Chapter 110-1 Administration

Subject 110-1-1 Organization

Ga. Comp. R. & Regs. r. 110-1-1-.01 The History of the Department of Community Affairs

(1) The Department of Community Affairs was created by a General Act of the General Assembly entitled the "Georgia Department of Community Affairs Act" No. 233, Georgia Laws 1977, as amended.

(2) The Department was created to meet the need of fulfilling the State's responsibilities to local governments and to promote and protect the institution of general purpose local government in the State.

(3) The Department's policy and direction is governed by the Board of Community Affairs. The Board consists of nine members appointed by the Governor for three-year terms and selected by him from nominees of the Georgia Municipal Association and the Association County Commissioners of Georgia. The Governor selects three from each and three at large. The Board meets monthly to conduct the business of the Department.

History

• Authority: Ga. L. 1977, Act No. 233
• History. Original Rule entitled "The of the Department of Community Affairs" was filed on May 24, 1979, as Rule 110-1-.01; effective June 13, 1979.
• Amended: Rule repealed and Rule 110-1-1-.01, of the same title, adopted. Filed April 6, 1983; effective April 26, 1983.

Ga. Comp. R. & Regs. r. 110-1-1-.02 The Organization of the Department of Community Affairs

(1) The executive office is composed of the Commissioner and his staff and is responsible for staff services to the Board of Community Affairs as well as executing the Board's policy through the various Divisions of the Department.

(2) The Administrative Division provides budgeting, bookkeeping, and personnel staff services for the Department.

(3) The Community and Economic Development Division is responsible for assisting and supporting the state's cities and counties in their efforts to improve the physical economic and environmental aspects of their communities. The division also administers the Federal Community Development Block Grant Program for Non-Entitlement areas and the Federal Appalachian Regional Commission Program. Additionally, the division administers the Governor's All Star Cities Project Competition and Certified Cities Programs as well as the Georgia Clean and Beautiful Program. The division offers technical assistance to communities involved in downtown development and revitalization, commercial and industrial development, financial packaging, and agribusiness development.

(4) The Intergovernmental Assistance Division is responsible for conducting policy analysis and research in matters affecting local governments. It maintains a local government library, a computerized local government data base and it maintains and operates the State Cartographic Center. The division prepares and distributes technical reports on such diverse subjects as census information, joint city/county services, mandated costs, taxation, and finance issues. It is responsible for preparing the biennial "State Development Profile," and the annual "Report on Local Government Finances". The division is responsible for providing technical assistance to all local governments in the areas of housing, planning and zoning, and disaster preparedness.

(5) The Technical Assistance Division is responsible for advice and field assistance to local governments in the areas of fiscal administration, personnel administration, public works, building codes and safety, and criminal justice. The division also administers the State's Industrialized Building Program and the Federal Juvenile Justice and Delinquency Prevention Program. Working directly with local governments to help them solve local administrative and operating problems is the principal mission of this division.

History

• Authority: Ga. L. 1977 pp. 381-384; Ga. L. 1980, p. 1316; Ga. L. 1982, pp. 2310, 2311
• History. Original Rule entitled "The Organization of the Department of Community Affairs" was filed on May 24, 1979, as Rule 110-1-02; effective June 13, 1979.
• Amended: Rule repealed and Rule 110-1-1-.02, of the same title, adopted. Filed April 6, 1983; effective April 26, 1983.

Subject 110-1-2 Executive Division

Ga. Comp. R. & Regs. r. 110-1-2-.01 Authority for Reimbursement

Pursuant to Article 2 of Chapter 11 of Title 17 of the O.C.G.A., these rules provide a procedure for fiscal relief for counties experiencing costs in excess of five percent of their adjusted annual revenues for the prosecution of one or more capital felony cases.

(a) A capital felony case is a criminal case in Superior Court for which the law authorizes the death penalty.

(b) The responsibility for the costs must have been assumed and have been paid by the county before the county is eligible for reimbursement under these rules.

History

• Authority: Ga. L. 1979, Act No. 111; O.C.G.A. 17-11-21et seq
• History. Original Rule entitled "Authority for Reimbursement" was filed on May 24, 1979 as Rule 110-2-.01; effective June 13, 1979.
• Amended: Rule renumbered as 110-1-2-.01 and subparagraph (a) amended. Filed April 6, 1983; effective April 26, 1983.
• Repealed: New Rule of same title adopted. F. Aug. 14, 1989; eff. Sept. 3, 1989.

Ga. Comp. R. & Regs. r. 110-1-2-.02 Reimbursement Method

The Clerk of the Superior Court of an eligible county shall submit a Statement of Expenses, attested to by the Chief Executive Officer of the county, to the Commissioner of Community Affairs in order to apply for reimbursement for eligible capital felony costs incurred during the previous calendar year.

(a)

The Statement of Expenses shall include those items requested by the Department as well as the following information, including any other information the Clerk of Superior Court may wish to add:

1. the county name, address and telephone number;

2. Superior Court, case name and number;

3. presiding judge;

4. the defendant(s), if not listed in the name of the case.

(b)

The Statement of Expenses shall also include the costs related to the following activities:

1. incarceration of the defendant(s) from apprehension to conviction or release;

2. the charging by the Grand Jury;

3. preliminary hearing(s);

4. impanelling the jury;

5. expenses of witnesses;

6. transcripts;

7. court-appointed attorneys;

8. overtime of county employees directly resulting from case (specify number of hours and amount paid each);

9. part-time additional employees needed in conjunction with the case;

10. changes of venue;

11. other costs (each item listed separately) that the county deems appropriate.

(c) For each item of cost listed, the date of payment shall be noted. Any cost of an unusual nature must be explained fully.

(d) A total of items (b)1. through (b)11. shall be calculated.

(e)

From (d) deduct the sum of the following:

1. The normal salaries, compensation and expenses of county officers and employees (if included in (b)1.-11. above); and

2. Expenses reimbursed in accordance with other state law (applicable to the case or cases in the Statement of Expenses) or reimbursed or reimbursable from any other source, public or private; and

3. Any county supplements to normal salaries of state officers or employees (if reported in (b)1.-11. above); and

4. Five percent of the total of annual adjusted taxes as determined from the annual financial report relating to the Report of Local Government Finances filed by the county with the Department of Community Affairs pursuant to Code Section 36-81-8 .; and

5. If the result of this calculation is greater than zero and such costs qualify for reimbursement under these rules, such amount is eligible for reimbursement subject to availability of appropriations.

(f) The Department of Community Affairs may examine the records of expense of any county submitting a Statement of Expenses.

History

• Authority: Ga. L. 1979, Act No. 111; O.C.G.A. 17-11-21et seq
• History. Original Rule entitled "The Reimbursement Method" was filed on May 24, 1979, as Rule 110-2-.02; effective June 13, 1979.
• Amended: Rule renumbered as 110-1-2-.02. Filed April 6, 1983; effective April 26, 1983.
• Repealed: New Rule entitled "Reimbursement Method" adopted. F. Aug. 14, 1989; eff. Sept. 3, 1989.

Ga. Comp. R. & Regs. r. 110-1-2-.03 The Schedule of Applications and Payments

Reimbursement payments for eligible capital felony expenses will be made to each county incurring such expenses. The payments will be made during the second quarter of a calendar year for expenses incurred during the immediately preceding calendar year. A reimbursement request must be sent to the Commissioner of Community Affairs postmarked no later than September 30 of such year; provided, however, that if a county is reimbursed during the second quarter of a calendar year and has additional capital felony expenses eligible for reimbursement during the remainder of such calendar year resulting from the same case or cases, payments will be made during the fourth quarter of such calendar year for the additional capital felony expenses eligible for reimbursement. If an applicant is eligible for reimbursement of additional expenses in the fourth calendar quarter pursuant to this rule, a reimbursement request must be sent to the Commissioner of Community Affairs postmarked no later than September 30 of such year.

(a) Reimbursement payments shall be made from funds appropriated for such purpose pursuant to subsection (a) of Code Section 17-11-24 , and no payments are required to be made if funds are not available or have not been appropriated.

(b) In the event eligible reimbursements exceed the amount appropriated, the Commissioner of Community Affairs shall have the right to reduce each request proportionally in order not to exceed the total amount of funds available for reimbursement payments at the time of the requests.

(c) Notwithstanding any other provisions of this Chapter to the contrary during the first payment cycle of a state fiscal year (fourth quarter of a calendar year), not more than one-half of the funds available for reimbursement will be expended for reimbursement purposes.

History

• Authority: Ga. L. 1979, Act No. 111; O.C.G.A. 17-11-21et seq
• History. Original Rule entitled "The Schedule of Application and Payments" was filed on May 24, 1979 as Rule 110-2-.03; effective June 13, 1979.
• Amended: Rule renumbered as 110-1-2-.03. Filed April 6, 1983; effective April 26, 1983.
• Repealed: New Rule of same title adopted. F. Aug. 14, 1989; eff. Sept. 3, 1989.

Subject 110-1-3 REPEALED (110-1-3-.01 thru 110-1-3-.05)

Ga. Comp. R. & Regs. r. 110-1-3-.01 Repealed

History

• Authority: Ga. L. 1982, pp. 1637-1643
• History. Original Rule entitled "Definitions" was filed on April 6, 1983; effective April 26, 1983;
• Amended: Rule repealed. Filed June 20, 1983; effective July 10, 1983.

Ga. Comp. R. & Regs. r. 110-1-3-.02 Repealed

History

• Authority: Ga. L. 1982, pp. 1637-1643
• History. Original Rule entitled "Promulgation of Rules" was filed on April 6, 1983; effective April 26, 1983.
• Amended: Rule repealed. Filed June 20, 1983; effective July 10, 1983.

Ga. Comp. R. & Regs. r. 110-1-3-.03 Repealed

History

• Authority: Ga. L. 1982, pp. 1637-1643
• History. Original Rule entitled "Incorporation of Existing State Rules and Regulations" was filed on April 6, 1983; effective April 26, 1983.
• Amended: Rule repealed. Filed June 20, 1983; effective July 10, 1983.

Ga. Comp. R. & Regs. r. 110-1-3-.04 Repealed

History

• Authority: Ga. L. 1982, pp. 1637-1643
• History. Original Rule entitled "Adoption of Rules" was filed on April 6, 1983; effective April 26, 1983.
• Amended: Rule repealed. Filed June 20, 1983; effective July 10, 1983.

Ga. Comp. R. & Regs. r. 110-1-3-.05 Repealed

History

• Authority: Ga. L. 1982, pp. 1637-1643
• History. Original Rule entitled "Public Hearing Procedures" was filed on April 6, 1983; effective April 26, 1983.
• Amended: Rule repealed. Filed June 20, 1983; effective July 10, 1983.

Chapter 110-2 Industrialized Buildings

Subject 110-2-1 Administration

Ga. Comp. R. & Regs. r. 110-2-1-.01 Scope

The provisions of the rules and regulations provided herein are in implementation of Official Code of Georgia Annotated (O.C.G.A.) Title 8, Chapter 2, Article 2, Part 1 (hereinafter referred to as the "Industrialized Buildings Act") and are intended to provide uniform health and safety standards and inspection procedures for such construction, while preserving and recognizing local government responsibility in regard to utilization of such construction within a community. Rules and regulations provided herein are applicable to all industrialized buildings which are manufactured or re-manufactured for sale or offered for sale within the State of Georgia and all industrialized buildings manufactured in Georgia and installed in other states under reciprocal agreements. The rules apply to all industrialized buildings which are sold or offered for sale or installed in Georgia, regardless of whether or not local construction codes are administered in the areas where the installation takes place. The Legislature has provided that the Industrialized Buildings Act does not apply to manufactured (mobile) homes which are constructed under the requirements of the U.S. Department of Housing and Urban Development (HUD) and bear a HUD Insignia of Approval. These rules become effective July 1, 2018 and supersede all previous Rules of the Commissioner of Community Affairs for Industrialized Buildings.

History

• Authority: O.C.G.A. § 8-2-113
• History. Original Rule entitled "Purpose" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Scope" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.
• Amended: F. Mar. 21, 2018; eff. July 1, 2018, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-1-.02 Provision of Services

The Commissioner, by contract with various parties herein referred to as "agencies," may provide necessary inspection and evaluation services to insure compliance with these rules. The Commissioner may require professional liability insurance, minimum $250,000, or other security to insure faithful performance of these rules.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Applicability" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Provision of Services" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-1-.03 Information Bulletins

The commissioner may issue information bulletins as deemed necessary to clarify, interpret and make specific the various aspects of these rules.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Interpretation" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Information Bulletins" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-1-.04 Insignia Required

No industrialized building shall be sold, offered for sale or installed in the State of Georgia unless it bears an insignia of approval issued by the Commissioner or it has been inspected by the local jurisdiction in accordance with Rule 110-2-4 and Rule 110-2-10.03(2). Industrialized buildings manufactured or re-manufactured in accordance with these rules shall bear the Commissioner's insignia of approval and those buildings not constructed in accordance with these rules shall bear the Commissioner's notice of "manufactured for export from Georgia". Construction site office buildings manufactured in accordance with these rules shall bear the Commissioner's insignia of approval for construction site office buildings.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Legislative Intent" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of the same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule entitled "Insignia Required" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-1-.05 Open Construction Option

Any open construction components of a substantially closed constructed building may, at the option of the manufacturer, be declared closed and thus be subject to the certification of the building system. This option shall only apply where approval of the open components is essential to the installation procedures. All components subject to this option shall be shipped with and be identified as part of the building package.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Open Construction Option" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-1-.06 Field Technical Services

Any person may request field technical services providing such requests are submitted to the Commissioner in writing. The services available are inspection of industrialized buildings or components and installation work for compliance with the approved plans and codes, plan and specification review of industrialized buildings for compliance with the adopted codes and laws. The cost of such services shall be borne by the requesting party at the rates listed in the Schedule of Fees.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Field Technical Services" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-1-.07 Inspection Service for Local Government

The Commissioner, upon request from a local government, which does not have inspection capability, shall provide inspection service for the installation of an industrialized building. The manufacturer shall be charged for such service at a rate required for field technical services (see Rule 110-2-13-.07).

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Inspection Service for Local Government" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-1-.08 Maintenance of Records

All records pertaining to an approved building or component (i.e., applications, quality control manuals, building systems documentation, model plans, inspection reports, disposition reports, insignia applied, etc.) shall be maintained by the manufacturer and third party agency for a minimum period of three years from the date the industrialized building product is shipped from the manufacturing facility.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Maintenance of Records" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Subject 110-2-2 Definitions

Ga. Comp. R. & Regs. r. 110-2-2-.01 General

For the purpose of these rules, the following words shall have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules, but defined in the Georgia State Minimum Standard Construction Codes shall have the meanings as contained in the Georgia State Minimum Standard Construction Codes. Terms not defined in these rules, nor in the Georgia State Minimum Standard Construction Codes, shall have ascribed to them the ordinary accepted meanings such as the context may imply and as defined in the most recent edition of Webster's New Collegiate Dictionary.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "General" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of the same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-2-.02 Definitions

ACT. "Industrialized Buildings Act," Official Code of Georgia Annotated, Title 8, Chapter 2, Article 2, Part 1.

AGENCY:

(1) DESIGN APPROVAL AGENCY. An agency, which is authorized to evaluate and approve specific models and designs.

(2) EVALUATION AGENCY. An organization determined by the Commissioner to be especially qualified to evaluate the manufacturer's quality control procedures, systems, design plans, model plan specifications and engineering data for compliance with these rules and to certify compliance to the Commissioner.

(3) INSPECTION AGENCY. An organization especially qualified by reason of facilities, personnel, experience, and demonstrated reliability, to investigate, test and inspect industrialized building units, systems or the component parts for compliance with the approved plans, specifications, quality control procedures and applicable codes.

(4) THIRD PARTY AGENCY. An evaluation, inspection or design approval agency, or any combination thereof as defined in these rules. APPROVED. Conforming to the requirements of these rules. ASTM. American Society for Testing and Materials. BUILDING SYSTEM. Plans, specifications and documentation for a system of industrialized buildings or for a type or a system of building components, which may include structural, electrical, mechanical and fire protection systems and other building systems affecting health and safety. CLOSED CONSTRUCTION. That condition when any building, component, assembly, subassembly or system is manufactured in such a manner that all portions cannot be readily inspected at the installation site without disassembly, damage to or destruction thereof. COMMISSIONER. The "Commissioner of Community Affairs." COMPONENT. Any assembly, subassembly, or combination of parts for use as an element of a building, which may include structural, electrical, mechanical, and fire protection systems and other systems affecting health and safety. CONSTRUCTION SITE OFFICE BUILDING. An industrialized building designed and used for a construction site office structure having a maximum gross floor area of 400 square feet. CONTAINER. A single rigid, sealed, reusable, metal (corrugated) box in which cargo or freight is shipped by sea vessel, air, truck or rail, that is generally 10, 20, 30 or 40 feet in length by 8 feet wide by 8, 8.5, or 9.5 feet high and is designed and constructed in conformance with International Standards Organization (ISO) standards and International Convention for Safe Containers (ICSC) regulations to withstand normal stresses applied during regular transport. DAMAGE. Damage or breakage occurring to a unit of an industrialized building or any part thereof causing it to not comply with the Quality Control Manuals and these rules. DEALER. Any person, firm or corporation that sells, offers for sale, leases, or distributes industrialized buildings to a person, firm or corporation, or government. DEPARTMENT. The Georgia Department of Community Affairs (DCA). ELECTRONIC MEANS. Without limitation, analog, digital, electronic, magnetic, mechanical, optical, chemical, electromagnetic, electromechanical, electrochemical, or other similar means. See O.C.G.A. Title 10 Chapter 12. ELECTRONIC RECORDS. Information created, transmitted, received, or stored by electronic means and retrievable in human perceivable form. ELECTRONIC SIGNATURE. A signature created, transmitted, received, or stored by electronic means and includes but is not limited to a secure electronic signature. EQUIPMENT. All materials, appliances, devices, fixtures, fittings or accessories installed in or used in the manufacture and assembly of an industrialized building. FIELD TECHNICAL SERVICE. Clarification in the field by the Commissioner or his/her designee of technical data relating to the application of these rules. INDUSTRIALIZED BUILDING. 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. See Rule 110-2-1-.01. INSIGNIA. An approved device or seal issued by the Commissioner to indicate compliance with the standards and rules established herein. INSTALLATION. The assembly of an industrialized building, component or system on site and the process of affixing an industrialized building, component, or system to land, a foundation, footings or an existing building. INSTALLER. Any person, firm or corporation engaged in the activity of installation of industrialized buildings or components.

LOCAL GOVERNMENT. A county or municipality of Georgia.

MANUFACTURE. The process of making, fabricating, constructing, forming or assembling a product from raw, unfinished or semi-finished materials.

MANUFACTURED FOR EXPORT FROM GEORGIA. An industrialized building which has not been inspected for compliance with the standards, codes and laws required by these Rules and cannot be installed in the state of Georgia.

MANUFACTURED (MOBILE) HOME. A structure, transportable in one or more sections, 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 herein. (Reference 42 USC 5402[6] [ 24CFR 3280.2(a)(16)] and the Official Code of Georgia Annotated 8-2-131[2].)

MODEL. A specific design of an industrialized building, which is based on size, room arrangement, method of construction, location, arrangement or size of plumbing, mechanical, or electrical equipment and systems therein in accordance with plans submitted to the Commissioner.

OPEN CONSTRUCTION. Any building, building component, assembly or system manufactured in such a manner that all parts or processes of manufacture can be readily inspected at the installation site without disassembly, damage to, or destruction thereof.

ORGANIZATION. A corporation, association, partnership, political subdivision or private person(s).

RE-MANUFACTURE. The manufacture of an industrialized building into a rehabilitated building, causing the building to come into substantial compliance with the current construction codes and laws.

RESIDENTIAL INDUSTRIALIZED BUILDING. An industrialized building that is a 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 shall not contain a permanent metal chassis and shall be affixed to 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.

SHIPPING CONTAINER BUILDING MODULE. A new or used container which has been inspected, tested and certified by an approved third party agency in accordance with approved quality control and inspection protocols.

SITE. The entire tract, subdivision, or parcel of land on which the industrialized building is installed.

STANDARD DESIGN. Any building, system, model, series, or component intended for duplication or repetitive manufacture.

SYSTEM. An entity of materials or components interrelated or joined together to form all or part of a structural, plumbing, mechanical, electrical, thermal efficiency, or fire safety element of an industrialized building.

SYSTEM RECOGNITION. System approved by the Commissioner.

TINY HOUSE. A residential industrialized building dwelling unit that is 400 square feet or less in floor area, excluding lofts.

History

• Authority: O.C.G.A. § 8-2-113
• History. Original Rule entitled "Definitions" adopted. F. June 20, 1983; eff. July 10, 1983.
• Amended: F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Amended: F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.
• Amended: F. Mar. 21, 2018; eff. July 1, 2018, as specified by the Agency.

Subject 110-2-3 Adoption of Codes

Ga. Comp. R. & Regs. r. 110-2-3-.01 Meaning of Terms

For the purpose of implementing these rules, where reference is made in these codes to "Building Official," "Administrative Authority," "Enforcement Official," or other similar reference, it shall mean the Commissioner or his/her designated representative.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Interpretation of Law" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Meaning of Terms" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-3-.02 Code Adoption

In order to provide uniformity in the construction of industrialized buildings, the following construction codes are adopted by reference and shall govern the design, fabrication and construction of industrialized buildings. All editions shall be the latest edition as adopted by the Department of Community Affairs (DCA) with the approval of the Board of Community Affairs (Board), unless otherwise stated herein. Where, in any specific case, different sections of the Code(s) specify different materials, methods of construction or other requirement, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(1) Georgia State Minimum Standard Building Code, as adopted by the department and approved by the Board including: Appendix A (Weights of Building Materials), Appendix G (Adobe Construction), Excluding Chapter 1. Revise Chapter 1207.2 by adding an exception,"The ceiling height of a construction site office building shall not be less than 7 ft. (2181 mm) measured to the lowest projection from the ceiling."

(2) Georgia State Minimum Standard Plumbing Code, as adopted by the Department and approved by the Board including requirements pertaining to: Rates of Rainfall for Various Cities; Degree- Day and Design Temperatures for Cities in the United States; and Sizing of Water Piping Systems, excluding Chapter 1.

(3) Georgia State Minimum Standard Electrical Code, as adopted by the Department and approved by the Board.

(4) Georgia State Minimum Standard Mechanical Code, as adopted by the Department and approved by the Board, excluding Chapter 1.

(5) Georgia State Minimum Standard Gas Code, as adopted by the Department and approved by the Board, excluding Chapter 1.

(6) Georgia State Energy Code for Buildings, as adopted by the Department and approved by the board.

(7) State Minimum Fire Safety Standards, as adopted by the Safety Fire Commissioner.

(8) Georgia State Minimum Standard One and Two Family Dwelling Code, as adopted by the Department and approved by the Board, excluding Chapter 1.

(9) Georgia State Minimum Standard Fire Preventiion Code, as adopted by the Department and approved by the Board, excluding Chapter 1.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Required" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Code Adoption" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-3-.03 Code Remedial

The codes listed in Rule 110-2-3-.02 are hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof - which are public safety, health, and general welfare - through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards attributed to the built environment including alteration, repair, removal, demolition, use and occupancy of buildings, structures, or premises, and by regulating the installation and maintenance of all electrical, gas, mechanical and plumbing systems, which may be referred to as service systems.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Provision of Services" adopted. F. June 20, 1983; eff. July 10, 1983. Repealed: New Rule entitled "Code Election" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000. Repealed: New Rule entitled "Code Remedial" adopted. F. Mar. 4, 2003; eff. April 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-3-.04 Applicability

Where, in any specific case, different sections of the code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Filing Required" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Code Remedial" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule entitled "Applicability" adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-3-.05 Appendices

To be enforceable, the appendices included in the technical codes must be referenced in the code text or specifically included herein.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Acceptance of Submittals" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Applicability" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule entitled "Appendices" adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-3-.06 Alternate Materials and Methods

The provisions of the technical codes are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided any such alternate has been reviewed by the Commissioner. The Commissioner shall approve any such alternate, provided the Commissioner finds that the alternate for the purpose intended is at least the equivalent of that prescribed in the technical codes in quality, strength, effectiveness, fire resistance, durability and safety. The Commissioner shall required that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Field Technical Services" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Appendices" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule entitled "Alternate Materials and Methods" adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-3-.07 Requirements Not Covered by Code

Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by the technical codes, shall be determined by the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Administration" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Alternate Materials and Methods" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule entitled "Requirements Not Covered by Code" adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-3-.08 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Information Bulletins" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Requirements not Covered by Code" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-3-.09 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Advisory Committee" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-3-.10 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Enforcement" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-3-.11 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Issuance of Insignia" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-3-.12 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Agency Employment Qualifications" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-3-.13 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Training Programs" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-3-.14 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Open Construction Option" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-3-.15 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Injunctive Relief" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-3-.16 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Inspection Service" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule, same title, adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-3-.17 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Maintenance of Records" adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Subject 110-2-4 Local Authority

Ga. Comp. R. & Regs. r. 110-2-4-.01 Authority Reserved

It is the intent of the Industrialized Buildings Act of 1982 and these rules that those areas of authority rightfully belonging to the local government are specifically and entirely reserved thereto. Such areas of county and municipal authority include, but are not limited to local land-use and zoning, local fire zones, site development, building setback, side and rear yard requirements, property line requirements, subdivision regulations, subdivision control, review and regulation of architectural and aesthetic requirements, foundation design, and utility connections. These authorities 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. Such local requirements and regulations not in conflict with the provisions of the Act, which currently exist or may be enacted which relate to transportation, erection, and use, must be reasonable and uniformly applied and enforced without distinction as to whether such building is manufactured offsite or built onsite in a conventional manner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Code Adoption" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of the same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule of same title adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: New Rule of same title adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: New Rule entitled "Authority Reserved" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-4-.02 Building Permits Required

Building permits for the installation of industrialized buildings shall be issued by the local governments which shall require permit fees only for those inspections actually performed. Such fees shall not exceed the amount charged for similar inspections and/or permits on conventionally built structures.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Latest Edition" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Meaning of Terms" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule entitled "Code Election" adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: New Rule of same title adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: New Rule entitled "Building Permits Required" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-4-.03 Compliance with Local Requirements

All industrialized buildings and residential industrialized buildings bearing an insignia of approval issued by the Commissioner pursuant to these rules shall be deemed to comply with the state minimum standard codes and all ordinances and regulations enacted by any local government which are applicable to the manufacture and installation of such buildings. The determination by the Commissioner of the scope of such approval is final.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Meaning of Terms" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Installations" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule entitled "Meaning of Terms" adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: New Rule entitled "Compliance with Local Requirements" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-4-.04 Local Government Inspection of Industrialized Buildings

Installation work, service connections, and foundations accomplished at the installation site shall be regulated by the local governing authority.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Installations" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Local Authority" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule entitled "Installations" adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: New Rule entitled "Local Government Inspection of Industrialized Buildings" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-4-.05 Document Requirement

The local government shall furthermore be reserved the authority to:

(1) require a set of design plans necessary to show compliance with zoning and utility connection requirements, installation procedures and approval letter as certified by the Commissioner for each installation of any unit on a building site; and

(2) require that all permits be obtained before installation of any unit on a building site; and

(3) require that all industrialized buildings bear the Commissioner's insignia of approval before installation.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Local Authority" adopted. F. June 20, 1983; eff. July 10, 1983.
• Amended: Rule repealed. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule entitled "Local Authority" adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: New Rule entitled "Document Requirement" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-4-.06 Reporting Violations and Damage

The local government shall report any violation of these rules or damage received after manufacture to the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Reporting Violations and Damage" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-4-.07 Residential industrialized building

History

• Authority: O.C.G.A. Sec. 8-2-.113
• History. Original Rule entitled "Residential Industrialized Building" adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.

