to perform a plan review or inspection within an area for which such qualified inspector has been issued a certification, license, or completion of training provided for in paragraph (2) of subsection (a) of Code Section 8-2-26.1. Nothing in this Code section shall authorize any private professional provider to issue a certificate of occupancy. Only a local governing authority shall be authorized to issue a certificate of occupancy.
   13. 1. The permit applicant shall submit a copy of the private professional provider’s plan review report to the county or municipality within five days of its completion. Such plan review report shall include at a minimum all of the following:
          1. The affidavit of the private professional provider required pursuant to this subsection;
          2. The applicable fees; and
          3. Any documents required by the local official and any other documents necessary to determine that the permit applicant has secured all other governmental approvals required by law.
       2. No more than 30 days after receipt of both a permit application and the affidavit from the private professional provider required pursuant to this subsection, the local building official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable regulatory requirements, as well as the specific code chapters and sections of such regulatory requirements. If the local building official does not provide a written notice of the plan deficiencies within the prescribed 30 day period, the permit application shall be deemed approved as a matter of law and the permit shall be issued by the local building official on the next business day.
       3. If the local building official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30 day period, the 30 day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit revisions to correct the deficiencies.
       4. If the permit applicant submits revisions to address the plan deficiencies previously identified, the local building official shall have the remainder of the tolled 30 day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable regulatory requirements, with specific reference to the relevant code chapters and sections of such regulatory requirements. If the local building official does not provide the second written notice within the prescribed time period, the permit shall be issued by the local building official on the next business day. In the event that the revisions required to address the plan deficiencies or any additional revisions submitted by the applicant require that new governmental approvals be obtained, the applicant shall be required to obtain such approvals before a new plan report can be submitted.
       5. If the local building official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the local building official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable regulatory requirements, with specific reference to the relevant code chapters and sections.
   14. Upon submission by the private professional provider of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the private professional provider without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the private professional provider, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the private professional provider with a written description of the deficiencies and specific regulatory requirements that have not been adequately addressed.
   15. A local governing authority may provide for the prequalification of private professional providers who may perform plan reviews or inspections pursuant to this subsection. No ordinance implementing prequalification shall become effective until notice of the governing authority’s intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriff’s advertisements for that locality are published, and by any other methods such local authority ordinarily utilizes for notification of engineering, architecture, or construction related solicitations. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a private professional provider only on the basis of the private professional provider’s expertise with respect to the objectives of this subsection, as demonstrated by the private professional provider’s experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance for plan review personnel currently directly employed by such local governing authority.
   16. Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers.
   17. Reserved.
   18. If the local building official determines that the building construction or plans do not comply with the applicable regulatory requirements, the official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law, after giving notice to the owner, the architect of record, the engineer of record, or the contractor of record and by posting a copy of the order on the site of the project and opportunity to remedy the violation within the time limits set forth in the notice, if the official determines noncompliance with regulatory requirements, provided that:
       1. A local building official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and
       2. If the local building official and the private professional provider are unable to resolve the dispute or meet within the time required by this Code section, the matter shall be referred to the local enforcement agency’s board of appeals, if one exists, which shall consider the matter not later than its next scheduled meeting. Any decisions by the local official, if there is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter. The Department of Community Affairs shall develop rules and regulations which shall establish reasonable time frames and fees to carry out the provisions of this paragraph.
   19. The local government, a local building official, and local building code enforcement personnel and agents of the local government shall be immune from liability to any person or party for any action or inaction by an owner of a building or by a private professional provider or its duly authorized representative in connection with plan review and inspection services by private professional providers as provided in this subsection.
   20. No local enforcement agency, local code official, or local government shall adopt or enforce any rules, procedures, policies, qualifications, or standards more stringent than those prescribed in this subsection. This subsection shall not preempt any local laws, rules, or procedures relating to the plan submittal process of local governing authorities.
   21. Nothing in this subsection shall limit the authority of a local code official to issue a stop-work order for a building project or any portion of such project, which may go into effect immediately as provided by law, after giving notice and opportunity to remedy the violation, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare. A stop-work order issued for reasons of immediate threat to public safety and welfare shall be appealable to the local enforcement agency’s board of appeals, if one exists, in the manner provided by applicable law. Any decisions by the local official, if there is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter.
   22. When performing plan reviews or inspection services, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with jurisdiction over such private professional provider’s license or certification under Chapters 4 and 15 of Title 43, as applicable. Any complaint processing, investigation, and discipline that arise out of a private professional provider’s performance of plan reviews or inspection services shall be conducted by the applicable professional licensing board. Notwithstanding any disciplinary rules of the applicable professional licensing board with jurisdiction over such private professional provider’s license or certification under Chapters 4 and 15 of Title 43, any local building official may decline to accept plan reviews or inspection services submitted by any private professional provider who has submitted multiple reports which required revisions due to negligence, noncompliance, or deficiencies.
   23. Nothing in this subsection shall apply to inspections exempted in Code Section 8-2-26.1.
   24. To the extent that a provision of this Code section conflicts with requirements of federal laws or regulations or impairs a county’s or municipality’s receipt of federal funds, such provision shall not apply.

(A) “Complete application” means a submitted plan, application, or request for inspection that contains all of the information and supporting documentation required by the county or municipality for it to make the determination as to whether the plan, application, or request is in compliance with regulatory requirements.

(B) “Private professional provider” means a:

History. Ga. L. 1969, p. 546, § 6; Ga. L. 1970, p. 734, § 2; Ga. L. 1971, p. 242, § 5; Ga. L. 1980, p. 1316, § 6; Ga. L. 1989, p. 1659, § 8; Ga. L. 1996, p. 1632, § 1; Ga. L. 1997, p. 550, § 1; Ga. L. 1998, p. 1033, § 1; Ga. L. 2000, p. 452, § 2; Ga. L. 2000, p. 456, § 1; Ga. L. 2004, p. 551, § 6; Ga. L. 2006, p. 506, § 1/HB 1385; Ga. L. 2019, p. 606, § 2/HB 493; Ga. L. 2020, p. 138, § 1/SB 377; Ga. L. 2021, p. 282, § 1/SB 49.

The 2019 amendment, effective July 1, 2019, rewrote subsection (g).

The 2020 amendment, effective June 30, 2020, substituted “Reserved.” for the former provisions of paragraph (g)(17), which read: “This subsection shall not apply to hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings or structures that impact national or state homeland security, or any building defined as a high-rise building in the State Minimum Standards Code; provided, however, that interior tenant build-out projects within high-rise buildings are not exempt from this subsection.”

The 2021 amendment, effective May 4, 2021, substituted the present provisions of subparagraph (g)(1)(B) for the former provisions, which read: “ ‘Private professional provider’ means a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43 or a professional architect who holds a certificate of registration issued under Chapter 4 of Title 43, who is not an employee of or otherwise affiliated with or financially interested in the person, firm, or corporation engaged in the construction project to be reviewed or inspected.”; substituted “At the time a county or municipality notifies the applicant that a complete application has been accepted, it shall also notify such” for “Upon notification to the applicant that a complete application has been accepted, a county or municipality shall also notify each” at the beginning of paragraph (g)(4); in paragraph (g)(5), in the first sentence, substituted “The” for “If the county or municipality determines that the personnel employed or contracted by such county or municipality cannot provide regulatory action or inspection services within the time frames required under paragraph (4) of this subsection, the”, and added “irrespective of whether the county or municipality determines that the personnel employed or contracted by such county or municipality can provide regulatory action or inspection services within the time frames required under paragraph (4) of this subsection” at the end; deleted the former second sentence of paragraph (g)(6), which read: “Upon payment in full of the convenience fees associated with the complete application, the applicant may nevertheless choose to retain, at its own expense, a private professional provider to provide the required plan review or inspection, subject to the requirements set forth in this Code section.”; added the last sentence of paragraph (g)(7); substituted “paragraph (5) or (6) of this subsection or both” for “either paragraph (5) or (6) of this subsection” near the end of paragraph (g)(9); and added the proviso at the end of the first sentence of paragraph (g)(12).

Cross references.

Enforcement of laws requiring services of registered architects for certain buildings, § 43-4-15 .

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1996, “single-family” was substituted for “single family” in paragraph (d)(6).

Ga. L. 2000, p. 452, § 2 and Ga. L. 2000, p. 456, § 1 both added a subsection (f). Pursuant to Code Section 28-9-5, in 2000, the subsection (f) added by Ga. L. 2000, p. 456, § 1 was redesignated as subsection (g).

Pursuant to Code Section 28-9-5, in 2019, “requirements” was substituted for “requiremments” at the end of the first sentence of subparagraph (g)(13)(B).

Editor’s notes.

Ga. L. 1996, p. 1632, § 3, not codified by the General Assembly, provides: “Any political subdivision may exempt itself from Section 1 of this Act by resolution or ordinance.”

Ga. L. 1997, p. 550, § 3, not codified by the General Assembly, provides that no county or municipality shall be required to implement the requirements of that Act until such time as the county or municipality has consumed all building permit forms on hand as of January 1, 1998.

Ga. L. 1998, p. 1033, § 2, not codified by the General Assembly, provides: “This Act shall become effective on January 1, 1999, except that no county or municipality shall be required to implement the requirements of this Act until such time as the county or municipality has consumed all building permit forms on hand as of January 1, 1999.”

Ga. L. 2019, p. 606, § 1/HB 493, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Private Permitting Review and Inspection Act.’ ”

For application of this statute in 2020 and 2021, see Executive Orders 03.20.20.02 and 03.30.20.02.

A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.

8-2-26.1. Definitions and requirements.

1. As used in this Code section, the term:
   1. “ICC” means the International Code Council.
   2. “Qualified inspector” means:
      1. A person inspecting for compliance with the International Building Code or the building portion of the International Residential Code for One- and Two-Family Dwellings who holds a certification from the ICC as a building inspector;
      2. A person inspecting for the compliance of residential buildings with the National Electrical Code or the electrical portion of the International Residential Code for One- and Two-Family Dwellings who holds a certification from the ICC as a residential electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board;
      3. A person inspecting for the compliance of nonresidential buildings with the National Electrical Code who holds a certification from the ICC as a commercial electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board;
      4. A person inspecting for compliance with the International Fuel Gas Code who holds a certification from the ICC as a mechanical inspector or plumbing inspector or a conditioned air contractor, journeyman plumber, or master plumber license from the State Construction Industry Licensing Board;
      5. A person inspecting for compliance with the International Mechanical Code or the mechanical portion of the International Residential Code for One- and Two-Family Dwellings who holds a certification from the ICC as a mechanical inspector or a conditioned air contractor license from the State Construction Industry Licensing Board;
      6. A person inspecting for compliance with the International Plumbing Code or the plumbing portion of the International Residential Code for One- and Two-Family Dwellings who holds a certification from the ICC as a plumbing inspector or a journeyman plumber or master plumber license from the State Construction Industry Licensing Board;
      7. A person inspecting for compliance with any portion of the International Residential Code for One- and Two-Family Dwellings who holds a certification from the ICC as a one- and two-family dwelling inspector;
      8. A person inspecting for compliance with the International Energy Conservation Code for Buildings who has completed eight hours of training that is conducted or approved by the department; or
   3. “State Construction Industry Licensing Board” means that board created pursuant to Code Section 43-14-3.
2. The governing authority of any municipality or county which has adopted provisions for the enforcement of the state minimum standard codes shall post a notice stating whether the personnel employed by that governing authority to conduct inspections for compliance with such codes are qualified inspectors. Such notice shall separately address each minimum standard code enumerated in subdivisions (9)(A)(i)(I) through (9)(A)(i)(VIII) or (9)(B)(i)(I) through (9)(B)(i)(VIII) of Code Section 8-2-20 and the building, electrical, mechanical, and plumbing portions of the International Residential Code for One- and Two-Family Dwellings, and state whether all personnel assigned to conduct inspections for the particular code or portion of the code are qualified inspectors for that code or portion of the code.
3. If such notice states that not all personnel assigned to conduct inspections for a particular state minimum standard code or portion of such code are qualified inspectors for that code or portion of the code, then the governing authority may retain qualified inspectors not employed by the governing authority to conduct inspections. If the governing authority does not so retain qualified inspectors, then any person, firm, or corporation engaged in a construction project which requires inspection shall have the option of retaining, at its own expense, a person who is a qualified inspector for that code or portion of the code and who is not an employee of or otherwise affiliated with or financially interested in such person, firm, or corporation to provide the required inspection.
4. The person, firm, or corporation retaining a qualified inspector to conduct an inspection pursuant to this Code section shall be required to pay to the county or municipality which requires the inspection the same permit fees and charges which would have been required had the inspection been conducted by a county or municipal inspector.
5. A qualified inspector retained pursuant to this Code section shall be empowered to perform any inspection required by the governing authority of any county or municipality, including but not limited to inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the issuance of a certificate of occupancy by the governing authority of any county or municipality; provided, however, that the qualified inspector must possess the qualifications described in paragraph (2) of subsection (a) of this Code section for the particular type of inspection. Any inspection conducted pursuant to this Code section shall be no less extensive than an inspection conducted by a county or municipal inspector.
6. Upon submission by the qualified inspector of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the qualified inspector without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the qualified inspector, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the qualified inspector with a written description of the deficiencies and specific code requirements that have not been adequately addressed.
7. Nothing in this Code section shall be construed to apply to inspections for compliance with a state or local fire safety standard or erosion control standard.
8. Nothing in this Code section shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers.

1. A person inspecting for compliance with any of the codes listed in subparagraphs (A) through (H) of this paragraph who holds:
   1. A certificate of registration as a professional engineer issued under Chapter 15 of Title 43 and is practicing within the scope of his or her branch of engineering expertise while conducting such inspection;
   2. A level II, III, IV, or V certification from the Building Officials Association of Georgia, provided that such levels of certification require work experience and an examination by the ICC or a testing agency approved by the Building Officials Association of Georgia; or
   3. A level II, III, IV, or V certification from the Building Officials Association of Georgia on July 1, 2015.

History. Code 1981, § 8-2-26.1 , enacted by Ga. L. 2000, p. 452, § 3; Ga. L. 2004, p. 551, § 7; Ga. L. 2015, p. 941, § 1/HB 341; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “one- and two-family dwelling” for “one and two-family dwelling” in subparagraph (a)(2)(G).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2004, “means the International Code Council” was substituted for “means International Code Council” in paragraph (a)(1); “compliance with any portion” was substituted for “compliance any portion” in subparagraph (a)(2)(G); and “(9)(A)(i)(VIII) or (9)(B)(i)(I)” was substituted for “(9)(A)(i)(VIII) (9)(B)(i)(I)” in subsection (b).

Pursuant to Code Section 28-9-5, in 2015, “July 1, 2015” was substituted for “the effective date of this Code section” in division (a)(2)(I)(iii).

8-2-27. Conformance of buildings to energy conservation code; applicability to exempted and renovated buildings; appeals.

1. The design, erection, construction, and alteration of any building to which the International Energy Conservation Code shall apply shall be accomplished so that the building or applicable portions thereof shall meet or conform to such code.
2. Enforcement of compliance with this Code section shall be solely the province of local governing authorities, except in regard to buildings owned by the state. In state owned buildings, the state agency which owns the building shall provide for the compliance with the code adopted under this part. Local governing authorities are authorized to adopt rules and regulations for the administration and enforcement of the code and to adopt such penalties for violation of the code as they deem appropriate. Local governing authorities are authorized to exercise all the powers enumerated in subsection (a) of Code Section 8-2-26 in enforcement of the International Energy Conservation Code.
3. The International Energy Conservation Code shall not apply to exempted buildings; and, with respect to renovated buildings, such code shall apply only to portions or systems of the building which are directly involved in the renovation.
4. The commissioner or his or her designated representative shall have authority to hear appeals relating to the interpretation, enforcement, and administration by local governing authorities of the International Energy Conservation Code and exceptions to such code. The commissioner may, at his or her option, hear de novo cases but shall not hear any appeal until it is determined that the appeal procedures available through the affected local government have been exhausted. If, on appeal, the commissioner determines that the local governing authority erred in its interpretation of the code, he or she shall remand the case to the local government with instructions to take such action as he or she directs. Further appeals may be made as provided by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

History. Ga. L. 1978, p. 2212, §§ 4, 6, 7; Ga. L. 1980, p. 1316, § 7; Ga. L. 1989, p. 14, § 8; Ga. L. 2004, p. 551, § 8.

Cross references.

Solar easements, § 44-9-20 et seq.

8-2-28. Adoption by municipality or county enforcing construction code of state minimum standard code.

Any municipality or county either enforcing or adopting and enforcing a construction code shall utilize one or more of the state minimum standard codes established pursuant to this part.

History. Ga. L. 1969, p. 546, § 7; Ga. L. 1980, p. 1316, § 9; Ga. L. 1989, p. 1659, § 9; Ga. L. 2004, p. 551, § 8.

8-2-29. Powers of department generally.

In addition to any other powers granted by this part, the department shall have the power to:

1. Administer all funds available under this part;
2. Accept any grant of funds made by the United States government or any agency thereof for the purpose of carrying out this part;
3. Request from the various departments, agencies, and authorities of the state and its political subdivisions such available information as it may require in its work; and all such departments, agencies, and authorities shall furnish, within a reasonable time, such requested available information to the department;
4. Contract with the United States government or agencies thereof, with political subdivisions of the state, and with private persons and corporations; and
5. Do all other things necessary and proper to exercise its powers and perform its duties in accordance with this part.

History. Ga. L. 1969, p. 546, § 8; Ga. L. 1970, p. 734, § 2; Ga. L. 1980, p. 1316, § 8.

8-2-30. Scope of applicability of part generally.

1. Except as otherwise provided in this Code section, this part shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical systems within or on public or private buildings, structures, or premises.
2. This part shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems up to and including the meters, where such work is performed by or is an integral part of the system owned or operated by a public service corporation or by the water or gas department of any city in this state in rendering its duly authorized service as such.
3. This part shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems where such work is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, a pipeline company, a mining company, or a public utility in the exercise of its normal functions as a public utility, or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry.
4. This part shall not prohibit an individual from installing, altering, or repairing plumbing systems and fixtures, air-conditioning and heating systems and fixtures, or electrical systems in a single-family dwelling owned and occupied by him or her, provided that all such work must be done in conformity with all other provisions of this part and the orders, rules, and regulations of the department.
5. This part shall not prohibit an individual from installing, altering, or repairing plumbing systems and fixtures, air-conditioning and heating systems and fixtures, or electrical systems in a farm or ranch building owned or occupied by him or her, provided that all such work must be done in conformity with all other provisions of this part and the orders, rules, and regulations of the department.
6. This Code section shall not affect or abrogate the requirements of the International Energy Conservation Code.

History. Ga. L. 1969, p. 546, § 10; Ga. L. 1980, p. 1316, § 11; Ga. L. 2004, p. 551, § 9.

8-2-31. Effect of part.

1. Nothing in this part shall repeal or be construed as abrogating or otherwise affecting the power of any state department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable provisions of law.
2. Nothing in this part shall be construed as repealing or otherwise affecting authorization for historic preservation districts established pursuant to Article 2 of Chapter 10 of Title 44, the “Georgia Historic Preservation Act.”
3. Nothing in this part shall be construed as repealing or otherwise affecting:
   1. Part 6 of this article, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks;
   2. Article 2 of Chapter 15 of Title 25, the “Boiler Vessel Safety Act”;
   3. Chapter 3 of Title 30, relating to access to and use of public facilities by physically disabled persons; or
   4. The Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section 25-2-13.
4. Standards for the construction of manufactured homes covered under Part 2 of Article 2 of this chapter shall be governed by the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. Section 5401, et seq., and nothing in this part is intended to permit the adoption of any other standards for or local regulation of the construction of manufactured homes.
5. Standards relative to liquefied petroleum gas shall be governed by Article 10 of Chapter 1 of Title 10 and no provision of this part shall be construed to permit the adoption of standards, rules, or regulations relative to liquefied petroleum gas by the Department of Community Affairs or the adoption by local governments of regulations or ordinances relative to liquefied petroleum gas in conflict with Article 10 of Chapter 1 of Title 10.

History. Ga. L. 1969, p. 546, § 5; Ga. L. 1980, p. 1316, § 10; Ga. L. 1981, p. 717, § 1; Ga. L. 1989, p. 1659, § 10; Ga. L. 1992, p. 2134, § 1; Ga. L. 1994, p. 97, § 8; Ga. L. 1995, p. 1302, § 14; Ga. L. 2012, p. 1144, § 9/SB 446.

8-2-35. Legislative findings and declarations.

The legislature finds, declares, and determines that Georgia needs an alternative method to resolve legitimate construction disputes that would reduce the need for litigation while adequately protecting the rights of homeowners. The legislature declares that an effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor that the claimant asserts is responsible for the defect and providing the contractor with the opportunity to resolve the claim without litigation.

History. Code 1981, § 8-2-35 , enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.

Law reviews.

For article, “Georgia Condominium Law: Beyond the Condominium Act,” see 13 Ga. St. B.J. 24 (2007).

For survey article on construction law, see 59 Mercer L. Rev. 55 (2007).

For article, “Construction Law,” see 63 Mercer L. Rev. 107 (2011).

8-2-36. Definitions.

As used in this part, the term:

1. “Action” means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim in whole or in part for damages or other relief in connection with a dwelling or common area caused by an alleged construction defect.
2. “Association” means a corporation formed for the purpose of exercising the powers of the members of any common interest community.
3. “Claimant” means anyone who asserts a claim concerning a construction defect.
4. “Common area” means the common areas, improvements, and facilities that are owned or maintained by the association in a common interest community.
5. “Construction defect” has the meaning assigned by a written, express warranty either provided by the contractor or required by applicable statutory law; if no written, express warranty or applicable statutory warranty provides a definition, then “construction defect” means a matter concerning the design, construction, repair, or alteration of a dwelling or common area, of an alteration of or repair or addition to an existing dwelling, or of an appurtenance to a dwelling or common area on which a person has a complaint against a contractor. The term may include any physical damage to the dwelling or common area, any appurtenance, or the real property on which the dwelling or appurtenance is affixed proximately caused by a construction defect.
6. “Contractor” means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, constructing, or selling dwellings or common areas, alterations of or additions to existing dwellings or common areas, or the repair of such improvements. The term includes:
   1. An owner, officer, director, shareholder, partner, or employee of the contractor;
   2. Subcontractors and suppliers of labor and materials used by a contractor in a dwelling or common area; and
   3. A risk retention group registered under applicable law, if any, that insures all or any part of a contractor’s liability for the cost to repair a construction defect.
7. “Dwelling” means a single-family house, duplex, or multifamily unit designed for residential use in which title to each individual residential unit is transferred to the owner under a condominium or cooperative system. A dwelling includes the systems, other components, improvements, other structures, or recreational facilities that are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale but not necessarily a part of the house, duplex, or multifamily unit.
8. “Serve” or “service” means deposit in the United States mail, postage prepaid for delivery by certified mail, return receipt requested or statutory overnight delivery to the last known address of the addressee. For a corporation, limited partnership, limited liability company, or other registered business organization, it means service on the registered agent or other agent for service of process authorized by law.

History. Code 1981, § 8-2-36 , enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2004, substituted “anyone” for “any one” in paragraph (3); and inserted quotes around “construction defect” in paragraph (4) (now paragraph 5).

Editor’s notes.

Ga. L. 2006, p. 548, § 3(c)/SB 573, not codified by the General Assembly, provides that the amendment to this Code section shall only apply with respect to causes of action or claims arising on or after April 28, 2006, and any prior causes of action or claims shall continue to be governed by prior law.

8-2-37. Required compliance with this part.

If a claimant files an action without first complying with the requirements of this part, on application by a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of this part. To the extent that the action includes a cause of action for damages due to personal injury or death, such cause of action shall not be subject to stay pursuant to this Code section.

History. Code 1981, § 8-2-37 , enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.

8-2-38. Notice of claim; written response of contractor to claim; effect of contractor’s failure to respond; inspection; offer of settlement and rejection of offer; alteration of procedure for notice.

1. In every action subject to this part, the claimant shall, no later than 90 days before initiating an action against a contractor, provide service of written notice of claim on that contractor. The notice of claim shall state that the claimant asserts a construction defect claim or claims and is providing notice of the claim or claims pursuant to the requirements of this part. The notice of claim shall describe the claim or claims in detail sufficient to explain the nature of the alleged construction defects and the results of the defects. In addition, the claimant shall provide to the contractor any evidence that depicts the nature and cause of the construction defect, including expert reports, photographs, and videotapes, if that evidence would be discoverable under evidentiary rules.
2. Within 30 days after service of the notice of claim by a claimant required in subsection (a) of this Code section, each contractor that has received the notice of claim shall serve on the claimant, and on any other contractor that has received the notice of claim, a written response to the claim or claims, which either:
   1. Offers to settle the claim by monetary payment, the making of repairs, or a combination of both, without inspection; or
   2. Proposes to inspect the dwelling or common area that is the subject of the claim.
3. If the contractor wholly rejects the claim and will neither remedy the alleged construction defect nor settle the claim or does not respond to the claimant’s notice of claim within the time stated in subsection (b) of this Code section, the claimant may bring an action against the contractor for the claims described in the notice of claim without further notice except as otherwise provided under applicable law. A contractor that does not respond to a notice of claim within the time prescribed by subsection (b) of this Code section may not claim or assert that the absence of documents required to be provided with the notice of claim under subsection (a) of this Code section relieved the contractor from the contractor’s obligation to respond to the notice of claim.
4. If the claimant rejects the settlement offer made by the contractor, the claimant shall provide written notice of the claimant’s rejection to the contractor and, if represented by legal counsel, his or her attorney. The notice shall include the reasons for the claimant’s rejection of the contractor’s proposal or offer. If the claimant believes that the settlement offer:
   1. Omits reference to any portion of the claim; or
   2. Was unreasonable in any manner,

      the claimant shall in his or her written notice include those items that claimant believes were omitted and set forth in detail all known reasons why the claimant believes the settlement offer is unreasonable.

5. If a proposal for inspection is made pursuant to paragraph (2) of subsection (b) of this Code section, the claimant shall, within 30 days of receiving the contractor’s proposal, provide the contractor and its subcontractors, agents, experts, and consultants prompt and reasonable access to the dwelling or common area to inspect the dwelling or common area, document any alleged construction defects, and perform any destructive or nondestructive testing required to fully and completely evaluate the nature, extent, and cause of the claimed defects and the nature and extent of any repairs or replacements that may be necessary to remedy the alleged defects. If destructive testing is required, the contractor shall give claimant advance notice of such tests and shall, after completion of the testing, return the dwelling or common area to its pretesting condition. If any inspection or testing reveals a condition that requires additional testing to allow the contractor to fully and completely evaluate the nature, cause, and extent of the construction defect, the contractor shall provide notice to the claimant of the need for such additional testing and the claimant shall provide prompt and reasonable access as set forth in this Code section. If a claim is asserted on behalf of owners of multiple dwellings or multiple owners of units within a multifamily complex, the contractor shall be entitled to inspect each of the dwellings or common areas which may be or appear to be affected by the alleged defect. The contractor shall commence and diligently pursue completion of all the desired inspections within the 30 day period after delivery of the contractor’s written proposal. Inspection shall be completed within the same 30 day period if reasonable or within a reasonable period thereafter if completion is not reasonable within 30 days.
6. Within 14 days following completion of the inspection and testing set forth in this Code section, the contractor shall serve on the claimant:
   1. A written offer to fully or partially remedy the construction defect at no cost to the claimant. Such offer shall include a description of any additional construction necessary to remedy the defect described in the claim and an anticipated timetable for the completion of such construction;
   2. A written offer to settle the claim by monetary payment;
   3. A written offer including a combination of repairs and monetary payment; or
   4. A written statement that the contractor will not proceed further to remedy the defect, along with the reasons for such rejection.
7. If a claimant accepts a contractor’s offer made pursuant to paragraph (1), (2), or (3) of subsection (f) of this Code section and the contractor does not proceed to make the monetary payment or remedy the construction defect or both within the agreed timetable, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. In such a situation, the claimant may also file the contractor’s offer and claimant’s acceptance, and such offer and acceptance will create a rebuttable presumption that a binding and valid settlement agreement has been created and should be enforced by the court or arbitrator.
8. If a claimant receives a written statement that the contractor will not proceed further to remedy the defect or if the contractor fails to serve the claimant with the required written offer or written statement within the time prescribed by subsection (f) of this Code section, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. The contractor’s written statement shall include all known reasons for the rejection of the claim.
9. If the claimant rejects the offer made by the contractor to remedy the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimant’s rejection on the contractor. The notice shall include all known reasons for the claimant’s rejection of the contractor’s offer.
10. Upon receipt of a claimant’s rejection and the reasons for such rejection, the contractor may, within 15 days of receiving the rejection, make a supplemental offer of repair or monetary payment or both to the claimant.
11. If the claimant rejects the supplemental offer made by the contractor to repair the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimant’s rejection on the contractor. The notice shall include all known reasons for the claimant’s rejection of the contractor’s supplemental settlement offer.
12. If a claimant rejects a reasonable offer, including any reasonable supplemental offer, made as provided by this part or does not permit the contractor to repair the construction defect pursuant to an accepted offer of settlement, the claimant may not recover an amount in excess of:
    1. The fair market value of the offer of settlement or the actual cost of the repairs made; or
    2. The amount of a monetary offer of settlement.

       For purposes of this subsection, the trier of fact shall determine the reasonableness of an offer of settlement made pursuant to this part. If the claimant has rejected a reasonable offer, including any reasonable supplemental offer, and any other law allows the claimant to recover costs and attorneys’ fees, then the claimant may recover no costs or attorneys’ fees incurred after the date of his or her rejection.

13. Any claimant accepting the offer of the contractor to remedy a construction defect shall do so by serving the contractor with a written notice of acceptance within 30 days after receipt of the offer. If no response is served upon the contractor within the 30 day period, then the offer shall be deemed accepted.
14. If a claimant accepts a contractor’s offer to repair a construction defect described in a notice of claim, the claimant shall provide the contractor and its subcontractors, agents, experts, and consultants prompt and unfettered access to the dwelling or common area to perform and complete the construction by the timetable stated in the settlement offer.
15. If, during the pendency of the notice, inspection, offer, acceptance, or repair process, an applicable limitations period would otherwise expire, the claimant may file an action against the contractor, but such action shall be immediately stayed until completion of the notice of claim process described in this part. This subsection shall not be construed to:
    1. Revive a statute of limitations period that has expired prior to the date on which a claimant’s written notice of claim is served; or
    2. Extend any applicable statute of repose.
16. After the sending of the initial notice of claim, a claimant and a contractor may, by written mutual agreement, alter the procedure for the notice of claim process described in this part.

History. Code 1981, § 8-2-38 , enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2004, “the contractor” was substituted for “then contractor” in the last sentence (now the fourth sentence) of subsection (e); “to the claimant” was substituted for “to claimant” at the end of subsection (j); “then the claimant” was substituted for “then claimant” in the last paragraph of subsection (l)(2); and “experts, and” was substituted for “experts and” in subsection (n).

Editor’s notes.

Ga. L. 2006, p. 548, § 3(c)/SB 573, not codified by the General Assembly, provides that the amendment to this Code section shall only apply with respect to causes of action or claims arising on or after April 28, 2006, and any prior causes of action or claims shall continue to be governed by prior law.

Law reviews.

For annual survey of trial practice and procedure, see 56 Mercer L. Rev. 433 (2004).

For article, “Construction Law,” see 63 Mercer L. Rev. 107 (2011).

8-2-39. Discovery of additional defects after original notice given.

1. A construction defect that is discovered after a claimant has provided a contractor with the initial claim notice may not be alleged in an action until the claimant has given the contractor who performed the original construction:
   1. Written notice of claim regarding the alleged defect as required by Code Section 8-2-38; and
   2. An opportunity to resolve the notice of claim in the manner provided in Code Section 8-2-38.
2. A construction defect that is discovered during the pendency of an action filed in compliance with this part may be added as a supplemental or additional claim to the pending action if failure to add the claim would prejudice any legal rights of the claimant or the contractor; provided, however, that the claimant shall comply with the requirements of subsection (a) of this Code section, and such action shall be immediately stayed until completion of the notice of claim process, unless otherwise agreed by the parties.

History. Code 1981, § 8-2-39 , enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.

Editor’s notes.

Ga. L. 2006, p. 548, § 3(c)/SB 573, not codified by the General Assembly, provides that the amendment to this Code section shall only apply with respect to causes of action or claims arising on or after April 28, 2006, and any prior causes of action or claims shall continue to be governed by prior law.

8-2-40. Effect of claimant’s acceptance of settlement; subrogation of insurance.

1. If a claimant accepts an offer made in compliance with this part and the contractor fulfills the offer in compliance with this part:
   1. The claimant shall thereafter be barred from bringing an action for the claim described in the notice of claim; and
   2. A contractor’s performance of repairs or payment of money to a claimant made pursuant to this Code section shall not, by itself, create insurance coverage or otherwise affect the mutual rights and obligations of the parties under a contractor’s liability insurance policy or, by itself, be considered a voluntary payment of an otherwise valid insured loss.
2. An insurer paying a claim under this part shall be subrogated to the rights of the claimant to whom the amounts were paid against the person causing the construction defect, damages, or other reason for payment to the extent that claim payments were made, except that the insurer shall be required to pay any applicable part of costs, expenses, and attorneys’ fees incurred in connection therewith.

History. Code 1981, § 8-2-40 , enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2005, p. 499, § 1/HB 307; Ga. L. 2006, p. 548, § 1/SB 573.

Editor’s notes.

Ga. L. 2006, p. 548, § 3(c)/SB 573, not codified by the General Assembly, provides that the amendment to this Code section shall only apply with respect to causes of action or claims arising on or after April 28, 2006, and any prior causes of action or claims shall continue to be governed by prior law.

8-2-41. Notice to consumer prior to beginning initial construction work.

1. Upon entering into a contract for sale, construction, or improvement of a dwelling, the contractor shall provide notice to the owner of the dwelling of the contractor’s right to resolve alleged construction defects before a claimant may commence litigation against the contractor. Such notice shall be conspicuous and may be included as part of the contract.
2. The notice required by subsection (a) of this Code section shall be in substantially the following form:

   GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.

History. Code 1981, § 8-2-41 , enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.

Law reviews.

For annual survey of construction law, see 57 Mercer L. Rev. 79 (2005).

8-2-42. Bribery of property or association managers regarding claims for damages arising out of construction defects prohibited; procedure for bringing action to remedy construction defects.

1. A person shall not provide or offer to provide anything of value, directly or indirectly, to a property manager of an association or to a member or officer of an association to induce the property manager, member, or officer to encourage or discourage the association to file a claim for damages arising from a construction defect. As used in this Code section, the term “anything of value” shall not include payments, services, or other items of value which the recipient would otherwise be entitled to receive under an existing contract.
2. A property manager retained by an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association that he or she manages to file a claim for damages arising from a construction defect.
3. A member or officer of an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association of which he or she is a member or officer to file a claim for damages arising from a construction defect.
4. A person who knowingly violates subsection (a), (b), or (c) of this Code section shall be guilty of a misdemeanor.
5. An association may bring an action against a contractor to recover damages resulting from construction defects in the common area of a common interest community, provided that:
   1. The members of the association have voted to approve commencement of an action by two-thirds of the votes cast, by statutory written ballot as provided in Code Section 14-3-708 or have approved commencement of an action by the affirmative vote of at least two-thirds of the total membership at a meeting of the members at which a quorum is present;
   2. The board of directors of the association and the contractor have met in person and conferred in a good faith attempt to resolve the association’s claim, or the contractor has definitively declined or ignored the requests to meet with the board of directors of the association; and
   3. The association has otherwise satisfied all of the preaction requirements for a claimant to commence an action as set forth in this part.
6. At least three business days in advance of the meeting at which the association members vote or at the time a statutory written ballot is circulated to the members to obtain approval of an action to recover damages resulting from construction defects in the common area of a common interest community, the association shall provide each owner a copy of the notice of claim provided to the contractor and an additional written description of claims and the reasons the board of the association is recommending consideration of the litigation.
7. An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a dwelling or common area caused by a construction defect unless:
   1. The person is licensed as a contractor pursuant to law;
   2. The association has obtained the prior written approval of each owner whose dwelling will be directly affected by such testing;
   3. The association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests; and
   4. Reasonable prior notice and opportunity to observe the tests is given to the contractor against whom an action may be brought as a result of the tests.
8. The board of directors of an association may, without giving notice to the owners, employ a contractor and such other persons as are necessary to make such immediate repairs to a common area within the common interest community as are required to protect the health, safety, and welfare of the owners.

History. Code 1981, § 8-2-42 , enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.

Editor’s notes.

Ga. L. 2006, p. 548, § 3(c)/SB 573, not codified by the General Assembly, provides that the amendment to this Code section shall only apply with respect to causes of action or claims arising on or after April 28, 2006, and any prior causes of action or claims shall continue to be governed by prior law.

8-2-43. No cause of action created; contractor’s right to seek recovery from subcontractor or other professional; contract controls over provisions; applicability.

1. Nothing in this part shall create any cause of action on behalf of any claimant or contractor.
2. This part does not apply to a contractor’s right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant.
3. In the event of any conflict or inconsistency between the provisions of this part and the provisions of any contract between a claimant and a contractor, the provisions of the contract shall govern and control.
4. This part shall not apply to a contractor who is not required to be licensed under Chapter 41 of Title 43.

History. Code 1981, § 8-2-43 , enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2004, a comma was inserted between “indemnity” and “or” in subsection (b).

Editor’s notes.

Ga. L. 2006, p. 548, § 3(c)/SB 573, not codified by the General Assembly, provides that the amendment to this Code section shall only apply with respect to causes of action or claims arising on or after April 28, 2006, and any prior causes of action or claims shall continue to be governed by prior law.

8-2-50. Providing of fire escapes by building owners; requirements regarding location and construction of fire escapes and exit doors.

1. Owners of buildings more than two stories in height, not including the basement, who utilize any level above the second story wholly or partially as a factory or workshop shall provide more than one exit from each story of the building above the second story by stairways on the inside or outside of the building.
2. Such stairways shall be, as nearly as is practicable, at opposite ends of each story and so constructed that, in case of fire, the ground can readily be reached from the third and higher stories.
3. All stairways on the outside of buildings covered by this Code section shall have suitable railed landings at each story above the first and shall connect with each of said stories by doors or windows opening outward; and such doors, windows, and landings shall at all times be kept clear of obstructions.
4. All the main doors of such buildings, both inside and outside, shall open outward, and each story shall be amply supplied with fire-extinguishing devices.

History. Ga. L. 1889, p. 168, § 1; Civil Code 1895, § 2622; Civil Code 1910, § 3151; Code 1933, § 54-402.

Cross references.

Requirements regarding construction or maintenance of buildings presenting fire hazards to persons or property, § 25-2-13 et seq.

8-2-51. Inspection of buildings; notifying owners regarding noncompliance with requirements relating to fire escapes.

1. The governing authority of the city where any building covered by Code Section 8-2-50 is situated, or the judge of the probate court of the county if the building is situated outside of any city, shall require the fire marshal or chief officer of the fire department or, if there is no fire marshal or chief firefighter, some other suitable official to inspect such buildings at least once a year and report in writing to the municipal authorities or the judge of the probate court that the requirements of Code Section 8-2-50 have or have not been complied with.
2. If the requirements of Code Section 8-2-50 have not been complied with, the municipal authorities or the judge of the probate court, as the case may be, shall convey to the owner of such building written notice requiring him to provide needed alterations or additions.

History. Ga. L. 1889, p. 168, § 2; Civil Code 1895, § 2623; Civil Code 1910, § 3152; Code 1933, § 54-403; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11.

8-2-52. Requiring owners to make alterations and additions; time of making inspections and reports.

The owners of buildings referred to in this part shall make all alterations or additions necessary to comply with the requirements of this part. Inspections and reports required by Code Section 8-2-51 shall be made during the month of December of each year.

History. Ga. L. 1889, p. 168, § 4; Civil Code 1895, § 2625; Civil Code 1910, § 3154; Code 1933, § 54-405.

8-2-53. Power of municipal authorities to extend coverage of part.

The governing authority of any city may, by ordinance, provide that this part shall apply to all buildings within the city limits which are not used as private residences and which are three or more stories in height.

History. Ga. L. 1889, p. 168, § 3; Civil Code 1895, § 2624; Civil Code 1910, § 3153; Code 1933, § 54-404.

8-2-54. Penalty.

Any owner of a building more than two stories in height who fails to comply with the requirements of this part and who, after receiving the notice prescribed in Code Section 8-2-51, refuses or neglects to make the alterations specified in the written notice shall be guilty of a misdemeanor.

History. Ga. L. 1889, p. 168, § 5; Penal Code 1895, § 510; Penal Code 1910, § 511; Code 1933, § 54-9908.

8-2-70 through 8-2-75. [Reserved]

History. Ga. L. 1969, p. 546, §§ 1-3; Ga. L. 1973, p. 503, §§ 1-4; Ga. L. 1974, p. 561, § 1. For current provisions relating to safety standards for boilers and pressure vessels, see § 25-15-10 et seq; repealed by Ga. L. 1984, p. 1227, § 2, effective July 1, 1984.

Editor’s notes.

Ga. L. 1984, p. 1227, § 2 repealed and reserved this part, effective July 1, 1984.

8-2-90 through 8-2-95. [Reserved]

History. Ga. L. 1970, p. 151, §§ 1-5; Ga. L. 1971, p. 901, § 1; Ga. L. 1986, p. 1231, § 1; repealed by Ga. L. 2015, p. 946, § 1/HB 368, effective May 6, 2015.

Editor’s notes.

Ga. L. 2015, p. 946, § 1/HB 368 repealed and reserved this part, effective May 6, 2015.

8-2-100. Definitions.

As used in this part, the term:

1. “Alteration” means any change or addition to the equipment other than ordinary repairs or replacements.
2. “Commissioner” means the Safety Fire Commissioner.
3. “Dumbwaiter” means a hoisting and lowering mechanism which is equipped with a car which moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet, the total inside height of which, whether or not provided with fixed or removable shelves, does not exceed four feet, the capacity of which does not exceed 500 pounds, and the use of which is exclusively for carrying materials. Such term includes a power dumbwaiter and a hand dumbwaiter.
4. 1. “Elevator” means a hoisting and lowering mechanism designed to carry passengers or authorized personnel and equipped with a car which moves in fixed guides and serves two or more fixed landings.
   2. Except as specifically provided in subsection (a) of Code Section 8-2-102, “elevator” also means a freight elevator, gravity elevator, hand elevator, inclined elevator, multideck elevator, observation elevator, passenger elevator, power elevator, electric elevator, hydraulic elevator, direct-plunger hydraulic elevator, electrohydraulic elevator, maintained pressure hydraulic elevator, roped-hydraulic elevator, private residence elevator, and sidewalk elevator.
5. “Enforcement authority” means the Commissioner, officers, and inspectors of the office authorized to enforce the provisions of this part and local inspectors authorized to enforce the provisions of this part.
6. “Escalator” means a power driven, inclined, continuous stairway used for raising or lowering passengers.
7. “Hand dumbwaiter” means a dumbwaiter driven by manual power, serving more than two consecutive stories, whose capacity exceeds 20 pounds and whose car platform area exceeds two square feet.
8. “Hand elevator” means an elevator utilizing manual power to move the car.
9. “Hoistway” means a shaftway or an opening through a building or structure for the travel of elevators, dumbwaiters, or material lifts, extending from the pit floor to the roof or floor above.
10. “Manlift” means a device consisting of a power driven endless belt moving in one direction only which is provided with steps or platforms and handholds attached to it for the transportation of personnel from floor to floor.
11. “Moving walk” means a type of passenger-carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted.
12. “Office” means the office of Safety Fire Commissioner.
13. “Power dumbwaiter” means a dumbwaiter driven by the application of energy other than hand or gravity.
14. “Power freight elevator” means an elevator used primarily for carrying freight, utilizing energy other than gravity or hand to move the car and on which only the operator and the persons necessary for unloading and loading the freight are permitted to ride.
15. “Power passenger elevator” means an elevator used primarily to carry persons other than the operator and persons necessary for loading and unloading and utilizing energy other than gravity or hand to move the car.

History. Code 1981, § 8-2-100 , enacted by Ga. L. 1984, p. 1244, § 1; Ga. L. 2012, p. 1144, § 8/SB 446.

8-2-101. Inspection and registration requirement; maintenance; alterations.

1. All elevators, escalators, manlifts, moving walks, and dumbwaiters erected or placed in service after January 1, 1986, shall be inspected before being placed in service and shall be registered within 15 days after they are completed and placed in service.
2. Every elevator, dumbwaiter, manlift, moving walk, and escalator shall be maintained by the owner or lessee in a safe operating condition and in conformity with the rules and regulations specified by subsection (b) of Code Section 8-2-104.
3. Before any alteration can be made to any elevator, escalator, manlift, moving walk, or dumbwaiter already placed in service, the owner or lessee shall be required to notify the enforcement authority of any such alteration. The enforcement authority shall be authorized to conduct an inspection after any such alteration.

History. Code 1981, § 8-2-101 , enacted by Ga. L. 1984, p. 1244, § 1; Ga. L. 1985, p. 221, § 1; Ga. L. 2012, p. 1144, § 8/SB 446.

8-2-102. Inspections.

1. 1. Power passenger elevators, power freight elevators, escalators, manlifts, and moving walks shall be inspected once during each 12 month period; provided, however, that the inspection of such equipment where found within facilities governed by Article 2 of Chapter 9 of Title 32 shall occur once during each six-month period.
   2. Hand elevators and power and hand dumbwaiters shall be inspected once during each 12 month period.
2. Inspections and installations shall be made in accordance with the standards set forth in Part “X” of ANSI A17.1-1984, the American National Standard Practice for Inspection of Elevators, Escalators and Moving Walks Inspector’s Manual ANSI A17.2, the Safety Standards for Manlifts ANSI A90.1-1976, the Safety Standard for Construction Hoists ANSI A10.4-1981 and ANSI A10.5-1981, the Safety Standard for Conveyors and Related Equipment ANSI B20.1-1984, or the latest revised rules and regulations adopted by the Commissioner. Any inspections performed under these codes shall cover the hoistway, associated equipment rooms, and access thereto, and shall include lobby smoke detectors.
3. A report of any inspection required by this Code section shall be filed with the office if the inspection is made by a state enforcement authority or with the local governing authority if the inspection is made by a local enforcement authority. Copies of the reports for new installations shall also be filed with the state fire marshal for his or her information. Such reports shall be made within ten days after the inspection has been completed, on forms prescribed by the Commissioner or the local enforcement authority, and shall indicate whether the elevator, escalator, manlift, moving walk, or dumbwaiter is safe and whether it meets the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104. After any such report is filed, the enforcement authority may require additional inspections to assure that any such elevator, escalator, manlift, moving walk, or dumbwaiter meets such rules and regulations.
4. If any inspection report indicates that an elevator, escalator, manlift, moving walk, or dumbwaiter is in an unsafe condition which if continually operated may endanger lives or property, then the enforcement authority may, at its discretion, require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules and regulations specified in subsection (b) of Code Section 8-2-104.
5. Elevator contractors who perform installations, alterations, repairs, or modifications on elevators, escalators, power freight elevators, moving walks, manlifts, or dumbwaiters, including the hoistways and machine rooms, shall be exempt from the requirements of Code Sections 43-14-8 and 43-14-8.1.
6. Private residence elevators shall be exempt from mandatory periodic inspections but shall be required to have an initial construction inspection as provided in the rules and regulations of the Commissioner. At the request of the owner or user of a private residence elevator, an inspection may be performed by the office and an inspection report issued. The office shall charge the person requesting the report a fee as set by the Commissioner to cover actual expenses of the inspection.

History. Code 1981, § 8-2-102 , enacted by Ga. L. 1984, p. 1244, § 1; Ga. L. 1987, p. 1470, § 1; Ga. L. 2001, p. 4, § 8; Ga. L. 2012, p. 1144, § 8/SB 446; Ga. L. 2020, p. 138, § 2/SB 377.

The 2020 amendment, effective June 30, 2020, substituted “12 month period; provided, however, that the inspection of such equipment where found within facilities governed by Article 2 of Chapter 9 of Title 32 shall occur once during each six-month period” for “six-month period” at the end of paragraph (a)(1).

8-2-103. Operating permits.

1. An operating report shall be issued by the enforcement authority if the inspection report indicates that the elevator, escalator, manlift, moving walk, or dumbwaiter complies with the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104 and upon payment of a permit fee. Such permits shall be valid for a period of 12 months.
2. No elevator, escalator, manlift, moving walk, or dumbwaiter shall be operated by the owner or lessee thereof unless a valid operating permit, or a limited operating permit when permitted by the rules and regulations of the Commissioner, has been issued.
3. The operating permit shall indicate whether it is issued for an elevator, escalator, manlift, moving walk, or dumbwaiter, state the rated load and speed and, in the case of an elevator, state whether the usage is for passengers or freight. The operating permit shall be posted either conspicuously in the car of an elevator or on the premises. The operating permit for an escalator, manlift, moving walk, or a dumbwaiter shall be posted on the premises.
4. If the enforcement authority has reason to believe that any owner or lessee to whom an operating permit has been issued is not complying with the applicable rules and regulations specified in subsection (b) of Code Section 8-2-104, it shall so notify such owner or lessee and shall give notice of a date for a hearing thereon to such owner or lessee. If, after such hearing, it shall find that such owner or lessee is not complying with such rules and regulations, it shall revoke such permit and require the owner or lessee to discontinue the use of such elevator, escalator, manlift, moving walk, or power dumbwaiter.

History. Code 1981, § 8-2-103 , enacted by Ga. L. 1984, p. 1244, § 1; Ga. L. 1987, p. 1470, § 2; Ga. L. 2012, p. 1144, § 8/SB 446.

8-2-104. Employment of inspectors; inspection fees; inspection rules and regulations.

1. The Commissioner shall be authorized to employ inspectors to carry out the provisions of this part. The Commissioner shall also be authorized to certify other qualified persons to carry out the provisions of this part, including technically competent individuals of any company licensed to insure and insuring elevators in this state and technically competent individuals of a regularly established elevator inspection service. The Commissioner shall prescribe the qualifications, authority, functions, and duties of such inspectors.
2. 1. 1. The Commissioner shall by rules and regulations prescribe various inspection fees and operating permit fees necessary to enable the state and local enforcement authorities to carry out the provisions of this part.
      2. The owners and users of elevators, dumbwaiters, escalators, manlifts, and moving walks which are inspected by certified inspectors in private business or with private corporations shall be exempt from the payment to the state or local enforcement authorities of the inspection fees provided in subparagraph (A) of this paragraph.
   2. Elevators, dumbwaiters, escalators, manlifts, and moving walks subject to operating permit inspections by private inspectors shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each elevator, dumbwaiter, escalator, manlift, or moving walk not inspected.
   3. Inspection fees due on elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection by the chief or deputy inspectors or operating permit fees due from inspections performed by private inspectors shall be paid within 60 calendar days of completion of such inspections. Inspection fees or operating fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner.
   4. The Commissioner may waive the collection of the penalties and interest assessed in paragraphs (2) and (3) of this subsection when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the office.
3. The American National Standard Safety Code for elevators, dumbwaiters, escalators, and moving walks ANSI A17.1-1984 and the Safety Standards for Manlifts ANSI A90.1-1976 are adopted as rules and regulations of the office for the purposes of this part until otherwise amended by rules and regulations of the Commissioner.
4. In addition to the rules and regulations adopted pursuant to subsections (b) and (c) of this Code section, the Commissioner shall be authorized to adopt such rules and regulations as may be reasonably necessary to carry out the provisions of this part.
5. The Commissioner shall also have the power in any particular case to grant exceptions and variations from the literal requirements of the rules and regulations adopted pursuant to subsection (c) of this Code section. Such exceptions and variations shall be granted only in any particular case where it is clearly evident that they are necessary to prevent undue hardship or where the existing conditions prevent compliance with the literal requirements of the rules and regulations. In no case shall any exception or variation be granted unless, in the opinion of the Commissioner, reasonable safety will be secured thereby.

History. Code 1981, § 8-2-104 , enacted by Ga. L. 1984, p. 1244, § 1; Ga. L. 1985, p. 221, § 2; Ga. L. 1987, p. 1470, § 3; Ga. L. 1991, p. 258, § 1; Ga. L. 1992, p. 6, § 8; Ga. L. 2004, p. 631, § 8; Ga. L. 2012, p. 1144, § 8/SB 446.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1991, “subparagraph (A) of this paragraph” was substituted for “subparagraph (A) of paragraph (1)” near the end of subparagraph (b)(1)(B), and “Commissioner” was substituted for “Commission” at the beginning of paragraph (b)(4).

8-2-105. Local government regulation and enforcement.

1. The governing body of any municipality or county which adopts at least the minimum rules and regulations relative to inspections and safety standards for elevators, escalators, manlifts, moving walks, and dumbwaiters as provided in subsection (b) of Code Section 8-2-102 and subsection (c) of Code Section 8-2-104 shall have the power:
   1. To adopt by ordinance or resolution any reasonable provisions for the enforcement of such local standards adopted applicable to elevators, escalators, manlifts, moving walks, and dumbwaiters, including procedural requirements, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration and enforcement of the requirements of such local standards;
   2. To provide for inspection of buildings or similar structures to ensure compliance with the local standards;
   3. To employ inspectors, including chief and deputy inspectors, and any other personnel necessary for the proper enforcement of such standards, provided that such inspectors meet the minimum qualifications of state inspectors and are certified by the Commissioner pursuant to subsection (a) of Code Section 8-2-104;
   4. To contract with other municipalities or counties adopting at least state minimum standards, or with the state, to administer such standards and to provide inspection and enforcement personnel and services necessary to ensure compliance with the standards; and
   5. To contract with any other county or municipality whereby the parties agree that the inspectors of each contracting party may have jurisdiction to enforce the local standards within the boundaries of the other contracting party.
2. When a local enforcement authority conducts an inspection or issues an operating permit as provided in this part, any inspection fee or operating permit fee due shall be paid to the municipality or county employing the enforcement authority.

History. Code 1981, § 8-2-105 , enacted by Ga. L. 1984, p. 1244, § 1; Ga. L. 2012, p. 1144, § 8/SB 446.

8-2-106. Reporting of accidents; removal from service of equipment involved in accident.

1. The owner or lessee shall report, by telephone, to the enforcement authority on the same day or by noon on the next work day, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving personal injury or death. The owner or lessee shall also provide a written report of this accident within seven days.
2. The owner or lessee shall report, in writing, to the enforcement authority within seven days, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving structural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter.
3. Any elevator, escalator, manlift, moving walk, or power dumbwaiter involved in an accident described in subsection (a) or (b) of this Code section shall be removed from service at the time of the accident. The equipment shall not be repaired, altered, or placed back in service until inspected by a certified inspector for the enforcement authority.

History. Code 1981, § 8-2-106 , enacted by Ga. L. 1984, p. 1244, § 1; Ga. L. 1987, p. 1470, § 4; Ga. L. 2012, p. 1144, § 8/SB 446.

Law reviews.

For note, “Now You See It, Now You Don’t: A Georgia Perspective on Spoliation of Evidence,” see 17 Ga. St. U.L. Rev. 1163 (2001).

For annual survey of tort laws, see 67 Mercer L. Rev. 237 (2015).

8-2-107. Penalties.

1. The installation, alteration, maintenance, and operation of the facilities and equipment regulated by or pursuant to the provisions of this part affect the public interest, and such regulation is necessary for the protection of the public health, safety, and welfare. Therefore, violations of this part or of rules and regulations adopted by or pursuant to this part are a public nuisance, harmful to the public health, safety, and welfare; and, in addition to other remedies provided by law, the actions of the Commissioner, the office, or any local enforcement authority under this part shall be enforceable by injunction properly applied for by the Commissioner or any other enforcement authority in any court of Georgia having jurisdiction over the defendant.
2. 1. Any person, firm, partnership, or corporation which violates this part shall be guilty of a misdemeanor. Each day on which a violation occurs shall constitute a separate offense.
   2. In addition to the penalty provisions in subsection (a) of this Code section and paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this part and the rules and regulations promulgated under this part. The imposition of a penalty for a violation of this part or the rules and regulations promulgated under this part shall not excuse the violation or permit it to continue.

History. Code 1981, § 8-2-107 , enacted by Ga. L. 1984, p. 1244, § 1; Ga. L. 1995, p. 370, § 1; Ga. L. 2012, p. 1144, § 8/SB 446.

8-2-108. Appeals from orders or acts of inspectors.

1. Any person aggrieved by an order or an act of an inspector under this chapter may, within 15 days of notice thereof, appeal from such order or act to the Commissioner who shall, within 30 days thereafter, issue an appropriate order either approving or disapproving said order or act. A copy of such order by the Commissioner shall be given to all interested parties.
2. This part, as it applies to the Commissioner and the office, shall be governed by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

History. Code 1981, § 8-2-108 , enacted by Ga. L. 1984, p. 1244, § 1; Ga. L. 2012, p. 1144, § 8/SB 446.

8-2-109. Consultations; creation of committees of consultants.

The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of conveyances or facilities covered by this part and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this part.

History. Code 1981, § 8-2-109 , enacted by Ga. L. 1984, p. 1244, § 1; Ga. L. 1985, p. 221, § 3; Ga. L. 1989, p. 443, § 1; Ga. L. 2012, p. 1144, § 8/SB 446.

8-2-109.1. Exceptions from part; audit of compliance of local governmental units.

1. This part shall not apply to elevators located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight.
2. This part shall not apply to any single-seat, single-passenger chairlift located in a building owned and operated by an incorporated or unincorporated nonprofit organization organized and operated exclusively for educational, religious, charitable, or other eleemosynary purposes.
3. Any county, municipality, or other political subdivision which adopts the minimum rules and regulations as provided in Code Section 8-2-105 shall be audited on a semiannual basis for compliance by the office; and any laws, ordinances, or resolutions in conflict with this part shall be void and of no effect.

History. Code 1981, § 8-2-110 , enacted by Ga. L. 1984, p. 1244, § 1; Code 1981, § 8-2-109.1 , as redesignated by Ga. L. 1985, p. 149, § 8; Ga. L. 1987, p. 1470, § 5; Ga. L. 1995, p. 1046, § 1; Ga. L. 2012, p. 1144, § 8/SB 446.

Editor’s notes.

Owing to the duplication of Code section numbers with the currently existing Code Section 8-2-110, this Code section was redesignated as Code Section 8-2-109.1 by Ga. L. 1985, p. 149, § 8.

8-2-110. Legislative findings and purpose.

The General Assembly finds that, in an effort to meet the building needs within the state, the private construction industry has developed mass production techniques which can substantially reduce construction costs and that the mass production of buildings presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures. The General Assembly further finds that, by minimizing the problems of standards and inspection procedures, it is demonstrating its intention to encourage the reduction of building construction costs and to make building and home ownership more feasible for all residents of this state.

History. Ga. L. 1971, p. 364, § 1; Code 1981, § 8-2-110 ; Ga. L. 1982, p. 1637, § 1; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “residents of this state” for “residents of the state” at the end of the last sentence of this Code section.

8-2-111. Definitions.

As used in this part, the term:

1. “Commissioner” means the commissioner of community affairs.
2. “Component” means any assembly, subassembly, or combination of parts for use as a part of a building, which may include structural, electrical, plumbing, mechanical, and fire protection systems and other systems affecting health and safety.
3. “Industrialized building” means any structure or component thereof which is designed and constructed in compliance with the state minimum standards codes and is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof.
4. “Installation” means the assembly of an industrialized building on site and the process of affixing the industrialized building, component, or system to land, a foundation, footings, or an existing building.
5. “Local government” means a county or municipality of this state.
6. “Manufacture” means the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, or semifinished materials.

   (6.1) “Residential industrialized building” means any dwelling unit designed and constructed in compliance with the Georgia State Minimum Standard One and Two Family Dwelling Code which is wholly or in substantial part made, fabricated, formed, or assembled in a manufacturing facility and cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Any such structure may or may not contain a permanent metal chassis but shall be affixed to a permanent load-bearing foundation. The term shall not include manufactured homes as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

7. “Site” means the entire tract, subdivision, or parcel of land on which the industrialized building is installed.
8. “System” means structural, plumbing, mechanical, electrical, or fire safety elements, materials, or components used separately or combined for use in a building.

History. Ga. L. 1971, p. 364, § 2; Ga. L. 1980, p. 1316, § 13; Code 1981, § 8-2-111 ; Ga. L. 1982, p. 1637, § 1; Ga. L. 1992, p. 1158, § 1; Ga. L. 2010, p. 319, §§ 1, 2/HB 516; Ga. L. 2011, p. 752, § 8/HB 142; Ga. L. 2020, p. 602, § 1/HB 1008.

The 2020 amendment, effective January 1, 2021, in the second sentence of paragraph (6.1), substituted “may or may not contain” for “shall not contain” and substituted “but shall” for “and shall”.

8-2-112. Inspection and approval of industrialized buildings by commissioner or local government; modifications prohibited; costs; adoption of rules.

1. 1. An industrialized building manufactured after the effective date of the rules adopted pursuant to Code Section 8-2-113 which is sold, offered for sale, or installed within this state must bear the insignia of approval issued by the commissioner.
   2. This Code section shall not apply to industrialized buildings which are inspected and approved by a local government which has jurisdiction at the site of installation and which are inspected at the place of and during the time of manufacture in accordance with standards established by the commissioner. The cost of the inspection shall be borne by the manufacturer. The commissioner shall be notified of the installation of all such buildings in a manner as the commissioner shall prescribe by rule.
2. 1. All industrialized buildings and residential industrialized buildings bearing an insignia of approval issued by the commissioner pursuant to this part shall be deemed to comply with the state minimum standards codes and all ordinances and regulations enacted by any local government which are applicable to the manufacture or installation of such buildings. The determination by the commissioner of the scope of such approval is final. No ordinance or regulation enacted by a county or municipality shall exclude residential industrialized buildings from being sited in such county or municipality in a residential district solely because the building is a residential industrialized building.
   2. Areas of county and municipal authority including, but not limited to, local land use and zoning, building setback, side and rear yard requirements, utility connections, and subdivision regulation, as well as the regulation of architectural and esthetic requirements, are specifically and entirely reserved to the county, if in the unincorporated area, or the municipality where the industrialized building or residential industrialized building is sited.
   3. No industrialized building or component bearing an insignia of approval issued by the commissioner pursuant to this part shall be in any way modified prior to or during installation unless approval is first obtained from the commissioner.
   4. Industrialized buildings which have been inspected and approved by a local government agency shall not be modified prior to or during installation unless approval for the modification is first obtained from the local government agency.
3. The commissioner by rule shall establish a schedule of fees to pay the costs incurred for the work related to administration and enforcement of this Code section.
4. All rules and regulations promulgated by the commissioner under this part shall be adopted pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

History. Ga. L. 1971, p. 364, § 3; Ga. L. 1980, p. 1316, § 13; Code 1981, § 8-2-112 ; Ga. L. 1982, p. 1637, § 1; Ga. L. 1983, p. 3, § 6; Ga. L. 1984, p. 22, § 8; Ga. L. 2010, p. 319, § 3/HB 516.

8-2-113. Promulgation of rules and regulations by commissioner; delegation of inspection authority; rules and regulations continued in full force and effect; advisory committee; powers of commissioner; training programs.

1. The commissioner shall promulgate rules and regulations to interpret and make specific the provisions of this part. These rules and regulations shall include provisions imposing requirements reasonably consistent with recognized, nationally accepted standards. The commissioner shall adopt other rules and regulations necessary to carry out the provisions of this part.
2. The commissioner shall enforce the provisions of this part and the rules and regulations adopted pursuant hereto, except that inspection authority may be delegated to a local government agency, an approved inspection agency, or an agency of another state in such manner as the commissioner shall determine.
3. The rules promulgated by the State Building Administrative Board pursuant to an Act providing for certification of factory built housing and for the establishment of uniform health and safety standards and inspection procedures for factory built housing, approved April 1, 1971 (Ga. L. 1971, p. 364), as amended, shall continue in full force and effect until the effective date of rules adopted pursuant to this part. Units approved under the provisions of the State Building Administrative Board’s rules shall be deemed to comply with the requirements of rules promulgated pursuant to this part.
4. The commissioner shall consult with and obtain the advice of an advisory committee on industrialized buildings in the drafting, promulgation, and revision of rules and regulations to be adopted for the purpose of this part. The committee shall consist of 11 members appointed by the commissioner and approved by the Governor to serve at the commissioner’s pleasure. Members shall be appointed for four-year terms, and no member of the committee shall be appointed to serve more than two full terms. Vacancies occurring during a term shall be filled by appointment by the commissioner for the remainder of the unexpired term, and such successor shall meet the requirements and criteria of selection of the person previously holding the vacant position. To be eligible to serve on the committee, each individual member shall be and remain actively involved in the profession or industry of his or her appointed committee position. The position of any member of the committee who, during his or her term of appointment, shall cease to meet the qualifications for original appointment shall be deemed to be vacated. Members of said committee shall consist of technically qualified, interested, and affected persons appointed by the commissioner from the following professional, technical, and occupational fields:
   1. Two members shall be licensed design professionals representing two of the following: structural engineering, electrical engineering, architecture, or mechanical engineering;
   2. One member shall be a building code enforcement officer;
   3. One member shall be from the residential industrialized building industry;
   4. One member shall be from the commercial industrialized building industry;
   5. One member shall be from the industrialized building installation industry;
   6. One member shall be an elected member of the governing body of a municipality;
   7. One member shall be an elected member of the governing body of a county;
   8. One member shall be from the industrialized building evaluation-inspection service;
   9. One member shall be from a regional commission; and
   10. One member shall be the Commissioner of the Department of Community Affairs or his or her designee.
5. The advisory committee shall meet on call by the commissioner, and the members of the advisory committee shall be reimbursed for any reasonable and necessary travel and other expenses actually incurred by them while attending meetings of said committee.
6. Recommendations from this committee shall be subject to approval by an advisory committee appointed by the commissioner pursuant to Code Section 8-2-24.
7. The commissioner may set qualifications and employ and fix the compensation of any state inspectors or other employees necessary to carry out the provisions of this part. The commissioner may authorize such state inspectors to travel inside or outside the state for the purpose of inspecting industrialized buildings and manufacturing facilities to determine compliance of such structures with standards promulgated pursuant to this part. Upon the request of a local government, the commissioner may authorize a state inspector to visit any site of installation of industrialized buildings for the purpose of inspecting such installation on behalf of the local government requesting such service. The cost of any inspections made pursuant to this subsection shall be borne by the manufacturer in such manner as the commissioner may prescribe by rule.
8. The commissioner may establish necessary training programs for a local government enforcement agency and inspection agency personnel.

History. Ga. L. 1971, p. 364, § 4; Ga. L. 1980, p. 1316, § 13; Code 1981, § 8-2-113 ; Ga. L. 1982, p. 1637, § 1; Ga. L. 1989, p. 1317, § 6.2; Ga. L. 2004, p. 631, § 8; Ga. L. 2007, p. 275, § 1/SB 246; Ga. L. 2008, p. 181, § 12/HB 1216; Ga. L. 2008, p. 324, § 8/SB 455.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1986, a hyphen was deleted twice between “factory” and “built” in the first sentence of subsection (c).

Editor’s notes.

The State Building Administrative Board, referred to in subsection (c), was created by Ga. L. 1969, p. 546, § 2. That Act was repealed by Ga. L. 1980, p. 1316, § 14. All functions previously exercised by the State Building Administrative Board with regard to factory built housing were transferred to the commissioner of community affairs by Ga. L. 1980, p. 1316, § 13.

Administrative rules and regulations.

Administration, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-1.

Definitions, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-2.

Adoption of Codes, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-3.

Local authority, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-4.

Agency requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-5.

Agency responsibilities, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-6.

Manufacturer requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-7.

Building system, model plan, and installation requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-8.

Quality control requirements for manufacturing facilities, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-9.

State insignia and data plate requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-10.

Certification of existing industrialized building requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-11.

Schedule of fees, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-13.

Appeals, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Affairs, Industrialized Buildings, Chapter 110-2-14.

8-2-114. Approval by commissioner of industrialized building meeting standards prescribed by other states; delegation of inspection authority.

1. If the commissioner determines that the standards for construction and inspection of industrialized buildings prescribed by statute or rule of another state are reasonably consistent with the standards developed by the commissioner under this part and that such standards are actually enforced by such other state, the commissioner may provide by rule that industrialized buildings approved by such other state are approved by the commissioner.
2. The commissioner may assign inspection authority contained in this part by contract with political subdivisions of the State of Georgia, private persons, corporations, and associations.

History. Ga. L. 1971, p. 364, § 5; Code 1981, § 8-2-114 ; Ga. L. 1982, p. 1637, § 1.

8-2-115. Appeals from applications of rules and regulations.

1. Any person aggrieved by the application of any rule or regulation to such person, which rule or regulation is promulgated pursuant to this part, may appeal such application of such rule or regulation. Any such appeal shall be made to an appeals committee appointed by the commissioner which shall consist of not less than three nor more than five members.
2. The commissioner may promulgate rules and regulations pertaining to the hearing of appeals consistent with the provisions of this Code section.
3. A final decision of an appeals committee of the commissioner may be appealed in the same manner specified in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” to the same courts with the same rights and limitations specified in such chapter.

History. Ga. L. 1971, p. 364, § 6; Code 1981, § 8-2-115 ; Ga. L. 1982, p. 1637, § 1; Ga. L. 1983, p. 3, § 6.

8-2-116. Injunctive relief.

The commissioner may obtain injunctive relief from the superior court to enjoin the sale, delivery, or installation or to require the inspection, repair, or removal of an industrialized building upon an affidavit specifying the manner in which the industrial building does not conform to the requirements of this part or to rules and regulations promulgated pursuant to this part. In order to avail himself of the remedies provided for in this Code section, it shall not be necessary for the commissioner to allege or to prove the absence of an adequate remedy at law.

History. Ga. L. 1971, p. 364, § 7; Code 1981, § 8-2-116 ; Ga. L. 1982, p. 1637, § 1; Ga. L. 1983, p. 3, § 6; Ga. L. 1992, p. 1158, § 2.

8-2-117. Civil cause of action against manufacturers, installers, or dealers of industrialized buildings; damages, costs, and attorney’s fees.