Subject 110-2-5 Agency Requirements

Ga. Comp. R. & Regs. r. 110-2-5-.01 Approval Required

An agency must be approved by the commissioner for the specific type of functions to be performed. Limitations on the scope of services may be included in the agency's contract with the commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Authority Reserved" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Approval Required" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-5-.02 Application Required

The commissioner shall consider an organization for approval upon receipt of an application accompanied by appropriate fees and a prospectus detailing its capabilities to act on behalf of the commissioner, along with the following information:

(1) qualifications of its employees who perform the services outlined in its application. All engineers and/or architects shall be registered in the state of Georgia;

(2) an affidavit, signed by the principal officer of the organization/ agency, that its officers, staff or organization are not under the control or jurisdiction of any industrialized building manufacturer or supplier, either affiliate or parent corporation thereof; that it will notify the commissioner at least ninety (90) days prior to the effective date of coming under any such control. Contracts for professional services of similar or identical nature shall not prohibit the commissioner's acceptance of the applicant's qualifications; and,

(3) other specific information as required by the commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Document Requirement" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Application Required" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-5-.03 Approval Expiration

Agency approvals shall expire twelve (12) months after the date of the commissioner's approval. The Agency shall apply for "Approval Renewal," accompanied by current information regarding engineer and/or architect and personnel qualifications and the appropriate fee, prior to the expiration date. Renewal requests received after the expiration date shall be as for a new application.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Report Violations" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Approval Expiration" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-5-.04 Inspection Agency Approval Requirements

An organization applying for approval as an Inspection Agency shall:

(1) Submit an application on a form provided by the commissioner.

(2) Submit a prospectus detailing its qualifications to inspect and test systems, components and equipment.

(3) Comply with the personnel qualifications of ASTM Standard E-541-10 (12 -15) to establish minimum personnel qualification requirements.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Installation Inspection" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Inspection Agency Approval Requirements" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-5-.05 Evaluation Agency Approval Requirements

An organization applying for approval as an Evaluation Agency shall:

(1) Submit an application on a form provided by the commissioner.

(2) Submit a prospectus detailing its qualifications to evaluate quality control procedures, system designs, design plans, model plans and engineering data.

(3) Certify that it has on its staff a construction oriented professional architect and/or engineer, registered in the state of Georgia, who will be responsible for certifying compliance with these rules.

(4) Comply with the personnel qualifications of ASTM Standard E-541-10 (7-10) to establish minimum personnel qualification requirements.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Report Damage" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Evaluation Agency Approval Requirements" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-5-.06 Design Approval Agency Requirements

The commissioner shall consider an approved evaluation agency for approval as a design approval agency upon request, providing:

(1) The requesting agency has submitted to the commissioner not less than three different sets of acceptable manufacturer model plans.

(2) The request is accompanied by a letter (bearing notarized signatures) stating that the agency will accept full responsibility for codes compliance of any plans or changes thereto which it approves.

(3) A listing of personnel is provided showing compliance with the qualification requirements of ASTM Standard E-541-10 (7-9).

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Compliance with Local Requirements" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Design Approval Agency Requirements" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-5-.07 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Building Permits Required" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Subject 110-2-6 Agency Responsibility

Ga. Comp. R. & Regs. r. 110-2-6-.01 Cause for Revocation

Failure on the part of an agency to fulfill its responsibilities as provided by contract with the Commissioner or to fail to notify the Commissioner of violations of these rules or variations from the approved plans shall be cause for revocation of the agency's contract with the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Approval Required" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Cause for Revocation" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-6-.02 Inspection Agency Responsibilities

(See Rules 110-2-6-.03, 110-2-6-.04 and 110-2-6-.05.)

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Application Required" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Inspection Agency Responsibilities" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-6-.03 In-Plant Inspections of Manufacturing Facilities and Products

The approved inspection agency shall conduct a thorough inspection of all manufacturing facilities prior to the submission of the application of a manufacturer applying for state approval. The results of this inspection shall be reported to the Department along with the initial application for approval. Thereafter, the agency shall conduct announced and unannounced inspections at the manufacturing site to review any or all aspects of the manufacturer's production and quality control procedures. Changes in the manufacturer's quality control or responsible personnel shall be promptly reported to the Commissioner. The inspection agency shall make a complete inspection of at least one unit through all the operations of manufacture to assure that the manufacturer has the capabilities to produce units in compliance with their approved design and/or the appropriate codes. Thereafter, to determine if the inplant quality control program is working as set forth in manufacturer's approved quality control manual, inspection of every visible aspect of every building or component shall be made at least at one point during the manufacturing process.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Information Requirements" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "In-plant Inspections of New Industrialized Buildings and Components" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule entitled "In-Plant Inspections of Manufacturing Facilities and Products" adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-6-.04 Existing Industrialized Building Certification Inspection

The approved inspection agency shall make inspections of existing industrialized buildings which have been submitted to the Commissioner for certification. The inspection shall be made to assure compliance with the approved plans. The inspection agency shall report to the Commissioner the results of the inspection.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Approval Expiration" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Existing Industrialized Building Certification Inspection" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-6-.05 Violations to Be Reported

An inspection agency shall conduct inspections at the manufacturing plant or re-manufacturing site to determine compliance with the approved plans, specifications, quality control manual and applicable codes. Violation of any of the provisions of these rules or variations from the approved plans shall be cause for revocation of the plan approval and shall be reported to the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Currently Approved Agencies" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Design Approval Agency Requirements" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule entitled "Violations to Be Reported" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-6-.06 Evaluation Agency Responsibilities

An evaluation agency shall discharge the following responsibilities:

(1) perform investigations, evaluations, testing and approval of applications, building systems, quality control and model plan documentation, and all amendments thereto,

(2) the agency shall affix an approval stamp, electronically, on all approved plans and table of contents sheets of all manuals,

(3) the architect or engineer of the agency shall affix his/her signature to the application, in the space provided, which indicates compliance of all documents with these rules, and submit all documents to the Commissioner for review. The seal of an architect and/ or engineer shall be by electronic means unless otherwise prohibited by law or regulation.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Design Approval Agency Requirements" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Design Approval Agency Authority" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule entitled "Evaluation Agency Responsibilities" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-6-.07 Agency Approval Stamp

(1)

The agency approval stamp for model plans (which shall be placed on at least the floor plan of each model set) shall include, as a minimum, the following information:

(a) name of the agency,

(b) building construction classification,

(c) building occupancy classification,

(d) the designed wind velocity stated in miles per hour,

(e) fire rating of the exterior walls,

(f) the designed floor live load,

(g) the Seismic Design Category,

(h) the date on which the agency approved the plans.

(2) The agency approval stamp for all other documentation may be the corporate seal, the agency engineer's seal or other stamps as adopted by the agency which shows the agency's approval of documentation. The stamp must also show the name of the agency and the date the agency approved the documentation.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Design Approval Agency Authority" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Amended: New Rule entitled "Agency Approval Stamp" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-6-.08 Design Approval Agency Authority

In addition to the responsibilities of an evaluation agency, a design approval agency is authorized to issue final approval of model plans which are based on building system documentation which has received prior approval by the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Design Approval Agency Authority" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Subject 110-2-7 Manufacturer Requirements

Ga. Comp. R. & Regs. r. 110-2-7-.01 Ownership Change

When there is a change of ownership or a controlling interest in ownership of a manufacturing business in industrialized building units or components thereof, the new owner shall notify the commissioner of such change within ten (10) days after such change has taken place. To eliminate a new plan application and filing fees, the new owner must submit a statement in written form and notarized by a notary public that he will continue to manufacture in accordance with previously approved plans and quality control manual procedures.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Functions" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Ownership Change" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-7-.02 Change of Name or Address

In the event of a change in the name or address of any manufacturer, the manufacturer shall so notify the commissioner in writing within ten (10) days.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Plan Approval Required" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Change of Name or Address" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-7-.03 Discontinuance of Manufacture

When a manufacturer discontinues production, the manufacturer shall, within ten (10) days, advise the commissioner of the date of such discontinuance and return all Georgia insignia in its possession to the commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Violations to Be Reported" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Discontinuance of Manufacture" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-7-.04 Manufacturing Site Certification

Prior to commencement of manufacturing operations, the manufacturer's plant shall have had a certification inspection, by an approved inspection agency, to verify that procedures, personnel and equipment are ready for operations.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Cause for Revocation" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Manufacturing Site Certification" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-7-.05 Manufacturing in More than One Location

If the manufacturer plans to produce at more than one location, building system plan approval may be obtained at the time of filing subject to submission of an additional set of plans, specifications and quality control procedures for each manufacturing site. If, subsequent to building system approval, the manufacturer wishes to obtain approval for additional locations of manufacture, application shall be made to the commissioner prior to start of production at such locations.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Evaluation Agency Responsibilities" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Manufacturing in More than One Location" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-7-.06 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Agency Approval Stamp" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Subject 110-2-8 Building System, Model Plan and Installation Requirements

Ga. Comp. R. & Regs. r. 110-2-8-.01 General

A final building system approval shall be issued from the Commissioner for each industrialized building which bears an insignia of approval and is subject to these rules.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "In-plant Inspections" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "General" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.02 Filing Required

All building systems, component design plans and model design plans and changes shall be filed with the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Individual Unit Inspections" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Filing Required" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.03 Acceptance of Submittal

Plans and building system submittals are accepted for approval upon the recommendation of an approved evaluation agency and are subject to review as deemed necessary by the Commissioner. Model plans and component plans may be approved by a Design Approval Agency with one copy submitted to the Department for filing for record.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Acceptance of Submittal" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.04 Submissions, Number Required

All submittals to the Commissioner shall be by electronic means or as required by the Commissioner, and shall be made through the manufacturer's evaluation agency. Additional copies of plans and/or data shall be supplied upon request. All submittals shall include a completed application on forms obtainable from the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Submissions, Number Required" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.05 Building System Approval Application

Application to the Commissioner for building system approval shall include:

(1) A minimum of one electronic set of documentation prepared by an architect or engineer licensed to practice in the state of Georgia, except as exempted by law, quality control manuals, calculations and any required test results for each system to be approved. The manufacturer's evaluation agency shall approve or disapprove the manufacturer's submittal and, if the submittal is approved, shall affix a stamp authorized by the Commissioner on each plan print and the table of contents of the supporting data in manual form. The table of contents or index shall identify each sheet contained in the manual by sheet number and date. The seal of an architect and/or engineer shall be by electronic means unless otherwise prohibited by law or regulation; and

(2) Specifications of all materials, equipment and devices to be used,

(3) Specifications and typical details for methods of incorporating materials, equipment and devices into a building,

(4) Calculations and/or tests required to substantiate the system design or any variance from the prescriptive requirements of the codes,

(5) Typical details in sufficient clarity to show compliance with the codes. Such information shall be specific, and the codes shall not be cited as a whole or in part, nor shall the term "approved" or its equivalent be used as a substitute for specific information.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Building System Approval Application" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.06 Model Plan Requirements

(1) Effective January 1, 2011, all model plan submittals shall be by electronic means.

(2) Model plan submittal shall consist of: elevations, cross section(s), architectural, electrical, plumbing, and heating/air conditioning floor plans and foundation plans for the particular model.

(3) All plans shall be drawn to scale and the scale ratio indicated. A scale bar shall be shown on the plan sheet(s).

(4) The model plans shall contain information, in the form of notes or details, as to the quality of materials and the method of construction or shall reference specific de-tails or other documents contained in the building system documentation which apply and are essential for determining compliance with the codes. The floor plans shall show the designed use for all areas of the building.

(5)

All plans shall contain a title block which shall indicate the:

1. Manufacturer's name and address

2. Sheet title and number

3. Model, job, or plan number

4. Date the drawing was completed

5. Dates of all revisions

6. Name of the designer

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Model Plan Requirements" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.07 Calculation and Test Procedures

Where it is necessary to substantiate any structural design or method of construction, calculations and supporting data, signed by a Georgia licensed architect or professional engineer, shall be submitted to the Commissioner. The load bearing capacity of elements or assemblies may be established either by calculations in accordance with generally established principles of engineering design, or by physical tests acceptable to the Commissioner. When the composition of configuration of elements, assemblies or details of structural members are such that calculations of their safe load-carrying capacity, basic structural integrity or fire resistance cannot be accurately determined in accordance with generally established principles of engineering design, such structural properties or fire resistance of such members of assemblies may be established by the results of tests acceptable to the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Calculation and Test Procedures" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.08 Building System Approval Expiration

Building system approvals shall expire twelve (12) months after the date of approval by the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Building System Approval Expiration" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.09 Renewal

Building system and model design plans may be renewed prior to the expiration date by submission of building system approval renewal form obtainable from the Commissioner. Applications for renewal shall be submitted with the appropriate renewal fees as designated in the fee schedule of these rules. After the expiration date, applications for approval of building systems, and models previously approved shall be processed as new applications. Renewal is granted only when the plans for the designated model design meet the requirements of these rules. A building system approval renewal shall be made only for a system identical to the one which had prior approval by the Commissioner, except the plans shall be updated to comply with the then current construction codes.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Renewal" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.10 Revocation of Approval

Revocation of a building system approval shall occur upon the failure of the manufacturer to comply with the provisions of these rules. Nothing herein shall be construed to prohibit a manufacturer from submitting, for a new approval, a system for which approval has been revoked as provided in these rules.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Revocation of Approval" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.11 Non-Conforming Application

Should the application submittal not conform to the requirements of these rules, the applicant and his evaluation agency shall be notified in writing. If corrections have not been received by the Commissioner within ninety (90) days of such notice, the application will be deemed abandoned and filing fees shall be non-refundable. Subsequent submission shall be as for a new application.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Non-conforming Application" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.12 Evidence of Commissioners Approval

Plans and specifications approved by the Commissioner shall be accompanied by an approval letter issued by the Commissioner, and a stamp of approval shall be placed on each plan print and on the table of contents sheet of each manual. An approved copy of the plans and specifications shall be returned to the manufacturer with an approval letter indicating any necessary limitations. A copy of the approved documents shall be available for inspection at each place of manufacture.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Evidence of Commissioner's Approval" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.13 Transportation of Industrialized Buildings

The method of and manner of transporting units to storage areas and the installation site and the method of placing or storing units on site must be specified. Calculations or tests to show that the unit will perform under transportation stresses must be included. Movement over the road to the installation site without damage is an acceptable test.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Transportation of Industrialized Buildings" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.14 Installation Procedures

The manufacturer shall compile a document labeled "Installation Procedures" which shall contain the necessary instructions needed to prepare the building for occupancy. The Installation Procedures shall list those items to be inspected or installed at the installation site and show in detail methods of placing each unit on site without functional damage. These designs shall include but not be limited to lift point designation(s), jacking points and stresses. Installation of industrialized buildings shall comply with the codes specified herein. A minimum of two (2) sets of Installation Procedures shall accompany each building or component when it leaves the manufacturing or re-manufacturing facility.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Installation Procedures" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.15 Changes to Approved Building System Documentation

Where the manufacturer proposes to change any portion of its system design or if these rules or the state construction codes are amended to necessitate such change, the manufacturer shall be required to submit to the Commissioner a minimum of three (3) sets of supplemental documentation. Documentation shall be accompanied by an application form, obtainable from the Commissioner, and the appropriate fee pursuant to the fee schedule of these rules. If the Commissioner determines that the supplemental documentation does not constitute a change to the existing approval, the supplements will be filed with, and become a part of the existing approval of recognition.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Changes to Approved Building System Documentation" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-8-.16 Required Changes to Existing Building System Approvals

When amendment of these rules requires changes to an approved building system documentation, the Commissioner shall notify the manufacturer of such rule changes, and shall allow the manufacturer ninety (90) days from the date of such notification, or such additional time as the Commissioner shall deem reasonable, in which to submit revised documents for approval. Revised documents submitted pursuant to this section shall be processed as supplemental.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Required Changes to Existing Building System Approvals" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Subject 110-2-9 Quality Control Requirements for Manufacturing Facilities

Ga. Comp. R. & Regs. r. 110-2-9-.01 Procedures

Quality control procedures shall be established by the manufacturer and documented in manual form. After review by an approved evaluation agency, the procedures shall be approved by the Commissioner. The manufacturer will have a written agreement with an approved evaluation agency concerning the quality control procedures which it shall institute in its manufacturing facilities. A copy of the agreement shall be filed with the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "General" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule entitled "Procedures" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-9-.02 Manual Content

The manual shall include quality control procedures of the overall program, such as method and sequence of construction, compliance of basic materials with specifications, method of test, frequency of inspections; administrative procedures and samples of quality control forms to be used, and system description for retention of quality control records. The manual shall also include a resume of the experience and education of all supervisory personnel involved in quality control of the units. The manual shall contain a table of contents with page revision dates listed. Quality control manuals shall be submitted in an electronic format.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Submissions, Number Required" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule of same title adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: New Rule entitled "Manual Content" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-9-.03 Changes to the Quality Control Program

Where the manufacturer proposes changes in the Quality Control Manual or procedures, a minimum of one copy of current manuals are in electronic format, of such changes shall be submitted through its evaluation agency for approval by the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Building System Approval Application" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule of same title adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: New Rule entitled "Changes to the Quality Control Program" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-9-.04 Employee Designation

The manufacturer shall designate an individual to be responsible for the quality control program in each plant who shall maintain records to substantiate that each unit has been inspected in accordance with the approved Quality Control Manual and complies with the plans as approved by the Commissioner. The Commissioner shall be notified in writing within ten (10) working days of any change in the designated quality control person.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "System Recognition" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Model Plan Requirements" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule of same title adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: New Rule entitled "Employee Designation" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-9-.05 Waiver of Quality Control Procedures

The quality control procedures set forth in these rules may be waived by the Commissioner at the manufacturer's request. Waiver of the quality control procedures shall require the manufacturer to have each unit he produces individually inspected during all phases of production.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Calculations and Test Procedures" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule entitled "Waiver of Quality Control Procedures" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-9-.06 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Building System Approval Expiration" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-9-.07 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Renewal" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-9-.08 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Revocation of Approval" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-9-.09 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Non-conforming Application" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule, same title, adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-9-.10 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Evidence of Commissioner's Approval" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-9-.11 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Manufacturer's Unit Data Plate" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule of same title adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-9-.12 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Manufacturer's Component Data Plate" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Subject 110-2-10 State Insignia and Data Plate Requirements

Ga. Comp. R. & Regs. r. 110-2-10-.01 Insignia Required

Each new industrialized building, re-manufactured industrialized building, new or modified construction site office industrialized building, industrialized building manufactured for export from Georgia or component containing any portion of a closed system manufactured separately for sale or installation in Georgia or in a state with which Georgia has a reciprocal agreement shall bear an insignia issued by the Commissioner prior to leaving the manufacturing plant or re-manufacturing site, unless otherwise authorized by the Commissioner. Each insignia shall be assigned and affixed to a specific unit. One insignia shall be required for each module of a building or component.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Quality Control Manual (QCM)" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia Required" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.02 Construction Site Office Building Insignia Requirements

(1) Any construction site office building manufactured on or after April 1, 1996 shall bear the insignia of the Commissioner.

(2)

Buildings used as construction site office buildings, regardless of size, and constructed prior to April 1, 1996, modified, rehabilitated or otherwise altered prior to April 1, 2006, shall conform to the following:

(a) Any additions, deletions or modifications performed in or on a construction site office building and which constitutes less than fifty percent (50%) of the value of the system being modified, shall be made in conformance with the codes and rules in effect at the time the work is initiated. Such addition, deletion or modification shall not require an insignia of the Commissioner.

(b) If the value of modifications made to a system, (electrical, mechanical, plumbing, or structural), in or on a construction site office building exceeds fifty percent (50%) or more of the value of the entire system, all portions of the existing system shall be made to comply with the codes and rules then in effect. In addition, such modification shall require inspection by an approved inspection agency and shall bear a separate system insignia for each such system being modified in accordance with Rule 110-2-10-.01 .

(c) A construction site office building used for other than a construction site office building shall be made to comply with the codes and rules approved for the intended use. Said building shall require an insignia as a re-manufactured industrialized building in accordance with Rule 110-2-10-.01 .

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Procedures" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Construction Site Office Building Insignia Requirements" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.03 Insignia Not Required

(1) See Rule 110-2-10-.02 for construction site office building insignia requirements.

(2) If a local jurisdiction inspects a building at the manufacture site for installation within its jurisdiction, that building will not be required to have a Georgia Insignia affixed.

(3)

In order to exempt an industrialized building or component in accordance with (2) above, the manufacturer shall provide:

(a) an inspection report or certification from the local unit of government or state agency performing the inspection for units to be installed in its jurisdiction. The report shall show the model and serial numbers, the address where the building/component is to be in- stalled, construction codes or the standard to which the building/component is constructed, and in the case of inspected units, the name and address of the official performing the inspection,

(b) a certification and such other evidence as required to show that the industrialized building is not subject to regulation.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Submission Required" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia not Required" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.04 Insignia Application

Following the receipt of building system and model design plan approval, the manufacturer shall make application for an insignia as required herein. The application shall be submitted to the Commissioner accompanied by the appropriate insignia fees as required by the fee schedule in these rules. The application shall include the building system approval number of each unit for which an insignia is required.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Employee Designation" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia Application" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.05 Issuance of Insignia

The Commissioner shall issue an Insignia of Approval for industrialized building units and components that have been manufactured after the effective date of these rules. The issuance of insignia shall be conditioned on compliance with these rules by the manufacturer or re-manufacturer, and the findings resulting from the inspections required herein. Insignia shall be applied only after approval by the inspection agency. The attachment of the Georgia Insignia does not relieve the manufacturer of responsibility for compliance with these rules and other applicable laws. The Commissioner does not guarantee the performance of any manufacturer or other agency.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Condition of State Insignia Issuance" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Issuance of Insignia" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.06 Control of Insignia

Insignia control shall remain with the Commissioner; approval for use of the insignia may be revoked by the Commissioner in the event of violation of the conditions of approval. Approval for use of insignia shall be revoked at the moment the manufacturer is without an approved inspection agency.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Authority Reserved" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Control of Insignia" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.07 Permanently Affixed

The insignia shall be affixed permanently to the module. The insignia shall be located in a readily accessible location, such as the electrical panel, a utility area, inside a permanently mounted cabinet or other area as approved by the Commissioner. The insignia shall be located in the vicinity of the data plate or its location shall be identified on the data plate. The insignia location shall be shown on the model plans.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Transportation of Industrialized Building" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Permanently Affixed" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.08 Insignia Disposition Report

The manufacturer shall report to the Commissioner monthly the present disposition of all insignia received. The report shall be submitted on a form acceptable to the Commissioner and indicate the model number (designation), module(s) serial number, state (Georgia and the reciprocal state) insignia number(s), building square footage, agency insignia number(s), date of manufacture, and the name and address of the purchaser of the building (where known, the address where the building is installed).

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Installation" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia Disposition Report" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.09 Insignia Denial

Should inspection reveal that a manufacturer is not manufacturing buildings or components according to plans and the quality control procedures as approved by the Commissioner, and such manufacturer, after having been served with a notice setting forth in what respect the provisions of the plan approval have been violated, continues to manufacturer units in violation of the plan approval, applications for new insignia shall be denied and the insignia previously issued for units in violation of the plan approval shall be confiscated. Upon satisfactory proof of compliance, such manufacturer may resubmit an Application for Insignia.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Installation Procedure Copies" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia Denial" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.10 Removal of Insignia

In the event that any industrialized building bearing the state insignia is found to be in violation of the approved plans, the inspection agency or Commissioner shall remove the insignia on such defective unit and shall furnish the manufacturer, agency, dealer, and installer with a written statement of such violation. The manufacturer shall be required to correct the deficiencies and shall request an inspection to bring the industrialized building into compliance before the Commissioner shall issue a replacement insignia. Refer to Rule 110-2-13-.07 Field Technical Service for charges for inspection.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Removal of Insignia" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.11 Alteration or Conversion

Any unauthorized alteration or conversion made to an approved industrialized building prior to initial installation shall void the approval. The state insignia affixed to the building shall be returned to or be confiscated by the agency or the Commissioner.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Alteration or Conversion" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.12 Manufacturers Component Data Plate

The manufacturer shall install on each component or package of components a data plate which indicates the limiting characteristics and design criteria of such components for determining how they can be installed and utilized within their capabilities.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Manufacturer's Component Data Plate" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-10-.13 Manufacturers Unit Data Plate

The manufacturer shall install on all industrialized building units a data plate, which shall contain but not be limited to the following design information:

(1) Name and address of the manufacturer

(2) Manufacturer's identification (serial) number

(3) Manufacturer's plan designation (model number/name)

(4) State insignia number(s)

(5) Occupancy classification

(6) Fire rating of exterior walls

(7) Construction classification

(8) Maximum snow load (roof live load)

(9) Maximum wind load (velocity)

(10) Seismic design category

(11) Individual thermal resistance value (R-value) of walls, roof/ceiling and floors

(12) Date of manufacture The data plate shall be permanently mounted in a conspicuous location in the utility area or other area as approved by the Commissioner.

History

• Authority: Authority O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Manufacturer's Unit Data Plate" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.

Subject 110-2-11 Certification of Existing Industrialized Buildings-Requirements

Ga. Comp. R. & Regs. r. 110-2-11-.01 Application for Certification

A person, firm or corporation may apply to the commissioner for certification of an existing industrialized building. The request shall be accompanied by plans and specifications and shall state the:

(1) Proposed occupancy class

(2) Construction type

(3) Wind velocity in miles per hour

(4) Floor loads

(5) Roof live loads

(6) Height (in stories)

(7) Fire resistance of exterior walls

(8) Individual thermal resistance value (R-value) of walls, roof/ceiling and floors

(9) Date of original construction, where known

(10) The registration number of any existing insignia

(11) The construction code standards used in the original construction, where known

(12) The unit serial number, where known

(13) All items not in substantial compliance with the current construction codes Plans shall comply with Rule 110-2-8.