Notwithstanding any other remedy at law, a person who suffers an injury to his person or property or to his person and property as a result of a violation of this part or rules and regulations adopted pursuant hereto shall have a cause of action against the manufacturer, installer, or dealer, or any combination thereof, of the industrialized building causing such injury. Any award may include damages and the cost of litigation, including reasonable attorney’s fees.

History. Ga. L. 1971, p. 364, § 8; Code 1981, § 8-2-117 ; Ga. L. 1982, p. 1637, § 1; Ga. L. 1992, p. 1158, § 3.

8-2-117.1. Cease and desist orders and penalties for violations of part; appeals.

Whenever the commissioner has reason to believe that any person is or has been violating provisions of this part, the commissioner may issue and deliver to such person an order to cease and desist such violation. In addition, the commissioner may impose a penalty not to exceed $1,000.00 for each day the violation exists. A separate violation shall be deemed to have occurred with respect to each industrialized building or component involved. Decisions made pursuant to this Code section may be appealed as provided for in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

History. Code 1981, § 8-2-117.1 , enacted by Ga. L. 1992, p. 1158, § 4.

8-2-118. Penalty; separate violations.

A person who violates any of the provisions of this part or any rule or regulation adopted pursuant to this part shall be guilty of a misdemeanor. A separate violation shall be deemed to have occurred with respect to each industrialized building or component involved.

History. Ga. L. 1971, p. 364, § 9; Code 1981, § 8-2-118 , enacted by Ga. L. 1982, p. 1637, § 1; Ga. L. 1997, p. 143, § 8.

8-2-119. Applicability of part.

The provisions of this part shall not apply to Part 2 of this article relating to manufactured homes.

History. Ga. L. 1971, p. 364, § 10; Code 1981, § 8-2-119 , enacted by Ga. L. 1982, p. 1637, § 1; Ga. L. 1983, p. 3, § 6.

8-2-120. Authority to enter to determine compliance with part.

The commissioner or the authorized representatives of the commissioner may enter at reasonable times any factory, warehouse, site, or establishment in which industrialized buildings are manufactured, stored, held for sale, or installed for the purpose of ascertaining whether the requirements of this part and the rules and regulations issued pursuant to this part have been and are being met.

History. Code 1981, § 8-2-120 , enacted by Ga. L. 1992, p. 1158, § 5.

8-2-121. Records and reports to be maintained by manufacturers, dealers, and installers; inspection of books, papers, records, and documents.

Each manufacturer, dealer, or installer of industrialized buildings shall establish and maintain such records, make such reports, and provide such information as the commissioner may require by rule or regulation in order to determine whether the manufacturer, dealer, or installer has acted or is acting in compliance with this part. The commissioner may inspect the appropriate books, papers, records, and documents relevant to determining whether the manufacturer, dealer, or installer has acted or is acting in compliance with this part. This authority shall be liberally construed.

History. Code 1981, § 8-2-121 , enacted by Ga. L. 1992, p. 1158, § 5.

8-2-130. Short title.

This part shall be known and may be cited as “The Uniform Standards Code for Manufactured Homes Act.”

History. Ga. L. 1973, p. 4, § 1; Code 1981, § 8-2-130 ; Ga. L. 1982, p. 1376, §§ 1, 7; Ga. L. 2004, p. 607, § 1.

8-2-131. Definitions.

As used in this part, the term:

1. “Commissioner” means the Safety Fire Commissioner.
2. “Installer” means a person responsible for performing an installation and who is required to obtain a license pursuant to the provisions of Code Section 8-2-160.
3. “Lending institutions” means lenders that acquire manufactured or mobile homes incident to their regular business, including national and state chartered banks, federal and state chartered credit unions, lenders that are licensed under Article 13 of Chapter 1 of Title 7, and lenders that are involved in manufactured or mobile home chattel lending.
4. “Manufactured home” means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
5. “Manufacturer” means any person who constructs or assembles manufactured homes.
6. “Mobile home” means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976.
7. “Person” means an individual, corporation, partnership, association, or any other legal entity but shall not include a trust or the state or any political subdivision thereof.
8. “Retail broker” means any person engaged in the business of selling or offering for sale to consumers three or more new or used manufactured or mobile homes in a 12 month period and who does not maintain a display of manufactured or mobile homes. As used in this paragraph, the terms “selling” and “sale” include lease-purchase transactions, and the term “retail broker” does not include lending institutions.
9. “Retailer” means any person engaged in the business of selling or offering for sale to consumers three or more new or used manufactured or mobile homes in a 12 month period and who maintains a display of manufactured or mobile homes. As used in this paragraph, the terms “selling” and “sale” include lease-purchase transactions, and the term “retailer” does not include lending institutions.

History. Ga. L. 1968, p. 415, § 2; Ga. L. 1973, p. 4, § 2; Code 1981, § 8-2-131 ; Ga. L. 1982, p. 1376, §§ 3, 7; Ga. L. 1989, p. 14, § 8; Ga. L. 1992, p. 2750, § 1; Ga. L. 2004, p. 607, § 1; Ga. L. 2015, p. 5, § 8/HB 90.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2004, a comma was deleted following “entity” in paragraph (7).

8-2-132. Authority of Commissioner; policy and purpose.

1. The Commissioner is authorized and empowered to contract or enter into cooperative agreements with any agency, department, or instrumentality of the United States; any agency, board, department, or commission of the state; any county, municipality, or local government of the state, or any combination of same; any public or private corporation or firm, or any persons whatsoever; or any public authority, agency, commission, or institution to participate in the enforcement of manufactured home construction and safety standards which may be promulgated pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.; provided, however, that the Commissioner shall notify the United States Department of Housing and Urban Development by July 1 of his or her intention to terminate any such contract or agreement, which termination shall become effective on July 1 of the following year.
2. It is the policy of this state and purpose of this part to forbid the manufacture and sale of new manufactured homes which are not constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
3. The Commissioner is authorized and empowered to issue and promulgate all rules and procedures which in his or her judgment are necessary and desirable to make effective the construction standards established by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

History. Ga. L. 1968, p. 415, § 3; Ga. L. 1973, p. 4, § 3; Ga. L. 1977, p. 879, § 1; Code 1981, § 8-2-132 ; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 2004, p. 607, § 1.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2004, in subsection (a), “corporation or” was substituted for “corporation,” near the beginning and “agreement, which” was substituted for “agreement which” near the end.

Administrative rules and regulations.

Rules and regulations for manufactured homes, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Rules of Safety Fire Commissioner, Chapter 120-3-7.

8-2-133. Promulgation of rules and regulations by Commissioner; making of investigations and inspections.

During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, the Commissioner may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, to obtain statistical data concerning manufactured homes, and to prescribe means, methods, and practices to make this part effective. The Commissioner may also make such investigations and inspections as in his or her judgment are necessary to enforce and administer this part.

History. Ga. L. 1968, p. 415, § 7; Ga. L. 1973, p. 4, § 7; Code 1981, § 8-2-133 ; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 2004, p. 607, § 1.

8-2-134. Manufacture and sale of manufactured homes constructed and assembled in accordance with rules issued by Commissioner.

During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, no person may manufacture, sell, or offer for sale any manufactured home unless such manufactured home and its components, systems, and appliances have been constructed and assembled in accordance with rules issued by the Commissioner with respect to the construction, assembly, and sale of such manufactured homes and unless compliance with such rules is shown in the manner required by the Commissioner’s rules.

History. Ga. L. 1968, p. 415, § 4; Ga. L. 1973, p. 4, § 4; Code 1981, § 8-2-134 ; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 2004, p. 607, § 1.

Editor’s notes.

Pursuant to the authority granted by Code Section 8-2-132, the Safety Fire Commissioner has promulgated rules pertaining to the construction of mobile homes. These rules are designated as Ch. 120-3-7 of the Rules and Regulations of the State of Georgia and are on file in the Office of the Comptroller General.

8-2-135. Licenses for manufacturers who build, sell, or offer for sale manufactured homes in state; licenses for dealers of manufactured or mobile homes.

During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132:

1. Every manufacturer who manufactures manufactured homes outside the State of Georgia and who sells or offers for sale a manufactured home in Georgia shall apply for and obtain a license;
2. Every manufacturer who manufactures manufactured homes in Georgia shall apply for and obtain a license;
3. Every retailer and retail broker who sells or offers for sale new or used manufactured homes or mobile homes in Georgia shall apply for and obtain a license;
4. Applications for licenses and renewal licenses shall be obtained from the Commissioner and submitted on or before January 1 of each year. All applicants shall certify in the application that all construction, electrical, heating, and plumbing standards will be complied with as set forth in this part and in the rules and regulations of the Commissioner; and
5. The license and renewal license fee shall be $440.00 per manufacturing plant which manufactures manufactured homes within the State of Georgia; $440.00 per out-of-state manufacturing plant which manufactures manufactured homes for the purpose of offering for sale, or having such homes sold, within the State of Georgia; and $300.00 per retailer location and retail broker which sells, offers for sale, or transports to sell such homes within the State of Georgia. The license shall be valid from January 1 through December 31 of the year in which it was issued. The fee for delinquent renewal applications received after January 10 of each year shall be double the regular annual renewal fee.

History. Ga. L. 1968, p. 415, § 5; Ga. L. 1973, p. 4, § 5; Ga. L. 1979, p. 1286, § 1; Code 1981, § 8-2-135 ; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 1983, p. 456, § 1; Ga. L. 1984, p. 22, § 8; Ga. L. 1992, p. 2725, § 3; Ga. L. 1992, p. 2750, § 2; Ga. L. 1993, p. 91, § 8; Ga. L. 2004, p. 607, § 1; Ga. L. 2010, p. 9, § 1-19/HB 1055.

8-2-135.1. Manufacturing inspection fee; reinspection; monitoring inspection fee.

1. During such time as the Commissioner’s office is acting as the primary inspection agency pursuant to Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued thereunder, every manufacturer who manufactures manufactured homes in Georgia shall pay to the Commissioner a manufacturing inspection fee for each manufactured home manufactured in Georgia, irrespective of whether the manufactured home is offered for sale in this state. This manufacturing inspection fee shall be $30.00 for each certification label, as defined in Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. For any reinspection, a $15.00 additional fee shall be charged.
2. During such time as the Commissioner’s office is acting as the state administrative agency pursuant to Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., a monitoring inspection fee paid by each manufacturer in Georgia for each manufactured home manufactured in this state shall be paid to the secretary of the United States Department of Housing and Urban Development or to the secretary’s agent for distribution in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., and the regulations promulgated thereunder.

History. Code 1981, § 8-2-135.1 , enacted by Ga. L. 2004, p. 607, § 1; Ga. L. 2010, p. 9, § 1-20/HB 1055.

8-2-136. Records and reports of manufactured home manufacturers, retailers, retail brokers, and installers; inspection of such books and records.

Each manufacturer, retailer, retail broker, and installer of manufactured homes shall establish and maintain such records, make such reports, and provide such information as the Commissioner or the secretary of the United States Department of Housing and Urban Development may reasonably require in order to be able to determine whether the manufacturer, retailer, retail broker, or installer has acted or is acting in compliance with this part or with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Upon the request of a person duly designated by the Commissioner or the secretary of the United States Department of Housing and Urban Development, each manufacturer, retailer, retail broker, and installer shall permit that person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, retailer, retail broker, or installer has acted or is acting in compliance with this part or with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

History. Ga. L. 1979, p. 1286, § 2; Code 1981, § 8-2-136 ; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 2004, p. 607, § 1.

8-2-137. Conduct of hearings and presentations of views; dispute resolution program.

1. Any hearing conducted under the provisions of this chapter or of the rules and regulations promulgated under this part shall be in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
2. The Commissioner shall be authorized to determine by regulation the manner in which he or she will conduct presentations of views as required during his or her participation as the state administrative agency pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
3. The Commissioner may, through regulations, establish a dispute resolution program in compliance with 42 U.S.C. Section 5422, the National Manufactured Housing Construction and Safety Standards Act of 1974.

History. Ga. L. 1973, p. 4, § 8; Code 1981, § 8-2-137 ; Ga. L. 1982, p. 1376, §§ 5, 7; Ga. L. 1983, p. 3, § 6; Ga. L. 2004, p. 607, § 1.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1989, “Manufactured Housing” was substituted for “Mobile Home” in subsection (b).

8-2-138. Alterations or modifications in manufactured homes by retailers, retail brokers, or installers.

During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, retailers, retail brokers, and installers are expressly prohibited from altering or modifying any manufactured home certified under this part and under the rules and regulations of the Commissioner, except that alterations, changes, or modifications may be made by retailers, retail brokers, or installers certified to make such alterations, changes, or modifications in accordance with rules and regulations promulgated by the Commissioner.

History. Ga. L. 1973, p. 4, § 9; Code 1981, § 8-2-138 ; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 2004, p. 607, § 1.

8-2-139. Interfering with representative of Commissioner in performance of duties; entry and inspection of premises where manufactured homes are manufactured or sold.

1. No person may interfere with, obstruct, or hinder an authorized representative of the Commissioner who displays proper department credentials in the performance of his or her duties as set forth in this part.
2. The Commissioner or any of his or her authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part, are authorized during regular business hours and without advance notice to enter and inspect all facilities, warehouses, or establishments in the State of Georgia in which manufactured homes are manufactured.
3. The Commissioner or any of his or her authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part, are authorized during regular business hours and without advance notice to enter upon and inspect all premises in the State of Georgia in which manufactured homes are being sold.

History. Ga. L. 1968, p. 415, § 8; Ga. L. 1973, p. 4, § 10; Ga. L. 1979, p. 1286, § 3; Code 1981, § 8-2-139 ; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 2004, p. 607, § 1.

8-2-140. Power of authorized representative of Commissioner to stop and inspect manufactured homes in transit.

Any authorized representative of the Commissioner may, upon displaying proper department credentials, stop and inspect any new manufactured home in transit in order to ascertain if the manufactured home complies with this part and the rules and regulations promulgated hereunder, provided that the manufactured home has been manufactured in this state or has been transported into this state for the purpose of sale within this state.

History. Ga. L. 1973, p. 4, § 11; Code 1981, § 8-2-140 ; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 1984, p. 22, § 8; Ga. L. 2004, p. 607, § 1.

Cross references.

Authority of law enforcement officers to stop vehicles for purposes of determining compliance with vehicle size, weight, and other laws, § 32-6-30 .

8-2-141. Monetary penalty; injunctive relief.

1. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, any retailer, retail broker, or manufacturer who fails to apply for or obtain a license as required by Code Section 8-2-135 or who fails to remit the appropriate license fee as stated in Code Section 8-2-135 shall be subject to a monetary penalty not to exceed $100.00 for each day that such violation persists, except that the maximum monetary penalty shall not exceed $20,000.00 for any one violation.
2. Any such monetary penalty may be imposed by the Commissioner after notice and opportunity for hearing as provided under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The amount of such penalty may be collected by the Commissioner in the same manner that money judgments are now enforced in the superior courts of this state.
3. In addition to any such monetary penalty, the Commissioner may bring a civil action to enjoin any violation of Code Section 8-2-135, and it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law.

History. Ga. L. 1968, p. 415, § 6; Ga. L. 1973, p. 4, § 6; Ga. L. 1974, p. 491, § 1; Code 1981, § 8-2-141 ; Ga. L. 1982, p. 1376, §§ 4, 7; Ga. L. 2004, p. 607, § 1.

8-2-142. Adjustment of taxes, license fees, or other fees imposed on foreign manufacturers domiciled in states which impose higher taxes, license fees, or other fees on Georgia-domiciled manufacturers.

If any state or foreign country imposes upon Georgia-domiciled manufactured home manufacturers (or upon their agents or representatives) any taxes, licenses, or other fees in the aggregate, or any fines, penalties, or other material obligations, prohibitions, or restrictions, for the privilege of doing business in that state or country, which costs, obligations, prohibitions, or restrictions are in excess of similar costs, obligations, prohibitions, or restrictions imposed by the State of Georgia upon manufactured home manufacturers (or their agents or representatives) which are domiciled in that state or foreign country and which are doing business or are seeking to do business in the State of Georgia, then so long as that state or foreign country continues to impose such costs, obligations, prohibitions, or restrictions upon Georgia-domiciled manufactured home manufacturers (or their agents or representatives), the State of Georgia shall impose upon manufactured home manufacturers (or their agents or representatives) which are domiciled in that state or foreign country and which are doing business or are seeking to do business in Georgia the same costs, obligations, prohibitions, or restrictions which are imposed by that state or foreign country on Georgia-domiciled manufactured home manufacturers (or their agents or representatives) which are doing business or seeking to do business in that state or foreign country. Any tax, license, or other fee or other obligation imposed by any city, county, or other political subdivision or agency of such other state or country on manufactured home manufacturers domiciled in Georgia (or their agents or representatives) shall be deemed to be imposed by such state or country within the meaning of this Code section.

History. Ga. L. 1975, p. 1557, § 1; Code 1981, § 8-2-142 ; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 2004, p. 607, § 1.

Editor’s notes.

Ga. L. 1973, p. 4, which forms the basis for this part, was amended by Ga. L. 1975, p. 1557, § 1, which added a “Section 12A” to the 1973 Act. The 1973 Act was also amended by Ga. L. 1979, p. 1286, § 5, which again added a “Section 12A” to the 1973 Act. It does not appear that the later Section 12A was intended to amend or supersede the earlier Section 12A, and both have been codified, the 1975 amendment as Code Section 8-2-142, the 1979 amendment as Code Section 8-2-143.

8-2-143. Civil and criminal penalty for violation of Section 610 of National Manufactured Housing Construction and Safety Standards Act of 1974 and regulations and final orders issued thereunder.

1. Civil penalties.  Any person in this state who violates any provision of Section 610 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or any regulation or final order issued thereunder, shall be liable to the State of Georgia for a civil penalty not to exceed the maximum civil penalty set forth in 24 C.F.R. Section 3282.10 for each such violation. Each violation of 42 U.S.C. Section 5401, et seq., or of any regulation or order issued thereunder shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed the maximum civil penalty set forth in 24 C.F.R. Section 3282.10 for any related series of violations occurring within one year from the date of the first violation.
2. Criminal penalties.  An individual or a director, officer, or agent of a corporation who knowingly and willfully violates any provision of Section 610 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., in a manner which threatens the health or safety of any purchaser shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00 or be imprisoned for not more than 12 months, or both.

History. Ga. L. 1968, p. 415, § 9; Ga. L. 1973, p. 4, § 12; Ga. L. 1979, p. 1286, §§ 4, 5; Code 1981, § 8-2-143 ; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 2004, p. 607, § 1; Ga. L. 2022, p. 401, § 1/SB 445.

The 2022 amendment, effective July 1, 2022, in subsection (a), substituted “the maximum civil penalty set forth in 24 C.F.R. Section 3282.10” for “$1,000.00” in the first sentence and for “$1 million” in the second sentence, and substituted “42 U.S.C. Section 5401, et seq.,” for “Section 610 of the aforementioned act” near the beginning of the second sentence.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1989, “Manufactured Housing” was substituted for “Mobile Home” in subsections (a) and (b).

Editor’s notes.

Ga. L. 1973, p. 4, which forms the basis for this part, was amended by Ga. L. 1975, p. 1557, § 1, which added a “Section 12A” to the 1973 Act. The 1973 Act was also amended by Ga. L. 1979, p. 1286, § 5, which again added a “Section 12A” to the 1973 Act. It does not appear that the later Section 12A was intended to amend or supersede the earlier Section 12A, and both have been codified, the 1975 amendment as Code Section 8-2-142, the 1979 amendment as Code Section 8-2-143.

8-2-144. Reporting and accounting for fees.

The Commissioner of Insurance shall file a report on or before December 15 of each year accounting for all fees received by the Commissioner under this part and Part 3 of this article for the preceding 12 month period and for the actual costs of the inspection programs under this part and Part 3 of this article for the preceding 12 month period. Such report shall be provided to the chairpersons of the House Appropriations Committee, the Senate Appropriations Committee, the House Governmental Affairs Committee, and the Senate Regulated Industries and Utilities Committee, the director of the Office of Planning and Budget, the director of the Senate Budget and Evaluation Office, and the director of the House Budget and Research Office.

History. Code 1981, § 8-2-144 , enacted by Ga. L. 2004, p. 607, § 1; Ga. L. 2008, p. VO1, § 1-2/HB 529; Ga. L. 2014, p. 866, § 8/SB 340.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2004, “for the preceding 12 month period” following “inspection programs” was deleted.

8-2-160. Definitions.

As used in this part, the term:

1. “Commissioner” means the Safety Fire Commissioner.
2. “Installation” means the construction of a foundation system and the placement or erection of a manufactured home or a mobile home on the foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such home and connecting multiple or expandable sections of such home.
3. “Installer” means a person responsible for performing an installation and who is required to obtain a license pursuant to the provisions of Code Section 8-2-164.
4. “Manufactured home” means a new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
5. “Manufacturer” means any person who constructs or assembles manufactured housing.
6. “Mobile home” means a new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and built prior to June 15, 1976.
7. “Person” means an individual, corporation, partnership, association, or any other legal entity, but shall not include a trust or the state or any political subdivision thereof.

History. Code 1981, § 8-2-160 , enacted by Ga. L. 1992, p. 2750, § 3; Ga. L. 2004, p. 607, § 2; Ga. L. 2015, p. 5, § 8/HB 90.

8-2-160.1. Cooperative agreements.

The Commissioner is authorized and empowered to contract or enter into cooperative agreements with any agency, department, or instrumentality of the United States as may be necessary to participate in the enforcement of manufactured home installation standards which may be promulgated pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.; provided, however, that the Commissioner shall notify the United States Department of Housing and Urban Development by July 1 of his or her intention to terminate any such contract or agreement, which termination shall become effective on July 1 of the following year.

History. Code 1981, § 8-2-160.1 , enacted by Ga. L. 2004, p. 607, § 2.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2004, a comma was inserted between “agreement” and “which”.

8-2-161. Duty of Commissioner to establish rules and procedures for licensure and installation.

During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1, the Commissioner may:

1. Establish rules and procedures for the licensure of installers as provided by Code Section 8-2-164 and the implementation and collection of an annual license fee, which shall be $300.00; and
2. Establish and publish in print or electronically rules and regulations governing the installation of manufactured homes and mobile homes to be followed in instances in which no manufacturer’s installation instructions are available. Such rules and regulations shall be equivalent to usual and ordinary manufacturer’s installation instructions.

History. Code 1981, § 8-2-161 , enacted by Ga. L. 1992, p. 2750, § 3; Ga. L. 2004, p. 607, § 2; Ga. L. 2010, p. 9, § 1-21/HB 1055; Ga. L. 2010, p. 838, § 10/SB 388.

8-2-162. Administration of part by Commissioner; investigation of consumer complaints.

During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1, the Commissioner has full authority to administer this part and may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, to obtain statistical data concerning manufactured homes and mobile homes, and to prescribe means, methods, and practices to make this part effective. The Commissioner may also make such investigations of consumer complaints relating to installations as in his or her judgment are necessary to enforce and administer this part.

History. Code 1981, § 8-2-162 , enacted by Ga. L. 1992, p. 2750, § 3; Ga. L. 2004, p. 607, § 2.

8-2-163. Prohibited act.

It shall be unlawful for any person to perform an installation of a manufactured home or a mobile home, without regard to whether such person receives compensation for such action, except as provided in this part.

History. Code 1981, § 8-2-163 , enacted by Ga. L. 1992, p. 2750, § 3; Ga. L. 2004, p. 607, § 2.

8-2-164. License required; permit purchase.

During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1:

1. Any installer performing any installation of a manufactured home or a mobile home in this state shall first obtain a license from the Commissioner; provided, however, that persons employed by or contracting with a licensed installer to perform installations shall not be required to obtain such license; and
2. In addition to the requirements of paragraph (1) of this Code section, any installer performing any installation of any new or pre-owned manufactured or mobile home in this state shall first purchase a permit from the Commissioner. The cost of such permit shall be $60.00 for each manufactured or mobile home. Each installer shall provide any information required by the Commissioner to be submitted to obtain a permit. A permit shall be attached by the installer to the panel box of each manufactured or mobile home upon completion of installation.

History. Code 1981, § 8-2-164 , enacted by Ga. L. 1992, p. 2750, § 3; Ga. L. 2004, p. 607, § 2; Ga. L. 2010, p. 9, § 1-22/HB 1055.

8-2-165. Compliance with manufacturer’s installation instructions; random inspections on installations.

1. Any installation of a manufactured home or a mobile home in this state shall be performed in strict compliance with the applicable manufacturer’s installation instructions, specifically including, without limitation, correctly installed tie-downs and anchors. In the absence of such instructions, installations shall be performed in accordance with the applicable rules and regulations adopted by the Commissioner.
2. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1, the Commissioner or his or her agent shall perform random inspections on installations performed by each installer each year. The inspections required by this subsection shall be independent of any requirements under Subpart I of Part 3282 of the Manufactured Home Procedural and Enforcement Regulations of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

History. Code 1981, § 8-2-165 , enacted by Ga. L. 1992, p. 2750, § 3; Ga. L. 2004, p. 607, § 2.

8-2-166. Penalty for violation.

Any person determined by the Commissioner to be in violation of this part may be penalized by a fine of not more than $500.00 for each such violation, and by the suspension or revocation of licensure. Multiple violations of this part occurring in a single installation shall constitute one violation. Each installation performed in violation of this part shall constitute a separate violation. In addition to any penalty imposed by the Commissioner, any person convicted of a violation of this part shall be guilty of and may be punished as for a misdemeanor.

History. Code 1981, § 8-2-166 , enacted by Ga. L. 1992, p. 2750, § 3; Ga. L. 2004, p. 607, § 2.

8-2-167. Political subdivisions prohibited from adopting or enforcing requirements not consistent with part.

No political subdivision may adopt or enforce any requirement not consistent with this part.

History. Code 1981, § 8-2-167 , enacted by Ga. L. 1992, p. 2750, § 3; Ga. L. 2004, p. 607, § 2.

8-2-168. Compliance with “Georgia Administrative Procedure Act.”

1. The adoption of rules and conduct of hearings under this part shall be in compliance with the provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
2. The Commissioner is authorized to provide by regulation the manner in which he or she will conduct presentations of views during his or her participation as the state administrative agency as required by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

History. Code 1981, § 8-2-168 , enacted by Ga. L. 1992, p. 2750, § 3; Ga. L. 2004, p. 607, § 2.

8-2-170. Definitions.

As used in this part, the term:

1. “Install” means to construct a foundation system and to place or erect a manufactured home on such foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured home and connecting multiple or expandable sections of such manufactured home.
2. “Manufactured home” means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
3. “Pre-owned manufactured home” is any manufactured home that has been previously used as a residential dwelling and has been titled.

History. Code 1981, § 8-2-170 , enacted by Ga. L. 2010, p. 306, § 1/SB 384.

8-2-171. Health and safety standards for pre-owned manufactured homes; inspections; immunity.

1. On and after September 1, 2010, any person who is the owner of real property or who has a right to the use of real property may install and occupy a pre-owned manufactured home on such property, provided that such pre-owned manufactured home is in compliance with the provisions of this part and any applicable county or municipal zoning ordinances.
2. No county or municipality shall impose any health and safety standards or conditions based upon the age of a manufactured home.
3. A county or municipality may establish health and safety standards and conditions and an inspection program for pre-owned manufactured homes which are relocated from their current locations.
4. Neither a county or municipality nor any inspector thereof inspecting a pre-owned manufactured home pursuant to this Code section shall be liable for any injuries to persons resulting from any defects or conditions in such pre-owned manufactured home.

History. Code 1981, § 8-2-171 , enacted by Ga. L. 2010, p. 306, § 1/SB 384.

8-2-180. Definitions.

As used in this part, the term:

1. “Clerk of superior court” means the clerk of the superior court of the county in which the property to which the home is or is to be affixed is located.
2. “Commissioner” means the state revenue commissioner and includes any county tax commissioner when so authorized by the state revenue commissioner to act on his or her behalf in carrying out the responsibilities of this part.
3. “Home” means a manufactured home.
4. “Manufactured home” has the meaning specified in paragraph (4) of Code Section 8-2-160.

History. Code 1981, § 8-2-180 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

Law reviews.

For survey article on real property law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 397 (2003).

For annual survey of real property law, see 58 Mercer L. Rev. 367 (2006).

8-2-181. Manufactured home as personal property; requirements for real property status; requirements for Certificate of Permanent Location.

1. Except as provided in Subpart 1A of this part, a manufactured home shall constitute personal property and shall be subject to the “Motor Vehicle Certificate of Title Act,” Chapter 3 of Title 40, until such time as the home is converted to real property as provided for in this part or as provided in Subpart 1A of this part.
2. A manufactured home shall become real property if:
   1. The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and
   2. The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location:
      1. In the real estate records of the county where the real property is located; and
      2. With the commissioner.
3. The Certificate of Permanent Location shall be in a form prescribed by the commissioner and shall include:
   1. The name and address of the owner of the home;
   2. The names and addresses of the holders of any security interest in and of any lien upon the home;
   3. The title number assigned to the home;
   4. A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property; and
   5. Any other data the commissioner prescribes.

History. Code 1981, § 8-2-181 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

Law reviews.

For annual survey of real property law, see 58 Mercer L. Rev. 367 (2006).

8-2-182. Recording of Certificate of Permanent Location; responsibilities of commissioner; notification to tax assessors.

1. When a Certificate of Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the Certificate of Permanent Location and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes. The clerk shall provide the owner with a certified copy of the Certificate of Permanent Location, reflecting its filing, and shall charge and collect the fees usually charged for the provision of certified copies of documents relating to real estate.
2. Upon receipt of a certified copy of a properly executed Certificate of Permanent Location, along with the certificate of title, the commissioner shall file and retain a copy of such Certificate of Permanent Location together with all other prior title records related to the home. When a properly executed Certificate of Permanent Location has once been filed, the commissioner shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the department’s records and except as provided in Subparts 2 and 3 of this part.
3. When a Certificate of Permanent Location is so filed, the commissioner shall issue to the clerk of the superior court with whom the original Certificate of Permanent Location was filed confirmation by the commissioner that the Certificate of Permanent Location has been so filed and the certificate of title has been surrendered.
4. Upon receipt of confirmation of the filing of the Certificate of Permanent Location from the commissioner, the clerk of superior court shall provide a copy of the Certificate of Permanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property.

History. Code 1981, § 8-2-182 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

Law reviews.

For annual survey of real property law, see 58 Mercer L. Rev. 367 (2006).

8-2-183. Status of home as part of real property.

1. When a Certificate of Permanent Location has been properly filed with the clerk of superior court, a certified copy of the Certificate of Permanent Location is properly filed with the commissioner, and the certificate of title is surrendered, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property.
2. When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.

History. Code 1981, § 8-2-183 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

8-2-183.1. Conditions under which manufactured home becomes real property; form and filing requirements for certificate of permanent location.

1. A manufactured home which has not been issued a certificate of title from the commissioner and which is sold on or after July 1, 2006, shall become real property if:
   1. The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and
   2. The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location in the real estate records of the county where the real property is located.
2. The Certificate of Permanent Location shall be in a form prescribed by the commissioner and shall include:
   1. The name and address of the owner of the home;
   2. The names and addresses of the holders of any security interest in and of any lien upon the home;
   3. As an attachment, the manufacturer’s original certificate of origin; and
   4. A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property.
3. A Certificate of Permanent Location shall be filed with the clerk of superior court, and the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the Certificate of Permanent Location and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.
4. When a Certificate of Permanent Location is properly filed with the clerk of superior court, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property.
5. When a properly executed Certificate of Permanent Location has once been filed, the commissioner shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the department’s records and except as provided in Subparts 2 and 3 of this part.
6. Upon recording the Certificate of Permanent Location, the clerk of superior court shall provide a copy of the Certificate of Permanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property.
7. When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.

History. Code 1981, § 8-2-183.1 , enacted by Ga. L. 2006, p. 702, § 1/SB 253.

Law reviews.

For annual survey of real property law, see 58 Mercer L. Rev. 367 (2006).

8-2-184. Reversion of manufactured home to personal property; Certificate of Removal from Permanent Location required.

1. A home which has previously become real property shall become personal property if:
   1. The manufactured home is or is to be removed from the real property with the written consent of the owner of the real property and the holders of all security interests therein; and
   2. The owner of the real property and the holders of all security interests therein execute and file a Certificate of Removal from Permanent Location:
      1. With the commissioner; and
      2. In the real estate records of the county where the real property is located.
2. The Certificate of Removal from Permanent Location shall be in a form prescribed by the commissioner and shall include:
   1. The name and address of the owner;
   2. The names and addresses of the holders of any security interest and of any lien;
   3. The title number formerly assigned to the home, if applicable;
   4. A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former Certificate of Permanent Location; and
   5. Any other data the commissioner prescribes.

History. Code 1981, § 8-2-184 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

8-2-185. Responsibilities of commissioner following receipt of Certificate of Removal from Permanent Location.

1. Upon receipt of a properly executed Certificate of Removal from Permanent Location, the commissioner shall file and retain a copy of such certificate together with all other prior title records related to the home and may thereafter issue a new certificate of title for the home. The commissioner shall charge and collect the fee otherwise prescribed by law for the issuance of a certificate of title.
2. When a Certificate of Removal from Permanent Location is so filed, the commissioner shall return to the filing party the original of the Certificate of Removal from Permanent Location containing thereon confirmation by the commissioner that the Certificate of Removal from Permanent Location has been so filed.

History. Code 1981, § 8-2-185 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

8-2-186. Responsibilities of clerk of superior court upon receipt of Certificate of Removal from Permanent Location.

1. The clerk of superior court shall not accept a Certificate of Removal from Permanent Location for filing unless the Certificate of Removal from Permanent Location contains thereon the confirmation by the commissioner that the Certificate of Removal from Permanent Location has been filed with the commissioner.
2. When a Certificate of Removal from Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the Certificate of Removal from Permanent Location and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.

History. Code 1981, § 8-2-186 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

8-2-187. Certificate of Destruction and requirements for issuance.

1. When a home which has previously become real property has been or is to be destroyed, the owner of the real property and the holders of all security interests therein shall execute and file a Certificate of Destruction:
   1. With the commissioner; and
   2. In the real estate records of the county where the real property is located.
2. The Certificate of Destruction shall be in a form prescribed by the commissioner and shall include:
   1. The name and address of the owner;
   2. The names and addresses of the holders of any security interest and of any lien;
   3. The title number formerly assigned to the home, if applicable;
   4. A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former Certificate of Permanent Location;
   5. Verification of the destruction by a law enforcement officer; and
   6. Any other data the commissioner prescribes.

History. Code 1981, § 8-2-187 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

8-2-188. Retention of titles by commissioner.

1. Upon receipt of a properly executed Certificate of Destruction, the commissioner shall file and retain a copy of such certificate together with all other prior title records related to the home.
2. When a Certificate of Destruction is so filed, the commissioner shall issue to the filing party the original of the Certificate of Destruction containing thereon confirmation by the commissioner that the Certificate of Destruction has been so filed.

History. Code 1981, § 8-2-188 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

8-2-189. Requirements for filing with clerk of superior court.

1. The clerk of superior court shall not accept a Certificate of Destruction for filing unless the Certificate of Destruction contains thereon the confirmation by the commissioner that the Certificate of Destruction has been filed with the commissioner.
2. When a Certificate of Destruction is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the Certificate of Destruction and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.

History. Code 1981, § 8-2-189 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2004, p. 631, § 8; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

8-2-190. Taxation as real property.

A manufactured home which constitutes real property shall not be subject to Article 10 of Chapter 5 of Title 48 but shall instead be taxed as real property and a part of the underlying real estate.

History. Code 1981, § 8-2-190 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

8-2-191. Filing fee.

The commissioner shall charge a fee of $18.00 for any filing under this part.

History. Code 1981, § 8-2-191 , enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.

8-2-200. Short title.

This article shall be known and may be cited as “The Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings.”

History. Code 1981, § 8-2-200 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-201. Purpose and applicability of article.

1. It is a purpose of this article to encourage the sensitive rehabilitation, restoration, stabilization, or preservation of existing buildings throughout this state and to encourage the preservation of buildings and structures deemed to be historic in total or in part; provided, however, that such rehabilitation and preservation efforts should provide for the upgrading of the safety features of the building or structure to provide a practical level of safety to the public and surrounding property. It is the further purpose of this article to provide guidance regarding acceptable alternative solutions and to stimulate enforcement authorities to utilize alternative compliance concepts wherever practical to permit the continued use of existing buildings and structures without overly restrictive financial burdens on owners or occupants.
2. The provisions of this article shall not be applicable to new construction.

History. Code 1981, § 8-2-201 , enacted by Ga. L. 1984, p. 1160, § 1; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “provided, however, that such rehabilitation” for “provided, however, such rehabilitation” in the first sentence of the proviso of subsection (a).

8-2-202. Definitions.

As used in this article, the term:

1. “Enforcement authority” means the Safety Fire Commissioner, the state fire marshal, local building officials, local fire marshals, or any other state or local officials responsible for the implementation, application, or enforcement of any state law or local ordinance relating to building construction, or any state or local rule or regulation relating to building construction, or any building, mechanical, electrical, plumbing, life safety or fire prevention codes, or other construction standards that apply or are intended to apply to existing buildings. The term “enforcement authority” also means any local official designated by the local governing authority as the enforcement authority for the purposes of this article.
2. “Existing building or structure” means any completed building or structure which has been placed in service for a minimum of five years.
3. “Safety Fire Commissioner” or “Commissioner” means the office created in Code Section 25-2-2.

History. Code 1981, § 8-2-202 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-203. Effect of article on state and local enforcement authorities.

The provisions of this article shall be mandatory and binding on the state fire marshal, the Safety Fire Commissioner, and other state officials responsible for state building code, fire code, life safety code, or other construction code enforcement. This article is not mandatory or binding on local enforcement authorities; provided, however, that any local building, fire, life safety, plumbing, electrical, mechanical, or other construction code enforcement authority may apply the applicable provisions of this article to any existing building whenever the local governing authority has adopted this article by reference and whenever such local code enforcement authority determines the need to utilize compliance alternatives to any provisions of the rules, regulations, codes, or standards he or she is empowered to interpret, apply, or enforce under authority of any state law or local ordinance. This article is a tool for use of code enforcement authorities to use as deemed appropriate in attempting to resolve problems encountered while enforcing codes and standards with regard to existing buildings and structures. Enforcement authorities should advise appropriate appeals boards of the provisions, purposes, and intent of this article.

History. Code 1981, § 8-2-203 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-204. Alteration or repair without total compliance with new construction requirements.

The provisions of this article shall require any state code enforcement authority and shall permit any authorized local code enforcement authority to permit the repair, alteration, addition, or change of use or occupancy of existing buildings without total compliance with any state or local rule, regulation, code, or standard for new construction requirements under the following general conditions:

1. All noted conditions hazardous to life, based on the provisions of applicable state and local standards or codes for existing buildings, shall be corrected to a reasonable and realistic degree as set forth in this article, with specific attention to Code Sections 8-2-214 through 8-2-219;
2. The existing building becomes the minimum performance standard; and
3. The degree of compliance of the building after changes must not be below that existing before the changes. Nothing in this article will require nor prohibit compliance with requirements more stringent than those provided in this article.

History. Code 1981, § 8-2-204 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-205. Identification and correction of certain conditions or defects.

With reference to existing buildings, authorized enforcement authorities should give special attention to the conditions or defects described in this Code section in accordance with the provisions of Code Section 8-2-204, so as to assure any such conditions or defects are identified and corrected as deemed appropriate by the enforcement authority having jurisdiction based on applicable state and local codes and through the utilization of appropriate compliance alternatives:

1. Structural.   Any building or structure or portion thereof which is in imminent danger of collapse because of but not limited to the following factors:
   1. Dilapidation, deterioration, or decay;
   2. Faulty structural design or construction;
   3. The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; or
   4. The deterioration, decay, or inadequacy of the foundation;
2. Number of exits.   Less than two approved independent, remote, and properly protected exit ways serving every story of a building, except where a single exit way is permitted by the applicable state or local fire or building code or life safety code;
3. Capacity of exits.   Any required door, aisle, passageway, stairway, or other required means of egress which is not of sufficient capacity to provide for the population of the portions of the building served and which is not so arranged as to provide safe and adequate means of egress to a place of safety; and
4. Mechanical systems.   Utilities and mechanical systems not in conformance with the codes in effect at the time of construction of a building which create a serious threat of fire or threaten the safety of the occupants of the building.

History. Code 1981, § 8-2-205 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-206. Consideration of compliance alternatives.

Code Sections 8-2-207 through 8-2-211 contain generally acceptable compliance alternatives illustrating principles which shall be applied to the rehabilitation of existing buildings by state enforcement authorities and which may be applied by authorized local enforcement authorities in Georgia. It is recognized for purposes of this article that all building systems interact with each other; therefore, any consideration of compliance alternatives should take into account all existing and proposed conditions to determine their acceptability. The compliance alternatives are not all-inclusive and do not preclude consideration and approval of other alternatives by any enforcement authority.

History. Code 1981, § 8-2-206 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-207. Compliance alternatives for inadequate number of exits.

Compliance alternatives for an inadequate number of exits include, but are not limited to, the following:

1. Provide connecting fire-exit balconies acceptable to the enforcement authority between buildings;
2. Provide alternate exit or egress facilities leading to safety outside the building or to a place of safe refuge in the building or an adjoining building as acceptable to the enforcement authority;
3. Provide an exterior fire escape or escapes as acceptable to the enforcement authority where the providing of enclosed interior or enclosed exterior stairs is not practical; or
4. Install early fire warning and fire suppression systems.

History. Code 1981, § 8-2-207 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-208. Compliance alternatives for excessive travel distances to approved exit.

Compliance alternatives for excessive travel distances to an approved exit include, but are not limited to, the following:

1. Install an approved smoke detection system throughout the building;
2. Install an approved complete automatic fire suppression system;
3. Subdivide the exit travel route with smoke-stop doors acceptable to the enforcement authority;
4. Increase the fire resistance rating of corridor walls and doors; or
5. Provide additional approved means of escape.

History. Code 1981, § 8-2-208 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-209. Compliance alternatives for unenclosed or improperly enclosed exit stairways or vertical shafts.

Compliance alternatives for unenclosed or improperly enclosed exit stairways or vertical shafts include, but are not limited to, the following:

1. Improve enclosure of exit stairway;
2. Add a partial fire suppression system;
3. Add a sprinkler draft curtain; or
4. Add a smoke detection system.

History. Code 1981, § 8-2-209 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-210. Compliance alternatives for inadequate fire partitions or walls.

Compliance alternatives for inadequate or a total lack of fire partitions or fire separation walls shall be as set forth in Code Section 8-2-209.

History. Code 1981, § 8-2-210 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-211. Compliance alternatives for lack of required protection of openings in exterior walls.

Compliance alternatives for a lack of required protection of openings in exterior walls where a fire exposure is a risk include, but are not limited to, the following:

1. Improve fire resistance of existing openings and protect them with fire-rated windows or doors as appropriate;
2. Seal the openings with fire-rated construction as approved by the enforcement authority; or
3. Install an approved fire suppression system.

History. Code 1981, § 8-2-211 , enacted by Ga. L. 1984, p. 1160, § 1.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1985, “resistance” was substituted for “resistence” in paragraph (1).

8-2-212. Filing of approved compliance alternatives.

Whenever action is taken on any existing building to repair, make alterations, or change the use or occupancy of an existing structure and, when said action proposes the use of compliance alternatives, the authorized enforcement authority shall ensure that at least one copy of the accepted compliance alternatives approved, including applicable plans, test data, or other data submitted for evaluation, be maintained on file in the office of the local enforcement authority. If said structure also falls under the jurisdiction of a state level enforcement authority, at least one copy of same material shall be maintained on file with that authority.

History. Code 1981, § 8-2-212 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-213. Final review of projects; agreement of local authorities.

Where an existing building or structure falls within the jurisdiction of both state level and local level enforcement authorities, the final review of any part of the project which is under the jurisdiction of both such enforcement authorities shall occur with the state authority; provided, however, that the local fire and building authorities must agree in writing with any compliance alternatives before such can be approved by the state authority. It is the intent of this Code section that the state enforcement authority be very liberal in the consideration and approval of compliance alternatives which have the documented support of local enforcement authorities.

History. Code 1981, § 8-2-213 , enacted by Ga. L. 1984, p. 1160, § 1; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “provided, however, that the local” for “provided, however, the local” in the first sentence of the proviso of this Code section.

8-2-214. Additions.

Additions to an existing building shall comply with the applicable requirements of state and local laws, rules, regulations, codes, and standards for new construction. Such additions shall not impose loads either vertical or horizontal which would cause the existing building to be subjected to stresses exceeding those permitted under new construction. If the existing building does not comply with the standards provided in this article and the authorized enforcement authority finds that the addition adversely affects the performance of the total building, the authorized enforcement authority may require:

1. The new addition to be separated from the existing structure by at least a two-hour fire wall with openings therein properly protected; or
2. The installation of an approved automatic fire suppression system; or
3. Other remedies which may be deemed appropriate by the enforcement authority.

History. Code 1981, § 8-2-214 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-215. Minor alterations or repairs; reduction or removal of features; alteration or repair without further compliance; installation of mechanical systems.

Minor alterations or repairs to an existing building which do not adversely affect the performance or safety of the building may be made with the same or like materials. Existing buildings which, in part or as a whole, exceed the requirements of any applicable construction or fire safety code, may, in the course of compliance with this article, have reduced or removed, in part or total, features not required by such code for new construction; provided, however, that such features were not a condition of prior approval. Existing buildings and structures which, in part or as a whole, do not meet the requirements of the applicable code for new construction may be altered or repaired without further compliance to any such code by utilizing the provisions of this article, provided that their present degree of compliance to any applicable construction or fire safety code is not reduced. Any new mechanical systems installed in an existing building shall conform to applicable codes for new construction to the fullest extent practical as approved by the authorized enforcement authorities.

History. Code 1981, § 8-2-215 , enacted by Ga. L. 1984, p. 1160, § 1; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “provided that their present” for “provided their present” in the middle of the next-to-last sentence of this Code section.

8-2-216. Continuation of legal use and occupancy.

The legal use and occupancy of any building or structure may be continued without change, except as may be provided otherwise by this article or as may be legally provided for by any applicable state or local law, ordinance, rule, regulation, code, or standard.

History. Code 1981, § 8-2-216 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-217. Total change in use or occupancy.

1. A total change in the use or occupancy of an existing building which would cause a greater hazard to the public shall not be made unless such building is made to comply with the requirements of the applicable state and local rules, regulations, codes, and standards for the new use or occupancy; provided, however, the compliance alternative provisions of this article may be utilized by authorized enforcement authorities where total or strict compliance with applicable state or local rules, regulations, codes, or standards is not practical.
2. When the proposed use is of equal or lesser hazard as determined by an authorized enforcement authority, further compliance with any code for new construction is not required unless otherwise provided in this article. Alterations or repairs to an existing building or structure which do not adversely affect the performance of the building may be made with like materials. Any proposed change to the existing building or change in type of contents of the existing building shall not increase the fire hazard to adjacent buildings or structures. If the fire hazard to adjacent buildings or structures is increased, then requirements of applicable construction or fire safety codes for exterior walls shall apply.

History. Code 1981, § 8-2-217 , enacted by Ga. L. 1984, p. 1160, § 1; Ga. L. 1985, p. 149, § 8.

8-2-218. Change of portion of building to new use or occupancy.

1. If a portion of a building is changed to a new use or occupancy and that portion is separated from the remainder of the building with vertical or horizontal fire separations complying with applicable state or local rules, regulations, codes, or standards or with compliance alternatives, then the portion changed shall be made to comply to the applicable requirements for the new use or occupancy to the extent noted in Code Section 8-2-217.
2. If a portion of the building is changed to a new use or occupancy and that portion is not separated from the remainder of the building as noted in subsection (a) of this Code section, then the provisions of the applicable state and local rules, regulations, codes, and standards applying to each use or occupancy of the building shall apply to the entire building to the extent noted in Code Section 8-2-217; provided, however, that if there are conflicting provisions in requirements for the various uses or occupancies, the authorized enforcement authority shall apply the strictest requirements.

History. Code 1981, § 8-2-218 , enacted by Ga. L. 1984, p. 1160, § 1; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “provided, however, that if” for “provided, however, if” in the proviso of subsection (b).

8-2-219. Changes which increase floor loading.

Any proposed change in the use or occupancy of an existing building or portion thereof which could increase the floor loading should be investigated by a Georgia registered professional engineer to determine the adequacy of the existing floor system to support the increased loads. If the existing floor system is found to be inadequate, it should be modified to support the increased loads or the proposed allowable floor loading shall be reduced by and posted by the appropriate enforcement authority.

History. Code 1981, § 8-2-219 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-220. Rules and regulations.

The Safety Fire Commissioner shall promulgate reasonable rules and regulations to implement and carry out the requirements of this article.

History. Code 1981, § 8-2-220 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-221. Appeals of rulings or decisions.

Should any person, firm, corporation, or other entity be dissatisfied with any ruling or decision of the state fire marshal pursuant to the provisions of this article, the right is granted to appeal within ten days to the Commissioner. If the person, firm, corporation, or other entity is dissatisfied with the decision of the Commissioner, appeal is authorized to the superior court within 30 days in the manner provided under Chapter 13 of Title 50. In the event of such appeal, the person, firm, corporation, or other entity shall give a surety bond which will be conditioned upon compliance with the order and direction of the state fire marshal or the Commissioner or both. The amount of bond shall be fixed by the Commissioner in such amount as will reasonably cover the order issued by the Commissioner or the state fire marshal or both.

History. Code 1981, § 8-2-221 , enacted by Ga. L. 1984, p. 1160, § 1.

8-2-222. Immunity of state and local entities; liability of property owner or user.

Nothing in this article shall be construed to constitute a waiver of the sovereign immunity of the state or any officer or employee thereof in carrying out the provisions of this article. Further, no action shall be maintained against the state, any municipality, county, or any duly authorized elected or appointed officer or duly authorized employee thereof, for damages sustained as a result of any fire or hazard covered by this article by reason of inspection or other action taken or not taken pursuant to this article. Nothing in this article shall be construed to relieve any property owner or lessee or person in charge thereof from any legal duty, obligation, or liability incident to the ownership, maintenance, or use of such property.

History. Code 1981, § 8-2-222 , enacted by Ga. L. 1984, p. 1160, § 1; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “elected or appointed officer” for “elected or appointive officer” in the middle of the second sentence of this Code section.

8-3-1. Short title.

This article may be referred to as the “Housing Authorities Law.”

History. Ga. L. 1937, p. 210, § 1.

8-3-2. Legislative findings and declaration of necessity.

It is declared that there exist in the state unsanitary and unsafe dwelling accommodations; that persons of low income are forced to reside in such accommodations; that within the state there is a shortage of safe and sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are therefore forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities; that these distressed areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, solely through the operation of private enterprise, and that the construction of housing projects for persons of low income, as such persons are defined in Code Section 8-3-3, would therefore not be competitive with private enterprise; that the clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired; and that it is in the public interest that work on such projects be commenced as soon as possible in order to relieve unemployment which now constitutes an emergency. The necessity in the public interest for the provisions enacted in this article is declared as a matter of legislative determination.

History. Ga. L. 1937, p. 210, § 2; Ga. L. 1996, p. 1417, § 1.

8-3-3. Definitions.

As used in this article, the term:

1. “Area of operation,” in the case of a housing authority of a city, means such city and any area which lies within the territorial boundaries of any other city, provided that a resolution shall have been adopted by the governing body of such other city declaring that there is a need for the city housing authority to exercise its powers within the territorial boundaries of said other city. No city, county, regional, or consolidated authority shall operate in any area in which an authority already established is operating without the consent by resolution of the authority already operating therein.
2. “Authority” or “housing authority” means any of the public corporations created by or pursuant to this article or any amendments thereto.
3. “Bonds” means any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this article.
4. “City” means any city in the state. “The city” means the particular city for which a particular housing authority is created.
5. “Clerk” means the clerk of the city or the clerk of the county, as the case may be, or the officer charged with the duties customarily imposed on such clerk.
6. “County” means any county in the state. “The county” means the particular county for which a particular housing authority is created.
7. “Dormitory housing project” means the construction, acquisition, remodeling, or improving of, or the adding to, any facility for use in connection with the housing of students at any member institution of the University System of Georgia.
8. “Federal government” means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
9. “Governing body” means, in the case of a city, the council, commission, board of aldermen, or other legislative body of the city, and, in the case of a county, the judge of the probate court, the county commissioners, or other legislative body of the county.
10. “Housing project” means:
    1. Any work or undertaking:
       1. To demolish, clear, or remove buildings from any slum area, including the adaptation of such area to public purposes such as parks or other recreational or community purposes;
       2. To provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income, including the providing of buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, or gardening or for administrative, community, health, recreational, educational, welfare, or other purposes; provided, however, that a project which is or is expected to be subject to a private enterprise agreement shall qualify as a “housing project” within the meaning of this article if at least 20 percent of the project is occupied by persons of low income; or
       3. To accomplish a combination of the foregoing; and
    2. The planning of the buildings and improvements; the acquisition of property; the demolition of existing structures; the construction, reconstruction, alteration, and repair of the improvements; and all other work in connection therewith.
11. “Mayor” means the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor.
12. “Obligee of the authority” or “obligee” means any bondholder, or the trustee or trustees for any bondholders; any lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor’s interest or any part thereof; and the federal government when it is a party to any contract with the authority.
13. “Persons of low income” means persons or families who lack the income necessary (as determined by the authority undertaking the housing project) to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings without overcrowding.

    (13.1) “Private enterprise agreement” means a contract between a housing authority and a person or entity operating for profit for:

    1. The management of a housing project;
    2. The development of and the provision of credit enhancement with respect to a housing project;
    3. The ownership or operation of a housing project by the for profit entity in which the housing authority participates, either directly or indirectly through a wholly owned subsidiary, for purposes of facilitating the development, provision of credit enhancement, operation, or management of such housing project in accordance with this article. Such participation may involve ownership by the housing authority of an interest in the housing project through the for profit entity, ownership by the housing authority of the land on which the housing project is developed, or provision by the housing authority of a combination of funds to the for profit entity for a portion of the construction costs of the housing project and funds to the for profit entity to subsidize the operating costs of units for persons of low income to the extent such contract is designated as a private enterprise agreement by the housing authority; or
    4. Any combination of any of the foregoing.
14. “Real property” means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens.
15. “Slum” means any area comprised predominantly of dwellings which are detrimental to safety, health, and morals by reason of dilapidation; overcrowding; faulty arrangement or design; lack of ventilation, light, or sanitary facilities; or any combination of these factors.

History. Ga. L. 1937, p. 210, § 3; Ga. L. 1939, p. 112, § 1; Ga. L. 1943, p. 146, §§ 1-4; Ga. L. 1951, p. 219, § 1; Ga. L. 1959, p. 65, § 2; Ga. L. 1987, p. 283, §§ 1, 2; Ga. L. 1996, p. 1417, § 2; Ga. L. 2007, p. 203, § 1/HB 30; Ga. L. 2021, p. 448, § 1/SB 144.

The 2021 amendment, effective July 1, 2021, in paragraph (1), in the first sentence, deleted “the area within ten miles of the territorial boundaries thereof but does not mean” following “such city and”, and substituted “city, provided that” for “city unless”.

8-3-3.1. Additional definitions.

As used in this article, the term:

1. “Community facilities” means the land, buildings, improvements, and equipment for such recreational, community, educational, and commercial facilities as the authority determines improve the quality of an eligible housing unit.
2. “Eligible housing unit” means real and personal property located in the state constituting single or multifamily dwelling units suitable for occupancy by low and moderate income families and such community facilities as may be incidental or appurtenant thereto; provided, however, that all multifamily dwelling units located within an apartment complex shall qualify as “eligible housing units” if at least 20 percent of the multifamily dwelling units within the complex are occupied by or are held available for occupancy by low and moderate income families.
3. “Low and moderate income families” means persons and families of one or more persons, irrespective of race, creed, national origin, or sex determined by the authority to require such assistance as is made available by this article on account of insufficient personal or family income, taking into consideration, without limitation, such factors as:
   1. The amount of total income of such persons and families available for housing needs;
   2. The size of the families;
   3. The cost and condition of housing facilities available;
   4. The ability of such persons and families to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing sanitary, decent, and safe housing; and
   5. If appropriate, standards established for various federal programs with respect to housing determining eligibility based on income of such persons and families.
4. “Mortgage lenders” means national banking associations, banks chartered under the laws of the state, savings and building and loan associations chartered under the laws of the state or of the United States of America, the Federal National Mortgage Association, and federal or state credit unions. The term shall also include mortgage bankers and other financial institutions or governmental agencies which are authorized to deal in mortgages insured or guaranteed by the federal government and other entities authorized to extend loans for single or multifamily housing under the laws of the state.
5. “Mortgage loans” means notes and other evidences of indebtedness secured by mortgages.
6. “Mortgaged property” means all properties, real, personal, and mixed, and all interests therein, including grants or subsidies with respect thereto, mortgaged, pledged, or otherwise provided in any manner as security for mortgage loans or loans to mortgage lenders.
7. “Mortgages” means security deeds, mortgages, deeds of trust, and other instruments granting security interests in real and personal properties constituting eligible housing units.

History. Ga. L. 1982, p. 2228, § 1; Code 1981, § 8-3-3.1 , enacted by Ga. L. 1982, p. 2228, § 4; Ga. L. 1986, p. 797, § 1.

U.S. Code.

The Federal National Mortgage Association, referred to in paragraph (4), is provided for in 12 U.S.C. § 1716 et seq.

8-3-4. Creation of housing authorities.

In each city and in each county of the state there is created a public body corporate and politic to be known as the “housing authority” of the city or county; provided, however, that such authority shall not transact any business or exercise its powers under this article until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time hereafter that there is need for an authority to function in such city or county. The determination as to whether there is such need for an authority to function may be made by the governing body on its own motion or shall be made by the governing body upon the filing of a petition signed by 25 residents of the city or county, as the case may be, asserting that there is need for an authority to function in such city or county and requesting that the governing body so declare.

History. Ga. L. 1937, p. 210, § 4; Ga. L. 1939, p. 126, § 1; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1.

8-3-5. Findings required before adoption of resolution.

1. A governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, as the case may be, if it shall find that insanitary or unsafe inhabited dwelling accommodations exist in such city or county or that there is a shortage of safe or sanitary dwelling accommodations in such city or county available to persons of low income at rentals they can afford.
2. In determining whether dwelling accommodations are unsafe or insanitary, said governing body may take into consideration the degree of overcrowding; the percentage of land coverage; the light, air, space, and access available to the inhabitants of such dwelling accommodations; the size and arrangement of the rooms; the sanitary facilities; and the extent to which conditions which endanger life or property by fire or other causes exist in such buildings.

History. Ga. L. 1937, p. 210, § 4.

8-3-6. Resolution as conclusive evidence of authority’s establishment and authority.

In any action or proceeding involving the validity or enforcement of, or otherwise relating to, any contract of an authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this article upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution shall be deemed sufficient if it declares that there is need for an authority and finds in substantially such terms as appear in subsection (a) of Code Section 8-3-5, no further detail being necessary, that either or both of the conditions enumerated in that subsection exist in the city or county, as the case may be.

History. Ga. L. 1937, p. 210, § 4; Ga. L. 1939, p. 126, § 1; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1; Ga. L. 2011, p. 99, § 7/HB 24.

Cross references.

Hearsay rule exceptions, § 24-8-803 .

Self authentication, § 24-9-902 .

Public records, § 24-10-1005 .

Editor’s notes.

Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the amendment made by that Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews.

For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

8-3-7. Applicability of local laws, ordinances, and regulations to housing projects.

All housing projects of an authority shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the housing project is situated.

History. Ga. L. 1937, p. 210, § 13.

8-3-8. Exemption of authorities and their property from taxes and special assessments; payments in lieu of taxes and special assessments.

The property of an authority is declared to be public property used for essential public and governmental purposes and not for purposes of private or corporate benefit and income. That portion of any housing project subject to a private enterprise agreement contemplated by subparagraph (C) of paragraph (13.1) of Code Section 8-3-3 consisting of the eligible housing units therein that are occupied or reserved for occupancy by persons of low income is declared to be public property used for essential public and governmental purposes and not for purposes of private or corporate benefit or income. Therefore, an authority and its property, as well as only that portion of any housing project subject to a private enterprise agreement contemplated by subparagraph (C) of paragraph (13.1) of Code Section 8-3-3 consisting of the eligible housing units therein that are occupied or reserved for occupancy by persons of low income, shall be exempt from all taxes and special assessments of the city, the county, and the state or any political subdivision thereof, provided that, in lieu of such taxes or special assessments, an authority may agree to make payments to the city or the county or any such political subdivision for improvements, services, and facilities furnished by such city, county, or political subdivision for the benefit of a housing project; but in no event shall such payments exceed the estimated cost to such city, county, or political subdivision of the improvements, services, or facilities to be so furnished.

History. Ga. L. 1937, p. 210, § 21; Ga. L. 1996, p. 1417, § 3.

8-3-9. Filing reports with clerk; recommending legislation or other necessary action.

At least once a year, an authority shall file with the clerk a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this article.

History. Ga. L. 1937, p. 210, § 22.

8-3-10. Vesting of fee simple title upon an authority’s exercise of power of eminent domain.

Whenever a housing authority is or has been created under the terms of this article, and whenever it is determined by the commissioners or other governing body of such authority to be necessary or advisable to exercise the power of eminent domain by condemning property, and whenever such condemnation proceedings are instituted and carried on under Chapter 2 of Title 22 or through any other method of condemnation provided by law, then upon the payment by such authority seeking condemnation of the amount of the award, or the amount of the final judgment on appeal, such authority shall become vested with a fee simple indefeasible title to the property to which such condemnation proceedings relate. It is declared to be necessary in order to enable such authorities to exercise their franchise that, upon such condemnation proceedings being had, such housing authorities shall become vested with fee simple indefeasible title to the property involved in such proceedings.

History. Ga. L. 1939, p. 112, § 7.

8-3-11. Renting of housing units — Requirements as to fixing of rentals by authorities generally.

It is declared to be the policy of this state that each housing authority shall manage and operate its housing projects or, in the event of its use of a private enterprise agreement, shall cause each housing project subject thereto to be managed and operated in an efficient manner so as to enable it to fix the rentals for dwelling accommodations for persons of low income at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations for persons of low income, and that no housing authority shall construct or operate the dwelling accommodations in any such project that are occupied or reserved for occupancy by persons of low income for a profit or as a source of revenue to the city or the county. To this end, an authority shall fix the rentals for those dwelling accommodations in such housing projects that are occupied or reserved for occupancy by persons of low income at no higher rates than it shall find necessary in order to produce revenues which, together with all other available moneys, revenues, income, and receipts of the authority from whatever sources derived, will be sufficient:

1. To pay, as the same become due, the principal of and the interest on the bonds of the authority which from time to time are outstanding;
2. To meet the cost of maintaining and operating the eligible housing units in such projects that are used, occupied, or reserved for use or occupancy by persons of low income, including the cost of any insurance; to meet the administrative expenses of the authority; and to provide reasonable reserves for maintenance and operating expenses; and
3. To create and maintain such reasonable reserves as may be required in connection with the issuance of any bonds of the authority now outstanding or hereafter issued, and to create and maintain reasonable reserves for its future operations.

History. Ga. L. 1937, p. 210, § 9; Ga. L. 1959, p. 65, § 1; Ga. L. 1996, p. 1417, § 4.

8-3-12. Dwelling accommodations for persons of low income; duties with respect to rentals and tenant selection.

1. In the operation or management of housing projects, an authority shall at all times observe or cause to be observed the following duties with respect to rentals and tenant selection in those dwelling accommodations that are reserved for occupancy by persons of low income:
   1. It may rent or lease such dwelling accommodations only to persons of low income;
   2. It may rent or lease such dwelling accommodations only at rentals within the financial reach of such persons of low income;
   3. It may rent or lease such dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed low-income occupants thereof without overcrowding;
   4. It shall not accept any person as a tenant in such dwelling accommodations if the person or persons who would occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $100.00 for each minor member of the family other than the head of the family and his or her spouse, in excess of five times the annual rental of the dwelling accommodation to be furnished such person or persons. In computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost to the occupants, as determined by the authority, of heat, water, electricity, gas, cooking range, and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental; and
   5. It shall prohibit subletting by low-income tenants.
2. Nothing contained in this Code section or Code Section 8-3-11 shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a default by the authority or by any for profit entity in which the authority participates, directly or indirectly, through a private enterprise agreement, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by this Code section or Code Section 8-3-11, provided that an authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority.

History. Ga. L. 1937, p. 210, § 10; Ga. L. 1939, p. 112, § 4; Ga. L. 1951, p. 219, § 5; Ga. L. 1996, p. 1417, § 5.

Cross references.

Criminal penalty for fraudulently obtaining or attempting to obtain public housing or reduction in public housing rent, § 16-9-55 .

8-3-13. Cooperation and joint operation by authorities.

1. Any two or more authorities may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing (including the issuance of bonds, notes, or other obligations and giving security therefor), planning, undertaking, owning, constructing, operating, or contracting with respect to a housing project or projects located within the area of operation of any one or more of said authorities. For such purpose, an authority may by resolution prescribe and authorize any other housing authority or authorities, so joining or cooperating with it, to act on its behalf with respect to any or all powers. For purposes of this Code section the term “authorities” shall include an urban residential finance authority created pursuant to the provisions of Chapter 41 of Title 36.
2. Any authorities joining or cooperating with one another may by resolution appoint from among the commissioners of such authorities an executive committee with full power to act on behalf of such authorities with respect to any or all of their powers, as prescribed by resolutions of such authorities.

History. Ga. L. 1937, p. 210, § 11; Ga. L. 1943, p. 146, § 8; Ga. L. 1988, p. 901, § 1.

8-3-14. Consolidated housing authorities for two or more municipalities.

1. As used in this Code section, the term “municipality” means any municipality in this state.
2. If the governing body of each of two or more municipalities by resolution declares that there is a need for one housing authority for all of such municipalities to exercise in such municipalities the powers and other functions prescribed for a housing authority, a public body corporate and politic to be known as a consolidated housing authority, which may be an existing housing authority designated by the municipalities as the consolidated housing authority or a new housing authority, with such corporate name as it selects, shall thereupon exist for all of such municipalities and exercise its powers and other functions within its area of operation as defined in this article, including the power to undertake projects therein. Upon the creation of a consolidated housing authority, any housing authority created for any of such municipalities, other than an existing housing authority designated as the consolidated housing authority, shall cease to exist except for the purpose of winding up its affairs and executing a deed of its real property to the consolidated housing authority.
3. The creation of a consolidated housing authority and the finding of need therefor shall be subject to the same provisions and limitations as are applicable to the creation of a regional housing authority; and all of the provisions of this article applicable to regional housing authorities and the commissioners thereof shall be applicable to consolidated housing authorities and the commissioners thereof; provided, however, that Code Section 8-3-107 shall not be applicable to the consolidation of housing authorities into a designated existing housing authority; and provided, further, that the area of operation of a consolidated housing authority shall include all of the territory within the boundaries of each municipality joining in the creation of such authority; and provided, further, that for all such purposes, the term “county” shall be construed as meaning “municipality,” the term “governing body” in Code Section 8-3-106 shall be construed as meaning “mayor or other executive head of the municipality,” and the terms “county housing authority” and “regional housing authority” shall be construed as meaning “housing authority of the city” and “consolidated housing authority,” respectively.
4. The governing body of a municipality for which a housing authority has not been created may adopt the resolution provided for in subsection (b) of this Code section if it first declares that there is a need for a housing authority to function in said municipality, which declaration shall be made in the same manner and subject to the same conditions as the declaration of the governing body of a city required by Code Sections 8-3-4 through 8-3-6 for the purpose of authorizing a housing authority created for a city to transact business and exercise its powers.
5. Except as otherwise provided in this Code section, a consolidated housing authority and the commissioners thereof shall, within the area of operation of such consolidated housing authority, have the same functions, rights, powers, duties, privileges, immunities, and limitations as those provided for housing authorities created for cities, counties, or groups of counties and the commissioners of such housing authorities, in the same manner as though all the provisions of law applicable to housing authorities created for cities, counties, or groups of counties were applicable to consolidated housing authorities.

History. Ga. L. 1943, p. 146, § 6; Ga. L. 2007, p. 203, § 2/HB 30; Ga. L. 2021, p. 448, § 2/SB 144.

The 2021 amendment, effective July 1, 2021, deleted “together with the territory within ten miles of the boundaries of each such municipality” following “creation of such authority” at the end of the second proviso of subsection (c).

8-3-15. Extraterritorial operation of city housing authorities.

1. In addition to its other powers, a housing authority created for a city may exercise any or all of its powers within the territorial boundaries of any other municipality not included in the area of operation of such housing authority for the purpose of planning, undertaking, financing, constructing, and operating a housing project or projects within such municipality, provided that a resolution shall have been adopted by the governing body of such municipality in which the authority is to exercise its powers, and by any housing authority theretofore established by such municipality and authorized to exercise its powers therein declaring that there is a need for the housing authority seeking to exercise extraterritorial powers so to exercise its powers within such municipality.
2. No governing body of a city or other municipality shall adopt such resolution unless it shall have found in substantially the following terms:
   1. That insanitary or unsafe inhabited dwelling accommodations exist in such municipality or that there is a shortage of safe or sanitary dwelling accommodations in such municipality available to persons of low income at rentals they can afford; and
   2. That these conditions can be best remedied through the exercise of the aforesaid city housing authority’s powers within the territorial boundaries of such municipality.
3. Any such findings made pursuant to subsection (b) of this Code section shall not have the effect of establishing a housing authority for any such municipality under this article nor of thereafter preventing such municipality from establishing a housing authority or joining in the creation of a consolidated housing authority.
4. During the time that, pursuant to any findings made pursuant to subsection (b) of this Code section, a housing authority has outstanding, or is under contract to issue, any evidences of indebtedness for a project within the city or other municipality, no other housing authority may undertake a project within such municipality without the consent of said housing authority which has such outstanding indebtedness or obligation.
5. A municipality shall have the same powers to furnish financial and other assistance to a housing authority exercising its powers within such municipality under this Code section as though the municipality were within the area of operation of such authority.
6. Any city housing authority operating housing projects that are outside such city and within ten miles of the boundaries of such city on July 1, 2021, shall be entitled to continue to operate such extraterritorial housing projects; provided, however, that no new housing projects outside such city shall be authorized without the governing body of the county or municipality where such housing project will be located consenting to the expansion of the housing authority’s area of operation into such county or other municipality. Any such project shall conform to existing zoning classifications and land use plans of the political subdivision in which the proposed project will be located.