History

• Authority: Authority O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Changes to Approved Plans" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Application for Certification" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of the same title adopted. F. Nov. 16, 2010; eff. Jan. 1, 2011, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-11-.02 Building Plans

Building plans may be prepared from measurements and details of the existing building. Plans and specifications shall be evaluated as provided in Rule 110-2-8 for substantial compliance with the laws and current adopted construction codes.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Ownership Change" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Building Plans" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-11-.03 Building Inspection

The building shall be inspected by an approved inspection agency for compliance with the approved plans. The building shall be inspected at a designated remanufacturing site or at a location approved by the commissioner, other than the proposed site of installation. All portions of the building, including concealed spaces, shall be made available for inspection, as requested by the inspection agency. The inspection agency may require inspections to be made during the re-manufacturing process or may require that portions be opened or made accessible.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Change of Name or Address" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Building Inspection" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-11-.04 Current Data Plate

The building shall bear a data plate listing the current information as required by Rule 110-2-10-.12.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Discontinuance of Manufacture" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Current Data Plate" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-11-.05 Inspection Report

The inspection agency shall report in writing to the commissioner whether the building complies with the approved plans. Any and all non-conformance shall also be noted in the report.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Existing Building System Approvals, Resubmission Required" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Inspection Report" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-11-.06 Existing Insignia and Data Plates

All existing state approval insignia and data plates shall be removed from the building by the inspection agency.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Alteration or Conversion" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Existing Insignia and Data Plates" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-11-.07 Insignia Application

Following receipt of inspection approval and the inspection report, the manufacturer shall make application for an insignia for each re-manufactured industrialized building as required by these Rules. The application shall be submitted to the commissioner accompanied by the appropriate insignia fees as required by the fee schedule in these rules.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Application" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-11-.08 Issuance of Certification Insignia

The commissioner shall issue an insignia of approval for re-manufactured industrialized buildings that have been re-manufactured after the effective date of these rules, which are sold, offered for sale or installed in the state of Georgia, with the exception of those which are approved and inspected by a local government, provided they have been approved and inspected and found to be in compliance with these rules. The issuance of insignia shall be conditioned on compliance with these rules by the re-manufacturer, and the findings of the inspections outlined above. A copy of the agency inspection report shall accompany the request. Insignia shall be applied by the inspection agency. The attachment of the Georgia insignia does not relieve the re-manufacturer of responsibility for compliance with these rules and other applicable laws. Control of insignia shall be as required in Rule 110-2-10-.03 through Rule 110-2-10-.09. The commissioner does not guarantee the performance of any re-manufacturer or other agency.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Issuance of Certification Insignia" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Subject 110-2-12 Reciprocity

Ga. Comp. R. & Regs. r. 110-2-12-.01 Reciprocal Agreement

The commissioner may enter into agreement with other states for reciprocal approval of industrialized buildings when the commissioner determines that the standards and the administration of other states' programs are reasonably consistent with those of the Georgia program.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Agreement" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Reciprocal Agreement" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-12-.02 Dividing Fees

Reciprocity agreements may provide for dividing insignia fees between participating states.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Required" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of the same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule entitled "Dividing Fees" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-12-.03 Rights Reserved

The commissioner reserves the right to determine compliance of all units to be sold or installed in Georgia which have been inspected under a reciprocal agreement with another state.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Rights Reserved" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Subject 110-2-13 Schedule of Fees

Ga. Comp. R. & Regs. r. 110-2-13-.01 Building System Fees

The system filing fees for three-dimensional modules that either individually or when joined together form an industrialized building shall be $500. This approval expires two years from the date of the Commissioner's approval. The renewal fee for any system shall be $200 to extend the approval for an additional two year period.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Manufacturing in More Than One Location" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Building System Fees" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.02 Required Revisions

Review of revisions to approved building systems to ensure compliance with newly adopted codes shall be without additional charges except as provided by Rule 110-2-13-.06.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Required Revisions" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.03 Model Plan Fees

The model design plan filing fee for three-dimensional modules that either individually or when joined together form an industrialized building shall be $100. The fee for model design plans filed for record shall be $20 for each model plan.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Model Plan Fees" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.04 Component Fees

The plan and system filing fees for component systems shall be as follows:

(1) Structural Systems $100.00

(2) Electrical Systems 40.00

(3) Plumbing Systems 40.00

(4) HVAC Systems 40.00

(5) Total of All Systems $220.00

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Component Fees" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.05 Agency Review Fee

Review fees for design approval, evaluation or inspection agencies shall be $250 for one classification review, an additional $150 for a second classification review and an additional $100 for a third classification review. Approval will expire 2 years from the last approved date. The renewal fee shall be $75 for each classification renewed.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Agency Review Fee" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.06 Excessive Review

Depending on the complexity and sophistication of the system or model design plan, evaluation costs will be charged at a rate of seventy-five dollars ($75) per work-hour when the time involved exceeds the filing fees listed above.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Excessive Review" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.07 Field Technical Service Fees

Field technical service fees shall be charged at a rate of seventy-five dollars ($75) per work-hour plus transportation and expenses as outlined by Georgia State Travel Regulations. Minimum time is one (1) hour.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Field Technical Service Fees" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.08 Insignia Fee, New and Re-Manufactured Building

The insignia fee for a new industrialized building or re-manufactured industrialized building shall be sixty dollars ($60.00) per insignia.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Fee, New and Re-manufactured Building" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.09 Insignia Fee, Construction Site Office Building

The insignia fee for a new construction site office building shall be forty dollars ($40.00) per insignia. The insignia fee for systems rehabilitated per Rule 110-2-10-.02(3)(2) shall be fifteen dollars ($15.00) for each system rehabilitated.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Fee, Construction Site Office Building" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.10 Insignia Fee, Manufactured for Export from Georgia Industrialized Building

The insignia fee for a new manufactured for export from Georgia industrialized building shall be five dollars ($5.00) per insignia.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Fee, Manufactured for Export from Georgia Industrialized Building" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.11 Insignia Fee, Components

The insignia fee for components shall be determined by either of two optional methods. The option shall be exercised by the manufacturer prior to the issuance of insignia. The optional method chosen shall apply to all components produced in a given factory. The minimum fee per order of component insignia must total ten dollars ($10.00). The options are:

(1) one-third of one percent of the manufacturer's current list price for each component with a minimum insignia fee of one dollar ($1.00), or

(2)

one dollar and seventy-five cents ($1.75) per 100 square feet of floor area or major fraction thereof, based upon the floor plan with the largest floor area produced in the factory, for each of the following sub-systems or portions thereof:

(a) foundation,

(b) floor,

(c) exterior walls,

(d) interior walls,

(e) ceiling and/or roof.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Fee, Components" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.12 Replacement Insignia

The fee for insignia to replace those removed under Section 110-2-10-.09 shall be fifty percent (50%) of that required by Section 110-2-13-.08 through 110-2-13-.11.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Replacement Insignia" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.13 Non-refundable

The above fees are minimum and payable at the time of submittal of the application. All filing and review fees are non-refundable.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Non-refundable" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.
• Repealed: New Rule of same title adopted. F. Mar. 4, 2003; eff. Apr. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-2-13-.14 New Manufacturer and Re-manufacturer Application Fee

Subject 110-2-14 Appeals

Ga. Comp. R. & Regs. r. 110-2-14-.01 Committee Appointment

The commissioner shall appoint an appeals committee which shall consist of three (3) to five (5) members, one (1) of which shall be chosen from the States Codes Advisory Committee and one (1) of which shall be chosen from the Industrialized Buildings Advisory Committee.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Required" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule, same title, adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: New Rule of same title adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: New Rule entitled "Committee Appointment" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-14-.02 Procedures for Initiation

Any person or organization aggrieved by the application of these rules may initiate an appeal by writing to the Appeals Committee, Office of the Commissioner, within thirty (30) days following the date of action on which the appeal is based. The request shall contain:

(1) the name and address of the appellant,

(2) the names and addresses of all other persons likely to be involved,

(3) a summary of the action from which the appeal is taken,

(4) the grounds of disagreement with the action from which the appeal is taken,

(5) a statement that the appellant desires a hearing or decision based on written argument and documents submitted,

(6) the signature of the appellant or responsible officer if the appellant is an organization,

(7) additional documents as the appellant may consider pertinent.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Non-Transferable" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia Not Required" adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: New Rule entitled "Procedures for Initiation" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-14-.03 Call of Meeting

Upon receipt of a request, the commissioner shall call a meeting of the Appeals Committee to be held within forty-five (45) days of the request. The commissioner shall provide written notice of the time, date and place of the hearing to the appellant and all persons indicated in the request.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Control of Insignia" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia, Non-Transferable" adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: New Rule entitled "Call of Meeting" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-14-.04 Evidence

Technical rules of evidence shall not be applicable and all relevant evidence of reasonable value may be received.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Assigned Insignia" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Control of Insignia" adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: New Rule entitled "Evidence" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-14-.05 Ruling

A ruling of the committee shall require a majority vote of the committee members present. A record of the meeting, stating the committee's ruling and reasons therefore, shall be maintained for public review.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Permanently Affixed" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: New Rule entitled "Assigned Insignia" adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: New Rule entitled "Ruling" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-14-.06 Notification of Ruling

The commissioner shall notify the appellant of the ruling within ten (10) days after the final decision of the Appeals Committee.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Application and Issuance" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule of same title adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: New Rule entitled "Permanently Affixed" adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: New Rule entitled "Notification of Ruling" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-14-.07 Appeals of Committee Decision

A final decision of the Appeals Committee may be appealed in the same manner specified in Chapter 13 of Title 50 of the Official Code of Georgia Annotated, to the same courts with the same rights and limitations specified in such chapter.

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Denial" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia Application and Issuance" adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: New Rule entitled "Appeals of Committee Decision" adopted. F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-14-.08 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Removal of Insignia" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia Disposition Report" adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-14-.09 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Denial" adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-14-.10 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Removal of Insignia" adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Subject 110-2-15 REPEALED (110-2-15-.01 thru 110-2-15-.13)

Ga. Comp. R. & Regs. r. 110-2-15-.01 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Modules" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.02 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Component or Core" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule of same title adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New Rule entitled "Component" adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.03 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Nonrefundable" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Renewal" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.04 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Excessive Review" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Agency, Review" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.05 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Renewal" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Required Revisions" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.06 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Field Technical Service" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Nonrefundable" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.07 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Fee, Building" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Excessive Review" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.08 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Fee, Component" adopted. F. June 20, 1983; eff. July 10, 1983.
• Amended: Rule repealed and a new Rule entitled "Field Technical Service" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.09 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Insignia Fee, Core" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia Fee, Building" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Amended: F. July 1, 1988; eff. July 21, 1988.
• Repealed: New Rule of same title adopted. F. Dec. 19, 1989; eff. Jan. 8, 1989.
• Repealed: New Rule of same title adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.10 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Dividing Fees" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia Fee, Component" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: New rule, same title, adopted. F. May 11, 1992; eff. May 31, 1992.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.11 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Agency Review" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Insignia Fee, Core" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.12 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Replacement Insignia" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: New Rule entitled "Dividing Fees" adopted. F. Jan. 29, 1988; eff. Feb. 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-15-.13 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Replacement Insignia" adopted. F. January 29, 1988; eff. February 18, 1988.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Subject 110-2-16 REPEALED (110-2-16-.01 thru 110-2-16-.07)

Ga. Comp. R. & Regs. r. 110-2-16-.01 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Committee Appointment" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-16-.02 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Procedure for Initiation" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-16-.03 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Call of Meeting" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-16-.04 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Evidence" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-16-.05 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Ruling" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-16-.06 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Notification of Ruling" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Ga. Comp. R. & Regs. r. 110-2-16-.07 Repealed

History

• Authority: O.C.G.A. Sec. 8-2-113
• History. Original Rule entitled "Appeal of Committee Decision" adopted. F. June 20, 1983; eff. July 10, 1983.
• Repealed: F. Sept. 25, 2000; eff. Oct. 15, 2000.

Subject 110-2-17 REPEALED (110-2-17-.01 and 110-2-17-.02)

Ga. Comp. R. & Regs. r. 110-2-17-.01 Repealed

History

• Authority: Ga. L. 1982, pp. 1637-1643
• History. Original Rule entitled "Exempt Buildings" was filed on June 20, 1983; effective July 10, 1983.
• Repealed: New Rule of same title adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: F. May 11, 1992; eff. May 31, 1992.

Ga. Comp. R. & Regs. r. 110-2-17-.02 Repealed

History

• Authority: Ga. L. 1982, pp. 1637-1643
• History. Original Rule entitled "Local Government Certification" was filed on June 20, 1983; effective July 10, 1983.
• Repealed: New Rule of same title adopted. F. Dec. 19, 1989; eff. Jan. 8, 1990.
• Repealed: F. May 11, 1992; eff. May 31, 1992.

Chapter 110-3 Office of Coordinated Planning

Subject 110-3-1 Report of Local Government Finances

Ga. Comp. R. & Regs. r. 110-3-1-.01 Purpose

(1) O.C.G.A. 36-81-8 authorizes the Department of Community Affairs to require the submission of an annual report of local government finances from each local government in the state. This report shall include the revenues, expenditures, assets, and debts of all funds and agencies of the local government.

(2) The purpose of this rule is to provide the format of the survey report forms and to establish the due date for submission to the Department of Community Affairs.

History

• Authority: O.C.G.A. Sec. 36-81-8
• History. Original Rule entitled "Purpose" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. Jun. 4, 1993; eff. Jun. 24, 1991.
• Amended: F. Mar. 12, 1996; eff. Apr. 1, 1996.

Ga. Comp. R. & Regs. r. 110-3-1-.02 Report Submittal Rules

(1) The first round of report, mailed no later than April 1 to all governments whose fiscal year ends between July 1 and December 31, must be submitted by the close of business on June 30. The second round of reports, mailed no later than August 20 to all governments whose fiscal year ends between January 1 and June 30, must be submitted by the close of business on November 20.

(2) The report must reflect the revenues, expenditures and bonded indebtedness of the local government's most recently completed fiscal year. This information does not have to be audited but the use of audited data is encouraged if the audit is available.

(3) Within 15 days of the due date of each report, each local government that has failed to submit a report by the due date will be notified in writing of its delinquent status. If a local government does not submit a report within 30 days of the due date, it will be barred from receiving any state appropriated funds through the Department of Community Affairs for 90 days or until such time as the delinquent report is submitted, whichever is longer.

(4) The Commissioner of the Department of Community Affairs may extend the due dates established in 110-3-1-.02(1) if he finds such action in the best interest of the department.

(5) Upon written application by a barred local government, the Commissioner of the Department of Community Affairs may lift the barred status of such local government if he finds extenuating circumstances prevented the submission of the report of local government finances by the established due date.

History

• Authority: O.C.G.A. Sec. 36-81-8
• History. Original Rule entitled "Report Submittal Rule" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. Jun. 4, 1993; eff. Jun. 24, 1993.
• Amended: F. Mar. 12, 1996; eff. Apr. 1, 1996.

Ga. Comp. R. & Regs. r. 110-3-1-.03 Definitions

(1) Local government means any county or municipality authorized under the Constitution and laws of this state.

(2) Fiscal year means the reporting government's most recently completed fiscal year.

(3) Prior fiscal year means the fiscal year immediately preceding the fiscal year being reported.

(4) Revenues mean all funds from all sources that are income to a local government.

(5) Expenditures mean all funds expended, from all sources, by a local government.

(6) Bonded indebtedness means any long-term debt with an original term of more than one year. It includes revenue bonds, special assessment obligations, and general obligation debt issued in the name of particular agencies as well as general obligations of the local government.

History

• Authority: O.C.G.A. Sec. 36-61-8
• History. Original Rule entitled "Definitions" adopted. F. Dec. 10, 1991; eff. Dec. 10, 1991.
• Amended: F. Jun. 4, 1993; eff. Jun. 24, 1993.

Ga. Comp. R. & Regs. r. 110-3-1-.04 Report of Local Government Finances Forms

A form is provided for cities, counties and for consolidated governments, as authorized by O.C.G.A. 36-81-8et seq. Each active local government in the state must complete a report annually and submit it to the Georgia Department of Community Affairs. Attached are copies of the forms for cities, counties and consolidated governments.

History

• Authority: O.C.G.A. Sec. 36-81-8
• History. Original Rule entitled "Report of Local Government Finances Forms" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. Jun. 4, 1993; eff. Jun. 24, 1993.

Subject 110-3-2 Minimum Planning Standards and Procedures for Local Comprehensive Planning

Ga. Comp. R. & Regs. r. 110-3-2-.01 Purpose

(1) General: The rules and regulations provided herein are for the implementation of O.C.G.A. 50-8-1 et seq. and are intended to provide a framework to facilitate and encourage coordinated, comprehensive planning and development at the local, regional and state government levels.

(2)

Applicability:

The rules and regulations provided herein are applicable to all comprehensive plans prepared hereunder, including the minimum standards and procedures that are adopted or promulgated from time to time by the department pursuant to the Administrative Procedure Act.

(a) The rules shall also apply to all other facets of the comprehensive planning process as outlined in the planning act, such as provisions relating to conflict resolution and to the determination of qualified local governments.

(b) The minimum standards and procedures authorized pursuant to O.C.G.A. 50-8-7.1(b) , 50-8-7.2 and 12-2-8 relating to local government comprehensive planning shall become effective on October 1, 1992, at which time the rules that were adopted for this purpose by the Board of Community Affairs and ratified by the Georgia General Assembly at its 1990 session shall stand repealed. Local government compliance with the standards and procedures shall be in accordance with the rules outlined at 110-3-2-.04 and 110-3-2-.06 , but in no event shall the scheduled date for local government compliance be earlier than September 30, 1991.

(3) Legislative Intent: The Legislature has provided that coordinated and comprehensive planning by state government, local governments and regional development centers within the State of Georgia is of vital importance to the state and its residents. The state has an essential public interest in promoting, developing, sustaining, and assisting coordinated and comprehensive planning by all levels of government.

(4) Interpretation: The rules and regulations promulgated hereunder are intended to provide for the coordination of planning between the local, regional, and state levels within the State of Georgia. Such rules and regulations should be liberally construed to achieve that end.

History

• Authority: Ga. L. 1989, pp. 1317-1391; O.C.G.A. Sec. 50-8-1et seq
• History. Original rule entitled "Purpose" adopted. F. May 1, 1990; eff. May 21, 1990.
• Repealed: New Rule, same title, adopted. F. May 22, 1992; eff. June 11, 1992.

Ga. Comp. R. & Regs. r. 110-3-2-.02 Definitions

(1) General: For the purpose of these rules, the following words shall have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A. 50-8-1 et seq., shall have the meaning as contained therein. Terms not defined in these rules, nor in O.C.G.A. 50-8-1 et seq., shall have ascribed to them the ordinary accepted meanings such as the context may imply.

(2)

Definitions:

The following terms and definitions shall be used to guide the implementation of the comprehensive planning process.

(a) 'Additional Planning Elements' means any additional planning elements adopted by the board of directors of the regional development center and approved by the department in accordance with O.C.G.A. 50-8-35 and guidelines developed by the department.

(b) 'Board' means the Board of Community Affairs.

(c) 'Board of Directors' means the Board of directors of a regional development center.

(d) 'Commissioner' means the Commissioner of Community Affairs.

(e) 'Comprehensive Plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with O.C.G.A. 50-8-7.1(b) and 50-8-7.2 .

(f)

'Conflict' means any conflict, dispute, or inconsistency arising:

1. Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented.

2. Between or among comprehensive plans for any regions, as proposed, prepared, proposed to be implemented, or implemented.

3. Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans are proposed, prepared, proposed to be implemented, or implemented.

4. With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department.

5. With respect to or in connection with any action proposed to be taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department.

(g) 'Conflict Resolution' means mediation or the process to be employed by the Department of Community Affairs in resolving differences arising from any conflict, as defined at (f), above.

(h) 'Coordinated and Comprehensive Planning' means planning by counties and municipalities and regional development centers in accordance with the minimum standards and procedures.

(i) 'Council' means the Governor's Development Council.

(j) 'County' means any county of this state.

(k) 'Days' means calendar days, unless otherwise specified.

(l) 'Department' means the Department of Community Affairs.

(m) 'Developments of Regional Impact' means any project that requires local government action to proceed and that exceeds the minimum thresholds established by the Department. Such procedures and guidelines to govern developments of regional impact shall be promulgated by the department pursuant to O.C.G.A. 50-8-7.1(b)(3) .

(n) 'Executive Committee' means the executive committee of a regional development center.

(o) 'Governing Body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority of a county or municipality.

(p) 'Implementation Strategy' means the narrative description counties and municipalities must submit describing how they intend to implement their comprehensive plan, including a listing of public actions to be undertaken by the community toward implementation of the comprehensive plan and the related costs of such actions.

(q) 'Local Government' means any county, municipality, or other political subdivision of the state.

(r) 'Local Government Affairs' means all matters involving or affecting local governments including, but not limited to, coordinated and comprehensive planning in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority.

(s) 'Local Government Services' means the activities performed or authorized to be performed by the department including, but not limited to, its performance of duties, responsibilities, and functions in local government affairs and its exercise of power and authority in local government affairs.

(t) 'Local Plan' means the comprehensive plan for any county or municipality.

(u) 'Mediation' means the process to be employed by the department and regional development centers for resolving conflicts which may arise from time to time in the coordinated and comprehensive planning process. Such procedures and guidelines to govern mediation shall be promulgated by the department pursuant to O.C.G.A. 50-8-7.1(d) .

(v) 'Minimum Standards and Procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included for preparation of local comprehensive plans, for implementation of local comprehensive plans, and for participation in the coordinated and comprehensive planning process. Minimum standards and procedures may include any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department, in accordance with O.C.G.A. 50-8-35 and the rules and guidelines developed by the department.

(w) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.

(x) 'Planning Act' means Georgia Laws 1989 pp. 1317-1391 (O.C.G.A. Sec. 45-12-200 et seq.; 50-8-1 et seq.; 12-2-1 et seq.; and 36-70-12 et seq. ).

(y) 'Plan Amendment' means a significant action by a local government to change its currently approved comprehensive plan. Amendments shall be deemed necessary when the local government feels conditions have changed dramatically so as to alter the basic tenets of its approved comprehensive plan.

(z) 'Plan Approval' means the certification conferred by the department acknowledging that a local government has prepared, submitted to the regional development center for review, and adopted a comprehensive plan that meets the minimum standards and procedures.

(aa) 'Planning' means the process of determining actions which state agencies, regional development centers, and local governments propose to take.

(bb) 'Planning Elements' means the minimum elements of a comprehensive plan that must be addressed by a local government in the preparation of such plan. The minimum elements shall initially include population, economic development, natural and historic resources, community facilities, housing, and land use.

(cc) 'Plan Update' means the complete rewrite of the local government comprehensive plan. This update is to be accomplished not later than ten years from the date of approval of the most recent comprehensive plan and must meet the minimum standards and procedures.

(dd)

'Qualified Local Government' means a county or municipality that:

1. Adopts and maintains a comprehensive plan in conformity with the minimum standards and procedures;

2. Establishes regulations consistent with its comprehensive plan and with the minimum standards and procedures; and

3. Does not fail to participate in the department's mediation or other means of resolving conflicts in a manner in which, in the judgment of the department, reflects a good faith effort to resolve any conflict.

(ee) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board in accordance with O.C.G.A. 50-8-4(f) .

(ff) 'Regional Development Center' means a regional development center established under O.C.G.A. 50-8-32 .

(gg) 'Regional Plan' means the comprehensive plan for a region prepared in accordance with the standards and procedures established by the department.

(hh) 'Regionally Important Resources' means a natural or historic resource that has boundaries extending beyond a single local government's jurisdiction or has value to a broader public constituency and which is vulnerable to the actions and activities of man. Such procedures and guidelines to govern regionally important resources shall be promulgated by the department pursuant to O.C.G.A. 50-8-7.1(b)(3) .

(ii) 'Rules for Environmental Planning Criteria' means those standards and procedures with respect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to O.C.G.A. 12-2-8 , including, but not limited to, criteria for the protection of water supply watersheds, groundwater recharge areas, wetlands, protected mountains and protected river corridors.

(jj)

'Short Term Work Program' means that portion of the Implementation Strategy that lists the specific actions to be undertaken annually by the local government over the upcoming five years to implement the approved comprehensive plan.

A short term work program shall be prepared to summarize the recommendations contained in a local government's comprehensive plan and shall consist of:

(i) Major actions to be undertaken by a municipality or county to implement plan recommendations;

(ii) Time frames for implementing each of the major recommendations; and

(iii) Estimated cost (if any) of implementing individual major recommendations.

2. Such work program shall be submitted, reviewed and updated in accordance with the procedures outlined at 110-3-2-.06(10) .

(kk) 'State Agency' means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia.

History

• Authority: Ga. L. 1989, pp. 1317-1391; O.C.G.A. Sec. 50-8-1et seq
• History. Original Rule entitled "Definitions" adopted. F. May 1, 1990; eff. May 21, 1990.
• Repealed: New Rule, same title, adopted. F. May 22, 1992; eff. June 11, 1992.

Ga. Comp. R. & Regs. r. 110-3-2-.03 Duties and Responsibilities

(1) General: It has been determined that coordinated and comprehensive planning by all levels of government within the State of Georgia is of vital importance to the state and its residents. To effectively and efficiently implement the provisions of the planning act, ongoing cooperation must occur between local governments, regional development centers, and state agencies. The following outlines the responsibilities of the parties charged with implementing the provisions of the planning act.

(2)

Governor's Development Council:

The Governor's Development Council was created by the planning act to provide for the coordination of planning, at the direction of the Governor, by departments, agencies, commissions, and other institutions of the state. The council, at the direction of the Governor, shall:

(a) Coordinate, supervise, and review planning by state agencies to include, but not be limited to, coordination of long range planning and coordination of the location and construction of public facilities on the basis of state, regional, and local considerations identified in the comprehensive statewide plan developed by the Governor with the assistance of the department.

(b) Establish procedures for, and take action to require, communication and coordination among state agencies in any respect which the council deems necessary or appropriate in order to further the coordination of planning by state agencies.

(3)

Department of Community Affairs:

It is the responsibility of the department hereunder to develop, promote, sustain and assist local governments in Georgia.

(a) The department shall develop, promote, and establish standards and procedures for coordinated and comprehensive planning.

(b) The department shall assist local governments in participating in an orderly process for coordinated and comprehensive planning.

(c) The department shall assist local governments in preparing and implementing comprehensive plans which will develop and promote the essential public interest of the state and its residents.

(d)

The department shall serve as the principal department in the executive branch of state government for local government affairs and shall have the responsibility, among other things, to:

1. Develop, promote, sustain and assist local governments in the performance of their duties and responsibilities under law, including coordinated and comprehensive planning;

2. Provide a liaison between local governments and other governments, including the state and federal governments.

3. Act as the state's principal department for local government affairs and local government services generally and for programs, functions, and studies in local government affairs and services and act as the coordinator on the state level for such programs, functions, and studies provided by the department; and

4. Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning.

(e) The department shall coordinate and participate in compiling a Georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies and shall make available the Georgia data base and network to other state agencies, local governments, members of the General Assembly, and residents of the state.

(f) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in coordinated and comprehensive planning, including the development of a comprehensive plan for the state.

(g) The department, utilizing the comprehensive plans of qualified local governments, and regional development centers, shall assist the Governor in defining the state's long term goals, objectives, and priorities and implementing those through coordinated and comprehensive planning.

(h) The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving conflicts relating to the comprehensive planning process.

(i) The department shall determine, in its judgment, and for each region, what shall constitute developments of regional impact.

(j) The department shall develop planning procedures with respect to regionally important resources, and for planning with respect to developments of regional impact, and for encouraging interjurisdictional cooperation among local governments.

(k) The department may establish rules and/or procedures which require that local governments submit for review any proposed action which, based upon guidelines which the department may establish, affect regionally important resources or further developments of regional impact.

(4)

Local Governments:

It is the responsibility of local governments in the State of Georgia hereunder to serve the essential public interest of the state by promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal and county governments. Accordingly, the governing body of municipalities and counties shall have the authority and responsibility to:

(a) Develop, or cause to be developed, comprehensive plans at the local level. However, no municipality or county shall take any action to adopt a local plan or put into effect any local plan, until 60 days after the date when the municipality or county, as the case may be, submitted the local plan to the regional development center for review, comment and recommendation, except that any request for reconsideration in accordance with the planning act shall automatically operate to extend the 60-day period to 90 days.

(b) Employ personnel, or enter into contracts with the regional development center or other public or private entity, to assist in developing, establishing, and implementing its comprehensive plan.

(c) Contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance.

(d) Develop, establish, and implement land use regulations that are consistent with the comprehensive plan of the municipality or county government, as the case may be.