History. Ga. L. 1943, p. 146, § 6; Ga. L. 2021, p. 448, § 3/SB 144.

The 2021 amendment, effective July 1, 2021, added subsection (f).

8-3-16. Providing housing in rural areas.

Any housing authority which has rural areas under its jurisdiction may undertake the provision of housing for families of low income in such rural areas and may comply with any conditions not inconsistent with the purposes of this article required by the federal government pursuant to federal law in any contract for financial assistance with the authority concerning such undertakings.

History. Ga. L. 1943, p. 146, § 6; Ga. L. 1945, p. 270, § 1; Ga. L. 1951, p. 219, § 2.

8-3-17. Powers of authorities and board of regents as to dormitories; venue for actions regarding rights in projects and questions as to issuance of bonds; validation and confirmation of bonds.

1. The great increase in population in the State of Georgia which has taken place in recent years has created a serious shortage in dormitory housing accommodations at the various units of the University System of Georgia, causing overcrowded and congested conditions which are unsafe and undesirable and seriously impair the proper operation of such institutions. In addition, at some institutions now in operation or in the process of construction, there is a total lack of dormitory housing accommodations. This situation constitutes an emergency; and it is imperative that provisions be made to alleviate the overcrowded, congested, and unsafe accommodations and to supply accommodations where the same are now nonexistent by the construction of dormitory facilities or additional facilities for such institutions so as to make adequate, safe, and uncongested dormitory housing available for students enrolled at such institutions.
2. Any housing authority now or hereafter established may undertake the construction, acquisition, remodeling, and improvement of, the addition to, and the maintenance and operation of projects to provide dormitory housing at any unit of the University System of Georgia located within its area of operation so as to provide housing for students enrolled at such institution, if the authority finds and determines that an acute shortage of housing for such persons exists or impends in its area of operation or any part thereof, and that necessary and adequate housing would not otherwise be provided when needed. In the ownership, development, or administration of dormitory housing projects, a housing authority shall have all the rights, powers, privileges, and immunities that it may now or hereafter have under any provision of law relating to the ownership, development, and administration of low rent housing and slum clearance projects or any other projects it is now or hereafter authorized to undertake, in the same manner as though all laws applicable thereto were applicable to dormitory housing projects. Such rights shall include specifically, but without limitation, the right to issue bonds from time to time, in the authority’s discretion, in order to provide funds to pay the cost, in whole or in part, of constructing, acquiring, remodeling, improving, and adding to any dormitory housing project; and the right to issue refunding bonds for the purpose of refunding or retiring bonds previously issued by the authority for any such project. Such bonds may be of such type as the housing authority may determine, including bonds on which the principal and interest are payable:
   1. Exclusively from the income and revenues of the dormitory project financed in whole or in part from the proceeds of such bonds, or with such proceeds together with a grant from the federal government or the State of Georgia, or from any other source in aid of such project;
   2. Exclusively from the income and revenues of certain designated projects of the authority, including projects other than dormitory housing projects of the authority even though the same were not financed in whole or in part with the proceeds of the bonds; or
   3. From its revenues generally that are not otherwise pledged or obligated.

      Any of such bonds may be additionally secured by a pledge of any revenues of any project or projects or other properties of the authority. A housing authority may, notwithstanding the provisions of any other law, make and agree to make with respect to any dormitory housing project owned and administered by it under this article such payments as may be agreed upon for facilities and services furnished to such dormitory housing project by the city, county, or other political subdivision of the state in which such dormitory housing project is located, or by the unit of the University System of Georgia which such dormitory housing project serves. In the operation of such dormitory housing projects the housing authority owning and administering the same shall not be subject to the limitations provided in Code Section 8-3-12, in the second sentence of Code Section 8-3-11, and in Code Section 8-3-74.

3. A housing authority may exercise any or all of its powers to aid or cooperate with the state and federal governments in making dormitory housing available at units of the University System of Georgia, may act as agent for the state or federal governments in developing and administering dormitory housing projects undertaken by either of them, and may lease such dormitory housing projects from either of them. Without limiting the generality of the foregoing, authority is also specifically granted to the Board of Regents of the University System of Georgia, for and on behalf of the units and institutions under its control, and any housing authority to enter into leases of any such project or projects for a term of not exceeding 50 years; and the Board of Regents of the University System of Georgia, for and on behalf of any unit or institution or combination of units or institutions, may obligate itself to pay an agreed sum for the use of such property so leased and also to obligate itself, as a part of the lease contract, to pay the cost of maintaining, repairing, and operating the property so leased from the authority, and may arrange with public bodies and private agencies for such services and facilities as may be necessary or desirable for such dormitory housing projects.
4. Any other law to the contrary notwithstanding, if the Board of Regents of the University System of Georgia and a housing authority determine it expedient to construct any dormitory housing project on any lands, title to which is held by any unit or institution under the control of the board of regents, the board is authorized to execute a lease upon such lands, whether improved or unimproved, to the authority for such parcel or parcels as shall be needed for a period of not to exceed 50 years at such annual rental, which may be purely nominal, as the board and the housing authority may agree upon, provided that, at the expiration of such term, title to said land and all improvements thereon shall revert to and vest in such unit or institution under the control of said board. The board of regents shall also have the right, any other law to the contrary notwithstanding, should it determine with the housing authority that it is necessary and desirable to do so, to convey, by a deed executed by the chairman of the board of regents upon resolution of said board, for such consideration as may be agreed upon (which consideration may be nominal), to a housing authority for a dormitory housing project title to any land, whether improved or unimproved, owned by any unit or institution under its control which is to be served by such dormitory housing project, including land to which the regents of the University System of Georgia hold title, provided that title to such land and all improvements thereon shall revert or be reconveyed by the housing authority to such unit or institution when all bonds, and the interest thereon, which were issued by the housing authority to finance such construction, or bonds issued to refinance such obligations, or to finance in whole or in part any additions or improvements thereto, have been paid in full.
5. Any action to protect or enforce any right in connection with the construction, acquisition, ownership, maintenance, alteration, expansion, improvement, or operation of dormitory housing projects, or involving any question in connection with the issuance of bonds to finance any such undertaking, or with the rights of the holders thereof or the security therefor, shall be brought in the superior court of the county in which the dormitory housing project is located. Any action pertaining to the validation of any bonds issued to finance in whole or in part the cost of any such dormitory housing project or any refunding bonds shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions.
6. Bonds of the authority issued to finance in whole or in part the cost of any dormitory housing project and any refunding bonds shall be confirmed and validated in accordance with the procedure set forth in Article 3 of Chapter 82 of Title 36, the “Revenue Bond Law,” and the judgment of validation shall have the same effect as is provided in that chapter.

History. Ga. L. 1959, p. 65, § 3; Ga. L. 1982, p. 3, § 8.

Cross references.

Authority of board of regents to sell, lease, or otherwise dispose of property that can no longer be advantageously used in the university system, § 20-3-60 et seq.

8-3-30. General powers; applicability of laws as to acquisition, operation, or disposition of property by other public bodies.

1. An authority shall constitute a public body corporate and politic exercising public and essential governmental functions and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers in addition to others granted by this article:
   1. To sue and be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from time to time amend and repeal bylaws, rules, and regulations, not inconsistent with this article, to carry into effect the powers and purposes of the authority;
   2. Within its area of operation, to prepare, carry out, acquire, lease, and operate housing projects; to provide for the construction, reconstruction, improvement, alteration, or repair of any housing project or any part thereof;
   3. To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a housing project or the occupants thereof; and, notwithstanding anything to the contrary contained in this article or in any other provision of law, to include in any contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor and comply with any conditions which the federal government may have attached to its financial aid of the project;
   4. To lease or rent any dwellings, houses, accommodations, lands, buildings, structures, or facilities embraced in any housing project and, subject to the limitations contained in this article, to establish and revise the rents or charges therefor; to own, hold, and improve real or personal property; to purchase, lease, obtain options upon, or acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest therein; to acquire by the exercise of the power of eminent domain any real property; to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards; to procure insurance or guarantees from the federal government of the payment of any debts or parts thereof, whether or not incurred by said authority, secured by mortgages on any property included in any of its housing projects;
   5. Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
      1. Bonds or other obligations of the state or other states or of other counties, municipal corporations, and political subdivisions of this state or bonds or other obligations the principal and interest of which are guaranteed by the state;
      2. Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;
      3. Obligations of and obligations guaranteed by agencies or instrumentalities of the United States government, including those issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, and any other such agency or instrumentality now or hereafter in existence; provided, however, that all such obligations shall have a current credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and have a nationally recognized market;
      4. Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government;
      5. Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, any national or state bank located within the state, or with a trust office within this state, or one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
         1. Direct and general obligations of the state or other states or of any county or municipality in the state;
         2. Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;
         3. Obligations of agencies and instrumentalities of the United States government included in subparagraph (C) of this paragraph; or
         4. Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph;
      6. Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys;
      7. Any and all other obligations of investment grade quality having a credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and having a nationally recognized market, including, but not limited to, collateralized mortgage obligations, owner trusts offering collateralized mortgage obligations, guaranteed investment contracts offered by any firm, agency, business, governmental unit, bank, insurance company, corporation chartered by the United States Congress, or other entity, real estate mortgage investment conduits, mortgage obligations, mortgage pools, and pass-through securities; and
      8. Securities of or other interests in any no-load, open-end management type investment company or investment trust registered under the Investment Company Act of 1940, as amended, or any common trust fund maintained by any bank or trust company which holds such proceeds as trustee or by an affiliate thereof so long as:
         1. The portfolio of such investment company or investment trust or common trust fund is limited to the obligations referenced in subparagraphs (B) and (C) of this paragraph and repurchase agreements are fully collateralized by any such obligations;
         2. Such investment company or investment trust or common trust fund takes delivery of such collateral either directly or through an authorized custodian;
         3. Such investment company or investment trust or common trust fund is managed so as to maintain its shares at a constant net asset value; and
         4. Securities of or other interests in such investment company or investment trust or common trust fund are purchased and redeemed only through the use of national or state banks located within this state having corporate trust powers;
   6. Within its area of operation, to investigate into living, dwelling, and housing conditions and into the means and methods of improving such conditions; to determine where slum areas exist or where there is a shortage of decent, safe, and sanitary dwelling accommodations for persons of low income; to make studies and recommendations relating to the problem of clearing, replanning, and reconstructing slum areas, and the problem of providing dwelling accommodations for persons of low income and to cooperate with the city, the county, or the state or any political subdivision thereof in action taken in connection with such problem; and to engage in research, studies, and experimentation on the subject of housing;
   7. Acting through one or more commissioners or other person or persons designated by the authority, to conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material for its information; to administer oaths, issue subpoenas requiring the attendance of witnesses or the production of books and papers, and issue commissions for the examination of witnesses who are outside of the state or unable to attend before the authority, or who are excused from attendance; to make available to appropriate agencies, including those charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe or insanitary structures within its area of operation, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety, or welfare;
   8. To exercise all or any part or combination of powers granted by this Code section;
   9. To invest moneys held in debt service reserve funds or sinking funds not required for immediate use or disbursement in obligations of the types specified in paragraph (5) of this subsection, provided that, for the purpose of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service (principal installments and interest payments) schedule for which moneys are to be supplied;
   10. To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and accomplishing any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation and a public body corporate and politic exercising public and essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the “Georgia Nonprofit Corporation Code,” and the Secretary of State shall be authorized to accept such filings. Some or all of the members of the board of directors of the authority shall constitute the members of and shall serve as directors of any subsidiary corporation and such service shall not constitute a conflict of interest. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the city or the county, as applicable. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents; and
   11. To incorporate one or more corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and accomplishing any of the purposes of the authority. Any subsidiary corporations created pursuant to this paragraph shall be created pursuant to Chapter 2 of Title 14, the “Georgia Business Corporation Code,” and the Secretary of State shall be authorized to accept such filings. Some or all of the members of the board of commissioners of the authority may serve as directors of any subsidiary corporation and such service shall not constitute a conflict of interest; provided, however, that no member of the board of commissioners of the authority shall be eligible to serve as a director of any subsidiary corporation if that member has any financial interest in the subsidiary corporation. Upon dissolution of any subsidiary corporation of the authority, any assets shall be distributed to the authority as the sole shareholder or to any successor to the authority or, failing such succession, to the city or county, as applicable. The authority shall not be liable for the debts, obligations, or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents.
2. No provisions of law with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to an authority unless the legislature shall specifically so state.
3. No loan made by an authority to an entity with which the authority has entered into a private enterprise agreement shall be deemed usurious or otherwise in violation of Code Section 7-4-17 so long as such loan complies with Code Section 7-4-18.

History. Ga. L. 1937, p. 210, § 8; Ga. L. 1939, p. 126, § 2; Ga. L. 1951, p. 127, § 2; Ga. L. 1959, p. 141, § 2; Ga. L. 1962, p. 734, § 2; Ga. L. 1987, p. 283, § 3; Ga. L. 1993, p. 1067, §§ 1, 2; Ga. L. 1996, p. 1417, § 6; Ga. L. 1998, p. 857, § 1; Ga. L. 2000, p. 1428, §§ 1, 2; Ga. L. 2001, p. 4, § 8; Ga. L. 2010, p. 404, § 1/SB 369.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1993, a period was substituted for a semicolon at the end of paragraph (a)(9).

8-3-31. Eminent domain.

An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired, except that no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without the consent of such city, county, state, or other political subdivision.

History. Ga. L. 1937, p. 210, § 12.

8-3-31.1. “Public use” defined; eminent domain to be exercised solely for public use.

1. As used in this Code section, the term “public use” shall have the meaning specified in Code Section 22-1-1.
2. Any exercise of the power of eminent domain under this chapter or Chapter 4 of this title must:
   1. Be for a public use; and
   2. Be approved by resolution of the governing body of the municipality or county in conformity with the procedures specified in Code Section 22-1-10.

History. Code 1981, § 8-3-31.1 , enacted by Ga. L. 2006, p. 39, § 2/HB 1313.

Cross references.

Eminent domain, generally, see § 21-1-1 et seq.

Editor’s notes.

Ga. L. 2006, p. 39, § 25/HB 1313, not codified by the General Assembly, provides that this Code section shall apply to those condemnation proceedings filed on or after February 9, 2006, where title has not vested in the condemning authority unless constitutionally prohibited.

Ga. L. 2006, p. 39, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as ‘The Landowner’s Bill of Rights and Private Property Protection Act.’ ”

Law reviews.

For article on 2006 enactment of this Code section, see 23 Ga. St. U. L. Rev. 157 (2006).

8-3-32. Borrowing money and accepting grants and other financial assistance from federal government; taking over, leasing, or managing projects constructed or owned by federal government; purpose and intent of article.

An authority is empowered to borrow money or accept grants or other financial assistance from the federal government for, or in aid of, any housing project within its area of operation; to take over or lease or manage any housing project or undertaking constructed or owned by the federal government; and, to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable. It is the purpose and intent of this article to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, or operation of any housing project by such authority.

History. Ga. L. 1937, p. 210, § 20; Ga. L. 1939, p. 126, § 2; Ga. L. 1951, p. 127, § 2; Ga. L. 1959, p. 141, § 2; Ga. L. 1962, p. 734, § 2.

8-3-33. Contracts and agreements with federal government to obtain federal contributions to housing projects.

1. In any contract or amendatory or superseding contract for a loan and annual contributions heretofore or hereafter entered into between a housing authority and the federal government with respect to any housing project undertaken by said housing authority, the authority is authorized to make such covenants (including covenants with holders of bonds issued by the authority for purposes of the project involved) and to confer upon the federal government such rights and remedies as the authority deems necessary to assure the fulfillment of the purposes for which the project was undertaken.
2. In any contract with the federal government for annual contributions to an authority, the authority may obligate itself to convey to the federal government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default, as defined in such contract, with respect to the covenants or conditions to which the authority is subject. Such obligation shall be specifically enforceable and shall not constitute a mortgage, any other laws notwithstanding.
3. Any contract with the federal government for annual contributions to an authority may further provide that in case of a conveyance pursuant to subsection (b) of this Code section, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of such contract.
4. Any contract entered into pursuant to subsections (b) and (c) of this Code section shall require that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the project as then constituted.

History. Ga. L. 1943, p. 146, § 6; Ga. L. 1951, p. 127, § 2; Ga. L. 1951, p. 219, § 3; Ga. L. 1959, p. 141, § 2; Ga. L. 1962, p. 734, § 2.

8-3-34. Housing studies and analyses.

1. Any housing authority may, within its area of operation, undertake studies and analyses of housing needs and of the measures required to meet such needs, including the gathering of data with respect to population and family groups, and the distribution of such groups according to income, and the gathering of data with respect to the amount and quality of available housing, and its distribution according to rental and sales prices, employment, wages, and other factors affecting local housing needs and the measures required to meet such needs.
2. An authority may make the results of such studies and analyses available to the public and to the building, housing, and supply industries.
3. An authority may also engage in research and disseminate information on the subject of housing generally.

History. Ga. L. 1945, p. 270, § 2.

8-3-35. Legislative findings; additional powers of authority; effect of financing with bond proceeds; issuance, sale, confirmation, and validation of bonds; venue of actions.

1. It is found and declared that from time to time there has existed and at the present time there exists an inadequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of the state with low and moderate income; that the inability to finance such single and multifamily dwelling units results in an inability of builders to construct such housing, causing unemployment or underemployment in the housing construction and related businesses and causing a lack of safe and sanitary housing to be available to persons of low and moderate income; that such unemployment or underemployment in the housing construction and related businesses and an inadequate supply of safe and sanitary housing for persons of low and moderate income wastes human resources, increases the public assistance burden of the state, impairs the security of family life, impedes the economic and physical development of the state, adversely affects the welfare and prosperity of all of the people of the state, and accordingly creates and fosters conditions adverse to the general health and welfare of the citizens of the state; and that the making available in the manner provided in this Code section of a more adequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of low and moderate income will result in the alleviation or reduction of the adverse consequences which have resulted and may result from continued unemployment and underemployment in the housing construction and related businesses and the inadequate supply of such housing for persons of low and moderate income.
2. In addition to the powers otherwise granted in this article, any authority shall have the following powers:
   1. To purchase mortgage loans or other forms of collateral and participations therein from mortgage lenders and other holders of such collateral and to make commitments therefor;
   2. To contract with mortgage lenders for the origination of, or the servicing of, mortgage loans to be made by such mortgage lenders to finance eligible housing units within the authority’s area of operation and the servicing of the mortgages securing such mortgage loans;
   3. To make loans to mortgage lenders, provided that:
      1. The proceeds of such loans shall be required to be used by such mortgage lenders for the making of mortgage loans to finance eligible housing units within the authority’s area of operation; and
      2. If required by the authority, the mortgages in connection with the mortgage loans so made, together with any additional security required by the authority, shall be mortgaged, pledged, assigned, or otherwise provided as security for such loans to mortgage lenders;
   4. To issue bonds from time to time, in its discretion, to provide funds to purchase mortgage loans or other forms of collateral or participation interests therein from mortgage lenders and to make loans to mortgage lenders and to make direct loans for eligible housing units as authorized in this Code section and to issue refunding bonds for the purpose of refunding or retiring bonds previously issued by it for any such purpose, in accordance with the provisions of this article, which may include, but are not limited to, bonds on which the principal and the interest are payable:
      1. Exclusively from the income and revenues of the authority from one or more specified mortgage loans or other forms of collateral or participation interests therein from one or more specific loans to mortgage lenders, regardless of whether such mortgage loans or other forms of collateral or participation interests therein were purchased or such loans to mortgage lenders were made from the proceeds of such bonds; or
      2. From revenues of the authority generally that are not otherwise pledged or obligated;
   5. To exercise any and all rights accorded to the owner and holder of a mortgage under and in accordance with the terms of said instrument and the applicable laws of the state with respect to the mortgaged property, directly or through mortgage lenders or others acting on behalf of the authority or on behalf of the holders of its bonds, including, but without limitation, the power to foreclose, to forbear enforcement of any remedy on such terms as the authority shall deem appropriate, to sell the equity of redemption, to purchase the equity of redemption, and otherwise to sell and dispose of the mortgaged property, all as shall seem in the best interest of the authority and the holders of its bonds; and
   6. To mortgage, pledge, assign, or grant security interests in any or all of its mortgage loans or other collateral or participation interests therein, its mortgages, and any interest of the authority created thereby in the underlying real and personal properties covered by such mortgages as security for the payment of the principal of, and interest on, any bonds issued by the authority, or as security for any agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues from which bonds are payable as security for the payment of the principal of and interest on said bonds and any agreements made in connection therewith.
3. No eligible housing unit shall become subject to the provisions of Code Section 8-3-11 or Code Section 8-3-12 or entitled to the benefits of Code Section 8-3-8 solely by reason of having been financed, directly or indirectly, with proceeds of bonds issued by an authority for the purposes described in this Code section.
4. Any bonds issued by an authority as permitted under the terms of this article which are issued for the purposes described in this Code section shall be issued in accordance with the provisions of this article, except that such bonds may be sold at any price which shall be approved by the authority and may be sold at public or private sale without any public advertisement.
5. Bonds of an authority which are issued for the purposes described in this Code section shall be confirmed and validated in accordance with the procedures set forth in Article 3 of Chapter 82 of Title 36 known as the “Revenue Bond Law,” and the judgment of validation shall have the same effect as is provided in said “Revenue Bond Law.”
6. Any action pertaining to issuance of bonds of an authority issued for the purposes described in this Code section, the rights of the holders thereof or the security therefor, and any action pertaining to the validation of any such bonds, shall be brought in the superior court of the county in which the eligible housing units to be financed with proceeds of such bonds are located, or if such eligible housing units shall be located in more than one county, in either the superior court of the county in which the authority is located or in the superior court of any county where any of such eligible housing units are situated.

History. Ga. L. 1982, p. 2228, § 2; Code 1981, § 8-3-35 , enacted by Ga. L. 1982, p. 2228, § 5; Ga. L. 1983, p. 3, § 6; Ga. L. 1989, p. 14, § 8; Ga. L. 2008, p. 239, § 1/SB 397.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1997, quotation marks were added at the beginning and end of “Revenue Bond Law” at the end of subsection (e).

8-3-36. Prohibition of nonresidents suspected of criminal acts.

Any housing authority created pursuant to this article, acting through its director or his or her designee, is authorized to prohibit, without breaching the peace, any person who is reasonably suspected of committing a criminal act on the premises of a housing project and who is not a resident of said project from entering, loitering, or remaining upon the common areas of such project.

History. Code 1981, § 8-3-36 , enacted by Ga. L. 1998, p. 857, § 2.

8-3-50. Appointment, qualifications, and tenure of commissioners; reimbursement for expenses.

1. 1. When the governing body of a city adopts a resolution as provided in Code Section 8-3-5, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for such city. In the event the mayor fails or refuses to submit appointments within 30 days after notice from the governing body of approval of a resolution of necessity or termination of existing appointments, the governing body may appoint the commissioners of the authority created for such city.
   2. In any city other than a city described in subparagraphs (A) and (B) of paragraph (3) of this subsection in which the governing body thereof has adopted a resolution as provided in Code Section 8-3-5 and the authority has passed a resolution so requesting, the mayor shall appoint, in addition to the other commissioners authorized in paragraph (1) of this subsection, one or two additional commissioners of whom at least one is directly assisted by the public housing authority in such city and who shall be known as a resident commissioner. Each resident commissioner shall be appointed for initial and subsequent terms of office of one year and shall have full voting rights. Each authority shall determine how many commissioners shall constitute a quorum of such authority. In the event any person serving as a resident commissioner ceases to be directly assisted by the public housing authority within such city, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment of the mayor.
   3. 1. In any city with a population of 350,000 or more according to the United States decennial census of 1970 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the mayor shall appoint, in addition to the other commissioners authorized under paragraph (1) of this subsection, two commissioners to be known as resident commissioners who shall be residents of a housing project in such city. These resident commissioners shall be appointed for a term of office of one year. The two resident commissioners shall be voting members and four commissioners shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes. In the event any person serving as a resident commissioner ceases to be a resident of a housing project in such city, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the mayor of said city.
      2. In any city of this state having a population of not less than 95,000 nor more than 130,000 according to the United States decennial census of 1990 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the mayor shall appoint, in addition to the commissioners authorized in paragraphs (1) and (2) of this subsection, an additional commissioner who shall be a recipient of direct assistance from the public housing authority within the city. Such additional commissioner shall be appointed for a term of office of five years and until the appointment and qualification of a successor. Successors shall also be appointed for terms of five years.
2. 1. When the governing body of a county adopts a resolution as provided in Code Section 8-3-5, said body shall appoint five persons as commissioners of the authority created for said county.
   2. In any county other than a county described in paragraph (3) of this subsection in which the governing body thereof has adopted a resolution as provided in Code Section 8-3-5 and the authority has passed a resolution so requesting, the governing body shall appoint, in addition to the other commissioners authorized in paragraph (1) of this subsection, one or two additional commissioners of whom at least one is directly assisted by the public housing authority in such county and who shall be known as a resident commissioner. Each resident commissioner shall be appointed for initial and subsequent terms of office of one year and shall have full voting rights. Each authority shall determine how many commissioners shall constitute a quorum of such authority. In the event any person serving as a resident commissioner ceases to be a recipient of direct assistance from the public housing authority within such county, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment of the governing body of such county.
   3. In any county with a population of 800,000 or more according to the United States decennial census of 2000 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the governing body shall, in addition to the other commissioners authorized under paragraph (1) of this subsection:
      1. Appoint two commissioners to be known as “resident commissioners” who shall be residents of a housing project located within the unincorporated areas of such county. The tenants of each housing project located within the unincorporated areas of the county shall, upon request of the governing body of the county, be entitled to nominate one resident of such housing project for the appointment as resident commissioner, and the governing body shall appoint two of such nominees as resident commissioners. Such resident commissioners shall be appointed for terms of office of one year and shall be voting members. In the event any person serving as resident commissioner ceases to be a resident of a housing project located within the unincorporated area of such county, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the governing body of such county; and
      2. Appoint an additional two members who shall be subject to the provisions of this Code section in the same manner as the five commissioners otherwise provided for in paragraph (1) of this subsection. Each commissioner provided for in this subparagraph shall be appointed for a term of office of five years and until the appointment and qualification of his or her successor, except that the initial appointment of one of the positions created by this subparagraph shall be for a term of office of four years and until the appointment and qualification of his or her successor.
3. Except as provided otherwise in this Code section, the commissioners who are first appointed shall be designated to serve for terms of office of one, two, three, four, and five years, respectively, from the date of their appointment; but thereafter commissioners shall be appointed for a term of office of five years, except that all vacancies shall be filled for the unexpired term.
4. No commissioner of an authority may be an officer or employee of the city or county for which the authority is created.
5. A commissioner shall hold office until his or her successor has been appointed and has qualified.
6. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.
7. A commissioner shall receive no compensation for his or her services; but he or she shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties.

History. Ga. L. 1937, p. 210, § 5; Ga. L. 1939, p. 112, § 3; Ga. L. 1939, p. 126, § 1; Ga. L. 1943, p. 146, § 7; Ga. L. 1951, p. 127, § 1; Ga. L. 1951, p. 612, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1; Ga. L. 1971, p. 414, § 1; Ga. L. 1972, p. 3908, § 1; Ga. L. 1982, p. 507, §§ 1, 2; Ga. L. 1982, p. 1087, §§ 1, 2; Ga. L. 1982, p. 2107, § 2; Ga. L. 1983, p. 3, § 6; Ga. L. 1989, p. 1241, § 1; Ga. L. 1991, p. 390, § 1; Ga. L. 1992, p. 6, § 8; Ga. L. 1992, p. 2059, § 1; Ga. L. 1992, p. 2408, § 1; Ga. L. 1994, p. 237, § 2; Ga. L. 1999, p. 737, § 1; Ga. L. 2002, p. 1473, § 1; Ga. L. 2004, p. 631, § 8; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, deleted paragraph (a)(4) which was formerly designated as reserved.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1999, “paragraph (3)” was substituted for “subparagraph (b)(3)” in paragraph (b)(2).

Editor’s notes.

The provisions of paragraphs (2) and (3) of subsection (b) as added by the 1983 amendment were originally enacted in substantially the same form by Ga. L. 1982, p. 504, § 1, effective May 1, 1982. However, that 1982 Act did not amend the Code.

Law reviews.

For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).

8-3-51. Commissioners authority; quorum; voting by commissioners; chairman; vice-chairman; employment of personnel; obtaining legal services; delegation of powers or duties.

1. The powers of each authority shall be vested in the commissioners thereof in office from time to time. Three commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number.
2. The mayor shall designate which of the commissioners appointed shall be the first chairman; but, when the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its commissioners.
3. An authority shall select from among its commissioners a vice-chairman; and it may employ a secretary (who shall be executive director), technical experts, and such other officers, agents, and employees, permanent and temporary, as it may require; and it shall determine their qualifications, duties, and compensations.
4. For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff.
5. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.

History. Ga. L. 1937, p. 210, § 5; Ga. L. 1939, p. 112, § 3; Ga. L. 1939, p. 126, § 1; Ga. L. 1943, p. 146, § 7; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1; Ga. L. 1989, p. 14, § 8.

8-3-52. Disclosure and abstention requirements for interested commissioners and employees.

1. No commissioner or employee of the authority shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract in connection with any project. Where the acquisition is not voluntary, such commissioner or employee shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure, such commissioner or employee shall not participate in any action by the authority involving such project, property, or contract, respectively.
2. If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract in connection with any project, he shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure, such commissioner or employee shall not participate in any action by the authority involving such project, property, or contract, respectively.
3. A commissioner shall not participate in any action concerning the employment to a remunerative position of the person who appointed said commissioner to office.
4. In the selection of a depository for funds of the authority, any commissioner who has a financial interest in the depository under consideration shall disclose his interest and abstain from taking any part in the consideration of or voting on the selection of the depository.
5. Any violation of this Code section shall constitute misconduct in office.
6. This Code section shall not be applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any project, or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project, or to agreements by such institutions to act as trustee under any trust indenture.

History. Ga. L. 1937, p. 210, § 6; Ga. L. 1951, p. 219, § 4; Ga. L. 1982, p. 906, §§ 2, 3.

Cross references.

Conflicts of interest involving state officers and employees, § 45-10-20 et seq.

8-3-53. Removal of commissioners.

For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor or, in the case of an authority for a county, by the governing body of said county, provided that a commissioner shall be removed only after he shall have been given a copy of the charges at least ten days prior to the hearing thereon and shall have had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk.

History. Ga. L. 1937, p. 210, § 7; Ga. L. 1943, p. 146, § 7.

8-3-70. Bonds — Power of authorities to issue bonds; types of bonds; security for bonds.

An authority shall have power to issue bonds from time to time, in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An authority may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable:

1. Exclusively from the income and revenues of the housing project financed with the proceeds of such bonds, or with such proceeds together with a grant from the federal government in aid of such project;
2. Exclusively from the income and revenues of certain designated housing projects whether or not they were financed in whole or in part with the proceeds of such bonds; or
3. From its revenues generally.

   Any of such bonds may be additionally secured by a pledge of any revenues or a mortgage of any housing project or projects or of any other property of the authority.

History. Ga. L. 1937, p. 210, § 14; Ga. L. 1939, p. 126, § 3; Ga. L. 1951, p. 127, § 3; Ga. L. 1959, p. 141, § 3; Ga. L. 1962, p. 734, § 3; Ga. L. 1971, p. 94, § 1.

8-3-71. Bonds — Liability of commissioner, state, and political subdivisions; status of bonds in regard to constitutional and statutory debt limitations and restrictions.

1. Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.
2. The bonds and other obligations of an authority shall not be a debt of the city, the county, the state, or any political subdivision of the state; and such bonds or obligations shall so state on their face. Neither the city, the county, the state, nor any political subdivision of the state shall be liable on such bonds or other obligations; nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of said authority. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

History. Ga. L. 1937, p. 210, § 14; Ga. L. 1939, p. 126, § 3; Ga. L. 1951, p. 127, § 3; Ga. L. 1959, p. 141, § 3; Ga. L. 1962, p. 734, § 3; Ga. L. 1971, p. 94, § 1.

8-3-72. Bonds — Exemption of bonds and interest from taxation; article as contract by housing authorities and state with bondholders and transferees.

Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities. All such bonds shall be exempt from state, county, municipal, or other taxation in the State of Georgia; and interest on such bonds shall be exempt from income taxation or other taxation by the State of Georgia or by any political subdivision thereof. The provisions of this article exempting from taxation both the properties of housing authorities and the bonds and interest thereon shall constitute, by virtue of this article and without the necessity of the same being restated in such bonds, a contract between the bondholders, including all transferees of such bonds, from time to time, on the one hand and the respective housing authorities issuing such bonds and the state on the other.

History. Ga. L. 1937, p. 210, § 14; Ga. L. 1939, p. 124, § 1.

Cross references.

Constitutional authorization for tax exemptions for public property, Ga. Const. 1983, Art. VII, Sec. II, Paras. I to IV.

8-3-73. Bonds — Form; terms; rate of interest.

Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates; mature at such time or times; bear interest at such rate or rates; be in such denomination or denominations; be in such form, either coupon or registered; carry such conversion or registration privileges; have such rank or priority; be executed in such manner; be payable in such medium of payment, at such place or places; and be subject to such terms of redemption, with or without premium, as such resolution, its trust indenture, or mortgage may provide.

History. Ga. L. 1937, p. 210, § 15; Ga. L. 1939, p. 126, § 3; Ga. L. 1951, p. 127, § 3; Ga. L. 1959, p. 141, § 3; Ga. L. 1962, p. 734, § 3; Ga. L. 1970, p. 113, § 1; Ga. L. 1971, p. 94, § 1; Ga. L. 1980, p. 1094, § 1.

Cross references.

Repeal of interest rate limitations, § 36-82-123 .

8-3-74. Bonds — Public sale of bonds; exceptions.

The bonds of an authority may be sold at public or private sale in such a manner and for such price as the authority may determine to be in the best interest of the authority.

History. Ga. L. 1937, p. 210, § 15; Ga. L. 1939, p. 126, § 3; Ga. L. 1951, p. 127, § 3; Ga. L. 1959, p. 141, § 3; Ga. L. 1962, p. 734, § 3; Ga. L. 1971, p. 94, § 1; Ga. L. 1980, p. 1094, § 1; Ga. L. 1987, p. 283, § 4; Ga. L. 1993, p. 1067, § 3.

8-3-75. Bonds — Validity of signatures; negotiability.

In case any of the commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers before the delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery. Any law to the contrary notwithstanding, any bonds issued pursuant to this article shall be fully negotiable.

History. Ga. L. 1937, p. 210, § 15.

8-3-76. Bonds — Effect of recital of purpose on face of bond.