(e) Develop, establish, and implement a plan for capital improvements that conforms to the minimum standards and procedures and make any capital improvements plan a part of the local comprehensive plan. Local governments wishing to impose development impact fees must adhere to the planning requirements for capital improvements outlined at 110-3-2-.07 .

(f) Take all action necessary or desirable to further the policy of the state for coordinated and comprehensive planning.

(g) Be members of the regional development center for the region which includes the municipality or county, as the case may be.

(h) Pay annual dues for membership in its regional development center, in accordance with the planning act.

(i) Participate in compiling a Georgia data base and network to serve as a comprehensive source of information for the coordinated and comprehensive planning process.

(j) Participate in good faith in mediation or other forms of resolving conflicts, including those relating to comprehensive plans, regionally important resources, or developments of regional impact, as set forth in the planning act and these standards and procedures.

(5)

Regional Development Centers:

It is the responsibility of regional development centers hereunder to serve the essential public interest of the state by promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal and county governments and the regional development center, in conformity with the minimum standards and procedures established pursuant to the planning act. The specific responsibilities of regional development centers are:

(a) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan.

(b) To undertake and carry out such planning and technical assistance activities as its board of directors or the department may deem necessary for the development, preparation, and implementation of comprehensive planning for each center's region and for municipalities and counties within the center's region and for such planning and technical assistance activities as its board of directors or the department may deem necessary for coordinated and comprehensive planning within the center's region.

(c)

Specific planning and technical assistance activities may include, but shall not be limited to, the following:

1. A center may coordinate and assist local governments in preparing local plans for submission to the center.

2. A center may provide technical planning assistance to local governments.

3. A center may develop and prepare a local plan for a county or municipality if the county or municipality enters into a contract with a center for that purpose.

4. A center may require that comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures, but before imposing any such requirement, the center shall have received the department's approval of additional elements to be included in such comprehensive plans.

5. Each center shall prepare and adopt a regional plan and submit the regional plan to the department. The regional plan shall take into consideration local plans within the region.

6. Each center shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of information available, in an accessible form, to local governments, state agencies, and members of the General Assembly.

7. Each center shall review and comment on each local plan submitted to it in accordance with 110-3-2-.06 , Minimum Procedural Standards.

8. Any proposed action by a municipal or county government that would, based upon guidelines the department may establish, affect regionally important resources shall be reviewed by the regional development center in accordance with rules and procedures established by the department and shall result in a public finding by the center as to whether the proposed action will be in the best interest of the state.

9. Any proposed action by a municipal or county government that would, based upon guidelines the department may establish, further any development of regional impact, shall be reviewed by the regional development center in accordance with rules and procedures established by the department and shall result in a public finding by the center as to whether the proposed action will be in the best interest of the state.

10. Each center shall coordinate mediation or other forms of resolving conflicts relating to comprehensive plans, regionally important resources, or developments of regional impact among local governments within its region, pursuant to the planning act and procedures developed by the department.

11. Each center shall also participate in good faith in mediation or other forms of resolving conflicts when such conflict involves another regional development center.

History

• Authority: Ga. L. 1989, pp. 1317-1391; O.C.G.A. Sec. 50-8-1et seq
• History. Original Rule entitled "Duties and Responsibilities" adopted. F. May 1, 1990; eff. May 21, 1990.
• Repealed: New Rule, same title, adopted. F. May 22, 1992; eff. June 11, 1992.

Ga. Comp. R. & Regs. r. 110-3-2-.04 Minimum Local Planning Standards

(1) General: Pursuant to O.C.G.A. 50-8-7.1(b) , the minimum local planning standards were developed to guide local governments in developing and implementing their comprehensive plans. The law also provides that the Rules for Environmental Planning Criteria developed pursuant to O.C.G.A. 12-2-8 be incorporated into these minimum planning standards. Cities and counties across the state are diverse in terms of size, growth rate, economic base, and environmental and geographic conditions, and their needs, concerns and goals for the future also differ dramatically. Accordingly, the planning standards were given sufficient flexibility to allow communities to address the variety of situations they face. In some cases, resources or data items listed in the standards may not be applicable to a particular community. For example, assessment of coastal resources would not be necessary in local plans prepared in north Georgia, nor would coastal jurisdictions generally need to consider steep slopes. Therefore, each community should determine which items are appropriate for consideration in its planning process. Similarly, local governments are encouraged to consider additional planning elements or data items in their plans, as needed, to focus on special situations or issues of importance to the community.

(2)

Community, Regional, and State Planning Goals:

Pursuant to O.C.G.A.

50-8-7.1(a)

, the department is authorized to assist the Governor in defining the state's long-term goals and priorities through coordinated and comprehensive planning. The department shall utilize local and regional plans in developing and refining these goals and priorities. In the interim, the department has established statewide goals for five topical elements, as listed below. Goals developed in local plans shall be consistent with these initial statewide goals:

(a) Economic Development: To achieve a growing and balanced economy, consistent with the prudent management of the state's resources, that equitably benefits all segments of the population.

(b) Natural and Historic Resources: To conserve and protect the environmental, natural and historic resources of Georgia's communities, regions and the state.

(c) Community Facilities and Services: To ensure that public facilities throughout the state have the capacity, and are in place when needed, to support and attract growth, and development and/or maintain and enhance the quality of life of Georgia's residents.

(d) Housing: To ensure that residents of the state have access to adequate and affordable housing.

(e) Land Use: To ensure that land resources are allocated for uses that will accommodate and enhance the state's economic development, natural and historic resources, community facilities, and housing and to protect and improve the quality of life of Georgia's residents.

(3)

Three-Step Planning Process:

Local Governments shall follow the three-step planning process outlined herein in developing each of the six topical planning elements described at paragraph

110-3-2-.04(5)

. This process establishes the scope and sequence of local planning activities and defines what must be considered and accomplished by each local government to assure minimum standards of quality and comprehensiveness in local plans across the state. The plan document must document that the three-step planning process has been followed, but local governments may organize the plan document in whatever manner is most appropriate to present the information, conclusions and intentions of the plan in their clearest and most usable form. Nothing in the description of this process should be interpreted as discouraging local governments from exceeding the minimum planning standards. The three-step planning process is as follows:

(a)

Inventory and Assessment:

The initial step of the planning process is intended to provide local governments with a factual and conceptual basis for making informed decisions about the future of the community and to ensure that an appropriate range of issues and viewpoints is considered. It must include the following activities:

1. Preparation of an inventory of data for each planning element and development or presentation of projections and/or forecasts where applicable.

2. Analysis of the data for each element, including consideration of the implications of historical trends, current conditions and forecasts for the future. Data items must also be assessed in terms of their significance to the community and their relevance to information analyzed under each of the other plan elements. In addition, this step must include an assessment and identification of community and natural resources, opportunities and problems, and consideration of the manner in which resources should be developed, conserved or protected. The assessment must also involve (as appropriate to each element) an evaluation of existing community programs, facilities, services, regulatory tools and administrative systems to determine whether they are, or will be, sufficient to meet the community's current and future needs. The assessment should encompass input from the public, at least to the extent established in 110-3-2-.06(4) , Minimum Procedural Standards, and should involve the development of alternatives for addressing current and future problems and opportunities.

(b)

Statement of Needs and Goals:

The second step in the planning process is intended to establish the community's long-range needs, goals and ambitions. It includes:

1. Statement of needs for each element (except population, which may be addressed at the local government's option) summarizing the conclusions reached during the inventory and assessment step and addressing ways in which these needs may affect, or be affected by, other elements of the plan.

2. Goal statements expressing the community's common ideals, desires and vision for the future. Goals should be directed toward addressing the community's social, economic and physical needs and opportunities in a manner that will assure the future well-being of the community.

(c)

Implementation Strategy:

The third step of the planning process shall be undertaken for economic development, natural and historic resources, community facilities, housing and land use. Strategies may also be developed to address population growth trends at the local government's option. The implementation strategy should also establish an overall strategy for plan implementation that merges and coordinates the goals and policies arising from the separate plan elements. The implementation strategy must include the following:

1. Strategies that the local government will employ during the 20-year planning time frame to address the needs and goals articulated in the plan.

Any policies the local government will adopt to support community values and to define priorities regarding specific issues and resources addressed in the plan, for the purpose of providing guidance and direction to local government officials in implementing the plan.

(i) A description of community and economic development initiatives or programs, public or private, to be put in place over each of the next five years, including cost estimates and alternative funding sources, where applicable;

(ii) A description of major capital improvements or infrastructure expansions proposed over each of the next five years, including cost estimates and alternative funding sources; and

(iii) A description of administrative systems, regulatory measures or land development regulations to be adopted or amended over each of the next five years. Land development regulations may include building codes, subdivision regulations, zoning ordinances, performance standards, etc.

(4)

Data Support:

To assist in plan preparation, the department will supply cities and counties with data from standard federal, state and private sources, to the extent that this data is available. However, some of the data required to prepare a local plan that meets the minimum planning standards is not collected by nor available from standard sources and must be gathered locally or obtained from other sources (see Sections (4)(b) and (c), below). When data provided by the department has been collected substantially prior to the year of plan preparation, local governments are encouraged to update this information by any means available to them. Local governments are not required to use the data provided by the department. For projections, they may use specific numbers or a range of numbers which they believe adequately reflect conditions in their community. However, when alternate projections are used, the methods or assumptions used in preparing them should be specified. Whether the data used is provided by the department or obtained elsewhere, it shall be the responsibility of the local government to examine all data critically and to conduct a "reality check" to ensure that the data accurately reflect local conditions.

(a) Data Supplied by the Department: The department will provide local governments with the best available population, demographic, economic development and housing data from the U.S. Census and other standard sources. Some maps and information on natural and historic resources available at the state and federal levels may also be provided by the department. The amount of data available varies from community to community, depending on the size and type of local jurisdiction. For example, much economic data is not available for cities outside of Metropolitan Statistical Areas. Also, some detailed population and economic data are not available for cities with populations under 2,500. Population projections for cities are not available from standards sources for the recommended 20-year planning time frame. Years and time frames for which other data are available also vary, depending on the data collection and publishing schedules of standard sources.

(b) Locally-Collected Data: Community facilities and land use data are not collected by state or federal agencies, and the data for these elements must be collected locally. Some natural and historic resources data may also need to be collected locally.

(c) Data from Other Sources: Other sources of data, such as other state agencies, regional development centers, the university system and local sources such as chambers of commerce, community development authorities, public works authorities and local government offices may also be used to supplement the data provided by the department.

(5)

Minimum Planning Elements:

Pursuant to O.C.G.A.

50-8-7.1(b)(1)

, the department is authorized to establish minimum planning elements to be addressed by local governments in the coordinated and comprehensive planning process. The following six topical planning elements have been established and shall be included in all local comprehensive plans: population, economic development, natural and historic resources, community facilities and services, housing, and land use. Nothing in these rules, however, shall be construed to prohibit a community from preparing and submitting a comprehensive plan that exceeds the minimum planning standards or that includes other elements in addition to those prescribed by the department. The minimum plan requirements for each planning element are specified below:

(a)

Population Element.

1. Purpose: The Population Element provides local governments the opportunity to inventory and assess trends in population growth or decline and in the demographic characteristics of the population. This information, merged with information in the Natural and Historic Resources Element that identifies constraints and/or opportunities affecting future development, forms a foundation for the Economic Development, Community Facilities, Housing and Land Use Elements of the plan. This information will assist local governments in determining community service and infrastructure needs, employment opportunities and housing needed to support the existing and future population. In addition, this element may be used as a basis for determining desired growth rate, population densities and development patterns that are consistent with the goals and policies established in the other plan elements.

2. Minimum Requirements: The population and demographic characteristics of the community must be inventoried by addressing, at a minimum, the items listed at (i) through (vi), below. Where current data is called for,"current" shall refer to the year of plan preparation or the most recent year for which data is available. Historic data, where required, shall cover approximately 20 years (using the nearest decennial census) prior to the year of plan preparation, at five-year intervals, unless otherwise noted. Future projections, where required, shall cover approximately 20 years beyond the year of plan preparation, at five-year intervals, unless otherwise noted.

3. The information gathered in the inventory must be assessed to identify significant trends in the size of the local population and its characteristics (age distribution, educational attainment, income levels, etc.), especially as compared with regional, state and national trends. Further analysis of this information must be made under other plan elements in determining appropriate economic development strategies, housing and community facility needs, land development patterns, etc.

Local governments may also use the information gathered in this element to determine whether the growth trends identified are desirable for the community and whether alternatives for managing or redirecting these trends should be considered. Such an assessment could result in the development of population-specific needs and goals that specify an appropriate rate of growth, and an implementation strategy for managing the community's growth throughout the planning period. Specific items to be addressed are as follows:

(i) Total Population: Include the current, historic and projected total population of the community, and compare the community's growth rate with that of the state. Future total population figures shall be noted at annual intervals for the five years beyond the year of plan preparation.

(ii) Households: Include the current, historic and projected number and average size of households in the community.

(iii) Age Distribution: Include the current, historic and projected age distribution of residents in the community.

(iv) Racial Composition: Include the current and historic racial breakdown of the residents in the community, and identify future trends.

(v) Educational Attainment: Include historic and current educational attainment levels of the adult population, and compare with surrounding counties and the state. Also include, for several recent years, dropout rates, standardized achievement test scores and the percentage of high school graduates continuing on to post-secondary education. For historic educational attainment levels, information from the most recent decennial census prior to the year of plan preparation is sufficient.

(vi) Income: Include current and historic average per capita and average household income levels, and compare with state levels for the same time intervals and in the same dollar units. Also include the current distribution of households by income groupings.

(b)

Economic Development Element.

1. Purpose: The Economic Development Element provides local governments the opportunity to inventory and assess the community's economic base, labor force characteristics, and local economic development opportunities and resources; to determine economic needs and goals; and to merge this information with information about population trends and characteristics, natural resources, community facilities and services, housing and land use so that a strategy for the economic well-being of the community can be developed.

2. Minimum Requirements: The economic characteristics of the community must be inventoried by addressing, at a minimum, the items listed at (i), (ii) and (iii), below. Where current data is called for,"current" shall refer to the year of plan preparation or the most recent year for which data is available. Historic data, where required, shall cover approximately ten years prior to the year of plan preparation, at five-year intervals, unless otherwise noted. Future projections, where called for, shall cover approximately 20 years beyond the year of plan preparation, at five-year intervals. Municipalities for which certain data is not available should use comparable data for the county in which they are located and note any known similarities and differences.

3. Based on the information gathered in the inventory, an assessment must be made to determine which economic sectors are growing and declining locally and which sectors should be encouraged to develop in order to complement or diversify the existing economic base of the community. Using information obtained in the Population Element and other elements of the plan, an assessment must also be made to determine whether jobs available in the community are appropriate for the residents in terms of skill and education levels required, commuting patterns, wages paid, etc., and, if not, what options are available to improve the existing economic situation (i.e., programs of business development, attraction and diversification, or job training). In addition, this analysis should determine whether existing local economic development programs and tools or community attributes need to be improved to foster economic development.

4. By its very nature, economic development is rarely confined to a single jurisdiction. Therefore, an assessment of economic assets, problems and opportunities should consider the local economy in a regional context, including (as applicable) such factors as: predominant industries in surrounding counties; nearby educational institutions and vocational training programs; proximity to major market areas; access to regional transportation systems (e.g., regional airports, port facilities, interstate highway systems, etc.); and other regional assets (e.g., natural resources, cultural amenities, waste disposal facilities, etc.).

The results of this assessment should be considered in the development of needs and goals and an associated implementation strategy that set forth a plan for economic development in terms of how much growth is desired, what can be done to support retention and expansion of existing businesses, what types of new businesses and industries will be encouraged to locate in the community, what incentives will be offered to encourage economic development, whether educational and/or job training programs will be initiated or expanded, and what infrastructure improvements will be made to support economic development goals during the planning period.

(i)

Economic Base:

Specific items to be addressed are as follows:

(I) For each economic sector within the community (e.g., retail trade, services, manufacturing, wholesale trade, etc.), include current, historic and projected employment and earnings, and compare with state percentages.

(II) For each economic sector, include current and historic average weekly wages paid, and compare with state percentages and averages.

(III) Include current, historic and projected sources of personal income by type (e.g., wages, unearned, transfer payments, etc.), and compare with state percentages.

(IV) Include recently established and planned major community-level economic activities (e.g., major employers, large manufacturers, new and expanding industries, major plant openings and closings, etc.).

(V) Include special or unique economic activities (e.g., tourism, agribusiness, health care or educational institutions, government, warehousing and distribution, military, retirement, commercial, etc.).

(ii)

Labor Force:

Specific items to be addressed are as follows:

(I) Include current and historic employment by occupation (i.e., occupations/types of jobs held by residents), and compare percentage in each occupational category with state and national percentages. For historic data, information from the most recent decennial census prior to the year of plan preparation is sufficient.

(II) Include current and historic employment status, and compare with state and national figures. Employment status includes total labor force, civilian labor force, military labor force (where applicable), and participation by sex. For historic data, information from the most recent decennial census prior to the year of plan preparation is sufficient.

(III) Include current and historic unemployment rates, and compare with rates for surrounding counties, the state and the nation. Historic rates should be noted annually for the ten years prior to the year of plan preparation.

(IV) Include current and historic commuting patterns (i.e., employment by place of work and residence). For historic data, information from the most recent decennial census prior to the year of plan preparation is sufficient.

(iii)

Local Economic Development Resources:

Identify and assess any of the following that exist in the community in terms of their effectiveness or adequacy:

(I) Economic development agencies (e.g., chambers of commerce, economic development authorities, etc.).

(II) Economic development programs or tools (e.g., special tax districts, industrial parks, speculative buildings, business incubators, revolving loan funds, etc.).

(III) Education and training opportunities (e.g., vocational schools, adult education programs, job training programs, etc.).

(c)

Natural and Historic Resources Element.

1. Purpose: The Natural and Historic Resources Element provides local governments the opportunity to inventory their natural, historic and environmentally sensitive resources; to consider the issues, problems and opportunities associated with those resources; and to develop goals, policies and strategies for their appropriate use, preservation and protection that are consistent with those established for other plan elements.

Minimum Requirements:

This element must address the following minimum planning requirements:

(i)

Natural Resources:

Where applicable to the community, the natural resources and environmentally sensitive areas listed below must be inventoried. Maps are strongly recommended for inclusion in the plan to indicate the locations of resources within the jurisdiction. An assessment must then be conducted to consider how natural resources can most wisely and responsibly be utilized, developed, managed or preserved in order to yield maximum long-range benefits to the community. The assessment should also consider the potential vulnerability of the community's natural resources to land development and other human activities, and should evaluate whether protecting them is important to the future health and economic well-being of the community. Levels of community support for conservation of various natural resources should also be considered. The results of this assessment should be considered in the development of needs and goals and an associated implementation strategy that set forth any special treatment or protection to be provided these resources over the planning period. Any strategies developed by local governments for the protection of the resources listed at (I) through (V), below, must specifically reference the Department of Natural Resources' Rules for Environmental Planning Criteria developed pursuant to O.C.G.A.

12-2-8

. Specific items to be addressed, where applicable to the community, are as follows:

(I) Water Supply Watersheds: Include water supply watersheds, or any portions thereof, as defined and provided for in the Rules for Environmental Planning Criteria.

(II) Groundwater Recharge Areas: Include groundwater recharge areas as defined and provided for in the Rules for Environmental Planning Criteria.

(III) Wetlands: Include wetlands as defined and provided for in the Rules for Environmental Planning Criteria.

(IV) Protected Mountains: Include protected mountains as defined and provided for in the Rules for Environmental Planning Criteria.

(V) Protected River Corridors: Include protected river corridors as defined and provided for in the Rules for Environmental Planning Criteria.

(VI) Coastal Resources: Include beaches, coastal marshes and estuaries that are vulnerable to the impacts of development.

(VII) Food Plains: Include areas within the community that are subject to flooding, based on the 100-year, or base, flood.

(VIII) Soil Types: Include soil types in terms of their suitability for development.

(IX) Steep Slopes: Include areas, other than protected mountains, where the slope of the land is steep enough to warrant special management practices.

(X) Prime Agricultural and Forest Land: Include areas valued for agriculture or forestry production that may warrant special management practices.

(XI) Plant and Animal Habitats: Include areas that support rare or endangered plants and/or animals.

(XII) Major Park, Recreation and Conservation Areas: Include major federal, state and regional parks, recreation areas and conservation areas (e.g., wildlife management areas, nature preserves, national forests, etc.). Note: Local parks and recreation areas should be identified in the Community Facilities and Services Element.

(XIII) Scenic Views and Sites: Include significant visual landmarks and vistas that may warrant special management practices.

(ii) Historic Resources: Using the list provided below as a guide, a general inventory of historic resources in the community must be conducted. At a minimum, the inventory should include any districts, sites or individual structures identified on formal surveys that may have been conducted for the community and all existing or nominated National Register sites and districts, as well as any resources that are likely to qualify for that designation. A map is strongly recommended for inclusion in the plan to indicate where historic resources are located and how they are distributed in relationship to one another an/or related community facilities. Once an initial inventory has been completed, a determination should be made as to whether further documentation or study of historic resources is appropriate.

(iii) An assessment must then be conducted to consider the potential benefits of historic resources in terms of promoting tourism, contributing to the overall visual appeal and traditional character of the community, maintaining a healthy downtown economy and/or providing cost effective space to house local government functions and public activities. The assessment should also evaluate community support for preservation and should identify any historic resources that are in need of attention by the local government due to rapid physical deterioration or unintended land use conflicts.

(iv)

The result of this assessment should be considered in the development of needs and goals and an associated implementation strategy that set forth any provisions for the preservation, protection, redevelopment and/or promotion of any locally significant historic resources identified. Historic resources to be addressed, where applicable, include:

(I) Residential Resources: Historic residential districts, neighborhoods and individual homes.

(II) Commercial Resources: Historic commercial districts (e.g., crossroads, downtowns, etc.) and individual buildings (e.g., general stores, offices, etc.).

(III) Industrial Resources: Historic railroad structures and buildings, mills, factories, etc.

(IV) Institutional Resources: Historic institutional districts and individual buildings (e.g., schools, military complexes, churches, etc.).

(V) Rural Resources: Historic landscapes, farm complexes, crossroads communities, bridges, roadways, barns, plantations, etc.

(VI) Historic, Archaeological and Cultural Sites: Historic battlegrounds, tabby ruins, cemeteries, burial grounds, etc.

(d)

Community Facilities and Services Element.

1. Purpose: This element provides local governments the opportunity to inventory public facilities and services; to assess their adequacy for serving present and future population and economic needs; to determine future needs and identify goals; and to outline a strategy for providing the desired level of public facilities and services throughout the planning period.

Minimum Requirements:

The adequacy of the community's public facilities and the level of services provided must be inventoried by addressing, at a minimum, the items listed at (i) through (x), below. Once the inventory is complete, an assessment must be made to determine whether existing facilities and current levels of service are adequate to meet the needs of the community. The assessment must also determine, based on population projections and needs and goals identified in other plan elements, whether future needs and goals of the community can be met with existing facilities and services or whether improvements will be needed to accommodate anticipated population and economic growth. The assessment should also consider means of optimizing utilization of existing facilities (e.g., conservation measures, multi-purpose uses, increased productivity or operating hours, etc.) as an alternative to expanding existing facilities to meet community needs and goals. The results of this assessment will form the basis for the development of needs and goals and an associated implementation strategy that define capital improvements, service expansions and/or utilization strategies to be implemented over the planning period. Specific items to be addressed, where applicable to the community, are as follows:

(i) Transportation Network: Include roads, highways, sidewalks, signalization and signage, bridges, public transportation, railroads, port facilities, airports, etc.

(ii) Water Supply and Treatment: Include the location and useful life of existing distribution and treatment systems.

(iii) Sewerage System and Wastewater Treatment: Include the location and useful life of existing collection and treatment systems.

(iv) Solid Waste Management: Include the location and useful life of existing disposal facilities, whether publicly or privately operated, and the adequacy of the waste collection system. Also consider the need for recycling or other waste reduction strategies. Note: Specific items that must be considered in a solid waste management plan prepared in accordance with the Georgia Comprehensive Solid Waste Management Act are outlined in the Minimum Planning Standards and Procedures for Solid Waste Management. The seven elements which must be addressed in such a plan are: Amount of Waste, Collection, Reduction, Disposal, Land Limitation, Education and Public Involvement, and Implementation and Financing. These requirements may be met within the Community Facilities Element of the comprehensive plan or may be prepared in a separate solid waste management plan.

(v) Public Safety: Include police, sheriff, fire protection and EMS facilities, equipment and services.

(vi) Hospitals and Other Public Health Facilities: Include local hospital and public health facilities.

(vii) Recreation: Include local parks, recreation facilities and programs, and public open space.

(viii) General Government: Include city halls, county courthouses and other local government administration buildings.

(ix) Educational Facilities: Include facilities and equipment available for preschool, elementary, secondary, post secondary and adult education; and vocational training.

(x) Libraries and Other Cultural Facilities: Include libraries, museums, theaters, amphitheaters, auditoriums, civic centers, botanical gardens and other cultural facilities.

(e)

Housing Element.

1. Purpose: The Housing Element provides local governments the opportunity to inventory the existing housing stock; to assess its adequacy and suitability for serving current and future population and economic development needs; to determine future housing needs and articulate goals; and to formulate a strategy for the adequate provision of housing for all sectors of the population.

2. Minimum Requirements: This element must address, at a minimum, the items listed at (i) through (iv), below. Where current data is called for,"current" shall refer to the year of plan preparation or the most recent year for which standard data is available. Historic data, where required, shall cover approximately 20 years, at the years of the decennial census, unless otherwise noted. Future trends, where called for, shall be forecast over the twenty-year planning horizon, based on local analysis of the data and knowledge of the community.

Once the inventory is complete, an assessment must be made to determine whether existing housing is appropriate to the needs and desires of residents in terms of quantity, affordability, type and location, and, if not, what might be done to improve the situation. The assessment should also consider whether there are problems (for example, over - or under-building; residential areas underserved by infrastructure and community facilities; concentrations of substandard housing, low home-ownership rates, etc.) with the local housing market that could be addressed by the local government. In addition, the assessment should determine, based on projections of number of households and local preferences, the quantity and types of housing units required to meet the community's needs throughout the planning horizon. The results of this assessment should be considered in the development of needs and goals and an associated implementation strategy that set forth any programs for housing development or assistance to be undertaken during the planning period. Specific items to be addressed are as follows:

(i) Types of Housing Units: Include current and historic number of single-family and multi-family dwellings, and identify trends for the future.

(ii) Age and Condition of Housing: Include current and historic age and condition of housing stock, and compare with state average.

(iii) Owner & Renter Occupied Units: Include current and historic number of owner and renter occupied units, and vacancy rates of each. Also compare vacancy rates and owner-to-renter ratios with state percentages.

(iv) Cost of Housing: Include current and historic median purchase price of owner-occupied units and median monthly rent of renter-occupied units, and compare with state figures.

(f)

Land Use Element.

1. Purpose: The Land Use Element provides local governments the opportunity to inventory existing land use patterns and trends; to determine future patterns of growth, based on community needs and desires; and to develop goals, policies and strategies for land use that strike a balance between effective and efficient delivery of public services, protection/preservation of vulnerable natural and historic resources, and respect for individual property rights.

Standard Classification System:

In order to facilitate the development of a state and regional land use data base, land use categories used in local plans must be consistent with the standard land use classification system established by the department. More detailed categories used by local governments must be sub-categories that can be grouped into one of the following eight standard categories:

(i) Residential: The predominant use of land within the residential category is for single-family and multi-family dwelling units.

(ii) Commercial: This category is for land dedicated to non-industrial business uses, including retail sales, office, service and entertainment facilities. Commercial uses may be located as a single use in one building or grouped together in a shopping center or office building.

(iii) Industrial: This category is for land dedicated to manufacturing facilities, processing plants, factories, warehousing and wholesale trade facilities, mining or mineral extraction activities, or other similar uses.

(iv) Public/Institutional: This category includes certain state, federal or local government uses, and institutional land uses. Government uses include city halls and government building complexes, police and fire stations, libraries, prisons, post offices, schools, military installations, etc. Examples of institutional land uses include colleges, churches, cemeteries, hospitals, etc. Facilities that are publicly owned, but would be classified more accurately in another land use category, should not be included in this category. For example, publicly owned parks and/or recreational facilities should be placed in the Park/Recreation/Conservation category; landfills should fall under the Industrial category; and general office buildings containing government offices should be placed in the Commercial category.

(v) Transportation/Communications/Utilities: This category includes such uses as power generation plants, railroad facilities, radio towers, public transit stations, telephone switching stations, airports, port facilities or other similar uses.

(vi) Park/Recreation/Conservation: This category is for land dedicated to active or passive recreational uses. These areas may be either publicly or privately owned and may include playgrounds, public parks, nature preserves, wildlife management areas, national forests, golf courses, recreation centers and similar uses.

(vii) Agriculture/Forestry: This category is for land dedicated to farming (Fields, lots, pastures, farmsteads, specialty farms, livestock production, etc.), aquaculture, or commercial timber or pulpwood harvesting.

(viii) Undeveloped: This category is for land not developed for a specific use or land that was developed for a particular use but that has been abandoned for that use. This category includes woodlands or pasture land (not in agriculture crop, livestock or commercial timber production), undeveloped portions of residential subdivisions and industrial parks, water bodies (lakes, rivers, etc.), and locations of structures that have been vacant for some time and allowed to become deteriorated or dilapidated. For mixed- or multi-use sites or Planned Unit Developments (PUDs), the predominant land use should be used to classify the entire site.

Minimum Requirements:

The land use element must include an existing land use map, land use assessment, future land use map and future land use narrative, as described below:

(i) Existing Land Use Map: A map of the community's existing land uses must be prepared using the eight land use categories listed at (f)2. above. The existing land use map must be of sufficient scale and accuracy to provide a clear understanding of the general distribution of land uses and their spatial relationships to one another.

(ii)

Land Use Assessment:

Items to be addressed, where applicable to the community, are listed at (I) through (VIII), below. The results of the land use assessment should be considered in the development of needs, goals and policies as reflected on the Future Land Use Map, and an associated implementation strategy that sets forth any regulations, incentives and/or infrastructure the community intends to use or put in place to guide patterns of land development throughout the planning horizon.

(I) Historical factors that have led to current development patterns, to the extent that these can be identified;

(II) Land use patterns and densities as they relate to the location of infrastructure and the provision of public services, and any areas where rapid development threatens to outpace infrastructure capacity;

(III) Blighted areas and transitional areas undergoing shifts in predominant land use;

(IV) Estimates of current acreage dedicated to each of the eight land use categories listed at (f)2. above, and approximate acreage needed in each category to accommodate projected growth in population, employment and housing during the planning period;

(V) Problems with the existing mix of land uses that could be mitigated or corrected in the future through the allocation of land to more appropriate land use categories or through other local governmental policies (e.g., requiring natural buffers to separate incompatible land uses);

(VI) market forces and local development policies that could affect growth patterns.

(VII) Environmentally sensitive or locally valued areas identified in the Natural and Historic Resources Element as being unsuitable for development or in need of special management practices.

(VIII) Evaluation of the options of encouraging infill development in areas where infrastructure and services are available versus expanding infrastructure and services into new areas.

(iii)

Future Land Use Map and Narrative:

A map of future land uses must be prepared, using the eight land use categories listed at (f) 2. above. While the future land use map is not intended to dictate specific activities on individual parcels of land, and is not enforceable in and of itself, it should indicate the community's preferences for the general locations of land uses that are consistent with the needs, goals and policies developed in other elements of the plan. The future land use map should also reflect careful consideration of the results of the land use assessment conducted under (ii), above.

1. In conjunction with the Future Land Use Map, a narrative statement summarizing the overall reasoning behind the land use patterns shown on the map should be prepared. The statement should provide a general description of factors such as geographic areas within the community proposed to receive particular types of growth; areas where significant transitions from one land use to another are expected to occur; the timing or sequencing of any infrastructure improvements needed to support desired growth patterns; and any other factors expected to influence growth patterns including private sector initiatives, significant development constraints, etc.

(6) Special Considerations: Major federal and state properties and facilities, such as military installations, correctional institutions, parks, protected natural areas, forests and wildlife refuges, etc., are important items to be considered in the development of local plans because of their impact on land use and employment within an area. Local governments should consider and evaluate the development plans of federal and state agencies operating within their jurisdictions in carrying out their planning responsibilities. Local governments are also encouraged to develop close working relationships with federal and state agency planners working within their jurisdictions and to advise them of local plan proposals.

(7)

Updates to the Short Term Work Program:

Updates to the Short Term Work Program shall be prepared by local governments in accordance with one of the following two options:

(a) Local governments may prepare and submit annual updates to their Short Term Work Program. Each annual update shall include a new fifth year and any changes to any other year's work program. Annual updates to the Short Term Work Program are subject to the procedures outlined at 110-3-2-.06(10)(a) , Minimum Procedural Standards; or

(b)

Local governments may prepare and submit an update to their Short Term Work Program no later than six months prior to the expiration of their Qualified Local Government certification. This update shall include:

1. a summary of plan accomplishments and a discussion of existing work program items that have not been accomplished to date; and

2. a new Short Term Work Program covering the subsequent five-year period. This update is subject to the procedures outlined at 110-3-2-.06(10)(b) , Minimum Procedural Standards.

(8) Amendments to the Comprehensive Plan: An approved local plan shall be amended when, in the judgment of the local government, the conditions or policies on which the plan were based have changed significantly so as to alter the basic tenets of the plan. The department may also require that an approved local plan be amended, within a timeframe prescribed by the department, to accommodate revisions to the Minimum Local Planning Standards. Procedures for the submittal and review of plan amendments are outlined at 110-3-2-.06(11) , Minimum Procedural Standards.

(9) Updates to the Comprehensive Plan: Updates to the comprehensive plan shall occur, at a minimum, every ten years. However, after five years, community leaders should determine if the comprehensive plan needs a major update, based upon the degree of change in the community. If little has changed, minor revisions to the plan may be sufficient, in the form of plan amendments. If major changes have occurred or if the data upon which the plan is based has become dated, a complete update of the comprehensive plan should be initiated. Procedures for the submittal and review of plan updates are outlined at 110-3-2-.06(12) , Minimum Procedural Standards.

(10) Variances: Any deviation from the planning standards set forth herein must be approved by the department in accordance with the procedures outlined at 110-3-2-.06(2) , Minimum Procedural Standards.

History

• Authority: Ga. L. 1989, pp. 1317-1391; O.C.G.A. Sec. 50-8-1et seq
• History. Original Rule entitled "Minimum Local Planning Standards" adopted. F. May 1, 1990; eff. May 21, 1990.
• Repealed: New Rule, asme title, adopted. F. May 22, 1992; eff. June 11, 1992.

Ga. Comp. R. & Regs. r. 110-3-2-.05 Additional Planning Elements

(1) General: Pursuant to O.C.G.A. 50-8-35(c)(4) , a regional development center may require that local plans within its region include additional planning elements along with those prescribed by the department. Before imposing such a requirement, the center shall have received the department's approval of the additional planning elements.

(2) Process for Approval: The department may establish procedures and guidelines for the submittal and review of regional development center requests pursuant to (1), above.

History

• Authority: Ga. L. 1989, pp. 1317-1391; O.C.G.A. Sec. 50-8-1et seq
• History. Original Rule entitled "Additional Planning Elements" adopted. F. May 1, 1990; eff. May 21, 1990.
• Repealed: New Rule, same title, adopted. F. May 22, 1992; eff. June 11, 1992.

Ga. Comp. R. & Regs. r. 110-3-2-.06 Minimum Procedural Standards

(1) General: Pursuant to O.C.G.A. 50-8-7.1(b) , the department has established minimum procedural standards for use in the coordinated and comprehensive planning process. The following procedures are to be used in the preparation, submittal, review, adoption, update, and amendment of local government comprehensive plans.

(2) Variances: In instances where a local government has existing or proposed planning or procedural practices that differ from (yet meet the intent of) the minimum local planning standards or minimum procedural Standards outlined at 110-3-2-.04 and 110-3-2-.06 , the department may grant the requesting local government a variance from these requirements in order to recognize special or unique local conditions. The department may attach conditions to variances, such as requiring the local government to bring its plan into compliance with these minimum standards within a specified time period. Unless identified as part of any conditions the department may attach to a variance at the time it is granted, a variance continues in effect only until the next required update of the local government's comprehensive plan. To obtain a variance, a local government must first make a request to its regional development center, providing sufficient documentation to substantiate the need for the proposed variance. The regional development center will then make a recommendation to the department on whether a variance should be granted. If the department finds the request for a variance to be justified, it will grant a variance to the requesting local government. Since the planning and procedural standards presented herein are minimum in nature, local governments are encouraged to exceed these standards, where appropriate. In cases where a local governments' planning process clearly exceeds the minimum standards and procedures, approval of the department is not required.

(3)

Compliance with Standards:

It is understood that initial compliance with the minimum standards and procedures by municipalities and counties will take several years. Therefore, a five-year schedule for phasing in local government compliance has been developed by the department, with the assistance of regional development centers and local governments in the state. This official schedule, called the Local Government Recertification Schedule, will be maintained by the department and updated at least annually during the phase-in period.

(a) Local governments shall prepare, submit for review, and subsequently adopt a comprehensive plan that meets the minimum planning standards and procedures on or before the date listed in the Local Government Recertification Schedule.

(b) Nothing in this process shall be construed as prohibiting a local government from preparing, submitting and adopting a comprehensive plan that meets the minimum standards and procedures prior to its scheduled recertification date.

(c) Local governments that prepare, submit for review and adopt a comprehensive plan that meets the minimum standards and procedures on or prior to the date listed in the Local Government Recertification Schedule shall be recertified as a "Qualified Local Government" by the department. To retain Qualified Local Government certification, a local government must remain in compliance with the requirements outlined in these minimum standards and procedures.

(4)

Public Participation:

All local governments must hold a minimum of two public hearings prior to the submittal of their draft comprehensive plan to the regional development center for review.

(a) At least one public hearing must be held prior to the development of the plan to inform the public about the purpose of the plan and the process to be followed in the preparation of the plan, as well as to elicit community input on needs and goals. Local governments should follow the public hearing notification procedures they normally use in announcing and conducting public hearings.

(b) At least one additional hearing must be held just prior to the submittal of the draft plan to the regional development center for review. The purpose of this hearing is to brief the community on the contents of the draft plan, to provide an opportunity for residents to make suggestions, additions or revisions, and to notify the community of when the draft plan will be submitted to the regional development center for review.

(5) Plan Submittal: The governing body of the submitting local government must take official action, by resolution, authorizing the transmittal of the draft plan to the regional development center for review and certifying that the minimum public participation requirements have been met.

(6)

Regional Development Center Review:

The regional development center shall review local plans for compliance with the minimum standards and procedures and, in consultation with other local governments in the region, determine whether the adoption or implementation of a particular plan would present any conflict with plans or policies of other governmental units. The procedures to be used by regional development centers in reviewing local plans are as follows:

(a)

Within ten days after receipt of a draft local plan, the regional development center shall notify the parties listed at 1. through 3., below, of the availability of the plan for review and comment. This notification shall include, at a minimum, the name(s) of the submitting local government(s), the date of plan submittal and the general nature of the plan. Notice shall be provided to:

1. Local governments within the region that are contiguous to the submitting local government, and other local governments within the region that are likely to be affected by the plan;

2. Local governments outside the region that are contiguous to the submitting local government and their regional development center(s); and

3. Members of the Governor's Development Council.

(b) Within 15 days after notifying the parties listed above, the regional development center shall conduct a hearing at which any local government, regional development center or state agency may present its views on the submitted local plan. The rules for conducting such hearings must be adopted by the board of directors of the regional development center and approved by the department.

(c)

Within 15 days after the hearing referenced at (b), above, the regional development center shall, in writing:

1. Recommend approval of the plan to the department and notify the submitting local government of such approval;

2. Recommend approval of the plan to the department and offer specific suggestions to the submitting local government that would improve the plan. (These comments shall also be provided to the department); or

3. Recommend to the department that the plan not be approved based upon noncompliance with the minimum standards and procedures, and suggest measures to the submitting local government that would correct the deficiencies. (These comments shall also be provided to the department).

4. In addition to making one of the three recommendations above, the regional development center shall identify any conflicts with plans of local governments within the region, plans of contiguous local governments outside the region, or any regional plans. The regional development center shall notify the department and the submitting local government of any conflicts or inconsistencies identified and shall assist in resolving such conflicts.

5. The regional development center shall notify members of the regional development center executive committee of all plan recommendations and conflicts that are identified.

(d) Within ten days after the regional development center's recommendation is made public, a submitting local government that disagrees with the recommendation may petition the regional development center for a "reconsideration hearing." This hearing shall be scheduled and held by the regional development center within 15 days after receipt of such a request. Within ten days after the reconsideration hearing, the regional development center shall either continue or modify its original recommendation and provide written notice of its decision to the submitting local government and to the department.

(e) Whether or not a reconsideration hearing is held, the department retains the right to make the final determination as to whether a plan is in compliance with the minimum standards and procedures.

(f) Informal or formal mediation of conflicts relating to local plans may be initiated in accordance with the procedures for Mediation of Interjurisdictional Conflicts adopted by the Board of Community Affairs.

(g) In no event shall a local government take any official action to adopt or put into effect a local plan prepared in accordance with the minimum standards and procedures until at least 60 days after the plan is first submitted to the regional development center for review. In cases where reconsideration is requested, the period shall be a minimum of 90 days.

(h) The regional development center shall notify the department within seven days after being notified that the plan prepared in accordance with the minimum standards and procedures has been adopted.

(7)

Local Government Action:

(a)

If the department concurs with the regional development center's recommendation that the plan meets the minimum standards and procedures, the local government may:

1. Adopt the plan as submitted if no suggestions for improvement are made by the regional development center; or

2. Adopt the plan, with or without any suggested improvements made by the regional development center.

3. In no event, however, shall a local government adopt a plan that meets the minimum standards and procedures until at least 60 days after the plan is submitted to the regional development center for review.

(b)

If the department concurs with the regional development center's recommendation that the plan does not meet the minimum standards and procedures, the local government may:

1. Revise the plan based upon the regional development center's comments and submit the proposed revisions to the regional development center for review;

2. Disagree with the recommendation and request a reconsideration hearing; or

3. Disagree with the recommendation and adopt the plan as originally submitted. However, for a local government to be certified as a Qualified Local Government, the plan adopted must be in compliance with the minimum standards and procedures.

(8) Local Plan Adoption: The governing body of the submitting local government shall notify the regional development center, in writing, within seven days of the adoption of the plan prepared in accordance with the minimum standards and procedures. No such adoption shall occur until 60 days after the plan is first submitted to the regional development center for review, or 90 days if reconsideration is requested.

(9) Department Action: Once the department has been notified by the regional development center that a local government has adopted a plan in accordance with the minimum standards and procedures, the department may issue a letter certifying the submitting local government as a Qualified Local Government. Qualified Local Government certification shall automatically expire five years from the date of departmental approval of the plan unless otherwise specified as a condition of variance. To retain Qualified Local Government certification a local government must remain in compliance with the requirements outlined in these minimum standards and procedures.

(10)

Updates to Short Term Work Program:

Depending on which option a local government chooses for updating its Short Term Work Program as described at

110-3-2-.04(7)

, Minimum Local Planning Standards, procedures for submittal and review of these updates shall be as follows:

(a) Annual updates, as described at 110-3-2-.04(7)(a) , Minimum Local Planning Standards, shall be submitted to the regional development center by local governments no later than 30 days after the end of each year of the five-year work program. The regional development center shall maintain a file of annual updates as they are submitted by local governments and shall make them available to interested parties upon request; or

(b) No later than six months prior to the expiration of its Qualified Local Government certification, local governments shall submit to the regional development center an update as described at 110-3-2-.04(7)(b) , Minimum Local Planning Standards. The regional development center shall review all submitted updates for compliance with the standards and shall make these updates available to interested parties upon request. The regional development center may submit comments pertaining to this update to the local government and the department, but is not required to do so.

(c) At least 30 days prior to the date a local government's Qualified Local Government certification is due to expire, the regional development center shall notify the department as to whether the local government has updated its Short Term Work Program in accordance with either of the two options described above and has otherwise met the requirements contained in these minimum standards and procedures.

(d) Upon receiving notice from the regional development center that a local government has met the requirements outlined above and is otherwise in compliance with the minimum standards and procedures, the department may issue a letter to the local government extending its Qualified Local Government certification an additional five years. To retain Qualified Local Government certification, a local government must remain in compliance with the requirements outlined in these minimum standards and procedures.

(11)

Plan Amendments:

(a)

Proposed amendments to local plans, as described at

110-3-2-.04(8)

, Minimum Local Planning Standards, shall follow the submittal and review procedures outlined at

110-3-2-.06(4) through (9)

, with the following exceptions:

1. Only one public hearing must be held, for the purpose of informing the public of the intent to amend the plan and receiving suggestions and comments on the proposed amendment.

2. The review period for plan amendments shall conclude with a determination by the regional development center, no later than 40 days after the proposed amendment is submitted for review, or 70 days if reconsideration is requested. If the proposed amendment does not affect the local plan's meeting the minimum standards and procedures and if no conflicts are identified by the regional development center, the submitting local government may thereafter adopt the plan amendment. Where appropriate, local governments shall act in good faith to resolve any conflict as provided for in the procedures for Mediation of Interjurisdictional Conflicts adopted by the Board of Community Affairs.

(b) While local governments are encouraged to keep their plans current, it is not intended that each minor amendment being considered by a local government be submitted for review to the regional development center. Proposed amendments that are strictly local in nature and are not considered as having an effect on another local government need not be submitted to the regional development center for review. However, a summary of such minor amendments shall be submitted annually to the regional development center with a statement by the local government that the individual and cumulative effects of the minor amendments do not significantly alter the basic tenets of the approved plan.

(12) Plan Updates: Plan updates, as described at 110-3-2-.04(9) , Minimum Local Planning Standards, shall be prepared, at a minimum every ten years and shall follow the submittal and review procedures described at 110-3-2-.06(4) through (9) , above.

History

• Authority: Ga. L. 1989, pp. 1317-1391; O.C.G.A. Sec. 50-8-1et seq
• History. Original rule entitled "Minimum Procedural Standards" adopted. F. May 1, 1990; eff. May 21, 1990.
• Repealed: New Rule, same title, adapted. F. May 22, 1992; eff. June 11, 1992.

Ga. Comp. R. & Regs. r. 110-3-2-.07 Development Impact Fee Compliance Requirements

(1)

General:

The Georgia Development Impact Fee Act (O.C.G.A. Sec. 36-761-1

et seq.

), passed during the 1990 session of the General Assembly, sets certain conditions, related to comprehensive planning, which must be met by local governments before an impact fee ordinance can be implemented. The Act requires local governments wishing to impose development impact fees to adopt a comprehensive plan which meets the Minimum Planning Standards and Procedures and which contains the additional planning components outlined at

110-3-2-.07(2)

.

(a)

Applicability:

The comprehensive planning requirements listed in this chapter apply to all local governments intending to implement a development impact fee ordinance pursuant to the Georgia Development Impact Fee Act.

1. Unless otherwise provided for herein, the planning requirements contained in this chapter shall have an effective date of April 4, 1990.

2. All local ordinances or resolutions imposing impact fees for system improvements that existed on or before April 4, 1990, shall be brought into compliance with the provisions of the Georgia Development Impact Fee Act, including the planning requirements contained herein, no later than April 4, 1992.

(b)

Definitions:

For the purposes of this chapter, the following words shall have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in this chapter but defined in O.C.G.A. Sec.

36-71-1

et seq.,

shall have the meanings contained in O.C.G.A. Sec.

36-71-1

et seq.

Terms not defined in this chapter, nor in O.C.G.A. Sec.

36-71-1

et seq.,

shall have ascribed to them ordinary accepted meanings such as the context may imply.

1. 'Capital Improvement' means an improvement with a useful life often years or more, by new construction or other action, which increases the service capacity of a public facility.

2. 'Capital Improvements Element' means a component of a comprehensive plan adopted pursuant to O.C.G.A. Sec. 50-8-1 et seq. which sets out projected needs for system improvements during a planning horizon established in the comprehensive plan, a schedule of capital improvements that will meet the anticipated need for system improvements, and a description of anticipated funding sources for each required improvement.

3. 'Development Impact Fee' means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development.

4. 'Level of Service' means a measure of the relationship between service capacity and service demand for public facilities in terms of demand to capacity ratios or the comfort and convenience of use or service of public facilities, or both.

5. 'Project Improvements' means site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project and are not system improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or system improvement and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a project improvement or a system improvement. If an improvement or facility provides or will provide more than incidental service or facilities capacity to persons other than users or occupants of a particular project, the improvement or facility is a system improvement and shall not be considered a project improvement. No improvement or facility included in a plan for public facilities approved by the governing body of the municipality or county shall be considered a project improvement.

'Public Facilities' means:

(i) Water supply production, treatment and distribution facilities;

(ii) Wastewater collection, treatment and disposal facilities;

(iii) Roads, streets and bridges, including rights of way, traffic signals, landscaping and any local components of state or federal highways;

(iv) Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements;

(v) Parks, open space and recreation areas, and related facilities;

(vi) Public safety facilities, including police, fire, emergency medical and rescue facilities; and

(vii) Libraries and related facilities.

7. 'Service Area' means a geographic area defined by a municipality, county or intergovernmental agreement in which a defined set of public facilities provides service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles, or both.

8. 'System Improvements' means capital improvements that are public facilities and are designed to provide service to the community at large, in contrast to 'project improvements.'

(2)

Comprehensive Planning Requirements:

(a) Purpose: Linking the implementation of a local development impact fee ordinance to the comprehensive planning process ensures that projected needs for system improvements are consistent with the needs and goals identified in the various other elements of the comprehensive plan. In addition, the identification of projected capital facilities needs based on levels of service established in the comprehensive plan provides a sound foundation of the calculation of impact fees.

(b)

Application:

The comprehensive planning requirements for compliance with the Georgia Development Impact Fee Act shall consist of (1) a Capital Improvements Element, containing the items specified below; and (2) a public policy statement in support of certain exemptions, as determined by the local government and as defined below.

Capital Improvements Element:

The Capital Improvements Element shall include, but not be limited to, the following items:

(i) Projection of Needs: A projection of needs for system improvements during a planning horizon established in the comprehensive plan. To ensure consistency, the timeframe used for projecting infrastructure needs shall coincide with the planning horizon used for the remainder of the comprehensive plan.

(ii) Schedule of Improvements: A schedule of capital improvements intended to meet the projected needs for system improvements identified in the comprehensive plan. At a minimum, improvements shall be scheduled over a five-year period, coinciding with the initial Short Term Work Program developed in the comprehensive plan. Thereafter, local governments shall annually update and maintain, at a minimum, a five-year schedule of system improvements within the Capital Improvements Element of their comprehensive plans.

(iii) Description of Funding Sources: A description of anticipated funding sources for each required improvement.

(iv) Designation of Service Areas and Levels of Service: The designation of one or more service areas within the community and the assignment of levels of service for public facilities within each service area. Once assigned to each service area, levels of service shall be used as the basis for calculating impact fees.

2. Policy Statement for Exemptions: Local governments wishing to exempt all or portions of particular development projects from impact fees for the purposes of encouraging economic development and employment growth or affordable housing must include in the comprehensive plan a policy statement supporting such exemptions and must fund system improvements supporting such projects through revenue sources other than development impact fees.

(c) Support: The department will provide municipalities, counties and regional development centers with general guidance regarding the preparation of the required Capital Improvements Element and its incorporation into the comprehensive plan.

(3)

Procedural Requirements for Capital Improvements Element (CIE):

The following procedural requirements shall apply each time a local government prepares a CIE for one of the categories of public facilities described under O.C.G.A.

36-71-2

.

(a) Public Participation: Local governments shall follow the public participation requirements for local plans outlined in Rule 110-3-2-.06 , Minimum Procedural Standards.

(b) Submittal of the CIE for Review: CIEs shall be submitted for review in accordance with the local plan submittal requirements outlined in Rule 110-3-2-.06 , Minimum Procedural Standards. In the case of a joint CIE, each participating local government must adopt a transmittal resolution submitting the CIE for review.

(c) Regional Development Center Review and Department Approval: CIEs shall be reviewed and approved according to the procedures outlined in Rule 110-3-2-.06 , Minimum Procedural Standards, with the exception of a CIE prepared in conjunction with an Interim Plan, which shall be reviewed according to the review procedures outlined in Section 110-3-2-.08 .

(d) Local Government Adoption: CIEs shall be adopted in accordance with the procedures outlined in Rule 110-3-2-.06 . In the case of a joint CIE, all participating local governments must adopt the CIE in order for each local government to be certified as meeting the CIE requirements.

(e)

CIE Amendments:

Amendments to an adopted CIE shall follow the procedures for local plan amendments outlined in Rule

110-3-2-.06

, Minimum Procedural Standards.

These procedures must be followed in order for the local government to:

(i) Redefine growth projections, land use assumptions or community goals that would affect system improvements proposed in the CIE;

(ii) Add new impact fee service areas or change the boundaries of existing impact fee service areas;

(iii) Change service levels established for an existing impact fee service area; or

(iv) Make any other revisions that might have a negative effect or major impact on another jurisdiction or authority.

2. Changes in funding sources, project costs, or dates of construction of projects listed in the Schedule of Improvements shall not be considered to be amendments to the CIE and need not be submitted for review.

(f) CIE Update: Updates to an adopted CIE shall follow the procedures for local plan updates outlined in Rule 110-3-2-.06 , Minimum Procedural Standards.

History

• Authority: O.C.G.A. Sec. 36-71-1et seq., 50-8-1et seq
• History. Original Rule entitled "Development Impact fee Compliance Requirements" adopted. F. Jul. 1, 1991; eff. July 21, 1991.
• Repealed: New Rule, same title, adopted. F. May 22, 1992; eff. June 11, 1992.
• Amended: F. Oct. 29, 1992; eff. Nov. 18, 1992.

Ga. Comp. R. & Regs. r. 110-3-2-.08 Interim Local Government Planning Standards for Development Impact Fee Compliance

(1) Purpose: These interim planning standards are intended to allow local governments that are served by water authorities, sewer authorities and/or water and sewer authorities (hereinafter referred to as "Authority"), and that have not reached their recertification date on the schedule for local government planning established by the department, to adopt a Local Government Interim Plan for Development Impact fee Compliance (hereinafter referred to as an "Interim Plan"). The purpose of the Interim Plan is to identify the needs and goals of such local governments and provide short-term direction to Authorities in developing water and sewer system improvements. The Interim Plan is also intended to allow Authorities to continue collecting hook-up or connection fees for system improvements until their local governments are due to complete their plans in accordance with Rule 110-3-2-.04 of the Minimum Standards and Procedures.