Any bond reciting in substance that it has been issued by an authority to aid in financing a housing project to provide dwelling accommodations for persons of low income shall be conclusively deemed, in any action or proceeding involving the validity or enforceability of such bond or the security therefor, to have been issued for a housing project of such character.

History. Ga. L. 1937, p. 210, § 15.

8-3-77. Powers of authorities as to securing payment of bonds and lease obligations.

In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an authority shall have power:

1. To pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence;
2. To mortgage all or any part of its real or personal property then owned or thereafter acquired;
3. To covenant against pledging all or any part of its rents, fees, and revenues or against mortgaging all or any part of its real or personal property to which its right or title then exists or may thereafter come into existence or to covenant against permitting or suffering any lien on such revenues or property; to covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any housing project or any part thereof; and to covenant as to what other, or additional, debts or obligations may be incurred by it;
4. To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise and as to the use and disposition of the proceeds thereof; to provide for the replacement of lost, destroyed, or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon; and to redeem the bonds, to covenant for their redemption, and to provide the terms and conditions thereof;
5. To covenant, subject to the limitations contained in this article, as to rents and fees to be charged in the operation of a housing project or projects, as to the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes; and to covenant as to the use and disposition of the moneys held in such funds;
6. To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated; to prescribe the amount of bonds the holders of which must consent thereto; and to prescribe the manner in which such consent may be given;
7. To covenant as to the use of any or all of its real or personal property; and to covenant as to the maintenance of its real and personal property, the replacement thereof, the insurance to be carried thereon, and the use and disposition of insurance moneys;
8. To covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived;
9. To vest in a trustee or trustees or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a trustee or trustees the right, in the event of a default by said authority, to take possession and use, operate, and manage any housing project or part thereof, and to collect the rents and revenues arising therefrom, and to dispose of such moneys in accordance with the agreement of the authority with said trustee; to provide for the powers and duties of a trustee or trustees and to limit the liabilities thereof; and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds; and
10. To exercise all or any part or combination of the powers granted by this Code section; to make covenants other than and in addition to the covenants expressly authorized by this Code section, of like or different character; to make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bond or, in the absolute discretion of said authority, as will tend to make the bonds more marketable, notwithstanding that such covenants, acts, or things may not be enumerated in this Code section.

History. Ga. L. 1937, p. 210, § 16; Ga. L. 1939, p. 126, §§ 2, 3; Ga. L. 1951, p. 127, §§ 2, 3; Ga. L. 1959, p. 141, §§ 2, 3; Ga. L. 1962, p. 734, §§ 2, 3; Ga. L. 1971, p. 94, § 1.

8-3-78. Remedies of obligee of an authority generally.

An obligee of an authority shall have the right, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:

1. By mandamus, suit, action, or proceeding at law or in equity, to compel said authority and the commissioners, officers, agents, or employees thereof to observe each and every term, provision, and covenant contained in any contract of said authority with or for the benefit of such obligee and to require the carrying out of any or all such covenants and agreements of said authority and the fulfillment of all duties imposed upon said authority by this article; and
2. By suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful or the violation of any of the rights of such obligee of said authority.

History. Ga. L. 1937, p. 210, § 17.

8-3-79. Additional remedies conferrable on obligee by an authority.

An authority shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction:

1. To cause possession of any housing project or any part thereof to be surrendered to any such obligee;
2. To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the rents and profits therefrom. If such receiver is appointed, he may enter and take possession of such housing project or any part thereof and operate and maintain it, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said authority as the court shall direct; and
3. To require said authority and the commissioners thereof to account as if it and they were the trustees of an express trust.

History. Ga. L. 1937, p. 210, § 18; Ga. L. 1939, p. 126, §§ 2, 3; Ga. L. 1951, p. 127, §§ 2, 3; Ga. L. 1959, p. 141, §§ 2, 3; Ga. L. 1962, p. 734, §§ 2, 3; Ga. L. 1971, p. 94, § 1; Ga. L. 1990, p. 8, § 8.

8-3-80. Exemption of property of authorities from execution sale; charges or liens on property of authorities; enforcement of mortgages, pledges, or liens by obligees of authorities.

All real property of an authority shall be exempt from levy and sale by virtue of an execution; and no execution or other judicial process shall issue against the same nor shall any judgment against an authority be a charge or lien upon its real property, provided that this Code section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of an authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees, or revenues.

History. Ga. L. 1937, p. 210, § 19.

8-3-81. Bonds and other obligations of authorities as legal investments.

Notwithstanding any restrictions on investments contained in any laws of this state, the state and all public officers, municipal corporations, political subdivisions, and public bodies; all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority pursuant to this article, or issued by any public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any agency thereof. Such bonds and other obligations shall be authorized security for all public deposits, it being the purpose of this Code section to authorize any persons, firms, corporations, associations, political subdivisions, bodies, and officers, public or private, to use any funds owned or controlled by them, including but not limited to sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; provided, however, that nothing contained in this Code section shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities.

History. Ga. L. 1939, p. 122, § 1; Ga. L. 1951, p. 127, § 3; Ga. L. 1959, p. 141, § 3; Ga. L. 1962, p. 734, § 3; Ga. L. 1971, p. 94, § 1; Ga. L. 1989, p. 14, § 8.

8-3-100. Procedure for creating an authority.

If the governing body of each of two or more contiguous counties by resolution declares that there is a need for one housing authority to be created for all of such counties to exercise in such counties powers and other functions prescribed for a regional housing authority, a public body corporate and politic to be known as a regional housing authority shall thereupon exist for all of such counties and shall exercise its powers and other functions in such counties. Thereupon, each county housing authority created for each of such counties shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as provided in this part. Notwithstanding any other provision of this Code section to the contrary, the governing body of a county shall not adopt a resolution as aforesaid if there is a county housing authority created for such county which has any bonds or notes outstanding unless, first, all holders of such bonds and notes consent in writing to the substitution of such regional housing authority in lieu of such county housing authority on all such bonds and notes, and, second, the commissioners of such county housing authority adopt a resolution consenting to the transfer of all rights, contracts, obligations, and property, real and personal, of such county housing authority to such regional housing authority as provided in this part. When the above two conditions are complied with and such regional housing authority is created and authorized to exercise its powers and other functions, all rights, contracts, agreements, obligations, and property, real and personal, of such county housing authority shall be in the name of and vest in such regional housing authority; and all obligations of such county housing authority shall be the obligations of such regional housing authority; and all rights and remedies of any person against such county housing authority may be asserted, enforced, and prosecuted against such regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against such county housing authority.

History. Ga. L. 1943, p. 146, § 6; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1.

8-3-101. Transfer of property to an authority.

When any real property of a county housing authority vests in a regional housing authority as provided in Code Section 8-3-100, the county housing authority shall execute a deed of such property to the regional housing authority, which thereupon shall file such deed in the office provided for the filing of deeds, provided that nothing contained in this Code section shall affect the vesting of property in the regional housing authority as provided in Code Section 8-3-100.

History. Ga. L. 1943, p. 146, § 6.

8-3-102. Conditions precedent to adoption of resolution declaring need for an authority.

1. The governing body of each of two or more contiguous counties may by resolution declare that there is a need for one regional housing authority to be created for all such counties to exercise in such counties powers and other functions prescribed for a regional housing authority, only if such governing body finds:
   1. That insanitary or unsafe inhabited dwelling accommodations exist in such county or there is a shortage of safe or sanitary dwelling accommodations in such county available to persons of low income at rentals they can afford; and
   2. That a regional housing authority would be a more efficient or economical administrative unit than the housing authority of such county.
2. In determining whether dwelling accommodations are unsafe or insanitary, the governing body of a county shall take into consideration the safety and sanitation of dwellings, the light and air space available to the inhabitants of such dwellings, the degree of overcrowding, the size and arrangement of the rooms, and the extent to which conditions which endanger life or property by fire or other causes exist in such dwellings.

History. Ga. L. 1943, p. 146, § 6.

8-3-103. Public hearings on adoption of resolution.

The governing body of a county shall not adopt any resolution authorized by Code Sections 8-3-100, 8-3-102, and 8-3-104 unless a public hearing has first been held. The clerk of such county shall give notice of the time, place, and purpose of the public hearing at least ten days prior to the day on which the hearing is to be held. Such notice shall be given by publication in a newspaper published in such county or, if there is no newspaper published in such county, in a newspaper published in the state and having a general circulation in such county. Upon the date fixed for such public hearing, an opportunity to be heard shall be granted to all residents of such county and to all other interested persons.

History. Ga. L. 1943, p. 146, § 6.

8-3-104. Resolution as conclusive evidence of an authority’s establishment; sufficiency of resolution.

In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the regional housing authority, the regional housing authority shall be conclusively deemed to have become created as a public body corporate and politic and to have become established and authorized to transact business and exercise its powers under this part upon proof of the adoption of a resolution by the governing body of each of the counties creating the regional housing authority declaring the need for the regional housing authority. Each such resolution shall be deemed sufficient if it declares that there is need for the regional housing authority and finds in substantially such terms as appear in paragraphs (1) and (2) of subsection (a) of Code Section 8-3-102, no further detail being necessary, that the conditions enumerated in those paragraphs exist.

History. Ga. L. 1943, p. 146, § 6; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1; Ga. L. 2011, p. 99, § 8/HB 24.

Cross references.

Hearsay rule exceptions, § 24-8-803 .

Self-authentication, § 24-9-902 .

Public records, § 24-10-1005 .

Editor’s notes.

Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the amendment made by that Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews.

For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

8-3-105. Powers of an authority generally.

Except as otherwise provided in this part, a regional housing authority and the commissioners thereof shall, within the area of operation of such regional housing authority, have the same functions, rights, powers, duties, privileges, immunities, and limitations provided for housing authorities created for cities or counties and the commissioners of such housing authorities. All the provisions of law applicable to housing authorities created for cities or counties and the commissioners of such authorities shall be applicable to regional housing authorities and the commissioners thereof.

History. Ga. L. 1943, p. 146, § 6; Ga. L. 1951, p. 127, § 2; Ga. L. 1959, p. 141, § 2; Ga. L. 1962, p. 734, § 2.

8-3-106. Commissioners — Appointment by county governing bodies.

The governing bodies of the counties desiring to form a regional housing authority shall have the right to establish by resolution the composition and size of the board of commissioners of the regional housing authority; provided, however, that each county shall have at least one commissioner on the board of commissioners of the regional housing authority and that at least one of the commissioners shall be a recipient of direct assistance from a public housing authority located within such region. The governing body of each county shall appoint the successors of the commissioner or commissioners appointed by it. A certificate of the appointment of any commissioner appointed pursuant to this Code section shall be filed with the clerk of the county, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.

History. Ga. L. 1943, p. 146, § 6; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1; Ga. L. 1997, p. 573, § 1; Ga. L. 1999, p. 737, § 2.

8-3-107. Commissioners — Appointment of additional commissioner.

If the area of operation of a regional housing authority consists of an even number of counties, the commissioners of the regional housing authority appointed by the governing bodies of such counties shall appoint one additional commissioner whose term of office shall be as provided in Code Section 8-3-108 for a commissioner of a regional housing authority. The commissioners of such authority appointed by the governing bodies of such counties shall likewise appoint each person to succeed such additional commissioner, provided that the term of office of such person begins during the terms of office of the commissioners appointing him. A certificate of the appointment of any such additional commissioner of such regional housing authority shall be filed with the other records of the regional housing authority and shall be conclusive evidence of the due and proper appointment of such additional commissioner.

History. Ga. L. 1943, p. 146, § 6; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1.

8-3-108. Commissioners — Terms of office; removal; record of removal proceedings.

1. The commissioners of a regional housing authority shall be appointed for terms of five years, except that all vacancies shall be filled for the unexpired terms. Each commissioner shall hold office until his successor has been appointed and has qualified.
2. For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed by the officer or officers, or their successors, appointing such commissioner; but he shall be removed only after he has been given a copy of the charges at least ten days prior to the hearing thereon and has had an opportunity to be heard in person or by counsel.
3. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed as required for the certificate of appointment of such commissioner.

History. Ga. L. 1943, p. 146, § 6; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1.

8-3-109. Commissioners — Vesting of powers of an authority in commissioners; selection of chairman and other officers; employees; quorum; location of meetings.

1. The commissioners shall constitute the regional housing authority, and the powers of such authority shall be vested in such commissioners in office from time to time.
2. The commissioners of a regional housing authority shall elect a chairman from among the commissioners and shall have power to select or employ such other officers and employees as the regional housing authority may require.
3. A majority of the commissioners of a regional housing authority shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes.
4. Nothing contained in this article shall be construed to prevent meetings of the commissioners of a housing authority anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the housing authority is authorized to undertake a housing project.

History. Ga. L. 1943, p. 146, § 6; Ga. L. 1951, p. 127, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1.

8-3-110. Area of operation of county and regional authorities.

The area of operation of a housing authority created for a county shall include all of the county for which it is created; and the area of operation of a regional housing authority shall include all of the counties for which such regional housing authority is created and established, provided that a county or regional housing authority shall not undertake any housing project or projects within the boundaries of any city unless a resolution shall have been adopted by the governing body of such city, and also by any housing authority which shall have been theretofore established and authorized to exercise its powers in such city, declaring that there is a need for the county or regional housing authority to exercise its powers within such city.

History. Ga. L. 1943, p. 146, § 6.

Editor’s notes.

The language of this Code section was enacted by a 1943 amendment to Ga. L. 1937, p. 210, and was designated by Section 4B of the 1937 Act. The 1937 Act was amended further by Ga. L. 1952, p. 365, § 1, which repealed Section 4B and enacted a new Section 4B. However, the new Section 4B contained language which wholly repeated the language of the original Section 4B. Since the 1952 Act thus did not have the practical effect of repealing the language of the original Section 4B, the 1943 amendment (Ga. L. 1943, p. 146, § 6) is being treated as the sole basis for this Code section. The remainder of the language of the Section 4B enacted by the 1952 Act is codified at Code Sections 8-3-111 through 8-3-118.

8-3-111. Addition of counties to an authority — Procedure; effect.

1. The area of operation of a regional housing authority shall be increased from time to time to include one or more additional contiguous counties not already within the area of operation of a regional housing authority if the governing body of each of the counties then included in the area of operation of such regional housing authority, the commissioners of the regional housing authority, and the governing body of each such additional county or counties each adopt a resolution declaring that there is a need for the inclusion of such additional county or counties in the area of operation of such regional housing authority. Upon the adoption of such resolution, the county housing authority created for each such additional county shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as provided in Code Section 8-3-112.
2. Notwithstanding any other provision of this Code section, such resolutions shall not be adopted if there is a county housing authority created for any such additional county which has any bonds or notes outstanding unless, first, all holders of such bonds and notes consent in writing to the substitution of such regional housing authority in lieu of such county housing authority as the obligor thereon and, second, the commissioners of such county housing authority adopt a resolution consenting to the transfer of all the rights, contracts, obligations, and property, real and personal, of such county housing authority to such regional housing authority as hereinafter provided.
3. When the above two conditions are complied with and the area of operation of such regional housing authority is increased to include such additional county, as provided in this Code section, all rights, contracts, agreements, obligations, and property, real and personal, of such county housing authority shall be in the name of and vest in such regional housing authority, all obligations of such county housing authority shall be the obligation of such regional housing authority, and all rights and remedies of any person against such county housing authority may be asserted, enforced, and prosecuted against such regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against such county housing authority.

History. Ga. L. 1952, p. 365, § 1.

8-3-112. Addition of counties to an authority — Transfer of property to authority.

When any real property of a county housing authority vests in a regional housing authority as provided in Code Section 8-3-111, the county housing authority shall execute a deed of such property to the regional housing authority which thereupon shall file such deed in the office provided for the filing of deeds, provided that nothing contained in this Code section shall affect the vesting of property in the regional housing authority as provided in Code Section 8-3-111.

History. Ga. L. 1952, p. 365, § 1.

8-3-113. Addition of counties to an authority — Conditions precedent to adoption of resolution declaring need for expansion of authority.

The governing body of each of the counties in the area of operation of the regional housing authority, the commissioners of the regional housing authority, and the governing body of each such additional county or counties may by resolution declare that there is a need for the inclusion of such county or counties in the area of operation of the regional housing authority, only if:

1. The governing body of each such additional county or counties finds that insanitary or unsafe inhabited dwelling accommodations exist in such county or there is a shortage of safe or sanitary dwelling accommodations in such county available to persons of low income at rentals they can afford; and
2. The governing body of each of the counties then included in the area of operation of the regional housing authority, the commissioners of the regional housing authority, and the governing body of each such additional county or counties find that the regional housing authority would be a more efficient or economical administrative unit if the area of operation of the regional housing authority is increased to include such additional county or counties.

History. Ga. L. 1952, p. 365, § 1.

8-3-114. Exclusion of counties from regional authority — Procedure generally; effect of reducing area of operation to one county.

1. The area of operation of a regional housing authority which has undertaken the development of one or more housing projects may be decreased from time to time to exclude one or more counties from such area if the governing body of each of the counties in such area and the commissioners of the regional housing authority each adopt a resolution declaring that there is a need for excluding such county or counties from such area, provided that this action may not be taken if the regional housing authority has outstanding any bonds or notes, unless all holders of such bonds and notes consent in writing to such action.
2. If any action taken pursuant to subsection (a) of this Code section decreases the area of operation of the regional housing authority to only one county, such authority shall thereupon constitute and become a housing authority for such county in the same manner and with the same rights, powers, and immunities as though such authority were created by and authorized to transact business and exercise its powers pursuant to Code Sections 8-3-4 through 8-3-6; and the commissioners of such authority shall be thereupon appointed as provided in Code Section 8-3-50 for the appointment of commissioners of a housing authority created for a county.

History. Ga. L. 1952, p. 365, § 1.

8-3-115. Exclusion of county from regional authority — Conditions precedent to adoption of resolution declaring need for exclusion.

The governing body of each of the counties in the area of operation of the regional housing authority and the commissioners of the regional housing authority may adopt a resolution declaring that there is a need for excluding a county or counties from such area only if:

1. Each such governing body of the counties to remain in the area of operation of the regional housing authority and the commissioners of the regional housing authority find that, because of facts arising or determined subsequent to the time when such area first included the county or counties to be excluded, the regional housing authority would be a more efficient or economical administrative unit if such county or counties were excluded from such area; and
2. The governing body of each such county or counties to be excluded and the commissioners of the regional housing authority each also find that, because of the aforesaid changed facts, another housing authority for such county or counties would be a more efficient or economical administrative unit to function in such county or counties.

History. Ga. L. 1952, p. 365, § 1.

8-3-116. Detachment of a county by its own resolution; assumption of regional authority’s bonds, notes, and other obligations by an authority thereafter established for county.

1. Notwithstanding Code Sections 8-3-114 and 8-3-115, the governing body of any county may by resolution detach the county from the area of operation of its regional housing authority if such housing authority has undertaken no housing projects and, upon the adoption of such resolution, the county shall cease to be included in the area of operation of the regional housing authority, provided that this action may not be taken if the regional housing authority has outstanding any bonds, notes, or other obligations, unless all the holders of such bonds, notes, or other obligations consent in writing to such action.
2. The housing authority thereafter established for any county detached from the area of operation of a regional housing authority may assume and pay all or any portion of the outstanding bonds, notes, or other obligations of such regional housing authority, provided that the exclusion of any county from the area of operation of the regional housing authority and the failure of the housing authority of such county to assume all or any part of such bonds, notes, or other obligations shall not in any way affect the said bonds, notes, or other obligations nor the rights or remedies of the obligees of such regional housing authority with respect thereto.

History. Ga. L. 1952, p. 365, § 1.

8-3-117. Creation of an authority for a county after exclusion or detachment from a regional authority; appointment of commissioners; scope of powers; subsequent inclusion in a regional authority.

1. At any time after the exclusion or detachment of any county from the area of operation of a regional housing authority, as provided in Code Sections 8-3-114 through 8-3-116, the governing body of any such county may adopt a resolution declaring that there is need for a housing authority in the county if the governing body shall find such need according to the provisions of Code Sections 8-3-4 through 8-3-6. Thereafter a public body corporate and politic to be known as the housing authority of the county shall exist for such county, and five commissioners shall be appointed for such authority by the governing body of such county. The authority may transact business and exercise its powers in the same manner and shall have the same rights, powers, and immunities as though created by said Code Sections 8-3-4 through 8-3-6.
2. Nothing contained in this Code section shall be construed as preventing such county from thereafter being included within the area of operation of a regional housing authority as provided in this article.

History. Ga. L. 1952, p. 365, § 1.

8-3-118. Public hearing prior to adoption of resolution.

The governing body of a county shall not adopt any resolution authorized by Code Sections 8-3-110 through 8-3-117 unless a public hearing has first been held in the manner prescribed in Code Section 8-3-103.

History. Ga. L. 1952, p. 365, § 1.

8-3-130. Declaration of necessity.

The preparation for national defense requires a great migration of persons to engage in national defense industries and activities which would be jeopardized unless housing is available for such persons. An acute shortage of housing for such persons exists or impends in localities in the state. It is therefore of vital importance that all agencies qualified to do so have the powers and authority to develop and administer projects to provide housing for persons engaged in war or national defense activities and to aid and cooperate with the federal government in making such housing available for such persons.

History. Ga. L. 1943, p. 161, § 1; Ga. L. 1951, p. 607, § 1.

8-3-131. Definitions.

As used in this part, the term:

1. “City” means any city in this state;
2. “Federal government” means the United States government and any department, agency, or instrumentality thereof; and
3. “Persons” means an individual and those members of his family living with him.

History. Ga. L. 1943, p. 161, § 6; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “in this state” for “in the state” in paragraph (1).

8-3-132. Conditions precedent to exercise of powers by an authority; scope of rights and powers of an authority generally.

1. Any housing authority established pursuant to this article may undertake the development or administration, or both, of projects to provide housing for persons engaged or to be engaged in national defense industries or activities if it finds that an acute shortage of housing for such persons exists or impends in its area of operation or any part thereof and that the necessary housing would not otherwise be provided when needed.
2. In the ownership, development, or administration of projects under this part, a housing authority shall have all the rights, powers, privileges, and immunities that it has under any provision of law relating to the ownership, development, or administration of low-rent housing and slum clearance projects in the same manner as though all the provisions of law applicable thereto were applicable to projects developed or administered hereunder, provided that a housing authority may, notwithstanding the provisions of other laws, make and agree to make, with respect to any project owned and administered by it under this part, such payments for services and facilities furnished for such project by the city, county, or other political subdivision of the state in which such project is located as may be agreed upon; provided, further, that a project developed or administered under this part by a housing authority to provide housing for persons engaged or to be engaged in national defense industries or activities shall not be subject to the limitations provided in Code Section 8-3-12 or in the second sentence of Code Section 8-3-11.

History. Ga. L. 1943, p. 161, § 2; Ga. L. 1951, p. 607, § 2.

8-3-133. Existence of war or national emergency as condition precedent to initiation of project.

1. No housing authority shall initiate the development of any housing project under this part after the termination of a period of war or national emergency as declared by the President or the Congress of the United States.
2. Notwithstanding the provisions of subsection (a) of this Code section, housing authorities may initiate projects within areas which, as of January 1, 1981, are designated as impacted areas in which housing is necessary in the interest of national security, for purposes of Section 810(b) of the federal National Housing Act.

History. Ga. L. 1943, p. 161, § 9; Ga. L. 1951, p. 607, § 3; Ga. L. 1981, p. 1420, §§ 1, 2; Ga. L. 1982, p. 3, § 8.

8-3-134. Cooperation by an authority with federal government, other public bodies, and private agencies; leases of projects by an authority from federal government.

A housing authority may exercise any or all of its powers to aid and cooperate with the federal government in making housing available for persons engaged or to be engaged in national defense industries or activities; may act as agent for the federal government in developing and administering projects undertaken by the federal government to provide such housing; may lease such projects from the federal government; and may arrange with other public bodies and with private agencies for such services and facilities as may be needed for such projects.

History. Ga. L. 1943, p. 161, § 3; Ga. L. 1951, p. 127, § 2; Ga. L. 1951, p. 607, § 2; Ga. L. 1959, p. 141, § 2; Ga. L. 1962, p. 734, § 2.

8-3-135. Aid and cooperation by state public bodies in development and administration of projects.

1. With respect to projects undertaken by a housing authority or the federal government to provide housing for persons engaged or to be engaged in national defense industries or activities, any state public body, as defined in Code Section 8-3-152, shall have all the rights and powers to aid and cooperate in the development or administration of such projects that it has under any provision of law relating to its aiding or cooperating in the development or administration of low-rent housing and slum clearance projects in the same manner as though all the provisions of law applicable thereto were applicable to projects undertaken by a housing authority or by the federal government to provide housing for persons engaged or to be engaged in national defense industries or activities.
2. With respect to projects located outside the territorial boundaries of a state public body which are undertaken by a housing authority or the federal government to provide housing for persons engaged or to be engaged in national defense industries or activities, such state public body may furnish or contract to furnish, upon such terms as it deems advisable, public services or facilities for any such project if the governing body of the city or county, as the case may be, in which such project is located shall, by resolution, consent thereto.

History. Ga. L. 1943, p. 161, § 4; Ga. L. 1951, p. 607, § 2.

8-3-136. Issuance of bonds, notes, and other obligations by an authority.

1. The development of a project shall be deemed to have been initiated under this part if a housing authority has issued any bonds, notes, or other obligations to finance the cost thereof.
2. Bonds or other obligations issued by a housing authority for a project developed or administered under this part shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, bodies, and officers as bonds or other obligations issued pursuant to other provisions of this article.

History. Ga. L. 1943, p. 161, §§ 5, 6; Ga. L. 1951, p. 127, § 3; Ga. L. 1959, p. 141, § 3; Ga. L. 1962, p. 734, § 3; Ga. L. 1971, p. 94, § 1.

8-3-137. Authorization for an authority to undertake projects and to cooperate with or act as agent for federal government; applicability of limitations, restrictions, and requirements in other; scope of powers.

1. This part shall constitute an independent authorization for a housing authority to undertake the development or administration of projects to provide housing for persons engaged or to be engaged in national defense industries or activities and to cooperate with, or act as agent for, the federal government in the development or administration of projects undertaken by the federal government to make housing available for such persons. In acting under this part, a housing authority shall not be subject to any limitations, restrictions, or requirements of other laws (except those relating to land acquisition) which prescribe or limit the procedure or action to be taken in the development or administration of any buildings, property, or public works, including, but not limited to, low-rent housing and slum clearance projects or undertakings or projects of municipal or public corporations or political subdivisions or agencies of the state.
2. A housing authority may do any and all things necessary or desirable to cooperate with, or act as agent for, the federal government, or to secure financial aid, for the expeditious development or the administration of projects to make housing available for persons engaged or to be engaged in national defense industries or activities and to effectuate the purposes of this part.

History. Ga. L. 1943, p. 161, § 7; Ga. L. 1951, p. 127, § 2; Ga. L. 1951, p. 607, § 2; Ga. L. 1959, p. 141, § 2; Ga. L. 1962, p. 734, § 2.

8-3-150. Short title.

This article shall be known and may be cited as the “Housing Cooperation Law.”

History. Ga. L. 1937, p. 697, § 1; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “shall be known and may be cited as” for “may be referred to as” in this Code section.

Law reviews.

For survey of developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981).

8-3-151. Legislative findings and declaration of necessity.

It has been found and declared in Article 1 of this chapter, the “Housing Authorities Law,” that there exist in the state unsafe and insanitary housing conditions and a shortage of safe and sanitary dwelling accommodations for persons of low income; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; and that the public interest requires the remedying of these conditions. It is found and declared that the assistance provided in this article for the remedying of the conditions set forth in Article 1 of this chapter constitutes a public use and purpose and an essential governmental function for which public moneys may be spent, and that the provisions hereinafter enacted are necessary in the public interest.

History. Ga. L. 1937, p. 697, § 2.

8-3-152. Definitions.

As used in this article, the term:

1. “Federal government” means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
2. “Housing authority” means any housing authority created pursuant to Article 1 of this chapter, the “Housing Authorities Law.”
3. “Housing project” means any work or undertaking of a housing authority pursuant to Article 1 of this chapter or any similar work or undertaking of the federal government.
4. “State public body” means any city, county, commission, district, authority, or other subdivision or public body of the state.

History. Ga. L. 1937, p. 697, § 3.

8-3-153. Powers of state public bodies as to housing projects generally.

1. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine:
   1. Dedicate, sell, convey, or lease any of its property to a housing authority or the federal government;
   2. Cause parks, playgrounds, recreational or community facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects;
   3. Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake;
   4. Plan or replan, zone or rezone any part of such state public body; make exceptions from building regulations and ordinances; and, in the case of a city, change its map;
   5. Cause services to be furnished to a housing authority of the character which such state public body is otherwise empowered to furnish;
   6. Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, closing, or demolition of unsafe, insanitary, or unfit dwellings;
   7. Notwithstanding any other law, employ any funds belonging to or within the control of such state public body, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and exercise all the rights of any holder of such bonds or other obligations;
   8. Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a housing authority or the federal government respecting action to be taken by such state public body pursuant to any of the powers granted by this article. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or administration of low-rent housing, slum clearance, or urban redevelopment projects, including any agency or instrumentality of the United States of America, such agreements shall inure to the benefit of and may be enforced by such public body or governmental agency; and
   9. Do any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of such housing projects.
2. With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation, and other protection, no state public body shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.
3. In connection with any public improvements made by a state public body in exercising the powers granted by this article, such state public body may incur the entire expense thereof. Any law to the contrary notwithstanding, any sale, conveyance, lease, or agreement provided for in this Code section may be made by a state public body without appraisal, public notice, advertisement, or public bidding.

History. Ga. L. 1937, p. 697, § 4; Ga. L. 1939, p. 127, § 1; Ga. L. 1951, p. 204, § 1.

8-3-154. Contracts for payments to state public bodies for improvements, services, and facilities provided.

In connection with any housing project located wholly or partly within the area in which it is authorized to act, any state public body may contract with a housing authority or the federal government with respect to the sum or sums, if any, which the housing authority or the federal government may agree to pay, during any year or period of years, to the state public body for the improvements, services, and facilities to be provided by the state public body for the benefit of said housing project or its residents; but in no event shall the amount of such payments exceed the estimated cost to the state public body of the improvements, services, or facilities to be so supplied; provided, however, that the absence of a contract for such payments shall in no way relieve state public bodies of the duty to furnish, for the benefit of said housing project and its residents, customary improvements and such services and facilities as state public bodies usually furnish without a service fee.

History. Ga. L. 1937, p. 697, § 5.

8-3-155. Appropriations to an authority by a city or a county for first-year expenses; loans and donations to authority.

1. When any housing authority which is created for any city or county becomes authorized to transact business and exercises its powers therein, the city council or the county commissioners, as the case may be, shall immediately make an estimate of the amount of money necessary for the administrative expense and overhead of such housing authority during the first year thereafter and shall appropriate such amount to the authority out of any moneys in such city or county treasury not appropriated to some other purposes. The moneys so appropriated shall be paid to the authority as a donation.
2. Any city or county located in whole or in part within the area of operation of a housing authority shall have the power from time to time to lend or donate money to the authority or to agree to take such action. The housing authority, when it has money available therefor, shall make reimbursement for all such loans made to it.

History. Ga. L. 1937, p. 697, § 6.

8-3-156. Procedure for exercise of powers granted by article to state public bodies.

The exercise by a state public body of the powers granted by this article may be authorized by resolution of the governing body of such state public body. The resolution shall be adopted by a majority of the members of the governing body present at a meeting of said governing body, which resolution may be adopted at the meeting at which such resolution is introduced. Such a resolution or resolutions shall take effect immediately and need not be laid over or published or posted.

History. Ga. L. 1937, p. 697, § 7; Ga. L. 1939, p. 127, § 2; Ga. L. 1941, p. 253, § 1; Ga. L. 1943, p. 142, §§ 1, 2; Ga. L. 1943, p. 166, §§ 1-3; Ga. L. 1949, p. 23, §§ 1-4; Ga. L. 1959, p. 141, § 4; Ga. L. 1961, p. 54, §§ 2-4.

8-3-170. Legislative findings; powers and duties of State Office of Housing.

The General Assembly finds and declares that housing is an issue of paramount concern to this state which affects the health, welfare, and safety of the citizens of this state and the economic viability and planned growth of its communities. The General Assembly further finds and declares that the provision of and planning for housing and housing related matters are issues that are intrinsically intertwined with the ability to provide for the financing of housing activities. For this reason, the General Assembly designates the Georgia Housing and Finance Authority as the State Office of Housing and assigns it the following powers and duties:

1. To be responsible for the planning, development, and implementation of a coordinated state housing program;
2. To provide technical and financial assistance on housing and housing related matters throughout the state;
3. To perform such housing related duties as may be assigned it by the Governor or the General Assembly;
4. To apply for and receive and to administer federal funds under any federal housing program for which the state is an eligible applicant and, in the administration of such funds, to enter into such contracts as it deems necessary and to expend such state funds as the General Assembly may appropriate for such purposes;
5. To coordinate activities and work in conjunction with the Farmers Home Administration, which activities may include, but not be limited to, processing loan applicants and loans, community outreach activities, and financial assistance in the form of interest or down payment subsidies or write-downs; and
6. To coordinate housing related activities and work in conjunction with private, federal, or quasi-governmental entities, which entities shall include, but not be limited to, the Federal Housing Administration, the United States Department of Veterans Affairs, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Government National Mortgage Association.

History. Code 1981, § 8-3-170 , enacted by Ga. L. 1991, p. 1653, § 1-1.

8-3-171. State housing goal and report; assistance by other agencies and political subdivisions.

The General Assembly affirms the state’s policy to provide decent, safe, and affordable housing to all segments of the population of this state. The State Office of Housing is authorized and directed to develop a state housing goal and shall prepare a state housing goal report for presentation to the General Assembly, commencing with the 1990 session and continuing every even-numbered year thereafter. The report shall identify housing needs and housing accomplishments and outline plans for achieving the state housing goal. The state and its agencies, institutions, authorities, commissions, bureaus, and entities which are political subdivisions of the state, cities and counties, local housing authorities, and any urban residential finance authority are authorized and directed to provide such information and perform such duties and functions as may be required to assist the State Office of Housing to prepare its reports and perform its functions.

History. Code 1981, § 8-3-171 , enacted by Ga. L. 1991, p. 1653, § 1-1.

Law reviews.

For article, “Financing Affordable Housing in Georgia: The Possibility of a Dedicated Revenue Source,” see 13 Ga. St. U.L. Rev. 363 (1997).

8-3-172. Funding for single-family housing; construction requirements.

1. The State Office of Housing shall award state or federal funds to construct single-family affordable housing for individuals and families of low and very low income only to persons whose application indicates that the affordable housing that is the subject of the application and for which a building permit is issued on or after July 1, 2000, will be constructed so that:
   1. At least one entrance door, whether located at the front, side, or back of the building:
      1. Is on an accessible route served by a ramp or no-step entrance; and
      2. Has at least a standard 36 inch door;
   2. On the first floor of the building:
      1. Each interior door is at least a standard 32 inch door, unless the door provides access only to a closet of less than 15 square feet in area;
      2. Each hallway has a width of at least 36 inches and is level, with ramped or beveled changes at each door threshold;
      3. Each bathroom wall is reinforced for potential installation of grab bars;
      4. Each electrical panel or breaker box, light switch, or thermostat is not higher than 48 inches above the floor; and
      5. Each electrical plug or other receptacle is at least 15 inches above the floor; and
   3. The main breaker box is located inside the building on the first floor.
2. A person who builds single-family affordable housing to which this Code section applies may obtain a waiver from the State Office of Housing of the requirement described in subparagraph (a)(1)(A) of this Code section if the cost of grading and other improvements to the terrain which are required in order to meet the requirement of such subparagraph is unreasonably expensive.