(2)

Application:

Local governments that are served by may satisfy the planning requirements specified in the Georgia Development Impact Fee Act (DIFA), and specifically O.C.G.A.

36-71-3(a)

and O.C.G.A.

36-71-12(c)

thereof, by preparing and adopting an Interim Plan, which shall contain, at a minimum, the planning elements and items listed herein and a complete Capital Improvements Element (CIE) for water and/or wastewater treatment in accordance with Rule

110-3-2-.07

of these rules. Such Interim Plan shall satisfy the planning requirements for water and/or wastewater treatment only, and shall not be deemed to satisfy the planning requirements necessary to impose impact fees for the other categories of capital improvements listed in O.C.G.A.

36-71-2

.

(a) Once adopted along with an approved CIE, an Interim Plan that meets these standards shall be deemed to meet the planning requirements established in DIFA and allow the collection by an of impact, connection or hook-up fees until the local governments recertification date on the schedule for local government planning. The Interim Plan and CIE shall expire on the local government's recertification date or any time before this date that a local plan prepared in accordance with Rule 110-3-2-.04 is adopted. In any event, all local governments participating in an Interim Plan shall be required to meet the Minimum Standards and Procedures in accordance with Rules 110-3-2-.04 and 110-3-2-.06 by their recertification date established by the department in order to remain eligible to impose impact fees under O.C.G.A. 36-71-1 .

(3)

Definitions:

For the purposes of this section, the following terms and definitions shall have the meaning as contained herein unless the context does not permit such meaning:

(a) 'Authority' means any water authority, sewer authority or water and sewer that is not exempted from the requirements of DIFA under O.C.G.A. 36-71-13(d) .

(b) 'Service Distribution Area' means an area in which an has the capacity to provide water or wastewater treatment service to development and in which such services are available upon demand through the payment of a hook-up or connection fee subject to any regulations that might be imposed by local governments.

(4)

Interim Planning Requirements:

Interim Plans must include the following planning elements:

(a)

Population Element;

1. Current total population for each jurisdiction included in the Interim Plan; and

2. Projected total population for each jurisdiction at five and ten years beyond the year of plan preparation.

(b)

Economic Development Element:

1. Employment forecasts by place of work at five and ten years beyond the year of plan preparation (county level forecasts may be used); and

2. Consideration of any special economic sectors (existing or anticipated) within the Authority's current or proposed service distribution area that might be expected to place intensive demands on water supply and/or require specialized wastewater treatment.

(c)

Natural and Historic Resources:

1. A map indicating any environmentally sensitive areas within the Authority's current and proposed future service distribution areas, including, at a minimum, groundwater recharge areas, flood plains, water supply watersheds, sensitive plant and animal habitats, and areas with soil and/or slopes unsuitable for septic tanks; and

2. An evaluation of the immediate and potential long-term effects of the water and wastewater system improvements on the resources identified in (c)1. and on any known significant historic resources.

(d)

Community Facilities Element:

1. A map of the existing service distribution area of the and an assessment of the adequacy of water and/or wastewater treatment facilities. The map should indicate the location for public reservoirs, water storage facilities, filtration and wastewater treatment plants, water intake and release points, and limitations on water withdrawal or release;

2. The total water supply and/or wastewater treatment capacity and the amount of this total capacity that is currently being used; and

3. A map indicating the proposed service distribution area of the at five years from the year of plan preparation (if different than the collective impact fee service areas established in the CIE).

(e)

Housing Element:

1. Estimated number of housing units for each jurisdiction served by the at five years beyond the year of plan preparation;

2. A description of any problems related to areas of existing housing that are under-served by water and/or wastewater treatment; and

3. An indication of where proposed water and sewer services will be in place to support the development of multi-family or institutional housing.

(f)

Land Use Element:

1. An assessment of existing land use patterns as they relate to the provision of infrastructure and a description of pertinent issues such as areas where rapid development threatens to outpace infrastructure capacity and areas undergoing shifts in predominant land use; and

2. Any existing or future land use maps or zoning maps that have been adopted by local governments included in the Interim Plan, and a general description of any changes to these documents anticipated by the local government(s) during the first five years after plan preparation.

(g)

Needs and Goals:

1. Local governments should assess their needs and include any community goals they may have for the planning elements listed above.

2. If a local government wishes to allow exemptions from impact fees for affordable housing or projects offering extraordinary economic benefits to the community as allowed by DIFA, policies regarding these exemptions must be included in the Interim Plan or in the CIE.

(5)

Procedural Requirements:

Interim Plans shall be subject to the procedural requirements outlined below:

(a) Public Participation: All local governments participating in the Interim Plan must hold one public hearing prior to the submittal of their draft Interim Plan and CIE to the department for review.

(b) Plan Submittal: No Interim Plan shall be submitted without a CIE. Each local government that intends to adopt an Interim Plan must take official action, by resolution, authorizing the transmittal of the interim plan to the department for review. The transmittal may be made at the public hearing required in (a), above, or within seven days thereafter.

(c)

Review by the Department:

The department shall review the Interim Plan for compliance with the planning requirements outlined at (4), above. Within 30 days after submittal of the Interim Plan for review, the department shall, in writing:

1. Notify the local government that the Interim Plan meets the planning requirements outlined above; or

2. Notify the local government that the Interim Plan does not meet the planning requirements outlined above and identify any deficiencies that need to be reconciled in order for the Interim Plan to meet the requirements.

(d) Opportunity for Regional Development Center Comment: Upon submittal of the draft Interim Plan to the department for review, a copy of the transmittal notice, the draft plan and the CIE must also be forwarded to the appropriate regional development center. The regional development center has ten days from receipt of the Interim Plan to submit written comments for consideration in the review process.

(e)

Local Government Action:

1. Upon notification from the department that the Interim Plan meets the planning requirements outlined above, the local government may adopt the Interim Plan.

If the department finds that the Interim Plan does not meet the planning requirements, the local government may either:

(i) Revise the draft as recommended by the department and resubmit the Interim Plan for review; or

(ii) Adopt the plan as originally submitted. However, unless an Interim Plan is found by the department to be in compliance with the planning requirements outlined above, the submitting local government will not be eligible to impose, nor an within that jurisdiction to collect, impact fees.

3. Within seven days of adoption of the Interim Plan, the governing body of the submitting local government shall notify the department that the Interim Plan has been adopted. The submitting local government shall, at this time, also forward a copy of the approved Interim Plan and CIE to the appropriate regional development center and the Authority, along with notice that the Interim Plan has been found by the department to be in compliance with the Interim Local Government Planning Standards.

(f) Department Action: Upon receiving notice that the submitting local government has adopted an approved Interim Plan and CIE, the department will issue a letter certifying that the local government has met the Interim Local Government Planning Standards and the CIE requirements outlined in Rule 110-3-2-.07 .

(g) Interim Plan Amendments: Amendments to Interim Plans shall follow the procedures for local plan amendments outlined in Rule 110-3-2-.06 , Minimum Procedural Standards.

History

• Authority: O.C.G.A. Sec. 50-8-1et seq
• History. Original Rule entitled "Interim Local Government Planning Standards for Development Impact Fee Compliance" adopted. F. Oct. 29, 1992; eff. Nov. 18, 1992.

Subject 110-3-3 Rules for Hotel Motel Tax Reporting and Hotel Motel Tax Performance Review Board

Ga. Comp. R. & Regs. r. 110-3-3-.01 Purpose and Overview

(1) Report Overview. O.C.G.A. 48-13-56 requires each county or municipality imposing a Hotel Motel Tax, as a condition of continuing its authorization to impose the tax, to file an annual report with the Department of Community Affairs (DCA) specifying the rate of taxation and amounts collected and expended pursuant to the law. It further requires that these reports be filed as specified by rule of DCA.

(2) Performance Review Board Overview. O.C.G.A. 48-13-56.1 creates a Hotel Motel Tax Performance Review Board to conduct, or cause to be conducted, a thorough and complete investigation of complaints with respect to all actions of a county, municipality, or any other entity regarding its expenditure of funds received from a tax under O.C.G.A. 48-13-56 and such county's, municipality's, or other entity's compliance with state law and regulations. It further specifies that the Commissioner of Community Affairs shall promulgate such rules and regulations as may be necessary for the administration of this Code section.

(3) Purpose. The purpose of this rule is to establish the reporting mechanism required by O.C.G.A. 48-13-56 and to establish rules and regulations for the administration of the Hotel Motel Tax Performance Review Board required by O.C.G.A. 48-13-56.1 .

History

• Authority: O.C.G.A. § 48-13-56, et seq
• History. History. Original Rule entitled "Purpose" adopted. F. Dec. 12, 1990; eff. Jan. 1, 1991.
• Repealed: New Rule of same title adopted. F. Nov. 25, 1991; eff Dec. 15, 1991.
• Repealed: New Rule of same title adopted. F. Aug. 5, 1996; eff. Aug. 25, 1996.
• Repealed: New Rule of same title adopted F. Feb. 7, 2005; eff. Feb. 27, 2005.
• Amended: New title, "Purpose and Overview." F. Aug. 7, 2026; eff. Aug. 27, 2026.

Ga. Comp. R. & Regs. r. 110-3-3-.02 Hotel Motel Tax Report

(1) Format. DCA shall develop and/or amend forms as necessary for the submission of the information required under O.C.G.A. 48-13-56 . These forms shall be titled the Hotel Motel Tax Report and will require local governments to report Hotel Motel Tax receipts, expenditures, and related information as provided in O.C.G.A. 48-13-56 for the most recently completed fiscal year.

(2) Ordinance. All local governments collecting a Hotel Motel Tax must file a copy of the most current enabling resolution or local government ordinance authorizing the collection of a Hotel Motel Tax with the Department of Community Affairs.

History

• Authority: O.C.G.A. § 48-13-56, et seq
• History. Original Rule entitled "Report Submittal Rules" adopted. F. Dec. 12, 1990; eff. Jan. 1, 1991.
• Repealed: New Rule of same title adopted. F. Nov. 25, 1991; eff. Dec. 15, 1991.
• Repealed: New Rule entitled "Hotel/Motel Tax Report" adopted. F. Aug. 5, 1996; eff. Aug. 25, 1996.
• Repealed: New Rule of same title adopted F. Feb. 7, 2005; eff. Feb. 27, 2005.
• Amended: New title, "Hotel Motel Tax Report." F. Aug. 7, 2026; eff. Aug. 27, 2026.

Ga. Comp. R. & Regs. r. 110-3-3-.03 Report Submittal Rules

(1) Deadlines. The Hotel Motel Tax Report must be submitted to DCA within 180 days of the local governments' fiscal year end.

(2) Report Location. The Hotel Motel Tax Report will be accessible on the DCA website.

(3) Form Revisions. The Department may amend the reporting form, the electronic filing format, and the submittal method as it deems necessary to better serve the needs of the users of the reports, and/or to update the report for changes in the informational requirements of Generally Accepted Accounting and Financial Reporting Standards or to accommodate requirements surrounding the collection of information.

History

• Authority: O.C.G.A. § 48-13-56, et seq
• History. Original Rule entitled "Definitions" adopted. F. Dec. 12, 1990; eff. Jan. 1, 1991.
• Repealed: New Rule of same title adopted. F. Nov. 25, 1991; eff. Dec. 15, 1991.
• Repealed: New Rule entitled "Report Submittal Rules" adopted. F. Aug. 5, 1996; eff. Aug. 25, 1996.
• Repealed: New Rule of same title adopted. F. Feb. 7, 2005; eff. Feb. 27, 2005.
• Amended: F. Aug. 7, 2026; eff. Aug. 27, 2026.

Ga. Comp. R. & Regs. r. 110-3-3-.04 Penalties for Reporting Noncompliance

(1) Noncompliance. A local government's continued failure to submit an annual report within the required time frame will result in the notification of the Performance Review Board of the government's delinquent status. Continued failure shall mean no submissions have been received for any of the 3 most recently completed fiscal years.

History

• Authority: O.C.G.A. § 48-13-56, et seq
• History. Original Rule entitled "Hotel/Motel Tax Reporting Forms" adopted. F. Dec. 12, 1990; eff. Jan. 1, 1991.
• Repealed: New Rule of same title adopted. F. Nov. 25, 1991; eff. Dec. 15, 1991.
• Repealed: New Rule entitled "Penalties for Noncompliance" adopted. F. Aug. 5, 1996; eff. August 25, 1996.
• Repealed: New Rule of same title adopted F. Feb. 7, 2005; eff. Feb. 27, 2005.
• Amended: New title, "Penalties for Reporting Noncompliance." F. Aug. 7, 2026; eff. Aug. 27, 2026.

Ga. Comp. R. & Regs. r. 110-3-3-.05 Hotel Motel Tax Performance Review Board and Complaint Standards

(1) Membership. The membership and terms of office of the Hotel Motel Tax Performance Review Board shall be as specified in O.C.G.A. 48-13-56.1 .

(2) Meetings. The Hotel Motel Tax Performance Review Board shall meet annually between September 1 and December 1 to review complaints filed in accordance with paragraph (4) of this Chapter, as well as to satisfy the requirements of O.C.G.A. 48-13-56.1 . DCA shall give notice to all interested parties of the meeting place and time.

(3) Forms. DCA shall develop and/or amend forms as necessary for the submission of complaints from interested parties.

(4)

Minimum Standards

.

(a)

Complaints must be related to impermissible expenditures of or failure to appropriately expend Hotel Motel Tax receipts collected by a local government in the current or most recently ended fiscal year. A complaint may involve a local government or other entities authorized by the local government to expend Hotel Motel Tax revenues. Complaints that may not be considered include:

1. Complaints regarding contractual disputes;

2. Complaints regarding funds collected prior to the most recently ended fiscal year;

3. Complaints regarding funds from previous corrective actions by the Performance Review Board, without providing sufficient evidence demonstrating a new instance of impermissibility.

(b)

Examples of impermissible expenditures may include, but are not limited to:

1. Expenditures not meeting the definition of Tourism Product Development;

2. Expenditures not meeting the definition of Tourism, Conventions and Trade Shows;

3. Non-compliance with the required budget plan;

4. Expenditures by an organization not permitted under O.C.G.A. 48-13-51 ;

5. Collection of the tax without compliance with state law and regulations, including instances of reporting non-compliance;

6. Other circumstances as determined by the Performance Review Board or provided in Hotel Motel Tax statute.

(c)

Complaints based solely on immaterial expenditure timing issues will not be considered valid complaints. For the purposes of these Rules, the threshold for expenditure timing materiality shall be:

1. Instances where the restricted expenditures from a fiscal year are less than the budgeted amount referred to in O.C.G.A. 48-13-51(j) by at least 25% of the budgeted restricted amount for the fiscal period in question.

(d) Complaints may be submitted by taxpayers, local governments, innkeepers, or private sector nonprofit organizations.

(e) Findings of Noncompliance in Audited Financial Statements submitted to the Department of Community Affairs by the Department of Audits and Accounts will be investigated as valid complaints provided that they meet the threshold for materiality listed in paragraph (4)(c) of this Chapter.

(f) Complaints must cite the code section of Georgia law which pertains to the specific Hotel Motel Tax authorization of the government named in the complaint and must Provide sufficient evidence documenting one or more of the alleged misuses provided in paragraph 4(b) of this chapter.

(g) Complaints that fail to meet the criteria listed in paragraph (4) of this Chapter may be rejected for failing to meet minimum standards.

(h) A nonrefundable filing fee of $100 must be submitted with each complaint filed with DCA. The filing fee may be waived at the sole discretion of the Commissioner of DCA.

(5) Timeline. Complaints must be received by DCA no later than June 1 at 5:00 pm to be considered by the Hotel Motel Tax Performance Review Board in the meeting(s) held between September 1 and December 1 and must be submitted to the Department of Community Affairs in the manner and format specified by the department.

History

• Authority: O.C.G.A. § 48-13-56, et seq
• History. Original Rule entitled "Hotel Motel Tax Performance Review Board and Investigation of Complaints" adopted. F. Feb. 7, 2005; eff. Feb. 27, 2005.
• Amended: F. Apr. 3, 2008; eff. Apr. 23, 2008.
• Amended: New title, "Hotel Motel Tax Performance Review Board and Complaint Standards." F. Aug. 7, 2026; eff. Aug. 27, 2026.

Ga. Comp. R. & Regs. r. 110-3-3-.06 Complaint Processing

(1) Preliminary Report. The Department of Community Affairs shall annually notify the Performance Review Board of any complaints received by the deadline. Using the minimum standards specified in Paragraph (4) of this Chapter, DCA shall evaluate the validity of the complaint. DCA shall review and investigate each valid complaint. DCA shall produce and issue a Preliminary Report of Findings and Recommendations to the subject of the complaint. The subject shall have 30 calendar days to respond to the preliminary report, and any comments received from the subject shall be included in the Preliminary Report of Findings and Recommendations submitted to the Hotel Motel Tax Performance Review Board.

(2)

Board Recommendations.

The Hotel Motel Tax Performance Review Board shall meet to review and discuss the Preliminary Report of Findings and Recommendations for all valid complaints. The Performance Review Board shall direct DCA to make any changes or additions to the Report of Findings and Recommendations, which shall include such evaluations, judgments, and recommendations, as it deems appropriate. The severity and requirements of such recommendations are at the sole discretion of the Board but should take into consideration their enforceability and ability to be implemented within 90-days. Examples of such enforceable actions include but are not limited to:

(a) Require training for staff and the governing body;

(b) Reimbursement of the Hotel Motel Tax fund for ineligible expenditures;

(c) Require a Destination Marketing Organization or other contractor to return Hotel Motel Tax funds to the local government to be expended for the purpose for which they were collected;

(d) Selection of a new Destination Marketing Organization meeting the criteria defined in O.C.G.A. 48-13-50.2 , or other eligible entity;

(e) Creation of, and adherence to, a new budget plan to correct the distribution of revenues;

(f) Other recommendations as determined by the Performance Review Board, with the exception of the termination of the tax. The authority to terminate the tax is reserved for the State Revenue Commissioner in the event that the subject of the complaint does not comply with the remedial action prescribed by the Commissioner of DCA.

(3) Submission to Commissioner. The findings of the Performance Review Board shall be submitted to the Commissioner of DCA within 60 calendar days of the final hearing of each complaint. A copy of such findings shall be provided to the subject of the complaint concurrently.

(4) Corrective Actions. The Commissioner of DCA shall have 30 calendar days to review the findings of the Hotel Motel Tax Performance Review Board. If the Commissioner determines that remedial action is necessary, the subject shall be issued a notice by certified mail, return receipt requested or statutory overnight delivery. The subject shall be given a period of 90 calendar days from the date of the Commissioner's notice to take the necessary remedial action with respect to such findings and shall notify the Commissioner of such remedial action taken. It shall be the local government's responsibility to negotiate, as necessary, with any other entity involved in the complaint to satisfactorily implement the remedial action requirements. If the Commissioner determines that the subject has substantially met the remedial action requirements, but only minor deficiencies remain, the Commissioner may allow up to 30 additional calendar days to correct such minor deficiencies. It shall be the Commissioner's sole discretion as to whether remedial action has been satisfactorily taken. In the event that satisfactory remedial action does not occur within the specified period, the Commissioner of DCA shall immediately notify the State Revenue Commissioner, who is authorized under O.C.G.A. 48-13-56.1 to take appropriate action to enforce compliance with such remedial action, up to and including termination of the tax.

History

• Authority: O.C.G.A. § 48-13-56, et seq
• History. Original Rule entitled "Complaint Processing" adopted. F. Aug. 7, 2026; eff. Aug. 27, 2026.

Ga. Comp. R. & Regs. r. 110-3-3-.07 Performance Review Board Approval of Destination Marketing Organization Alteration

(1) Applicability. O.C.G.A. 48-13-51(k) assigns the Performance Review Board the responsibility to confirm or reject a proposed Destination Marketing Organization alteration for governments which have collected more than $500,000 in taxes per year in any of the three preceding fiscal years.

(2) Process. If the governing authority and Destination Marketing Organization are unable to reach an agreement as to altering or changing the designated private sector nonprofit organization engaged to promote Tourism, Conventions, and Trade Shows, one or both of the entities may file a complaint form as specified in Rule 110-3-3-.05 .

(3) Timeline. Such requests may be filed at any time throughout the year.

(4) Meeting Date. DCA shall select a date for the Performance Review Board's meeting to approve or reject the alteration in question, which can occur during the scheduled annual meeting or otherwise as needed, so long as it occurs within 60 days of the initial request for approval.

(5) Required Information. DCA shall collect the necessary information for the Board to make an informed decision ahead of such meeting, and the Board shall issue a recommendation to the Commissioner for approval or rejection of the alteration based on the eligibility of the new proposed private sector nonprofit organization.

(6)

Criteria for Approval.

The Board shall consider the definitions of Destination Marketing Organization and Private Sector Non-Profit Organization in O.C.G.A.

48-13-50.2

when considering eligibility:

(a) "Destination marketing organization" means a private sector nonprofit organization or other private entity which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986 that is supported by the tax under this article, government budget allocations, private membership, or any combination thereof and the primary responsibilities of which are to encourage travelers to visit their destinations, encourage meetings and expositions in the area, and provide visitor assistance and support as needed.

(b) "Private sector nonprofit organization" means a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986; provide, however, that a county or municipality which has prior to April 1, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for required expenditures with such a private group.

History

• Authority: O.C.G.A. § 48-13-56, et seq
• History. Original Rule entitled "Performance Review Board Approval of Destination Marketing Organization Alteration" adopted. F. Aug. 7, 2026; eff. Aug. 27, 2026.

Subject 110-3-4 Annual Authority Registration and Financial Reporting

Ga. Comp. R. & Regs. r. 110-3-4-.01 Purpose and Overview

(1) Purpose. These rules become effective January 1, 2023. The purpose of these rules is to provide the title and general format of the Annual Authority Registration and Financial Reporting report, to establish means for electronic submission of the report, and to establish due dates for submission of the reports to the Department of Community Affairs.

(2)

Overview.

O.C.G.A. §

36-81-8

and O.C.G.A. §

36-80-16

require:

(a) Local independent authorities must submit an annual report of bonded indebtedness to the Department of Community Affairs. This report shall include the revenues, expenditures, assets, and debts of all funds of the local independent authority and shall describe any actions taken by such local independent authority to incur indebtedness.

(b) All local government authorities authorized to operate in the State of Georgia must register annually with the Department of Community Affairs.

(c) These reports must be filed in such form and at such times as are specified by rule of the Department of Community Affairs. The Department requires the submission of these reports in accordance with this code section and these rules as a condition of independent authorities receiving state appropriated funds from the Department of Community Affairs.

(3) Changes and Interpretation. These rules and regulations may from time to time be revised by the Department. The Department is the final authority for interpretation of these rules.

History

• Authority: O.C.G.A. §§ 36-81-8; 36-80-16
• History. Original Rule entitled "Purpose" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. June 3, 2003; eff. June 23, 2003.
• Repealed: New Rule titled "Purpose and Overview" adopted. F. Nov. 28, 2022; eff. Dec. 18, 2022.

Ga. Comp. R. & Regs. r. 110-3-4-.02 Definitions

For the purpose of these rules, the following words will have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A. § 36-81-8, et seq., will have the meanings contained therein. Terms not defined in these rules, or in O.C.G.A. § 36-81-8, et seq., will have ascribed to them the ordinary accepted meanings such as the context may imply.

(1) "Assets" means all property of a local independent authority as defined by Governmental Accounting and Financial Reporting Standards.

(2) "Bonded Indebtedness" means any long-term debt with an original term of more than one year. It includes revenue bonds and special assessment obligations issued in the name of companies, businesses, or particular agencies, etc.

(3) "Expenditures" means all expenditures/expenses of a local independent authority as defined by Governmental Accounting and Financial Reporting Standards.

(4) "Fiscal Year" means the 12-month accounting and reporting period established by a local independent authority, in accordance with Governmental Accounting and Financial Reporting Standards.

(5) "Governmental Accounting and Financial Reporting Standards" means the standards promulgated by the Governmental Accounting Standards Board (GASB); for financial reporting matters not specifically addressed in the GASB standards, by the American Institute of Certified Public Accountants; and, when specifically applicable, by other regulatory agencies such as the Federal Energy Regulatory Commission, the National Association of Regulatory Utility Commissioners.

(6) "Liabilities" means all financial obligations, including bonded indebtedness, of a local independent authority as defined by Governmental Accounting and Financial Reporting Standards.

(7) "Local Independent Authority" means each local public body corporate and politic created in and for a county, municipality, consolidated government, or combination thereof, which is authorized to issue bonds under the Constitution and laws of this state (O.C.G.A. § 36-81-8 ).

(8) "Revenues" means all income of a local independent authority as defined by Governmental Accounting and Financial Reporting Standards.

History

• Authority: O.C.G.A. §§ 36-81-8; 36-80-16
• History. Original Rule entitled "Report Submittal Rules" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. June 3, 2003; eff. June 23, 2003.
• Repealed: New Rule titled "Definitions" adopted. F. Nov. 28, 2022; eff. Dec. 18, 2022.

Ga. Comp. R. & Regs. r. 110-3-4-.03 Reporting Form

(1) Previous Reports Combined. Pursuant to statutory amendments, the Department has combined the Annual Authority Registration and the Report of Authority Finances reporting forms into the Annual Authority Registration and Financial Report reporting form. This reporting form shall be provided via the Department's website.

(2) Technological Considerations. The reporting form, the electronic filing format, and the submittal method may vary as necessary to address software requirements and other electronic reporting considerations, as determined by the Department.

(3) Modifications. The Department may amend the reporting form, the electronic filing format, and the submittal method as it deems necessary to better serve the needs of the users of the reports, and/or to update the report for changes in the informational requirements of Generally Accepted Accounting and Financial Reporting Standards or to accommodate the collection of information as may be required by the General Assembly or the Governor.

History

• Authority: O.C.G.A. §§ 36-81-8; 36-80-16
• History. Original Rule entitled "Definitions" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. June 3, 2003; eff. June 23, 2003.
• Repealed: New Rule titled "Reporting Form" adopted. F. Nov. 28, 2022; eff. Dec. 18, 2022.

Ga. Comp. R. & Regs. r. 110-3-4-.04 Report Submittal

(1) Required Format. Beginning with fiscal year 2018, each authority shall use the Annual Authority Registration and Financial Report reporting form provided for this purpose by the Department via the Department's website.

(2) Content. Each authority's report must reflect the revenues, expenditures, assets, liabilities and any other such information as may be indicated on the reporting form. Additionally, to the extent required by applicable statute, the report shall provide the necessary information to document completion of any obligatory training requirements for authority board members.

(3) Audited Data Preferred. Audited financial data should be used by all authorities that have a financial audit of their accounting records for the fiscal year being reported. Authorities that have not had an audit of their accounting records for the fiscal period being reported can complete the report using data compiled in a manner that is consistent with generally accepted governmental accounting principles and reporting standards.

(4) Submittal Method. The reporting form shall be filed electronically via the mechanism provided for this purpose by the Department via the Department's website.

(5) Deadline. Each authority shall report based on their fiscal-year-end date. Each authority's report is due within 6 months from the end of each authority's fiscal year end date.

(6) Process Extension. The Department of Community Affairs is authorized to extend the due date for submission of this report if the Department determines that extenuating circumstances prevented the authority from submitting by the required date.

(7) Noncompliance. An authority's failure to submit the Annual Authority Registration and Financial Report to the Department of Community Affairs for any of the three most recently completed fiscal years will result in the withholding of Department funds from that authority until the Department receives the authority's delinquent reports. Authorities with delinquent status will be published on the Department's website.

History

• Authority: O.C.G.A. §§ 36-81-8; 36-80-16
• History. Original Rule entitled "Bonded Indebtedness Survey" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: Rule retitled "Report of Registered Authority Finances". F. June 3, 2003; eff. June 23, 2003.
• Repealed: New Rule titled "Report Submittal" adopted. F. Nov. 28, 2022; eff. Dec. 18, 2022.

Ga. Comp. R. & Regs. r. 110-3-4-.05 Minimum Educational Standards for Regional Industrial Development Authorities

(1) Applicability. Basic economic development training courses for Regional Industrial Development Authority Board members requiring certification by the Department as meeting minimum educational standards shall be subject to this rule.

(2)

Standards.

Courses shall at a minimum have a component on each of the following topics:

(a) Financing. Economic development project financing mechanisms such as bond financing, incentives, tax allocation districts or grants.

(b) Authority Structure. Requirements for authority board membership, ethics and conflicts of interest, or legal structure of authorities.

(c) Project Development. Best practices for project development such as writing memorandum of understandings, strategic planning, or fiscal impact analysis.

(3) Modifications. The Department may amend the minimum educational standards as it deems necessary to accommodate changing needs or expectations or amendments to governing statutes.

(4) Providers. The Department will establish a process for interested parties to request certification of their course offerings pursuant to these minimum educational standards. Courses certified by the Department as meeting the minimum educational standards prescribed by this rule will be subject to periodic recertification and other conditions established by the Department.

History

• Authority: O.C.G.A. § 36-62-5.2
• History. Original Rule entitled "Minimum Educational Standards for Regional Industrial Development Authorities" adopted. F. Nov. 28, 2022; eff. Dec. 18, 2022.

Chapter 110-4 Solid Waste Management

Subject 110-4-1 Solid Waste Management Survey and Full Cost Report and for Solid Waste Management Public Notice

Ga. Comp. R. & Regs. r. 110-4-1-.01 Purpose

(1) O.C.G.A. 12-8-31.1(d) requires each city and county to report annually to the Department of Community Affairs on the status of solid waste management in their jurisdiction. The report shall include, but not be limited to, the amount of solid waste collected, processed, and disposed in the area; progress toward meeting the 25 percent solid waste reduction goal; the remaining permitted capacity of disposal facilities; recycling and composting activities in existence; public information and education activities during the reporting period; and any other pertinent information as may be required.

(2) O.C.G.A. 12-8-39.2 requires each city and county to report to the Department of Community Affairs the total annual cost of providing solid waste management services and to disclose this information to the public. It also authorizes the Department of Community Affairs to develop the forms, rules, and procedures necessary for cities and counties to meet the requirements of this Code section.

(3) The purpose of this rule is to establish the format of the reports and public notice required under O.C.G.A. 12-8-31.1(d) and 12-8-39.2 , the due date for the submission of reports to the Department of Community Affairs, the dates on which public disclosure must be made, and where notice must be disclosed.

History

• Authority: O.C.G.A. Secs. 12-8-39.2, 12-8-39.3, 12-8-31.1(d)
• History. Original Rule entitled "Purpose" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. Jun. 4, 1993; eff. Jun. 24, 1993.
• Repealed: New Rule, same title, adopted. F. Jun. 22, 1995; eff. July 12, 1995.

Ga. Comp. R. & Regs. r. 110-4-1-.02 Definitions

(1) Local government means any county or municipality authorized under the Constitution and laws of this state.

(2) Solid waste management services include all activities that are involved with solid waste collection, transportation, recycling, composting, processing, disposal, and public education.

(3) Total cost means all direct and indirect costs relating to the operation of a local government solid waste management system.

History

• Authority: O.C.G.A. Secs. 12-8-39.2, 12-8-31.1(d)
• History. Original Rule entitled "Report Submittal Rules" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. Jun. 4, 1993; eff. Jun. 24, 1993.
• Repealed: New Rule entitled "Definitions" adopted. F. Jun. 22, 1995; eff. July 12, 1995.

Ga. Comp. R. & Regs. r. 110-4-1-.03 Solid Waste Management Survey and Full Cost Report

The Department of Community Affairs will develop a single form for the submission of the reports required under O.C.G.A. 12-8-31.1(d) and 12-8-39.2. This form will be titled the Solid Waste Management Survey and Full Cost Report and will require local governments to provide information on their collection, recycling, composting, disposal, and public education activities. It will also include a section for each local government to report the total cost of providing local government solid waste management services. Information on the remaining permitted capacity of disposal facilities and the amount of solid waste disposed in them will be collected by the Environmental Protection Division of the Department of Natural Resources.

History

• Authority: O.C.G.A. Secs. 12-8-39.2, 12-8-31.1(d)
• History. Original Rule entitled "Definitions" adopted F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. Jun. 4, 1993; eff. Jun. 24, 1993.
• Repealed: New Rule entitled "Solid Waste Management Survey and Full Cost Report" adopted. F. Jun. 22, 1995; eff. July 12, 1995.

Ga. Comp. R. & Regs. r. 110-4-1-.04 Report Submittal Rules

(1) The Solid Waste Management Survey and Full Cost Report will be mailed with instructions for its completion to all local governments by July 15 of each year. The report must be completed and submitted to the Department of Community Affairs by the close of business on September 30 of the same year.

(2) A copy of the Solid Waste Management Survey and Full Cost Report, with instructions, can be obtained by contacting the department at the address listed below.

(3) The completed report must be submitted to: Georgia Department of Community Affairs Office of Information Services 1200 Equitable Building 100 Peachtree St., N.W. Atlanta, Georgia 30303 (404) 656-3879

History

• Authority: O.C.G.A. Secs. 12-8-39.2, 12-8-31.1(d)
• History. Original Rule entitled "Solid Waste Management Survey and Full Cost Report" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. Jun. 4, 1993; eff. Jun. 24, 1993.
• Repealed: New Rule entitled "Report Submittal Rules" adopted. F. Jun. 22, 1995; eff. July 12, 1995.

Ga. Comp. R. & Regs. r. 110-4-1-.05 Annual Report

Using information obtained from the local government Solid Waste Management Survey and Full Cost Report, and in cooperation with the Environmental Protection Division of the Department of Natural Resources and the Georgia Environmental Facilities Authority, the Department of Community Affairs will annually prepare a report on the status of solid waste management in Georgia. The report will be submitted to the Governor and General Assembly.

History

• Authority: O.C.G.A. Sec. 12-8-31(d)
• History. Original Rule entitled "Annual Report" adopted. F. Jun. 22, 1995; eff. July 12, 1995.

Ga. Comp. R. & Regs. r. 110-4-1-.06 Solid Waste Management Public Notice

(1) The Department of Community Affairs will develop a form for cities and counties to disclose the total annual cost of providing local government solid waste management services in their jurisdiction. This form will be titled the Solid Waste Management Public Notice and will include a press release that must be used by all local governments. The form will require local governments to disclose to the public the total cost of providing solid waste collection, recycling, composting, disposal, and public education services. The form may also require these costs, in addition to other information, to be expressed on a per capita and per ton basis.

(2) A copy of the Solid Waste Management Public Notice can be obtained by contacting the department at the address listed below. Georgia Department of Community Affairs Office of Information Services 1200 Equitable Building 100 Peachtree St., N.W. Atlanta, Georgia 30303 (404) 656-3879

History

• Authority: O.C.G.A. Sec. 12-8-39.2
• History. Original Rule entitled "Solid Waste Management Public Notice" adopted. F. Jun. 22, 1995; eff. July 12, 1995.

Ga. Comp. R. & Regs. r. 110-4-1-.07 Notice Publication Rules

(1) The Solid Waste Management Public Notice will be mailed to all local governments by July 15 of each year with the Solid Waste Management Survey and Full Cost Report. The Solid Waste Management Survey and Full Cost Report must be completed and submitted to the Department of Community Affairs by the close of business on September 30 of the same year. The Solid Waste Management Public Notice must be published in a newspaper of general circulation within 30 days of returning the Solid Waste Management Survey and Full Cost Report to the Department of Community Affairs. In lieu of or in addition to publication in a newspaper, a local government may elect to post the Solid Waste Management Public Notice on its internet web site. Municipalities without web pages may negotiate with the county in which they are located to arrange for posting of the public notice on that county's web site.

(2) The Solid Waste Management Public Notice must be published in the format prescribed and include all required disclosures. A copy of the newspaper publication or printout of the internet web page(s) must be maintained as a part of the local government's formal record as proof of publication.

History

• Authority: O.C.G.A. Sec. 12-8-39.2
• History. Original Rule entitled "Notice Publication Rules" adopted. F. June 22, 1995; eff. July 12, 1995.
• Repealed: New Rule of same title adopted. F. May 23, 2002; eff. July 1, 2002, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-4-1-.08 Penalties for Noncompliance

The names of all local governments that have not submitted a completed Solid Waste Management Survey and Full Cost Report to the Department of Community Affairs by the date and time specified in Rule 110-4-1-.04(1) will be referred to the Director of the Environmental Protection Division of the Department of Natural Resources for administrative enforcement action, which may include civil penalties pursuant to the enforcement provisions of O.C.G.A 12-8-23.1(1).

History

• Authority: O.C.G.A. Sec. 12-8-23.1(1)
• History. Original Rule entitled "Penalties for Noncompliance" adopted. F. Jun. 22, 1995; eff. July 12, 1995.

Subject 110-4-2 REPEALED (110-4-2-.01 thru 110-4-2-.04)

Ga. Comp. R. & Regs. r. 110-4-2-.01 Repealed

History

• Authority: O.C.G.A. Sec. 12-8-39.2
• History. Original Rule entitled "Purpose" adopted F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. Jun. 4, 1993; eff. Jun. 24, 1993.
• Repealed: F. Jun. 22, 1995; eff. July 12, 1995.

Ga. Comp. R. & Regs. r. 110-4-2-.02 Repealed

History

• Authority: O.C.G.A. Sec. 12-8-39.2
• History. Original Rule entitled "Notice Publications" adopted F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. Jun. 4, 1993; eff. Jun. 24, 1993.
• Repealed: F. Jun. 22, 1995; eff. July 12, 1995.

Ga. Comp. R. & Regs. r. 110-4-2-.03 Repealed

History

• Authority: O.C.G.A. Sec. 12-8-39.2
• History. Original Rule entitled "Definitions" adopted F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. Jun. 4, 1993, eff. Jun. 24, 1993.
• Repealed: F. Jun. 22, 1995; eff. July 12, 1995.

Ga. Comp. R. & Regs. r. 110-4-2-.04 Repealed

History

• Authority: O.C.G.A. Sec. 12-8-39.2
• History. Original Rule entitled "Solid Waste Management Full Cost Public Notice" adopted. F. Dec. 10, 1991; eff. Dec. 30, 1991.
• Amended: F. Jun. 4, 1993; eff. Jun. 24, 1993.
• Repealed: F. Jun. 22, 1995; eff. July 12, 1995.

Subject 110-4-3 Minimum Planning Standards and Procedures for Solid Waste Management

Ga. Comp. R. & Regs. r. 110-4-3-.01 Purpose

(1) General: The Standards and Procedures provided herein are for the implementation of the Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq. , and are intended to provide a framework to facilitate and encourage integrated, comprehensive solid waste management planning at the local, multi-jurisdictional, and regional levels. As the Act also established an integral relationship between solid waste planning, reporting, and permitting, the Minimum Standards and Procedures are designed to promote and reinforce the link between solid waste plans, the Solid Waste Annual Survey and Full-Cost Report, and solid waste grants, loans, and facility permits.

(2)

Applicability:

The following Standards and Procedures, including the minimum standards and procedures that are adopted or promulgated from time to time by the Department pursuant to the Administrative Procedure Act, are applicable to all comprehensive solid waste management plans submitted to the Department for their review and approval.

(a) The rules shall also apply to all other facets of the solid waste management planning process as outlined in the Solid Waste Management Act, such as, but not limited to, provisions relating to conflict resolution and to the determination of eligible local governments, or permit consistency. An applicant's eligibility for solid waste grants, loans, and permits is contingent upon a local government having adopted its plan.

(b) The minimum standards and procedures authorized pursuant to O.C.G.A. § 12-8-31.1 , relating to solid waste management planning shall become effective on January 1, 2004 and replace the rules that were previously adopted for this purpose by the Board of Community Affairs which became effective on February 1, 1994.

(c) These minimum planning standards and procedures for solid waste management shall be used to guide the preparation, development, and review of all local government solid waste management plans or short term work program updates that are intended to meet local government requirement eligibility requirements on or after January 1, 2004.

(d) Those local governments with a Short-Term Work Program (STWP) due after January 1, 2004 and before December 31, 2007 are required to report on the plan accomplishments as listed in their approved plan, demonstrate 10 years of disposal capacity from the date of submission of the new STWP, and prepare an implementation strategy that addresses the planning elements in their existing, approved solid waste management plan. The updated implementation strategy will provide a schedule of proposed activities covering the years between the date of submission of the new STWP up to the due date for their next 10 year Solid Waste Management Plan.

(3)

Legislative Intent:

The legislature has provided that solid waste management planning by the State, local governments, and Regional Development Centers within the State is necessary to prevent environmental degradation, to manage resources, and to effectively reduce and manage solid waste for the State and its residents. The State has an interest in promoting and sustaining an effective comprehensive solid waste management strategy that addresses waste reduction, collection, transfer, and disposal.

(a) To achieve that end, the 1990 session of the Georgia General Assembly passed the Georgia Comprehensive Solid Waste Management Act. The Act, among other things, declares that in order to receive a permit, grant, or loan for a solid waste management facility, each city and county shall develop or be included in a comprehensive solid waste management plan. In addition, under the Act, any request for a solid waste handling facility permit or funding for publicly owned and operated solid waste facilities or equipment must be consistent with the solid waste management plans of all affected local governments.

(b) The Act declares that it is the policy of the State of Georgia to educate and encourage generators and handlers of solid waste to reduce and minimize to the greatest extent possible the amount of solid waste which requires collection, treatment, or disposal, through source reduction, reuse, composting, recycling, and other methods, and to promote markets for and engage in the purchase of goods made from recovered materials and goods which are recyclable.

(c) The Act requires the development of a State Solid Waste Management Plan, to which local, multi-jurisdictional, or regional plans must conform. It also required preparation of these Minimum Planning Standards and Procedures for Solid Waste Management, to guide preparation of local, multi-jurisdictional, or regional plans.

(d) Cities and counties are encouraged by the Act to jointly develop multi-jurisdictional and/or regional plans, preparation of which is to be guided by the Minimum Planning Standards and Procedures for Solid Waste Management.

(e)

The Solid Waste Management Act requires that each solid waste management plan meet the following criteria:

1. Each solid waste management plan is to provide for the assurance of adequate solid waste collection capability and disposal capacity within the planning area for at least ten years from the date of plan completion.

2. Each solid waste management plan relying upon a landfill in Georgia for waste disposal, shall have a program in effect to reduce by 25 percent the per capita rate of municipal solid waste disposed statewide in solid waste facilities as compared with the per capita municipal solid waste disposal rate in FY 1992.

3. Each solid waste plan must identify all solid waste handling facilities within the plan's area as to size and type.

4. Each solid waste management plan must identify land areas unsuitable for solid waste handling facilities based on environmental and land use factors.

(f) In addition, the Act requires each local government (or group of jurisdictions which are part of a multi-jurisdictional or regional plan) report annually to the Department on their progress in meeting Statewide solid waste reduction goals and on the costs of solid waste management programs and services within their jurisdiction. The vehicle for providing this information to the Department is the Annual Solid Waste Survey and Full-Cost Report. The information provided by local governments on the Annual Survey and Full-Cost Report must be reasonably consistent with that provided in the local governments' plans and solid waste disposal and landfill capacity reports.

(4) Interpretation: The standards and procedures promulgated hereunder are intended to provide for integrated solid waste management and coordination of solid waste management planning among local, multi-jurisdictional, regional, and state levels within the State of Georgia. Such standards and procedures should be liberally construed to achieve that end.

History

• Authority: O.C.G.A. Secs. 12-8-20et seq., 12-8-31.1
• History. Original Rule entitled "Purpose" adopted. F. Jan. 19, 1994; eff. Feb. 8, 1994.
• Repealed: New Rule of same title adopted. F. Aug. 21, 2003; eff. Sept. 10, 2003.

Ga. Comp. R. & Regs. r. 110-4-3-.02 Definitions

(1) General: For the purpose of these rules, the following words shall have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A. § 12-8-20 et seq. , shall have the meanings contained therein. Terms not defined in these rules, or in O.C.G.A § 12-8-20 et seq. , shall have ascribed to them the ordinary accepted meanings such as context may imply.

(2)

Definitions:

The following terms and definitions shall be used to guide the implementation of the solid waste management planning process.

(a) "Annual Survey" means the survey instrument that is distributed by the Department to local governments on an annual basis in order to compile Georgia solid waste management data. The survey includes the status of local and regional solid waste management activities, the full-cost report, and solid waste reduction practices.

(b) "Board" means the Board of the Georgia Department of Community Affairs.

(c) "Board of Directors" means the Board of Directors of a Regional Development Center.

(d) "Board of Natural Resources" means the Board of the Georgia Department of Natural Resources.

(e) "Capital Costs" means any cost for or associated with the purchase of tangible assets such as land, roads, buildings, and equipment, including improvements, modifications, or additions which increase the value, usefulness, or life of these assets.

(f) "Comprehensive Plan" means any plan by a county or municipality covering such county or municipality or any plan by a Regional Development Center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the Department in accordance with the O.C.G.A. § 50-8-7.1(b) and § 50-8-7.2 .

(g) "Comprehensive Solid Waste Management Plan" means any solid waste management plan by a county or municipality, any group of local jurisdictions agreeing to plan together, or any local or regional solid waste authority, or any plan by a Regional Development Center on behalf of a member county or municipality, covering such county or municipality individually or in conjunction with other local governments prepared pursuant to the minimum standards and procedures for comprehensive solid waste management plans and for implementation of comprehensive solid waste management plans, established by the Department in accordance with O.C.G.A. § 12-8-31.1 .

(h) "Composting" means the controlled biological decomposition of organic matter into a stable, odor-free humus.

(i) ''County'' means any county of the State of Georgia.

(j) ''Days'' means calendar days, unless otherwise specified.

(k) "Department" means the Georgia Department of Community Affairs.

(l) "Developments of Regional Impact" means any project that requires local government action to proceed and that exceeds the minimum thresholds established by the Department. Such procedures and guidelines to govern developments of regional impact shall be promulgated by the Department pursuant to O.C.G.A. § 50-8-7.1(b)(3) .

(m) ''DNR'' means the Georgia Department of Natural Resources.

(n) "Eligible Local Government" means a government has adopted and notified the Department of its adoption of a solid waste management plan and short-term work program update that the Department has determined meets the Minimum Standards and Procedures for Solid Waste Management Planning.

(o)

"Enterprise Fund" means a fund established to account for operations that are financed and operated in a manner similar to private business enterprises:

1. Where it is the intent of the governing body to finance or recover the costs of providing goods or services primarily through user charges; or

2. Where the governing body has decided that periodic determination of revenues earned, expenses incurred, and net income are appropriated for capital maintenance, public policy, management control, accountability, or other related purposes.

(p) "EPD" means the Environmental Protection Division of the Georgia Department of Natural Resources.

(q) "Fee Schedule" means a detailed schedule listing the goods or services provided by a government and any fees, rates, or special taxes assessed or charged for these goods or services.

(r) "Full-Cost Report" means the use of an accounting system that isolates, and then consolidates for reporting purposes, the direct and indirect costs that relate to the operation of the solid waste management system.

(s) "Georgia Comprehensive Solid Waste Management Act" means the Georgia Comprehensive Solid Waste Management Act of 1990, O.C.G.A. § 12-8-20 et seq. , which establishes the statutory authority for local governments to develop solid waste management plans. The Act also requires local governments to report annually to the Department and to the public the amount of solid waste generated and the cost of disposing of that waste.

(t) "Georgia Planning Act" means the Georgia Planning Act of 1989, O.C.G.A. § 50-8-1 et seq. , which establishes the statutory authority for local governments to undertake comprehensive plans which comply with the Minimum Planning Standards and Procedures as established by the Department.

(u) "Governing Body" means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority of a county, municipality, or solid waste authority.

(v) "Household Hazardous Waste" (HHW) means unwanted household products that are labeled as flammable, toxic, corrosive, or reactive.

(w) "Implementation Strategy" means the narrative and year-specific description that each county and municipality must submit as an element of a comprehensive solid waste management plan. An implementation strategy describes how each local government intends to implement its comprehensive solid waste management plan through a ten-year period, including a listing of public actions to be undertaken by the community toward implementation of the comprehensive solid waste management plan and the related costs of such actions. For regional plans, the implementation strategy must also detail solid waste management activities to be undertaken by any regional entity, or by any local government on behalf of other local governments through contracts or other formal arrangements.

(x) "Local Government" means any county, municipality, or other political subdivision of the state.

(y) "Local Plan" means the solid waste management plan for any county or municipality.

(z) "Mediation" means the process to be employed by the Department and/or Regional Development Centers for resolving conflicts which may arise from time to time in the coordinated and comprehensive planning process. Such procedures and guidelines to govern mediation shall be promulgated by the department pursuant to O.C.G.A. § 50-8-7.1(d) .

(aa) "Minimum Standards and Procedures" means the minimum standards and procedures, including the minimum elements which shall be addressed and included for preparation of local, multi-jurisdictional, and regional solid waste management plans, for implementation of local comprehensive plans, and for participation in the coordinated and comprehensive planning process. Minimum standards and procedures may include any elements, standards, and procedures for such purposes prescribed by a Regional Development Center for counties and municipalities within its region and approved in advance by the Department, in accordance with O.C.G.A. § 50-8-1 et seq. , and the rules and guidelines developed by the Department.

(bb) "Mulch" a byproduct typically comprised of materials from land clearing and yard trimmings that have been size-reduced by grinding, chipping, or shredding and used on top of the soil to retain moisture around vegetation or for aesthetic purposes.

(cc) "Multi-Jurisdictional Plan" means a solid waste management plan adopted pursuant to O.C.G.A. § 12-8-31.1 covering one or more counties, municipality or municipalities, or solid waste authority or solid waste authorities.

(dd) "Municipal Solid Waste" means any solid waste derived from households, including garbage, trash, and sanitary waste in septic tanks and means solid waste from single family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trimmings and commercial solid waste but does not include recovered materials, or solid waste from mining, agricultural, or silvicultural operations or industrial processes or operations.

(ee) "Municipality" means any municipal corporation of the state and any consolidated city-county government of the state.

(ff) "Operating Costs" means any costs incurred during the normal course of the operation of a business, government, or organization, including expenditures for items such as salaries, wages, and benefits; supplies and utilities; and gas, oil, and maintenance.

(gg) "Plan Amendment" means a significant action by a local government to change its currently approved solid waste management plan. Amendments shall be deemed necessary when the local government feels conditions have changed dramatically so as to alter the basic tenets of its approved solid waste plan.

(hh) "Plan Approval" means the certification conferred by the Department acknowledging that a local government has prepared, submitted to the regional development center for review, and has received written approval from the Department that their plan, plan amendment, or short-term work program update meets the minimum standards and procedures and may be adopted.

(ii) "Recovered Materials" means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.

(jj) "Recycling" means any process by which materials that would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

(kk)

"Regional Authority" means a group of jurisdictions that have joined together for a single purpose as a legally constituted entity. Regional authorities:

1. Are governed by a Board of Directors which represents the interests of the member jurisdictions;

2. Can incur bonded indebtedness without a public referendum; and

3. Can enter into contracts for the development and operation of facilities.

(ll) "Regional Development Center" means a Regional Development Center established under O.C.G.A. § 50-8-32 .

(mm) "Regional Plan" means a solid waste management plan that addresses one or more of the planning elements on a regional basis. A regional plan shall cover two or more counties and may include one or more municipality within those counties.

(nn) "Short Term Work Program" means that portion of the Implementation Strategy that lists the specific actions to be undertaken annually by the local government over the upcoming five years to implement the approved comprehensive solid waste management plan.

(oo) "Solid Waste" means any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and community activities, but does not include recovered materials; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342 ; or source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended (68 Stat. 923).

(pp) "Solid Waste Disposal and Landfill Capacity Reports" means reports required by DNR Rule 391-3-4-.17 to be filed with the Director of DNR by holders of municipal solid waste disposal and landfill permits showing quarterly amount disposed and remaining landfill capacity.

(qq) "Solid Waste Handling" means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid waste, or any combination of such activities.

(rr) "Solid Waste Handling Facility" means any facility, the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste.

(ss) "Solid Waste Handling Permit" means written authorization granted to a person by the Director of the Georgia Environmental Protection Division to engage in solid waste handling.

(tt) "Source Reduction" means actions taken to prevent the generation of waste in the first place.

(uu) "Subtitle D" means the 1991 amendments to Subtitle D of the Resource Conservation and Recovery Act, 40 CFR Part 257 and 258 . These amendments, adopted by the State of Georgia in DNR Rule 391-3-4, require, among other things, specific design standards for solid waste landfills, such as synthetic liners, leachate collection and treatment, groundwater monitoring, and methane collection systems, intended to extend an extra measure of protection to air and water quality.

(vv) "State Agency" means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia.

(ww) "State Plan" means the State Solid Waste Management Plan prepared by the Georgia Department of Community Affairs and the Georgia Department of Natural Resources, including any revisions or amendments thereto.

(xx) "Waste Stream Analysis" means an inventory and analysis of the solid waste stream, including amounts of waste being generated and/or disposed, the source of the waste (i.e., residential, commercial), and a characterization of the waste by composition (i.e., paper, food, yard trimmings). A waste stream analysis also includes a percentage accounting of the waste stream by source and by composition.

(yy) "Waste to Energy Facility" or WTE means a solid waste handling facility that provides for the extraction and utilization of energy from municipal solid waste through a process of combustion.

History

• Authority: O.C.G.A. Secs. 12-8-20et seq., 12-8-31.1
• History. Original Rule entitled "Definitions" adopted. F. Jan. 19, 1994; eff. Feb. 8, 1994.
• Repealed: New Rule of same title adopted. F. Aug. 21, 2003; eff. Sept. 10, 2003.

Ga. Comp. R. & Regs. r. 110-4-3-.03 Duties and Responsibilities

(1) General: Comprehensive solid waste management planning at local and regional levels in the state is critical to assisting communities in meeting the statewide goal of reducing waste, providing for effective solid waste management, and ensuring ten years of collection capability and disposal capacity. In order to effectively implement the planning provisions of the Solid Waste Management Act, ongoing cooperation must occur among local governments, Regional Development Centers, citizens, private industry, and state agencies. The following outlines the responsibilities of those involved with implementing solid waste management planning.

(2)

Department of Community Affairs:

It is the responsibility of the Department to promote the policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive statewide program for effective solid waste management through planning and education.

(a) The Department shall develop, promote, and establish standards and procedures for solid waste management planning; and have plenary authority over solid waste management planning in the State of Georgia.

(b) The Department shall assist local governments by providing technical assistance in preparing and implementing solid waste management plans which address the integrated solid waste management needs of their residents.

(c) The Department shall use all available resources, including the solid waste management plans of local governments to encourage and promote regional alternatives for solid waste management.

(d) The Department shall undertake and carry out such activities as may be necessary to mediate or otherwise assist in resolving conflicts relating to the solid waste management planning process, in the same manner as those procedures established pursuant the Georgia Planning Act, O.C.G.A. § 50-8-1 et seq.

(e) The Department shall coordinate solid waste management planning responsibilities outlined in the Act with those of other state agencies, Regional Development Centers, and local governments.