History. Code 1981, § 8-3-172 , enacted by Ga. L. 2000, p. 490, § 1.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2000, “single-family” was substituted for “single family” in the introductory language of subsection (a) and in subsection (b).

8-3-200. State policy; purposes and construction of article.

1. It is the policy of the State of Georgia to provide, within constitutional limitations, for fair housing throughout this state.
2. The general purposes of this article are:
   1. To provide for execution in the state of policies embodied in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988;
   2. To safeguard all individuals from discrimination in any aspect relating to the sale, rental, or financing of dwellings or in the provision of brokerage services or facilities in connection with the sale or rental of a dwelling because of that individual’s race, color, religion, sex, disability or handicap, familial status, or national origin;
   3. To promote the elimination of discrimination in any aspect relating to the sale, rental, or financing of dwellings or in the provision of brokerage services or facilities in connection with the sale or rental of a dwelling because of a person’s race, color, religion, sex, disability or handicap, familial status, or national origin; and
   4. To promote the protection of each individual’s interest in personal dignity and freedom from humiliation and the individual’s freedom to take up residence wherever such individual chooses; to secure the state against domestic strife and unrest which would menace its democratic institutions; to preserve the public safety, health, and general welfare; and to further the interests, rights, and privileges of individuals within this state.
3. This article shall be broadly construed to further the general purposes stated in this Code section and the special purposes of the particular provision involved.

History. Code 1981, § 8-3-200 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 1; Ga. L. 2020, p. 493, § 8/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “throughout this state” for “throughout the state” at the end of subsection (a); and substituted “within this state” for “within the state” at the end of paragraph (b)(4).

8-3-201. Definitions.

As used in this article, the term:

1. “Administrator” means the administrator of the Commission on Equal Opportunity created under Article 2 of Chapter 19 of Title 45.
2. “Aggrieved person” means any person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur.

   (2.1) “Board of commissioners” means the Board of Commissioners of the Commission on Equal Opportunity created by Code Section 45-19-23 or a panel of three members of said board.

3. “Complainant” means the person, including the administrator, who files a complaint under Code Section 8-3-208.
4. “Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the administrator.
5. “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.
6. “Covered multifamily dwelling” means a building which consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator.
7. “Disability” means, with respect to a person:
   1. A physical or mental impairment which substantially limits one or more of such person’s major life activities;
   2. A record of having such an impairment; or
   3. Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance.
8. “Discriminatory housing practice” means an act that is unlawful under Code Section 8-3-202, 8-3-203, 8-3-204, 8-3-205, or 8-3-222.
9. “Dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
10. “Familial status” means, with respect to a person:
    1. That the person is a parent of or has legal custody of one or more individuals who have not attained the age of 18 years and such individuals are being domiciled with such parent or legal custodian;
    2. That the person is the designee of a parent or other person having legal custody, with the written permission of the parent or other person, and that one or more individuals who have not attained the age of 18 years are being domiciled with such person; or
    3. That the person is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
11. “Family” includes a single individual.
12. “Person” means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or fiduciaries.
13. “Respondent” means:
    1. The person or other entity or the state or local government or agency accused in a complaint of an unfair housing practice; and
    2. Any other person or entity identified in the course of an investigation and notified as required with respect to respondents so identified under subsection (d) of Code Section 8-3-207.
14. “State” means the State of Georgia.
15. “To rent” means to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

History. Code 1981, § 8-3-201 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, §§ 2, 3; Ga. L. 1995, p. 1302, § 2.

8-3-202. Unlawful practices in selling or renting dwellings; exceptions.

1. Except as exempted by subsection (b) or (d) of this Code section or Code Section 8-3-205, it shall be unlawful:
   1. To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, familial status, or national origin;
   2. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, disability, familial status, or national origin;
   3. To make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination;
   4. To represent to any person because of race, color, religion, sex, disability, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available;
   5. For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status, or national origin or with a disability;
   6. To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
      1. That buyer or renter;
      2. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
      3. Any person associated with that buyer or renter;
   7. 1. To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:
         1. That person;
         2. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
         3. Any person associated with that person.
      2. For purposes of this paragraph, discrimination includes:
         1. A refusal to permit, at the expense of the person with disabilities, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter’s agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
         2. A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
         3. In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:
            1. The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities;
            2. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and
            3. All premises within such dwellings contain the following features of adaptive design:  (a) an accessible route into and through the dwelling; (b) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (c) reinforcements in bathroom walls to allow later installation of grab bars; and (d) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
      3. Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usableness for physically disabled people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of subdivision (B)(iii)(III) of this paragraph.
      4. In regard to persons with disabilities, discrimination includes, in connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct dwellings in such a manner that the dwellings have at least one building entrance on an accessible route, unless it is impracticable to do so because of the terrain or unusual characteristics of the site; or
   8. To require, as a condition of tenancy in public housing, any prohibition or restriction of any lawful possession of a firearm within an individual dwelling unless required by federal law or regulation.
2. 1. Nothing in this Code section, other than paragraph (3) of subsection (a) of this Code section, shall apply to:
      1. Any single-family dwelling sold or rented by an owner, if:
         1. Such private individual owner does not own more than three such single-family dwellings at any one time;
         2. Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family dwellings at any one time;
         3. Such dwelling is sold or rented:
            1. Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and
            2. Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of paragraph (3) of subsection (a) of this Code section; but nothing in this paragraph shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or
      2. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.
   2. In the case of the sale of any such single-family dwelling by a private individual owner not residing in such dwelling at the time of such sale or who was not the most recent resident of such dwelling prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any 24 month period.
3. For the purposes of subsection (b) of this Code section, a person shall be deemed to be in the business of selling or renting dwellings if:
   1. He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
   2. He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
   3. He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
4. Nothing contained in this Code section shall require that a dwelling be made available for rental or lease to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

History. Code 1981, § 8-3-202 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 4; Ga. L. 1995, p. 1302, §§ 13, 14, 16; Ga. L. 2014, p. 599, § 1-2/HB 60; Ga. L. 2020, p. 603, § 1/HB 969.

The 2020 amendment, effective January 1, 2021, inserted “or her” in division (b)(1)(A)(ii); substituted “paragraph (3) of subsection (a)” for “subsection (c)” in subdivision (b)(1)(A)(iii)(II); and inserted “or her” near the end of subparagraph (b)(1)(B).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1990, “renter’s” was substituted for “renter” in division (a)(7)(B)(i) and a comma was substituted for a semicolon following “owner” in the introductory language of subparagraph (b)(1)(A).

Editor’s notes.

Ga. L. 2014, p. 599, § 1/HB 60, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Safe Carry Protection Act.’ ”

Law reviews.

For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 47 (2014).

8-3-203. Unlawful denial of or discrimination in membership or participation in service or organization relating to selling or renting dwellings.

It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of selling or renting dwellings or to discriminate against such person in the terms or conditions of such access, membership, or participation on account of race, color, religion, sex, disability, familial status, or national origin.

History. Code 1981, § 8-3-203 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1995, p. 1302, § 13.

8-3-204. Discrimination in residential real estate related transactions; appraisals.

1. As used in this Code section, the term “residential real estate related transaction” means any of the following:
   1. The making or purchasing of loans or providing other financial assistance:
      1. For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
      2. Secured by residential real estate; or
   2. The selling, brokering, or appraising of residential real property.
2. It shall be unlawful for any person or other entity whose business includes engaging in residential real estate related transactions to discriminate against any person in making available such a transaction or in the terms or conditions of such a transaction because of race, color, religion, sex, handicap, familial status, or national origin.
3. Nothing in this article shall be construed to prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.

History. Code 1981, § 8-3-204 , enacted by Ga. L. 1990, p. 1284, § 1.

8-3-205. Permissible limitations in sale, rental, or occupancy of dwellings by religious organizations or private clubs; housing for older persons.

1. Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons unless membership in such religion is restricted on account of race, color, sex, handicap, familial status, or national origin.  Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
2. 1. As used in this subsection, the term “housing for older persons” means housing:
      1. Provided under any state or federal program that the secretary of housing and urban development determines is specifically designed and operated to assist elderly persons as defined in the state or federal program;
      2. Intended for, and solely occupied by, persons 62 years of age or older; or
      3. Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the administrator shall develop regulations which require at least the following factors:
         1. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;
         2. That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and
         3. The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
   2. Nothing in this article limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. The provisions in this article regarding familial status shall not apply with respect to housing for older persons.
   3. Housing shall not fail to meet the requirements for housing for older persons by reason of:
      1. Persons residing in such housing as of March 12, 1989, who do not meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection; provided, however, that new occupants of such housing meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection; or
      2. Unoccupied units; provided, however, that such units are reserved for occupancy by persons who meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection.
   4. Nothing in this article prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance.

History. Code 1981, § 8-3-205 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 5; Ga. L. 2020, p. 603, § 2/HB 969.

The 2020 amendment, effective January 1, 2021, substituted “secretary of housing and urban development” for “administrator” in subparagraph (b)(1)(A).

8-3-206. Powers and duties of administrator; housing and urban development programs of other agencies.

1. The authority and responsibility for administering this article shall be vested in the administrator of the Commission on Equal Opportunity.
2. The administrator may delegate any of the administrator’s functions, duties, and powers to employees of the Commission on Equal Opportunity or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this article. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred.
3. All departments and agencies of state government shall administer their programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this article and shall cooperate with the administrator to further such purposes.
4. The administrator shall:
   1. Make studies with respect to the nature and extent of discriminatory housing practices in representative communities, urban, suburban, and rural, throughout the state;
   2. Publish in print or electronically and disseminate reports, recommendations, and information derived from such studies;
   3. Cooperate with and render technical assistance to local and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices;
   4. Administer the programs and activities relating to housing in a manner affirmatively to further the policies of this article;
   5. Adopt, promulgate, amend, and rescind, subject to the approval of the Governor after giving proper notice and hearing to all interested parties pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” such rules and regulations as may be necessary to carry out the provisions of this article;
   6. Cooperate with the United States Department of Housing and Urban Development created by Section 10(b) of the Department of Housing and Urban Development Act of 1965 (79 Stat. 667) and with other federal and local agencies in order to achieve the purposes of Title VIII of the Civil Rights Act of 1968 (82 Stat. 81), as amended by the Fair Housing Amendments Act of 1988 (102 Stat. 1619), and to cooperate with other federal and local agencies in order to achieve the purposes of this article;
   7. Accept gifts, bequests, grants, or other public or private payments on behalf of the state and pay such moneys into the state treasury;
   8. Accept on behalf of the state reimbursement pursuant to Section 810 of the Civil Rights Act of 1968 (82 Stat. 85), as amended by the Fair Housing Amendments Act of 1988 (102 Stat. 1625), for services rendered to assist the United States Department of Housing and Urban Development; and
   9. Maintain with the United States Department of Housing and Urban Development status as a “certified agency” under Section 810 of the Civil Rights Act of 1968 (82 Stat. 85), as amended by the Fair Housing Act of 1988 (102 Stat. 1625), and as provided by the rules and regulations of said department.
5. To avoid any duplicate investigation, civil action, or administrative enforcement by the administrator, in any case where the United States Department of Housing and Urban Development has initiated an investigation or any action or proceedings against any person relative to any acts or omissions by such person which may be in violation of this article, the administrator shall have no authority to initiate or pursue against such person any investigation, civil action, or administrative enforcement covered by the provisions of this article with regard to the same acts or omissions or facts or circumstances to which the federal investigation or proceedings are applicable. Nothing in this subsection is intended to prevent the dual filing of complaints of discriminatory housing practices with the United States Department of Housing and Urban Development and the administrator.

History. Code 1981, § 8-3-206 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 6; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2020, p. 603, § 3/HB 969.

The 2020 amendment, effective January 1, 2021, in subsection (e), in the first sentence, substituted “To avoid any duplicate investigation, civil action, or administrative enforcement by the administrator, in” for “In” at the beginning and substituted “United States” for “federal”, and added the last sentence.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1990, “provisions” was substituted for “provision” in paragraph (d)(5).

8-3-207. Educational and conciliatory activities; conferences; consultation as to extent of discrimination; reports.

The administrator shall commence such educational and conciliatory activities as in the administrator’s judgment will further the purposes of this article. The administrator shall call conferences of persons in the housing industry and other interested parties to acquaint them with this article and the administrator’s suggested means of implementing this article and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement. The administrator shall consult with state and local officials and other interested parties to learn the extent, if any, to which housing discrimination exists in this state, and whether and how enforcement programs might be utilized to combat such discrimination in connection with the administrator’s enforcement of this article. The administrator shall issue reports on such conferences and consultations as the administrator deems appropriate.

History. Code 1981, § 8-3-207 , enacted by Ga. L. 1990, p. 1284, § 1.

8-3-208. Discriminatory housing practice complaint procedures.

1. An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the administrator alleging such discriminatory housing practice.  The administrator, on the administrator’s own initiative, may also file such a complaint.  Complaints shall be in writing and under oath and shall contain such information and be in such form as the administrator requires.  Upon the filing of a complaint under this subsection, the administrator shall serve notice upon the aggrieved person acknowledging the filing and advising the aggrieved person of procedural time limits and the choice of forums provided under this article.
2. The administrator shall, not later than ten days after the filing of a complaint or the identification of an additional respondent under subsection (d) of this Code section, serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations under this article, together with a copy of the original complaint.  Each respondent may file, not later than ten days after receipt of notice from the administrator, an answer to the complaint.
3. Complaints and answers shall be verified and may be reasonably and fairly amended at any time.
4. A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of an investigation, may be joined as an additional or substitute respondent upon written notice to such person from the administrator as provided in subsection (b) of this Code section.  In addition to meeting the requirements of subsection (b) of this Code section, the notice shall explain the basis for the administrator’s belief that such person is properly joined as a respondent.

History. Code 1981, § 8-3-208 , enacted by Ga. L. 1990, p. 1284, § 1.

8-3-209. Investigations; conciliation agreements; final report; breach of conciliation agreement; disclosure; action for temporary relief; transmittal of information.

1. The administrator shall investigate an alleged discriminatory housing practice and complete such investigation within 100 days after the filing of a complaint unless it is impracticable to do so.  If the administrator is unable to complete the investigation within 100 days after the filing of a complaint, the administrator shall notify the complainant and respondent of the reasons for the failure to complete the investigation.
2. During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the administrator, the administrator shall, to the extent feasible, engage in conciliation with respect to such complaint.  A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant and shall be subject to approval by the administrator.  A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint.  Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.  Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the administrator determines that disclosure is not required to further the purposes of this article.
3. At the end of each investigation under this Code section, the administrator shall prepare a final investigative report containing the following:
   1. The names and dates of contacts with witnesses;
   2. A summary and the dates of correspondence and other contacts with the aggrieved person and the respondent;
   3. A summary description of other pertinent records;
   4. A summary of witness statements; and
   5. Answers to interrogatories.

      A final report under this subsection may be amended if additional evidence is later discovered.

4. Whenever the administrator has reasonable cause to believe that a respondent has breached a conciliation agreement, the administrator shall refer the matter to the Attorney General with a recommendation that a civil action be filed for the enforcement of such agreement.
5. 1. Nothing said or done in the course of conciliation under this article may be made public or used as evidence in a subsequent proceeding under this article without the written consent of the parties concerned.
   2. Notwithstanding paragraph (1) of this subsection, the administrator shall make available to the aggrieved person and the respondent at any time upon request following completion of the administrator’s investigation information derived from an investigation and any final investigative report relating to that investigation.
6. 1. If the administrator concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the provisions of this article, the administrator may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this Code section.  Upon such authorization, the Attorney General may commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with Chapter 11 of Title 9, the “Georgia Civil Practice Act.” The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this Code section and Code Sections 8-3-213 and 8-3-214.
   2. Whenever the administrator has reason to believe that a basis may exist for the commencement of proceedings against any respondent under subsection (a) of Code Section 8-3-218 or for proceedings by any governmental licensing or supervisory authorities, the administrator shall transmit the information upon which such belief is based to the Attorney General, or to such authorities, as the case may be.

History. Code 1981, § 8-3-209 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1991, p. 94, § 8.

8-3-210. Procedure where local fair housing law applicable.

Wherever a local fair housing law provides rights and remedies for alleged discriminatory housing practices which are substantially equivalent, as certified by the Secretary of Housing and Urban Development as provided in Section 810 of the federal Fair Housing Amendments Act of 1988, to the rights and remedies provided under this article, the administrator shall notify the appropriate local agency of any complaint filed which appears to constitute a violation of the local fair housing law, and the administrator shall take no further action with respect to such complaint if the local law enforcement official has, within 30 days from the date the alleged offense was brought to his attention, commenced proceedings in the matter. In no event shall the administrator take further action unless the administrator certifies that, in the administrator’s judgment under the circumstances of the particular case, the protection of the rights of the parties or the interests of justice require such action.

History. Code 1981, § 8-3-210 , enacted by Ga. L. 1990, p. 1284, § 1.

8-3-211. Procedure on filing of discriminatory housing practice complaint.

1. The administrator shall, within 100 days after the filing of the complaint, determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, unless it is impracticable to do so or unless the administrator has approved a conciliation agreement with respect to the complaint.  If the administrator is unable to make the determination within 100 days after the filing of the complaint, the administrator shall notify the complainant and respondent in writing of the reasons for not doing so.
2. 1. If the administrator determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the administrator shall, except as provided in paragraph (3) of this subsection, immediately issue a charge on behalf of the aggrieved person.
   2. The charge shall consist of a short and plain statement of the facts upon which the administrator has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur, shall be based on the final investigative report, and need not be limited to the facts or grounds alleged in the complaint.
   3. If, after investigation, the administrator determines that the matter involves the legality of any state or local zoning or other land use law or ordinance, the administrator shall immediately refer the matter to the Attorney General for appropriate action instead of issuing such charge.
3. If the administrator determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the administrator shall promptly dismiss the complaint.  The administrator shall make public disclosure of each such dismissal.  The administrator may not issue a charge under this Code section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an act of Congress or a state law, seeking relief with respect to that discriminatory housing practice. After the administrator issues a charge under this Code section, the administrator shall cause a copy thereof to be served on each respondent named in such charge, together with a notice of opportunity for a hearing at a time and place specified in the notice, and on each aggrieved person on whose behalf the complaint was filed.

History. Code 1981, § 8-3-211 , enacted by Ga. L. 1990, p. 1284, § 1.

8-3-212. Subpoenas and discovery; penalties for violations.

1. The administrator may issue subpoenas and order discovery in aid of investigations and hearings under this article.  Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in superior court in which the investigation is taking place.
2. Witnesses summoned by a subpoena under this Code section shall be entitled to the same witness and mileage fees as witnesses in proceedings in superior courts.  Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by the party.
3. 1. Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person’s power to do so, in obedience to the subpoena or other lawful order under subsection (a) of this Code section, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00.
   2. Any person who, with intent thereby to mislead another person in any proceeding under this article:
      1. Makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection (a) of this Code section;
      2. Willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or
      3. Willfully mutilates, alters, or by any other means falsifies any documentary evidence

         shall be guilty of a misdemeanor and shall be fined not more than $1,000.00.

History. Code 1981, § 8-3-212 , enacted by Ga. L. 1990, p. 1284, § 1.

8-3-213. State action for enforcement; fines; damages; civil action by local agency; administrative proceeding.

1. 1. When a charge is issued to initiate an administrative complaint under Code Section 8-3-211, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action brought by the Attorney General on behalf of the aggrieved person as provided under paragraph (2) of this subsection in lieu of a hearing under subsection (e) of this Code section. The election must be made not later than 20 days after the receipt by the electing person of service under Code Section 8-3-211 or, in the case of the administrator, not later than 20 days after such service. The person making such election shall give notice of doing so to the administrator and to all other complainants and respondents to whom the charge relates.
   2. If the administrator has been unable to obtain voluntary compliance or as a result of an investigation under Code Section 8-3-209 finds that there is reasonable cause to believe that a discriminatory housing practice has occurred, at the recommendation of the administrator, the Attorney General shall bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of this article.
   3. If an election is made under this subsection, the administrator shall authorize and, not later than 30 days after the election is made, the Attorney General shall commence a civil action in the name of the state on behalf of the aggrieved person seeking relief under this Code section in a superior court.
2. Whenever an action filed in court pursuant to paragraph (2) of subsection (a) of this Code section or Code Section 8-3-217 or 8-3-218 comes to trial, the administrator shall immediately terminate all efforts to obtain voluntary compliance.
3. 1. The court may impose the following fines if the respondent has been adjudged to have committed a discriminatory housing practice:
      1. Up to $10,000.00, if the respondent has not previously been found guilty of committing a discriminatory housing practice;
      2. Up to $25,000.00, if the respondent has been found guilty of committing one prior discriminatory housing practice within the preceding five years; or
      3. Up to $50,000.00, if the respondent has been found guilty of committing two or more discriminatory housing practices within the preceding seven years.
   2. The court in its discretion may award the prevailing party reasonable attorney’s fees and court costs; provided, however, that a respondent may be awarded reasonable attorney’s fees and court costs only if the respondent prevails on all alleged violations of this article and upon a showing that the action is frivolous, unreasonable, or without foundation.
   3. In addition to the remedies set forth in paragraphs (1) and (2) of this subsection, the court may award actual damages and punitive damages to the aggrieved person. Punitive damages awarded under this subsection may be awarded only when the evidence shows that the respondent’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences or to the rights of the aggrieved party.
4. Any local agency certified as substantially equivalent by the secretary of housing and urban development pursuant to Section 810 of the federal Fair Housing Amendments Act of 1988 may institute a civil action in any appropriate court, including superior court, if it is unable to obtain voluntary compliance with the local fair housing law. The agency need not have petitioned for an administrative hearing or exhausted its administrative remedies prior to bringing a civil action. The court may impose fines as provided in the local fair housing law.
5. 1. Where an election is not made under paragraph (1) of subsection (a) of this Code section, the administrator shall refer the complaint to an administrative law judge of the Office of State Administrative Hearings. An administrative hearing shall be conducted as provided for under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
   2. Not more than seven working days after the case has been referred to the administrative law judge, the administrator shall serve on the respondent and the person aggrieved or the aggrieved person’s attorney by registered or certified mail or statutory overnight delivery a written notice together with a copy of the complaint requiring the respondent to answer the charges contained therein at a hearing before the administrative law judge at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent.
   3. The respondent shall serve an answer with the administrative law judge by registered or certified mail or statutory overnight delivery not more than 20 working days after receipt of the notice of hearing, which 20 working days may be extended by the administrative law judge in the administrative law judge’s discretion for an additional time not to exceed ten working days. The respondent’s answer must show by a certificate of service that the respondent has served a copy of the answer on the administrator and complainant or the complainant’s attorney at the last known address of the complainant or the complainant’s attorney where the complainant is represented by an attorney. Upon leave of the administrative law judge, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the administrative law judge, may amend thereafter. No order shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. If the respondent fails to answer the complaint, the administrative law judge may enter the respondent’s default. Unless the default is set aside for good cause shown, the hearing may proceed under the available evidence.
   4. A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant and, at the discretion of the administrative law judge, any other person may intervene, examine and cross-examine witnesses, and present evidence.
   5. Efforts at conference, conciliation, and persuasion shall not be received in evidence.
   6. Testimony taken at the hearing shall be under oath and shall be stenographically or otherwise recorded by a certified court reporter. After the hearing, the administrative law judge at the administrative law judge’s discretion may take further evidence or hear arguments upon notice to all parties with an opportunity to be present.
   7. Except as otherwise specifically provided for in this article, all proceedings of the administrative law judge shall be conducted as provided for with respect to contested cases in Chapter 13 of Title 50.

History. Code 1981, § 8-3-213 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 7; Ga. L. 2000, p. 1589, § 3; Ga. L. 2020, p. 603, § 4/HB 969.

The 2020 amendment, effective January 1, 2021, in paragraph (a)(1), in the first sentence, substituted “issued” for “filed” and “Code Section 8-3-211” for “Code Section 8-3-208” near the beginning, and substituted “subsection (e)” for “subparagraph (e)(1)(A) or (e)(1)(B)” near the end; deleted “, after reviewing the administrator’s findings and determining that such findings are well grounded in fact and warranted by law,” following “the Attorney General” in paragraph (a)(2); in paragraph (a)(3), deleted “paragraph (1) or (2) of” following “is made under”, deleted “, after reviewing the administrator’s charge and determining that such charge is well grounded in fact and warranted by law,” following “Attorney General” near the middle, and inserted “in the name of the state” near the end; in paragraph (c)(2), substituted “in its discretion may award the prevailing party reasonable attorney’s fees and court costs; provided, however, that a respondent may be awarded” for “may award” near the beginning, substituted “court costs only if” for “costs to the administrator or aggrieved person in any action in which the administrator or aggrieved person prevails or to the respondent in any action in which” in the middle, and substituted “on all alleged violations of this article and” for “only” near the end; and rewrote subsection (e).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1992, “secretary of housing and urban development” was substituted for “Secretary of Housing and Urban Development” in subsection (d).

Editor’s notes.

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

8-3-214. Orders of administrative law judge.

1. If the administrative law judge determines that the respondent has not engaged in a discriminatory housing practice, the administrative law judge shall state the administrative law judge’s findings of fact and conclusions of law and shall issue a final order within 30 days after the hearing unless, for good cause shown, such time is extended by the administrative law judge, dismissing the complaint.
2. If the administrative law judge determines that the respondent has engaged in a discriminatory housing practice, the administrative law judge shall state the administrative law judge’s findings of fact and conclusions of law and shall issue an order within 30 days after the hearing unless, for good cause shown, such time is extended by the administrative law judge, granting such relief as may be appropriate, which may include actual compensatory damages suffered by the aggrieved person and injunctive or other equitable relief. The prevailing party may, in the discretion of the administrative law judge, be awarded reasonable attorney’s fees and costs; provided, however, that a respondent may only be awarded reasonable attorney’s fees and costs against a party if the respondent prevails on all alleged violations of this article and upon a showing that the proceeding is frivolous, unreasonable, or without foundation.
3. No order of the administrative law judge or final order of the administrator shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this article. In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the administrator shall, not later than 30 days after the date the order becomes final, or, if such order is judicially reviewed, 30 days after such order is in substance affirmed upon review, send copies of the findings of fact, conclusions of law, and the order to that governmental agency and recommend to that governmental agency appropriate disciplinary action. In the case of an order against a respondent against whom another order was issued within the preceding five years under this Code section, the administrator shall send a copy of each such order to the Attorney General.
4. If the administrative law judge finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, the administrative law judge shall enter an order dismissing the charge. The administrator shall make public disclosure of each such dismissal when it becomes final.
5. The administrator may review and reject or modify any finding, conclusion, or order issued by the administrative law judge. In the absence of an appeal by any of the parties to the administrator or any action taken by the administrator within 30 days after the finding, conclusion, or order is so issued, such finding, conclusion, or order shall become the final order of the Commission on Equal Opportunity.

History. Code 1981, § 8-3-214 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 8; Ga. L. 1993, p. 91, § 8; Ga. L. 2020, p. 603, § 5/HB 969.

The 2020 amendment, effective January 1, 2021, rewrote this Code section, which read: “(a) If the board of commissioners determines that the respondent has not engaged in a discriminatory housing practice, the board of commissioners shall state the board of commissioners’ findings of fact and conclusions of law and shall issue a final order within 30 days after the hearing unless, for good cause shown, such time is extended by the board of commissioners, dismissing the complaint.

“(b) If the board of commissioners determines that the respondent has engaged in a discriminatory housing practice, the board of commissioners shall state the board of commissioners’ findings of fact and conclusions of law and shall issue a final order within 30 days after the hearing unless, for good cause shown, such time is extended by the board of commissioners, granting such relief as may be appropriate, which may include actual compensatory damages suffered by the aggrieved person and injunctive or other equitable relief and reasonable attorney’s fees and costs. A prevailing respondent may be awarded reasonable attorney’s fees and costs only upon a showing that the proceeding is frivolous, unreasonable, or without foundation. Attorney’s fees may be awarded against a complainant or an aggrieved party if such party joined in the proceeding on its own as an intervening party.

“(c) No order of the board of commissioners shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this article. In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the administrator shall, not later than 30 days after the date of the issuance of such order, or, if such order is judicially reviewed, 30 days after such order is in substance affirmed upon review, send copies of the findings of fact, conclusions of law, and the order to that governmental agency and recommend to that governmental agency appropriate disciplinary action. In the case of an order against a respondent against whom another order was issued within the preceding five years under this Code section, the administrator shall send a copy of each such order to the Attorney General.

“(d) If the board of commissioners finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, the board of commissioners shall enter an order dismissing the charge. The administrator shall make public disclosure of each such dismissal.”

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1990, “attorney’s” was substituted for “attorney” in the first sentence of subsection (b).

Pursuant to Code Section 28-9-5, in 1992, in both subsections (a) and (b), “commissioners’ ” was substituted for “commissioner’s” and a comma was deleted following “order”, and “a” was deleted preceding “licensing” in the second sentence of subsection (c).

8-3-215. Appeal from order of administrative law judge; attorney’s fees and costs.

1. Any party to a hearing before the administrative law judge may appeal any adverse final order of the administrative law judge by filing a petition for review in the Superior Court of Fulton County within 30 days of the issuance of the final order. The administrative law judge shall not be a named party. The administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the administrator, the administrator shall forward to the court a certified copy of the record of the hearing before the administrative law judge, including the transcript of the hearing before the administrative law judge and all evidence, administrative pleadings, and orders, or the entire record if no hearing has been held. For good cause shown, the court may require or permit subsequent corrections or additions to the record. All appeals for judicial review shall be in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”; provided, however, that if any provisions of Chapter 13 of Title 50 conflict with any provision of this article, this article controls.
2. The court shall not substitute its judgment for that of the administrative law judge as to the weight of the evidence on questions of fact. The court may affirm a final order of the administrative law judge or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
   1. In violation of constitutional or statutory provisions;
   2. In excess of the statutory authority of the agency;
   3. Made upon unlawful procedures;
   4. Affected by other error of law;
   5. Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
   6. Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
3. Upon judicial review of any order of the administrator or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court in its discretion may award the prevailing party reasonable attorney’s fees and costs; provided, however, that a respondent may be awarded reasonable attorney’s fees and court costs only if the respondent prevails on all alleged violations in the order or of the conciliation agreement and upon a showing that the action is frivolous, unreasonable, or without foundation.

History. Code 1981, § 8-3-215 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 9; Ga. L. 2020, p. 603, § 6/HB 969.

The 2020 amendment, effective January 1, 2021, substituted “administrative law judge,” for “board of commissioners” in subsections (a) and (b); substituted “Superior Court of Fulton County” for “superior court in the county in which the alleged unlawful practice occurred or in the superior court of the residence of the respondent” near the end of the first sentence of subsection (a); rewrote paragraph (b)(5), which read: “Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support said findings, inferences, conclusions, or decisions; or”; and rewrote subsection (c), which read: “If, upon judicial review of any order of the board of commissioners or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court rules in favor of the complainant, then the court may in its discretion render an award of reasonable attorney’s fees and costs of litigation in the superior court to the complainant. A prevailing respondent may be awarded court costs and reasonable attorney’s fees only upon a showing that the action is frivolous, unreasonable, or without foundation.”

8-3-216. Filing order of administrator in superior court and judgment thereon.

Any person affected by a final order of the administrator may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the administrator unappealed from or of a final order of the administrator affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court.

History. Code 1981, § 8-3-216 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 10; Ga. L. 2020, p. 603, § 7/HB 969.

The 2020 amendment, effective January 1, 2021, in the first sentence, deleted “or the board of commissioners” following “administrator” near the beginning, deleted “or of the board of commissioners” preceding “unappealed from” near the middle, and substituted “administrator” for “board of commissioners”.

8-3-217. Civil actions by aggrieved persons.

1. 1. An aggrieved person may commence a civil action in an appropriate superior court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach of a conciliation agreement.
   2. The computation of such two-year period shall not include any time during which an administrative proceeding under this article was pending with respect to a complaint or charge under this article based upon such discriminatory housing practice. This paragraph does not apply to actions arising from a breach of a conciliation agreement.
   3. An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under Code Section 8-3-208 and without regard to the status of any such complaint, but if the administrator has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such conciliation agreement.
   4. An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the administrator if an administrative law judge has commenced a hearing on the record under this article with respect to such charge.
2. 1. The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order and may award to the plaintiff reasonable attorney’s fees, court costs, actual damages, and punitive damages. Punitive damages may be awarded under this article only when the evidence shows that the respondent’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences or to the rights of the aggrieved party.
   2. Where it is proved that the aggrieved party took an active part in the initiation, continuation, or procurement of civil proceedings against a respondent, the aggrieved party may be liable for abusive litigation as provided for in Article 5 of Chapter 7 of Title 51.
3. Relief granted under this Code section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, lessee, or tenant without actual notice of a complaint filed with the administrator or civil action under this Code section.
4. Upon timely application, the Attorney General may intervene in such civil action if the Attorney General certifies that the case is of general public importance. Upon such intervention, the Attorney General may obtain such relief as would be available to the Attorney General under Code Section 8-3-218 in a civil action to which such Code section applies.

History. Code 1981, § 8-3-217 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1992, p. 1840, § 11; Ga. L. 2020, p. 603, § 8/HB 969.

The 2020 amendment, effective January 1, 2021, substituted “an administrative law judge” for “the board of commissioners” near the end of paragraph (a)(4); and deleted “not to exceed penalties permitted by the federal Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3601, et seq., as amended” following “punitive damages” at the end of the first sentence in paragraph (b)(1).

8-3-218. Civil actions by Attorney General.

1. Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this article or that any group of persons has been denied any of the rights granted by this article and such denial raises an issue of general public importance, the Attorney General may commence a civil action in any appropriate superior court.
2. 1. The Attorney General may commence a civil action in any appropriate superior court for appropriate relief with respect to a discriminatory housing practice referred to the Attorney General by the administrator under paragraph (3) of subsection (b) of Code Section 8-3-211. A civil action brought under this paragraph may be commenced not later than 180 days from the date a reasonable cause determination is issued by the administrator.
   2. The Attorney General may commence a civil action in any appropriate superior court for appropriate relief with respect to breach of a conciliation agreement referred to the Attorney General by the administrator under subsection (d) of Code Section 8-3-209. A civil action brought under this paragraph may be commenced not later than the expiration of 90 days after the referral of the alleged breach under subsection (d) of Code Section 8-3-209.
3. The Attorney General, on behalf of the administrator or other party at whose request a subpoena is issued under this article, may enforce such subpoena in appropriate proceedings in the superior court for the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.
4. 1. In a civil action brought under subsection (a) or (b) of this Code section, the court:
      1. May award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the persons responsible for a violation of this article as is necessary to assure the full enjoyment of the rights granted by this article;
      2. May award such other relief as the court deems appropriate, including actual damages to persons aggrieved; and
      3. May, to vindicate the public interest, assess a civil penalty against the respondent:
         1. In an amount not exceeding $50,000.00 for a first violation; or
         2. In an amount not exceeding $100,000.00 for any subsequent violation.
   2. In a civil action brought under subsection (a) or (b) of this Code section, the court in its discretion may allow the prevailing party reasonable attorney’s fees and court costs; provided, however, that a respondent may be awarded reasonable attorney’s fees and court costs if the respondent prevails on all alleged violations of this article and upon a showing that the action is frivolous, unreasonable, or without foundation.
5. Upon timely application, any person may intervene in a civil action commenced by the Attorney General under subsection (a) or (b) of this Code section which involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party.  The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under Code Section 8-3-217.
6. Nothing in this article shall be interpreted to limit or alter the Attorney General’s authority to determine whether to file or otherwise maintain a civil action.

History. Code 1981, § 8-3-218 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 2020, p. 603, § 9/HB 969.

The 2020 amendment, effective January 1, 2021, in paragraph (d)(2), inserted “court” and substituted “court costs if the respondent prevails on all alleged violations of this article and” for “court costs only” near the end; and added subsection (f).

8-3-219. Expediting of actions under Code Section 8-3-217 or 8-3-218.

Any court in which a proceeding is instituted under Code Section 8-3-217 or 8-3-218 shall assign the case for hearing at the earliest practicable date and cause the case to be expedited.

History. Code 1981, § 8-3-219 , enacted by Ga. L. 1990, p. 1284, § 1.

8-3-220. Adoption of provisions in local ordinance.

A political subdivision of this state may adopt verbatim the laws against discriminatory housing practices cited in Code Section 8-3-202, 8-3-203, 8-3-204, 8-3-205, or 8-3-222 of this article as a local ordinance but may not expand or reduce the rights granted by this article.

History. Code 1981, § 8-3-220 , enacted by Ga. L. 1990, p. 1284, § 1.

8-3-221. Cooperation with federal and local agencies.

The administrator may cooperate with federal and local agencies charged with the administration of federal and local fair housing laws or ordinances and, with the consent of such agencies, utilize the services of such agencies and their employees. In furtherance of such cooperative efforts, the administrator may enter into written agreements with such federal or local agencies. All agreements and terminations thereof shall be published in the Official Compilation of the Rules and Regulations of the State of Georgia.

History. Code 1981, § 8-3-221 , enacted by Ga. L. 1990, p. 1284, § 1.

8-3-222. Coercion, intimidation, threats, or interference.

It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of such person’s having exercised or enjoyed, or on account of such person’s having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article.

History. Code 1981, § 8-3-222 , enacted by Ga. L. 1990, p. 1284, § 1.

8-3-223. Compliance with federal law.

Compliance with the provisions of the Fair Housing Amendments Act of 1988 (Pub. L. No. 100-430) shall be deemed compliance with the provisions of paragraph (7) of Code Section 8-3-201 and subparagraph (a)(7)(B) of Code Section 8-3-202. In addition, should any provision of this article relating to the treatment of persons with disabilities be in conflict with any provision of the Fair Housing Amendments Act of 1988, then the provisions of the latter shall prevail.

History. Code 1981, § 8-3-223 , enacted by Ga. L. 1990, p. 1284, § 1; Ga. L. 1995, p. 1302, § 3.

8-3-300. Short title.

This article shall be known and cited as the “State Housing Trust Fund for the Homeless Act.”

History. Code 1981, § 8-3-300 , enacted by Ga. L. 1988, p. 717, § 1.

8-3-301. Definitions.

As used in this article, the term:

1. “Commission” means the State Housing Trust Fund for the Homeless Commission created in Code Section 8-3-306.
2. “Homeless” means persons and families who have no access to or can reasonably be expected not to have access to either traditional or permanent housing which can be considered safe, sanitary, decent, and affordable.
3. “Low-income persons” means persons or families who lack the income necessary, as determined solely by the commission, to enable them, without financial assistance, to secure safe, sanitary, decent, and affordable housing.
4. “Member” means a member appointed to serve on the State Housing Trust Fund for the Homeless Commission.
5. “Qualified sponsor” means a nonprofit, for profit, or governmental sponsor of a residential housing project.
6. “Residential housing project” means a program designed to enhance residential housing opportunities for low-income persons. Such projects include, but are not limited to, financing in whole or in part the acquisition, rehabilitation, improvement, or construction of residential rental housing and interest rate or down payment assistance programs designed to enhance home ownership opportunities.
7. “Trust fund” means the State Housing Trust Fund for the Homeless created in Code Section 8-3-302.

History. Code 1981, § 8-3-301 , enacted by Ga. L. 1988, p. 717, § 1; Ga. L. 1990, p. 8, § 8; Ga. L. 1991, p. 1653, § 2-1; Ga. L. 1996, p. 872, § 1.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1993, “low-income” was substituted for “low income” in paragraph (6).

8-3-302. Fund created.

The State Housing Trust Fund for the Homeless is created as a separate fund in the state treasury. The fund shall be expended only as provided in this article.

History. Code 1981, § 8-3-302 , enacted by Ga. L. 1988, p. 717, § 1.

8-3-303. Amounts credited to trust fund.

The state treasurer shall credit to the trust fund all amounts appropriated or otherwise donated to such trust fund. All funds appropriated to or otherwise paid or credited to the trust fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.

History. Code 1981, § 8-3-303 , enacted by Ga. L. 1988, p. 717, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 3/SB 296.

8-3-304. Investments.

The state treasurer shall invest trust fund money in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50.

History. Code 1981, § 8-3-304 , enacted by Ga. L. 1988, p. 717, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 3/SB 296.

8-3-305. Payments from fund.

The Office of the State Treasurer shall be authorized to draw a warrant or warrants upon the trust fund upon receipt of an order for payment of the State Housing Trust Fund for the Homeless Commission, which order for payment has been approved by the Governor.

History. Code 1981, § 8-3-305 , enacted by Ga. L. 1988, p. 717, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296.

8-3-306. Commission established; members; officers; support personnel; appropriations and budget through Department of Community Affairs.

1. There is established the State Housing Trust Fund for the Homeless Commission which shall consist of nine members. Two of the nine members shall be the commissioner of community affairs, or his or her designee, and either the chairperson of the Board of Community Affairs or a member of the Board of Community Affairs designated by the chairperson. The Governor shall appoint the remaining seven public members. The public members shall be knowledgeable in the area of housing and, to the extent practicable, shall represent diverse housing concerns. Public members shall serve for a term of four years except that initial appointments shall be staggered as follows: three of the appointees shall serve an initial term of four years and four of the appointees shall serve an initial term of two years. Public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Governor shall appoint a successor to serve the balance of the unexpired term. Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.
2. The commission shall elect a chairperson who shall serve in that position for a term of two years. The commission shall elect such other officers and appoint committees as it deems appropriate.
3. The commission shall hire no staff but shall contract with the Department of Community Affairs for professional, technical, and clerical support from the Department of Community Affairs as required. In the event that the Department of Community Affairs is unable to provide the professional, technical, or clerical services required, the commission may hire outside consultants on a specified project basis.
4. Any and all appropriations made to the trust fund pursuant to the general appropriations Act or the supplemental appropriations Act shall be directed through the Department of Community Affairs. The commission shall submit its budget to and through the Department of Community Affairs.

History. Code 1981, § 8-3-306 , enacted by Ga. L. 1988, p. 717, § 1; Ga. L. 1991, p. 1653, § 2-3; Ga. L. 1993, p. 311, § 1; Ga. L. 1996, p. 872, § 2.

8-3-307. Expense allowance and travel reimbursement for members of commission.

Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is in physical attendance at a commission meeting, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Notwithstanding the foregoing, no member shall receive said expense allowance or travel reimbursement if said member is entitled to receive an expense allowance or travel reimbursement or salary for performance of duties on some other state board, commission, or entity, by whatever name called, for work performed on that day in the same location. Expense allowances and travel reimbursement shall be paid from moneys appropriated or otherwise available to the trust fund.

History. Code 1981, § 8-3-307 , enacted by Ga. L. 1988, p. 717, § 1.

8-3-308. Duties of commission.

The commission shall:

1. Meet at such times and places as it shall determine necessary or convenient to perform its duties;
2. Maintain minutes of its meetings;
3. Adopt rules and regulations for the transaction of its business;
4. Accept applications for disbursements of available moneys from the trust fund for residential housing projects; and
5. Maintain or cause to be maintained records of all expenditures of the commission, all funds received, and all disbursements made.

History. Code 1981, § 8-3-308 , enacted by Ga. L. 1988, p. 717, § 1; Ga. L. 1993, p. 91, § 8; Ga. L. 1996, p. 872, § 3.

8-3-309. Acceptance of federal funds; disposition.

The commission may accept federal funds granted by Congress or executive order for the purposes of residential housing projects and gifts, grants, and donations from individuals, private organizations, or foundations. All funds received in this manner shall be transmitted to the state treasurer for deposit in the trust fund to be disbursed as other moneys in the trust fund.

History. Code 1981, § 8-3-309 , enacted by Ga. L. 1988, p. 717, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 3/SB 296.

8-3-310. Authorized disbursement.

1. The commission may authorize the disbursement of available money from the trust fund for residential housing projects sponsored by a qualified sponsor. The commission may consult, as appropriate, with persons with varied and diverse interests in housing in order to acquaint them with the trust fund and to solicit information relating to housing needs, residential housing projects, and criteria for selection of residential housing projects. The criteria for making such disbursement decisions shall include, but not be limited to, the following:
   1. The number of persons assisted;
   2. The leveraging of money or in-kind services by a qualified sponsor;
   3. The geographic distribution of residential housing projects;
   4. The availability of other forms of assistance; and
   5. Any and all other factors bearing upon the advisability and necessity of the residential housing project.
2. Funds may also be disbursed from the trust fund to pay expenses of the commission, to pay any and all operating expenses, and to pay for professional, technical, and clerical services provided the commission by the Department of Community Affairs or by other outside sources.

History. Code 1981, § 8-3-310 , enacted by Ga. L. 1988, p. 717, § 1; Ga. L. 1991, p. 1653, § 2-3; Ga. L. 1996, p. 872, § 4.

8-3-311. Powers of commission to hold title, foreclose, commence action to protect or enforce rights, and exercise other rights for its benefit or protection.

1. The commission shall have the power to hold title to any residential housing project financed by it, but it shall not be required to do so.
2. The commission shall have the power to foreclose on any mortgage or security interest in default and to commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such mortgage or security interest at any foreclosure or at any other sale; to accept a deed in lieu of foreclosure; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection of the commission.

History. Code 1981, § 8-3-311 , enacted by Ga. L. 1993, p. 311, § 2.

8-3-330. “Home inspector” defined.

As used in this article, the term “home inspector” means any person, except an employee of a county, municipality, or political subdivision while engaged in the performance of the duties of his or her employment, who, for consideration, inspects and reports on the condition of any home or single-family dwelling or the grounds, roof, exterior surface, garage or carport, structure, attic, basement or crawl space, electrical system, heating system, air-conditioning system, plumbing, on-site sewerage disposal, pool or hot tub, fireplace, kitchen, appliances, or any combination thereof for a prospective purchaser or seller.

History. Code 1981, § 8-3-330 , enacted by Ga. L. 1994, p. 471, § 1.

8-3-331. Documentation required.

Every home inspector shall provide to the person on whose behalf a home or single-family dwelling is being inspected a written document specifying:

1. The scope of the inspection, including those structural elements, systems, and subsystems to be inspected;
2. That the inspection is a visual inspection; and
3. That the home inspector will notify in writing the person on whose behalf such inspection is being made of any defects noted during the inspection, along with any recommendation that certain experts be retained to determine the extent and corrective action necessary for such defects.

History. Code 1981, § 8-3-331 , enacted by Ga. L. 1994, p. 471, § 1.

8-3-331.1. Licensing authority of political subdivision.

Nothing in this article shall preempt a political subdivision from prescribing licensing requirements for home inspectors.

History. Code 1981, § 8-3-331.1 , enacted by Ga. L. 1997, p. 550, § 2.

Editor’s notes.

Ga. L. 1997, p. 550, § 3, not codified by the General Assembly, provides that no county or municipality shall be required to implement the requirements of that Act until such time as the county or municipality has consumed all building permit forms on hand as of January 1, 1998.

8-3-332. Criminal penalty.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor.

History. Code 1981, § 8-3-332 , enacted by Ga. L. 1994, p. 471, § 1.

8-4-1. Short title.

This chapter may be referred to as the “Redevelopment Law.”

History. Ga. L. 1946, p. 157, § 1.

Law reviews.

For survey of developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981).

8-4-2. Legislative findings and declaration of necessity.

It is found and declared:

1. That there exist in many communities within this state blighted areas, as defined in Code Section 8-4-3, or areas in the process of becoming blighted;
2. That such areas impair economic values and tax revenues; that such areas cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities;
3. That the clearance, replanning, and preparation for rebuilding of these areas and the prevention of the reduction of blight and its causes are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern;
4. That there are also certain areas where the condition of the title, the diverse ownership of the land to be assembled, the street or lot layouts, or other conditions prevent a proper development of the land; that it is in the public interest that such areas, as well as blighted areas, be acquired by eminent domain and made available for sound and wholesome development in accordance with a redevelopment plan; and that the exercise of the power of eminent domain and the financing of the acquisition and preparation of land by a public agency for such redevelopment is likewise a public use and purpose;
5. That redevelopment activities will stimulate residential construction which is closely correlated with general economic activity; and that such undertakings authorized by this chapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in achieving and maintaining full employment;
6. That there exists an emergency housing shortage of decent, safe, and sanitary dwellings for families of low income; and
7. That it is in the public interest that advance preparation for such projects and activities be made now; and that the necessity in the public interest for the provisions enacted by this chapter is declared as a matter of legislative determination.

History. Ga. L. 1946, p. 157, § 2.

8-4-3. Definitions.

As used in this chapter, the term:

1. “Blighted areas” means:
   1. Areas in which there is a predominance of buildings or improvements, or which are predominantly residential in character, and which, by reason of:
      1. Dilapidation, deterioration, age, or obsolescence;
      2. Inadequate provision for ventilation, light, air, sanitation, or open spaces;
      3. High density of population and overcrowding;
      4. The existence of conditions which endanger life or property by fire and other causes; or
      5. Any combination of such factors,

         are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime and are detrimental to the public health, safety, morals, or welfare; and

   2. Areas which, by reason of:
      1. The predominance of defective or inadequate street layout;
      2. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
      3. Insanitary or unsafe conditions;
      4. Deterioration of site improvements;
      5. Diversity of ownership;
      6. Tax or special assessment delinquency exceeding the fair value of the land;
      7. Defective or unusual conditions of title;
      8. Improper subdivision or obsolete platting;
      9. The existence of conditions which endanger life or property by fire or other causes; or
      10. Any combination of such factors,

          substantially impair or arrest the sound growth of the community, retard the provision of housing accommodations, or constitute an economic or social liability and are a menace to the public health, safety, morals, or welfare in their present condition and use.

2. “Redevelopment plan” means a plan, other than a preliminary or tentative plan, for the acquisition, clearance, reconstruction, rehabilitation, or future use of a redevelopment project area. Such plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements and to indicate the proposed land uses and building requirements in the redevelopment project area.
3. “Redevelopment project” means:
   1. Any work or undertaking to acquire blighted areas or portions thereof, including lands, structures, or improvements, the acquisition of which is necessary or incidental to the proper clearance, development, or redevelopment of such blighted areas or to the prevention of the spread or recurrence of slum conditions or conditions of blight;
   2. Any work or undertaking to clear any such areas by demolition or removal of existing buildings, structures, streets, utilities, or other improvements thereon and to install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan;
   3. Any work or undertaking to sell, lease, or otherwise make available land in such areas for residential, recreational, commercial, industrial, or other use, or for public use or to retain such land for public use, in accordance with the redevelopment plan; and
   4. The preparation of a redevelopment plan; the planning, survey, and other work incident to a redevelopment project; and the preparation of all plans and arrangements for carrying out a redevelopment project.

History. Ga. L. 1946, p. 157, § 3; Ga. L. 1951, p. 683, § 1.

8-4-4. Power of authorities to prepare redevelopment plans and to undertake redevelopment projects; scope of authorities’ powers, privileges, and immunities.

Any housing authority established pursuant to Article 1 of Chapter 3 of this title, the “Housing Authorities Law,” is authorized to prepare or cause to be prepared redevelopment plans and to undertake redevelopment projects within its area of operation, in accordance with this chapter. In undertaking such redevelopment projects, a housing authority shall have all the rights, powers, privileges, and immunities that such authority has under Article 1 of Chapter 3 of this title, the “Housing Authorities Law,” and any other provision of law relating to slum clearance and housing projects for persons of low income, including, without limiting the generality of the foregoing, the power to make and execute contracts, to issue bonds and other obligations and give security therefor, to acquire real property by eminent domain or purchase, and to do any and all things necessary to carry out projects in the same manner as though all of the provisions of law applicable to slum clearance and housing projects were applicable to redevelopment projects undertaken under this chapter, provided that nothing contained in Code Sections 8-3-11 and 8-3-12 shall be construed as limiting the power of an authority, in the event of a default by a purchaser or lessee of land in a redevelopment plan, to acquire property and operate it free from the restrictions contained in said Code sections.

History. Ga. L. 1946, p. 157, § 4; Ga. L. 1951, p. 683, § 2.

Cross references.

Property-acquisition policies relating to federal-aid public works projects, § 22-4-9 et seq.

8-4-5. Approval of redevelopment projects by cities.

An authority shall not initiate any redevelopment project under this chapter until the governing body, planning agency, or other legally designated and empowered public agency of each city in which any of the area to be covered by the project is situated has approved the redevelopment plan for the redevelopment project area.

History. Ga. L. 1946, p. 157, § 5; Ga. L. 1951, p. 683, § 3.

8-4-6. Power of authorities to make property available for use by private enterprise or public agencies; manner of valuation of property; obligations of purchasers and lessees.

1. An authority may make land in a redevelopment project available for use by private enterprise or public agencies in accordance with the redevelopment plan. Such land may be made available at its fair value, which represents the value, whether expressed in terms of rental or capital price, at which the authority determines such land should be made available in order that it may be developed or redeveloped for the purpose specified in such plan.
2. To assure that land acquired in a redevelopment project is used in accordance with the redevelopment plan, an authority, upon the sale or lease of such land, shall obligate purchasers or lessees:
   1. To use the land for the purpose designated in the redevelopment plan;
   2. To begin the building of improvements within such period of time as the authority fixes as reasonable; and
   3. To comply with such other conditions as are necessary to carry out the purposes of this chapter.

      Any such obligations by the purchaser shall be covenants and conditions running with the land where the authority so stipulates.

History. Ga. L. 1946, p. 157, § 7.

8-4-7. Taxation of leased property.

Any property which the authority leases to private corporations, individuals, or partnerships for development under a redevelopment plan shall have the same tax status as if such leased property were owned by such private corporations, individuals, or partnerships.

History. Ga. L. 1946, p. 157, § 8.

8-4-8. Acquisition and development by authorities of lands not within blighted areas for redevelopment projects; findings required prior to acquisition; projects involving more than one city.

1. Upon a determination, by resolution, of the governing body of the city in which such land is located that the acquisition and development of undeveloped vacant land, not within a blighted area, is essential to the proper clearance or redevelopment of blighted areas or a necessary part of the general slum clearance program of the city, the acquisition, planning, preparation for development, or disposal of such land shall constitute a redevelopment project which may be undertaken by the authority in the manner provided in this chapter. The determination by the governing body shall not be made until such body finds that there is a shortage of decent, safe, and sanitary housing in the city; that such undeveloped vacant land will be developed for predominantly residential uses; and that the provision of decent, safe, and sanitary housing on such undeveloped vacant land is necessary to the relocation of families to be displaced from blighted areas in the city which are under redevelopment.
2. In the undertaking of redevelopment projects on a regional or unified metropolitan basis, which projects involve the acquisition and development of undeveloped vacant land in one city as an adjunct to the redevelopment of blighted areas in another city, each determination or finding required in this Code section shall be made by the governing body of the city with respect to which the determination or finding relates.

History. Ga. L. 1951, p. 683, § 7.

8-4-9. Cooperation by state public bodies in aid of redevelopment projects.

Any state public body, as defined in Code Section 8-3-152, shall have the same rights and powers to cooperate with and assist housing authorities with respect to redevelopment projects that such state public body has pursuant to Article 2 of Chapter 3 of this title, the “Housing Cooperation Law,” for the purpose of assisting the development or administration of slum clearance and housing projects, in the same manner as though Article 2 of Chapter 3 of this title were applicable to redevelopment projects undertaken under this chapter.

History. Ga. L. 1946, p. 157, § 6.

8-4-10. Financial aid from federal government; security for aid.

An authority may borrow money or accept contributions from the federal government to assist in its undertakings and redevelopment projects. An authority may do any and all things necessary or desirable to secure such financial aid (including obligating itself, in any contract with the federal government for financial assistance, to convey to the federal government the project to which said contract relates upon the occurrence of a substantial default thereunder), in the same manner as though it were securing such aid in connection with slum clearance and housing projects under Article 1 of Chapter 3 of this title, the “Housing Authorities Law.”

History. Ga. L. 1946, p. 157, § 9; Ga. L. 1951, p. 683, § 4.

Cross references.

Programs for relocation of persons and businesses displaced by federal-aid public works projects, § 22-4-1 et seq.

8-4-11. Bonds and other obligations as legal investments and security.

Bonds or other obligations issued by a housing authority in connection with a redevelopment project pursuant to this chapter, which bonds or obligations are secured by a contract with the federal government for financial assistance, shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, and other bodies and officers as bonds or other obligations which are secured by a contract with the federal government for annual contributions issued pursuant to Article 1 of Chapter 3 of this title, the “Housing Authorities Law,” in connection with the development of slum clearance or housing projects.

History. Ga. L. 1946, p. 157, § 10; Ga. L. 1951, p. 683, § 5.

8-4-12. Investment in projects; acquisition, development, and sale of lands and improvements in project areas.

Notwithstanding any restriction or limitation on investments contained in any other laws of this state, any building and loan association, any savings and loan association, any investment company, or any insurance company or association is authorized:

1. To invest its funds in projects contemplated by this chapter;
2. To acquire and hold land;
3. To acquire or erect apartment, tenement, or other dwelling houses, not including hotels but including accommodations for retail stores, shops, offices, and other community services reasonably incidental to such projects; to own, maintain, manage, and collect or receive income from such apartment, tenement, or other dwelling houses; and
4. To sell or convey such land and the improvements thereon.

History. Ga. L. 1946, p. 157, § 10; Ga. L. 1951, p. 683, § 6.

8-5-1. Short title.

This chapter shall be known and may be cited as the “Art in State Buildings Program.”

History. Code 1981, § 8-5-1 , enacted by Ga. L. 1987, p. 891, § 1.

8-5-2. Legislative purpose.

The General Assembly finds and declares that the State of Georgia has a responsibility for expanding public experience with art. The General Assembly recognizes that other states have enacted legislation requiring the expenditure of 1 percent of funds allocated for the construction of state buildings for works of art for such buildings.

History. Code 1981, § 8-5-2 , enacted by Ga. L. 1987, p. 891, § 1.

8-5-3. Definitions.

As used in this chapter, the term:

1. “Acquisition” means acquisition by purchase, lease, or commission.
2. “Council” means the Georgia Council for the Arts.
3. “State buildings” means state office buildings, hospitals, prisons, buildings of state authorities, and such other state buildings which the Georgia Council for the Arts deems appropriate for the inclusion of art as provided in this chapter but shall not mean either the state capitol or the capitol education center.
4. “Work of art” means any work of visual art, including, but not limited to, a drawing, painting, mural, fresco, sculpture, mosaic, or photograph; a work of calligraphy; a work of graphic art, including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature; crafts, including crafts in clay, textile, fiber, wood, metal, plastic, glass, or like materials; or mixed media, including a collage, assemblage, or any combination of the foregoing art media. The term “work of art” does not include environmental landscaping placed about a state building.

History. Code 1981, § 8-5-3 , enacted by Ga. L. 1987, p. 891, § 1; Ga. L. 2000, p. 1332, § 1.

Cross references.

Georgia Council for the Arts, § 50-12-20 et seq.

8-5-4. Gifts and appropriations.

1. Financing of works of art in state buildings shall be subject to appropriations by the General Assembly. The Governor shall include a budget item for art in state buildings in the budget of the Office of Planning and Budget in the annual budget submitted to the General Assembly.
2. The council may accept grants, gifts, donations, bequests, or federal money made in connection with the art in state buildings program and expend such funds for the purposes of this chapter.

History. Code 1981, § 8-5-4 , enacted by Ga. L. 1987, p. 891, § 1.

8-5-5. Duties of the art council.

In order to carry out the purposes of this chapter, the council shall do all of the following:

1. 1. Determine and implement procedures for the purchase or lease by written contract of existing works of art from an artist or the artist’s authorized agent. Works of art to be purchased or leased shall be selected by the council from lists of works prepared and submitted by advisory committees empowered by the council. In making such purchases or in executing such leases, preference may be given to artists who are Georgia residents. No lease obligation shall be incurred under the provisions of this chapter without the prior approval of the Office of Planning and Budget.
   2. Determine and implement procedures, one of which shall provide for competition among artists, for the selection and commissioning of artists by written contract to create works of art. Commissioned artists shall be selected by the council from lists of qualified and available artists prepared and submitted by advisory committees empowered by the council. In making such contracts, preference may be given to artists who are Georgia residents.
   3. If competition among artists is the procedure for selection of an artist pursuant to subparagraph (B) of this paragraph, a panel of three judges shall be appointed to make such selection. The panel shall consist of the director of the Office of Planning and Budget or a person designated by such director, a member of the council or a person designated by the council, and one person selected by the other two who shall be a visual artist, an architect or designer, a person employed by an art museum, or a collector of visual art. At least one judge on each panel shall be a working visual artist;
2. Consult with each artist commissioned regarding the design and placement of a work of art;
3. Ensure that works of art acquired pursuant to this chapter are placed in a manner so that they are within public view;
4. Ensure that the program for acquisition of works of art pursuant to this chapter results in participation by many different artists and in acquisitions from among many of the different art forms referred to in paragraph (4) of Code Section 8-5-3. A person who is, or is related to, a member of the council or is employed by the council or a person related to or employed in the office of the director of the Office of Planning and Budget may not be selected or commissioned pursuant to this chapter;
5. Cooperate with other affected state agencies and consult with the artist to ensure that each work of art acquired pursuant to this chapter is properly maintained and is not artistically altered in any manner without the consent of the artist;
6. Promulgate rules and regulations, as necessary, in consultation with the council and any other person, group, or association in the State of Georgia related to architecture, design, or the arts so as to facilitate the implementation of the council’s responsibilities under this chapter; and
7. Authorize payments to artists for works of art acquired pursuant to this chapter.

History. Code 1981, § 8-5-5 , enacted by Ga. L. 1987, p. 891, § 1.

Cross references.

Powers and duties generally of Georgia Council for the Arts, § 50-12-23 .

8-5-6. Purchases and commissions exempt from bidding requirements.

Except as otherwise provided in this chapter, the selection and commissioning of artists and the purchase and execution of works of art for state buildings shall be exempt from the provisions of law relating to bidding requirements in connection with state buildings.

History. Code 1981, § 8-5-6 , enacted by Ga. L. 1987, p. 891, § 1.

8-5-7. Ownership rights; rights of artists.

1. The state shall receive sole ownership of each work of art acquired pursuant to this chapter, including all tangible rights and privileges thereof, subject to the following intangible rights retained by the artist:
   1. The right to claim authorship of the work of art;
   2. The right to reproduce such work of art, including all rights to which the work of art may be subject under copyright laws. Such rights may be limited by written contract; and
   3. If provided by written contract, the right to receive a specified percentage of the proceeds if the work of art is subsequently sold by the state to a third party other than as part of the sale of the building in which the work of art is located.
2. The rights granted to the artist by subsection (a) of this Code section may by written contract be extended to such artist’s heirs, assigns, or personal representatives until after the end of the twentieth year following the death of such artist.
3. Prior to execution of a written contract, the artist shall be informed in writing of the rights specified in subsections (a) and (b) of this Code section which may be granted by contract to the artist or to the artist’s heirs, assigns, or personal representatives.

History. Code 1981, § 8-5-7 , enacted by Ga. L. 1987, p. 891, § 1.

Law reviews.

For comment, “Pay What You Like — No, Really: Why Copyright Law Should Make Digital Music Free for Noncommercial Uses,” see 58 Emory L.J. 1495 (2009).

For note, “How to Get the Mona Lisa in your Home Without Breaking the Law: Painting a Picture of Copyright Issues with Digitally Accessible Museum Collections,” see 18 J. Intell. Prop. L. 567 (2011).

8-5-8. Annual report.

In consultation with the director of the Office of Planning and Budget, the council shall prepare an annual report relative to the art in state buildings program pursuant to this chapter. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient. Such report may be submitted as part of a report on the activities and programs of the council.

History. Code 1981, § 8-5-8 , enacted by Ga. L. 1987, p. 891, § 1; Ga. L. 2005, p. 1036, § 1/SB 49.

Cross references.

Annual report of Georgia Council for the Arts, § 50-12-24 .

8-5-9. Sale of works of art by state.

If a work of art acquired pursuant to this chapter is to be sold by the state, such sale shall be made to the highest bidder, conditioned on the work of art first being offered to the artist at the bid price.

History. Code 1981, § 8-5-9 , enacted by Ga. L. 1987, p. 891, § 1.

8-6-1. Short title.

This chapter shall be known and may be cited as the “Construction Activity Prohibition on Abandoned Landfills Act of 1988.”

History. Code 1981, § 8-6-1 , enacted by Ga. L. 1988, p. 821, § 1.

Cross references.

Requirements for deeds conveying interest in real property used as commercial landfill, § 44-5-48 .

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1988, “This chapter” was substituted for “This Act” at the beginning of the Code section.

8-6-2. Definitions.

As used in this chapter, the term:

1. “Construction activity” means to erect or build an enclosed building or structure of any type, kind, or design.
2. “Division” means the Environmental Protection Division of the Department of Natural Resources.
3. “Landfill” means any location operated as a commercial venture for profit or operated by a county or municipality for the disposal of solid wastes or any location where a private owner accepts solid wastes for compensation from sources other than his own property for disposal.
4. “Solid waste” means putrescible and nonputrescible wastes, except water carried body waste, and shall include garbage, rubbish (paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage), ashes, street refuse, dead animals, sewage sludges, animal manures, industrial wastes (waste materials generated in industrial operations), residue from incineration, food processing wastes, demolition wastes, abandoned automobiles, dredging wastes, construction wastes, and any other waste material in a solid or semisolid state not otherwise defined in this article.

History. Code 1981, § 8-6-2 , enacted by Ga. L. 1988, p. 821, § 1.

8-6-3. Division landfill records; filing notice of existence of landfill.

1. The division shall maintain records on each landfill operated now or in the future in this state, which records shall include an accurate legal description of the boundaries of the landfill and the dates of its operation.
2. The division shall file notice of the existence of the landfill with the clerk of the superior court of the county or counties within which the landfill is located.

History. Code 1981, § 8-6-3 , enacted by Ga. L. 1988, p. 821, § 1.

8-6-4. Permit required for construction of building or enclosed structure; exception.

1. No person shall construct any building or enclosed structure of any type, kind, or design on any real property on which a landfill on the public records has been located without first obtaining a permit for such construction from the local governing authority.
2. This Code section shall not apply to construction activity by public service corporations or to the construction of roads, highways, or bridges.

History. Code 1981, § 8-6-4 , enacted by Ga. L. 1988, p. 821, § 1.

8-7-1. Use or application of pesticides in public buildings; notice; material safety data sheets; penalty.

1. As used in this Code section, the term:
   1. “Agency” means the State of Georgia and any branch, department, agency, division, board, bureau, entity, official, employee, or agent of the state and any county, municipality, school district, consolidated government, or authority created by or pursuant to the Constitution of the State of Georgia or any general or local law of this state and any official, employee, or agent of any such entity.
   2. “Building operator” means the owner, the owner’s agent, or the building manager of any public building or, in the case of a public building which is leased to a tenant who is responsible for the operation of the building, the tenant or the tenant’s building manager.
   3. “Fumigant” means any substance which by itself or in combination with any other substance emits or liberates a gas or gases, fumes, or vapors, which gas or gases, fumes, or vapors when liberated and used will destroy vermin, rodents, insects, and other pests, but are usually lethal, poisonous, noxious, or dangerous to human life.
   4. “Insecticides” means substances, not fumigants, under whatever name known, used for the destruction or control of insects and similar pests.
   5. “Pesticide” means attractants, fumigants, fungicides, insecticides, rodenticides, and repellants.
   6. “Public building” means a building owned or leased by an agency, which is open to the public, including but not limited to the following:
      1. Any building which provides facilities or shelter for public use or assembly or which is used for educational, office, or institutional purposes; and
      2. Any library, museum, school, hospital, auditorium, dormitory, or university building.
   7. “Repellants” means substances, not fumigants, under whatever name known, which may be toxic to insects and related pests, but generally employed because of their capacity for preventing the entrance or attack of pests.
   8. “Rodenticides” means substances, not fumigants, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents.
2. The building operator of any public building who personally applies or uses or who contracts for or orders the application within the interior of any public building of any pesticide requiring the direct supervision of a certified operator as defined in Code Section 43-45-2 or any pesticide which is sold solely for commercial applicator use and is restricted to uses other than household use shall post a conspicuous notice in such public building to notify anyone entering such building that a pesticide is being applied. If such pesticide or pesticides are applied on a regular basis or according to a schedule, such notice may be permanently displayed and shall include the days or dates on which such pesticide or pesticides are usually applied. If the pesticide or pesticides are not applied on a regular basis or according to a schedule or if the pesticides are applied on a day or date other than the day or date contained on a permanently displayed notice, such notice shall be posted before the application of any pesticide and shall remain posted for 24 hours following the application. Such notice shall include a notice of the location and hours during which any person may obtain information concerning the pesticides applied or to be applied and inspect and copy the material safety data sheet. Any such notice shall also include one or more telephone numbers for the building operator at which emergency information concerning the pesticides applied may be obtained at any time during the day or night and on any day of the year. It shall be the duty of the building operator to make available, upon request and within a reasonable period of time of said request, the name of any pesticide used and a copy of the appropriate material safety data sheet. If the pesticide is to be applied by a commercial applicator, a certified operator as defined in Code Section 43-45-2, or a pesticide contractor, it shall be the duty of such applicator or contractor to provide material safety data sheets to the building operator at the time the contract for service is entered or renewed. If any additional pesticides are used after the contract for service is entered, the additional material safety data sheets shall be provided to the building operator. A building operator shall retain for five years all material safety data sheets and other documents furnished pursuant to the preceding sentence. A building operator shall retain statements of information for two years as required by the rules and regulations required by Chapter 45 of Title 43, known as the “Structural Pest Control Act.”
3. Any person violating this Code section shall be guilty of a misdemeanor, provided that the penalty for a first offense shall be a fine not to exceed $100.00.

History. Code 1981, § 8-7-1 , enacted by Ga. L. 1996, p. 679, § 1.