(f) The Department shall review all solid waste management plans and amendments for consistency with the Minimum Planning Standards and Procedures. For plans found to be in compliance, the Department will issue a letter notifying the Regional Development Center serving the local government(s) within the planning jurisdiction that the plan is eligible for local adoption. Once the Department receives written confirmation that all local governments in a multi-jurisdictional plan, or the local government in a single plan, have adopted the plan, the Department will notify the local government(s) in writing that their plan is approved and they are eligible for municipal solid waste handling and/or facility grants, loans, and permits.

(g) The Department may verify reasonable consistency between the data reported by local governments on the Annual Solid Waste Survey and in the Full-Cost Report with the information compiled in each local government's solid waste management plan. Where reporting is found to be in conflict with plans, the Department will require the local government to amend either the report or the plan to reflect actual conditions of solid waste management programs and activities within the jurisdiction.

(h) The Department will compile the results of the Annual Solid Waste Survey and Full-Cost Report, along with information gathered by EPD regarding the amount of solid waste handled by permitted disposal facilities and remaining capacities at permitted landfills, and report that information to the Governor and the General Assembly on an annual basis.

(3)

Department of Natural Resources/Environmental Protection Division:

It is the responsibility of DNR/EPD to promote the policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for effective solid waste management through facility permitting, permit compliance, and enforcement of solid waste management regulations. Accordingly, DNR may undertake the following:

(a)

Review local, multi-jurisdictional, and regional solid waste management plans for:

1. Effective and sound solid waste management strategies;

2. Compliance with DNR rules, regulations, and individual facilities' permit conditions; and

3. Consistency of permit requests with solid waste plans.

(b) Verify ten-year disposal capacity assurance as presented in solid waste plans.

(c) Coordinate with the Department of Community Affairs to verify remaining capacities in permitted disposal facilities.

(d) Compile reports of the amount of waste handled by permitted solid waste disposal facilities and remaining capacities at permitted landfills in Georgia, and provide that information to the Department of Community Affairs by January 1 of each year.

(4)

Local Governments:

It is the responsibility of municipal and county governments in the State of Georgia to serve the public needs by promoting, establishing and implementing sound comprehensive solid waste management planning. Accordingly, the governing body of municipalities and counties shall have the authority and responsibility to:

(a) Develop and implement solid waste management plans at the local, multi-jurisdictional, or regional level. However, no municipality or county shall take any action to adopt a solid waste management plan until receipt of notification from their Regional Development Center that the plan has been reviewed and found by the Department to be consistent with the minimum planning standards and procedures for solid waste management.

(b) Develop, establish, and implement land use regulations that are consistent with the solid waste management plan.

(c) Take all action necessary or desirable to implement the approved and adopted comprehensive solid waste management plan.

(d) Participate in good faith in mediation or other forms of resolving conflicts related to solid waste management plans and regional solid waste management planning issues.

(e) Complete and provide to the Department of Community Affairs a Solid Waste Annual Survey and Full-Cost Report in a timely fashion.

(5)

Regional Development Centers:

It is the responsibility of Regional Development Centers in the State of Georgia to serve the public needs by providing necessary technical assistance to local governments to promote, establish, and implement comprehensive solid waste management planning by municipal and county governments and regional coalitions in conformity with the minimum planning standards and procedures for Solid Waste Management. The specific responsibilities of Regional Development Centers are:

(a) If requested, assist one or more counties or municipalities, or both, in developing, establishing, and/or implementing a solid waste management plan.

(b) To undertake and carry out such planning and technical assistance activities as the Board of Directors or the Department may deem necessary for the development and implementation of solid waste management plans for municipalities and counties, or any combination of the two in its region.

(c)

Specific planning and technical assistance activities may include, but shall not be limited to, the following:

1. A Center may coordinate and provide planning technical assistance to local governments preparing solid waste management plans.

2. A Center may develop and prepare a solid waste management plan for a county or municipality or a combination thereof.

3. A Center may provide technical assistance and/or prepare a solid waste management plan specifically for the purpose of promoting regional alternatives and solid waste management solutions.

4. Each Center shall review solid waste management plans for internal inconsistencies and potential inter-jurisdictional conflicts or conflicts with other local government plans in the region, including but not limited to a local government's Comprehensive Plan.

5. Each Center shall coordinate mediation or other forms of resolving conflicts relating to solid waste management plans among local governments within its region, pursuant to the procedures of Mediation of Interjurisdictional Conflicts adopted by the Board of Directors of the Department of Community Affairs and as amended.

6. Each Center shall also participate in good faith in mediation or other forms of resolving conflicts relating to solid waste management plans when such conflict involves another Regional Development Center.

7. Each Center shall determine the effect of any government's failure to adopt a multi-jurisdictional or regional plan, or an amendment to such, on the ability of the other jurisdictions to successfully implement the plan, and make recommendations to the Department regarding plan acceptance and permit eligibility.

8. Each center shall manage the Development of Regional Impact process according to the procedures and guidelines promulgated by the Department.

(6)

Privately Owned Solid Waste Handling Facilities:

It is the responsibility of privately owned solid waste handling facilities in the State of Georgia to operate in compliance with Georgia Code. Accordingly, in order for a solid waste facility to be considered consistent with the planning standards a solid waste facility must, at a minimum:

(a) When seeking a permit or permit modification, demonstrate that all generating jurisdictions from which waste will be received are part of an approved solid waste management plan and have a strategy to meet, and are actively engaged in meeting, the goal to reduce by 25 percent the per capita rate of municipal solid waste disposed statewide in solid waste facilities as compared with the per capita municipal solid waste disposal rate in FY 1992.

(b) Maintain accurate written records of the amount, in tons, of solid waste received at their municipal solid waste disposal facility.

History

• Authority: O.C.G.A. Secs. 12-8-20et seq., 12-8-31.1
• History. Original Rule entitled "Duties and Responsibilities" adopted. F. Jan. 19, 1994; eff. Feb. 8, 1994.
• Repealed: New Rule of same title adopted. F. Aug. 21, 2003; eff. Sept. 10, 2003.

Ga. Comp. R. & Regs. r. 110-4-3-.04 Minimum Planning Standards

(1)

General:

Pursuant to O.C.G.A. §

12-8-31.1

, the Minimum Planning Standards and Procedures outline the steps required to prepare and implement a local, multi-jurisdictional, or regional solid waste management plan. Since the initial implementation of the minimum planning standards, solid waste planning efforts have resulted in

• the diversion of recyclable materials from the waste stream and provided them as valuable resources for industries,

• created jobs,

• reduced dependency on precious natural resources,

• enhanced environmental stewardship, and

• contributed to the reduction of pollution in many areas across the state.

To maintain the momentum established through past planning efforts, the updated standards provide a framework for plan preparation that requires local governments to: assess the current status of solid waste management within a planning area, determine their solid waste planning needs and goals, and determine how an effective and comprehensive solid waste management program will be implemented within their jurisdiction.

(a) All solid waste management plans must include the following planning elements: waste disposal stream analysis; waste reduction; collection; disposal; land limitation; education and public involvement; and an implementation schedule. Each plan as stated in O.C.G.A. § 12-8-31.1(b) shall, at a minimum, provide for the assurance of adequate solid waste handling capability and capacity within the planning area for at least ten years from the date of completion of the plan.

(b)

The plan shall specifically address

1. an adequate collection and disposal capability;

2. enumerate the solid waste handling facilities as to size and type; and

3. identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors.

(c) All local governments developing solid waste management plans are required to provide adequate opportunity for public participation in the planning process.

(d) As communities re-evaluate their planning process, they may find that there is a need to join with neighboring communities to ensure the efficient and successful implementation of their solid waste management programs. Where applicable, the plan must focus on inter-jurisdictional relations or considerations within each planning element. Multi-jurisdictional plans shall state specific relationships and management responsibilities for each planning element. Regional plans shall state the specific relationships and management responsibilities for each planning element in the plan, clearly identifying those elements which will be managed on a regional basis.

(2)

Minimum Planning Requirements:

Pursuant to O.C.G.A. §

12-8-31.1

, the Department is authorized to establish minimum planning standards and procedures to be addressed by local governments in the solid waste management planning process.

(a) When preparing a solid waste management plan and after determining and declaring the planning area as either a local, multijurisdictional, or regional solid waste management plan, each plan must address the following five core planning elements which shall be preceded by a waste stream analysis and followed by an implementation schedule. Each of the five core elements shall be addressed under routine operating conditions: · waste disposal stream analysis, · waste reduction, · collection, · disposal, · land limitation, · education and public involvement, and · an implementation schedule. Under special conditions resulting from any type of disaster which generates significant volumes of waste and/or special wastes the plan shall identify procedures for the collection, waste reduction (recycling), disposal, and public notification of alternative programs for the commercial and residential waste generated from the disaster.

(b) Multi-jurisdictional plans shall state specific relationships and management responsibilities among the participating governments for each planning element. Regional plans shall identify planning elements that are managed on a regional basis and state the specific relationships and management responsibilities among the participating governments for each element. Nothing in these rules, however, shall be construed to prohibit a community from preparing and submitting a solid waste management plan that exceeds these minimum planning standards and procedures. The minimum requirements for a successful solid waste management plan are specified below:

(3)

Defining the Planning Jurisdiction/Unit.

(a)

Jurisdictions that agree to plan together shall identify all local governments that are included in the solid waste management plan.

1. Jurisdictions that agree to plan together will maintain the planning relationships established in the approved and adopted plan throughout the planning period, including the five-year Short-Term Work Program update.

2. All participating local governments must adopt the Solid Waste Plan, the Short-Term Work Program, Plan Amendments, and/or Plan Updates before the Department will make an eligibility determination for any of the local governments participating in the plan.

3. If any of the participants decide to break from the planning arrangement and pursue solid waste management planning independent of the original group, the approved and adopted plan must be amended, submitted for approval, and adopted by the remaining local governments.

4. Any local government opting out of a multi-jurisdictional or regional plan will immediately become an ineligible government and will remain so until it adopts a full Solid Waste Management Plan that encompasses all the planning elements and covers their jurisdiction.

(b) The introduction to the plan will include, but is not limited to, an overview of the area covered by the plan: location in the state, topographic information, population, seasonal population variation if appropriate, number of households, and types of commercial, manufacturing, and industrial businesses in the planning area.

(4)

Waste Disposal Stream Analysis.

(a) The Waste Disposal Stream Analysis shall provide an inventory of waste stream generators (e.g., residential, commercial, industrial, C&D, etc.), the types of waste they contribute to the waste disposal stream (e.g., paper, plastic, metal, etc.) and an estimate for these various components as a percentage of the total waste stream. It is not anticipated that each local government will conduct its own waste stream characterization study, but may rely upon the waste characterization study conducted by the state or on other comparable information. If another information source is used, it must be identified. If wastes such as inert materials, construction/demolition debris, yard trimmings, tires, industrial sludge, and others are being collected, stored, or disposed of at a solid waste landfill, then the waste stream characterization will include these wastes. Local governments shall also account for fluctuations in quantities disposed due to known events such as seasonal variations in population, public events (e.g., fairs, festivals, concerts), shifts in manufacturing or production processes, landfill bans, etc., and any type of waste generating disaster(s).

(b) Using the information gathered in the inventory phase, extrapolate anticipated waste amounts for the ten-year planning period that is reasonably consistent with population trends and population projections. The waste stream analysis and extrapolation shall begin with the current planning year and extend ten years beyond the year of plan completion. Projections shall be annual projections, unless otherwise noted and shall be reasonably consistent. Methods and assumptions used in calculating daily and annual tonnage, as well as the percentage of composition by source must be documented.

(c) This information will guide local government decisions regarding current and future solid waste management service and facility needs. In addition, this information will provide the basis for creating, implementing, and sustaining programs to help the State achieve a statewide per capita municipal solid waste disposal reduction goal of 25 percent. All decisions in subsequent elements shall relate back to the information presented in this inventory.

(5)

Five Core Planning Elements.

Each of the five core planning elements must relate back to the information provided in the Waste Disposal Stream Analysis and shall include the following steps:

· Inventory and Assessment, and

· Needs and Goals.

Inventory and Assessment: The inventory will provide local governments with basic information about existing programs and infrastructures in order to assess the usefulness of current programs. It must include the following activities:

· Preparation of an inventory of current programs, capacities, and facilities for the five core planning elements including routine operations. Under special conditions resulting from any type of disaster which generates significant volumes of waste and/or special wastes the plan shall identify procedures for the collection, waste reduction (recycling), disposal, and public notification of alternative programs for the commercial and residential waste generated from the disaster.

· Assessment of current programs, capacities and facilities for the five core planning elements shall relate directly to the information provided in the Waste Disposal Stream Analysis and shall include consideration of the implications of current conditions. The assessment should encompass input from the public.

Statement of Needs and Goals: Following the inventory and assessment portion for each of the five core planning elements the plan shall include a statement of current and future needs and goals which reflect the information gathered in the inventory and assessment phase.

(a)

Waste Reduction Element.

1. Provide an inventory of current Waste Reduction and Recycling programs, both public and private. Questions that may be considered include: - Who (which segment(s)) does the program target, how many are served? - What types of recyclables are collected?

Specific items to be addressed, where applicable to a community, are as follows:

(i) Source reduction: Inventory of source reduction programs for residential, commercial, and industrial sectors, such as reuse programs, financial incentives, waste audits, waste exchanges, or industrial process changes.

(ii) Recycling: Inventory of public and private recycling facilities and programs (e.g., drop-off centers, buy-back centers, recovered materials processing facilities, curbside collection programs, and commercial and industrial programs, including those implemented in-house and those operated in cooperation with a local government program).

Yard Trimming Mulching/Composting:

Georgia law specifies: "Effective September 1, 1996, each city, county, or solid waste management authority shall impose restrictions on yard trimmings which are generated in or may ultimately be disposed of in its area of jurisdiction. These restrictions shall include but are not limited to:

(i) A requirement that yard trimmings not be placed in or mixed with municipal solid waste;

(ii) A ban on the disposal of yard trimmings at municipal solid waste disposal facilities having liners and leachate collection systems or requiring vertical expansion within its jurisdiction;

(iii) A requirement that yard trimmings be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling; and

(iv) A requirement that yard trimmings be sorted and stockpiled or chipped, composted, used as mulch, or otherwise beneficially reused or recycled to the maximum extent feasible. Inventory any and all types of composting and mulching programs (e.g., home composting, municipal composting, or limb and stump grinding) or other methods (e.g., inert landfilling, WTE) that keep yard trimmings out of lined landfills. If either or both programs are operated by a public entity, include the processing capacity of the facility(ies) or programs. Also, describe what happens to the yard trimmings after collection (e.g., composted, ground up for mulch, sent to inert landfill, etc.), and how the end product, if any, is distributed.

4. Special Management Items: Inventory of public and private facilities and programs that address items requiring special management procedures such as, but not limited to, electronics, household hazardous waste, lead acid batteries, tires, and white goods.

5. Based on the information reported in the Waste Disposal Stream Analysis, assess if the current waste reduction and recycling program(s) target the appropriate waste generating sector(s) and/or waste stream(s) to achieve the State's 25% per capita waste disposal reduction goal.

6. The needs and goals section provides the opportunity to examine the adequacy of current programs and explore other programmatic options, including costs. Provide a statement of needs and goals based on the assessment of current programs as they relate to targets identified in the Waste Stream Element and the State's 25% per capita waste disposal reduction goal.

(b)

Collection Element.

Provide information on the types of collection arrangements, contracts, agreements, ordinances etc., established to ensure adequate public or private collection capability:

(i) Inventory current solid waste and recyclable collection programs: name(s) and addresses of hauler(s) operating in the jurisdiction - both residential and commercial;

(ii) Types of collection programs (e.g., curbside collection, staffed convenience centers, unstaffed green box system, etc.); and

(iii) Who manages them (e.g., municipally managed, local government contracts with hauler(s), citizens - residential and/or business - contract directly with the hauler, etc.)?

2. If yard trimmings are collected, include a description of the collection method(s) - who collects it and how (curbside or drop off).

3. Address the adequacy of the collection programs as they relate to the overall population in the planning area, population density in specific regions within the planning area and topographic factors that influence collection decisions. If type of service is not 100% over the whole planning area, identify each population segment and the collection method for each segment.

4. If appropriate, identify the frequency of illegal dumping in the planning area and methods for correcting the problem.

5. Are current collection programs adequate for serving present and future community needs and to facilitate progress towards the waste reduction goals? Provide a statement of needs and goals for current and future collection programs which outline a strategy for providing an effective, affordable collection system for the ten-year planning period.

The Plan must also include a contingency strategy for the interim collection of solid waste generated within the local government's jurisdiction in the event the primary collection option becomes interrupted. At a minimum, such a contingency strategy must identify:

(i) What alternative collection option(s) the local government will use on an interim basis; and

(ii) The estimated length of time it will take the local government to bring the contingency collection option(s) on line, if that becomes necessary.

(c)

Disposal Element.

Provide a detailed inventory of current disposal practices.

(i) Disposal: Identify and include the type (e.g., solid waste landfill, tire monofill, inert landfill, construction and demolition landfill), capacity (size and projected remaining life), ownership (public or private), location, and the types of wastes accepted for each disposal facility used or planned to be used during the planning period.

(ii) Thermal Treatment Technologies: Identify and include the type (e.g., waste-to-energy, refuse-derived fuel, wood waste incinerator, tire-derived fuel, co-firing industrial boiler), general facility description, location, ownership (public or private), capacity, types of wastes accepted, and disposal method of residual materials for each facility used or planned to be used during the planning period.

2. Once the inventory is complete, assess if existing facilities and current practices will be adequate throughout the ten-year planning period.

3. Based upon the inventory and assessment provide a statement of needs and goals as they relate to current and future disposal options.

Assurance of ten-year disposal capacity:

Under the Georgia Comprehensive Solid Waste Management Act of 1990, each local government must provide ten-year capacity assurance whether that local government relies on its own landfill, another local government, regional authority, private entity or any combination thereof for disposal of the solid waste generated within the planning jurisdiction. In this element, local governments must identify current disposal practices, the party or parties involved in current disposal practice agreements, the length of time covered by current disposal agreements, and describe the process used to identify and secure future landfill capacity adequate to serve the jurisdiction's disposal needs so that ten full years of disposal capacity is covered by the plan. Capacity assurance agreements can be from one or more facilities as long as the ten-year requirement is met. All disposal agreements shall identify the jurisdiction(s) covered by the agreement and an estimation, based on current disposal information, of waste to be disposed at the facility or facilities. As documentation, local governments shall include

one

of the following as an appendix to the plan:

(i) Some form of formal, written agreement between two or more parties (e.g., an interlocal agreement) which describes a process by which the local government(s) has negotiated waste disposal options with a landfill or landfills covering the ten year planning time frame;

(ii) A written commitment from the owner of a disposal facility certifying sufficient capacity;

(iii) A written commitment of capacity assurance, which identifies the landfill(s) where the waste is disposed, from a commercial or contract solid waste hauler serving a local government.

The Plan must also include a contingency strategy for the interim disposal of the solid waste generated within the local government's jurisdiction in the event the primary disposal option becomes interrupted. At a minimum, such a contingency strategy must identify:

(i) What alternative disposal option(s) the local government will use on an interim basis; and

(ii) The estimated length of time it will take the local government to bring the contingency disposal option(s) on line, if that becomes necessary.

(d)

Land Limitation Element.

Provide an assessment of land areas which, due to natural environmental limitations or land use factors, are considered unsuitable for development for recycling, recovery, composting or solid waste disposal facilities. Include a map identifying the areas determined to be unsuitable for the location of such facilities. Based on the inventory and assessment, communities should develop and include in the plan a strategy to:

1. discourage the location of such facilities in areas identified as unsuitable; and

identify a decision making process for the selection of sites for new solid waste handling facilities. Specific items to be considered are as follows:

(i)

Natural Environmental Limitations:

(I) Water supply watersheds: DNR Rule 391-3-16-.01(7)(c)1 requires that at any location within a small water supply watershed, new solid waste landfills must have synthetic liners and leachate collection systems.

(II) Groundwater recharge areas: DNR Rule 391-3-16-.02(3)(a) requires that in significant groundwater recharge areas, DNR shall not issue permits for new solid waste landfills not having synthetic liners and leachate collection systems.

(III) Wetlands: DNR Rule 391-3-16-.03(3)(e) establishes that solid waste landfills may constitute an unacceptable use of a wetland.

(IV) River corridors: DNR Rule 391-3-16-.04(4)(h) prohibits the development of new solid waste landfills within protected river corridors.

(V) Protected mountains: DNR Rule 391-3-16-.05(4)(l) prohibits the development of new solid waste landfills in areas designated as protected mountains.

(ii)

Criteria for siting:

The following items are criteria for siting solid waste facilities under DNR Rules. Local governments preparing plans should consult with DNR for the most current applicable rules.

(I) Zoning: DNR Rule 391-3-4-.05(1)(a) requires that the site must conform to all local zoning/land use ordinances, and that written verification of such be submitted to EPD.

(II) Airport safety: DNR Rule 391-3-4-.05(1)(c) requires that new solid waste landfill units or lateral expansions of existing units shall not be within 10,000 feet of any public use or private use airport runway end used by turbojet aircraft or within 5,000 feet of any public use or private use airport runway end used by only piston type aircraft.

(III) Flood plains: DNR Rule 391-3-4-.05(1)(d) stipulates that any solid waste landfill located in the 100-year flood plain shall not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the flood plain, or result in a washout of solid waste so as to pose a threat to human health or the environment.

(IV) Wetlands: DNR Rule 391-3-4-.05(1)(e) prohibits the development of solid waste landfills in wetlands, as defined by the U.S. Army Corps of Engineers, unless evidence is provided by the applicant to EPD that use of such wetlands has been permitted or otherwise authorized under all other applicable state and federal laws and rules.

(V) Fault areas: DNR Rule 391-3-4-.05(1)(f) requires that new landfill units and lateral expansions of existing landfills shall not be located within 200 feet of a fault that has had displacement in the Holocene Epoch unless the owner or operator demonstrates to EPD that an alternative setback distance of less than 200 feet will prevent damage to the structural integrity of the landfill unit and will be protective of human health and the environment.

(VI) Seismic impact zones: DNR Rule 391-3-4-.05(1)(g) prohibits the development of new landfill units and lateral expansions in seismic impact zones unless the owner or operator demonstrates to EPD that all containment structures, including liners, leachate collection systems, and surface water control systems are designed to resist the maximum horizontal acceleration in lithified earth material for the site.

(VII) Unstable areas: DNR Rule 391-3-4-.05(1)(h) requires owners or operators of new landfill units, existing landfill units, and lateral expansions located in unstable areas to demonstrate that engineering measures have been incorporated in the landfill unit's design to ensure that the integrity of the structural components of the landfill unit will not be disrupted.

(VIII) Significant groundwater recharge areas: DNR Rule 391-3-4-.05(1)(j) requires new solid waste landfills or expansions of existing facilities within two miles of a significant groundwater recharge area to have liners and leachate collection systems, with the exception of facilities accepting waste generated from outside the county in which the facility is located. In that case, the facility must be totally outside of any area designated as a significant groundwater recharge area.

(iii)

Required applicant actions relating to landfill siting. Applicants should always check with DNR and the local planning jurisdiction to verify procedures for siting solid waste management facilities that include but are not limited to the following:

(I) Disposal facility siting decision: DNR Rule 391-3-4-.05(1)(b) requires that whenever any applicant begins a process to select a site for a solid waste disposal facility, documentation demonstrating compliance with O.C.G.A. § 12-8-26(a) be submitted to EPD; further, whenever any applicant takes action resulting in a siting decision for a publicly or privately owned solid waste disposal facility, documentation demonstrating compliance with O.C.G.A. § 12-8-26(b) be submitted to EPD.

(II) Once a site has been selected, the applicant must conduct a Hydrological Assessment in accordance with the provisions of DNR Rule 391-3-4-.05(1)(k) . Preparation of the land limitation element of a solid waste management plan should comply with the Solid Waste Management Act and the Rules of the Department of Natural Resources (DNR) for Solid Waste Management (Chapter 391-3-4) relating to historic sites, airports, jurisdictional boundaries, access, etc. These documents should be consulted for specifics on land limitations and siting of solid waste management facilities.

(III) If an applicant undertakes the Facilities Issues Negotiation Process pursuant to a facility siting decision, the process will be undertaken in accordance with O.C.G.A. § 12-8-32 and any guidelines issued by the Department pursuant to State law.

2. Provide a statement of needs and goals regarding land limitation issues for the planning area.

Plan Consistency: In order for EPD to issue or renew a permit for a solid waste handling facility the facility or facility expansion must be consistent with a local government solid waste management plan. The plan shall specify a procedure the local government(s) will follow to determine if a proposed facility, public or private, is consistent with the plan. At a minimum, the procedure shall address

(i) how the public will be involved and notified;

(ii) the anticipated impact the proposed facility will have upon current solid waste management facilities;

(iii) the anticipated impact the proposed facility will have upon adequate collection and disposal capability within the planning area; and

(iv) the effect the facility will have upon waste generated within the state achieving the States 25% per capita waste disposal reduction goal.

(c)

Education and Public Involvement Element.

1. Inventory and assess current education programs and public involvement opportunities.

2. Based on the information gathered in the Waste Stream Element, the plan shall discuss the adequacy of the current education programs to target the appropriate waste generating sector(s) and waste stream(s).

Provide a statement of needs and goals based on the assessment of current programs as they relate to goals identified in the Waste Stream and Waste Reduction Elements. Educational program(s) considered in this section must focus on issues such as realistic and responsible solid waste management options, and the individual's responsibility for reducing the amount of solid waste generated, controlling litter, and supporting and participating in the community's solid waste management program(s). All educational programs must have source reduction (generate less waste) as a component.

(i) The establishment of local solid waste citizen advisory councils is encouraged as an effective vehicle for public involvement in local solid waste issues.

(ii)

Specific programs to be considered in the plan are as follows:

(I) Local Government Programs: Include any current or proposed municipal or county education and public involvement programs, including Georgia's Keep America Beautiful affiliate activities, government sponsored volunteer programs, speaker's bureaus, media campaigns, public-private initiatives, and programs provided or coordinated by local government to schools.

(II) Solid Waste Advisory Committee/Task Force: If such exists, include number and composition of membership, the role or function of the group, how the group was established, and other pertinent details.

(III) School System Programs: Include current information on available educational programs.

(IV) Litter Control Programs: Include any local programs, ordinances, or other means of enforcement.

(V) Regional RDC programs: Include any current or proposed regional programs.

(6)

Implementation Strategy.

The final section of the plan is the Implementation Strategy. The Implementation Strategy represents a culmination of information gathered in the preceding elements. After all elements have been inventoried and assessed, and needs and goals have been identified, the plan must identify an implementation schedule for relevant current programs and future planned programs for each element.

(a) Programs identified in the implementation strategy must include specific actions which address the needs and goals expressed in the planning elements and which will help the State reach the statewide waste disposal reduction goal.

(b) Plans and programs presented in the implementation strategy must demonstrate ten-year collection capability and disposal capacity.

(c) The implementation strategy shall identify specific administrative responsibilities, contractual arrangements, and budgeting necessary to implement the Plan.

(d) The suggested presentation format for the Implementation Strategy is a table which identifies the year-by-year schedule for implementing the identified strategies. The table will include the five core elements and shall cover the whole ten-year planning time frame. The title of the table will include the names of all jurisdictions included in the plan. The column titles, across the top of the table will include: "Activity","Years the plan is covering","The party or parties responsible for managing the activity","Estimated cost of proposed programs" (for appropriate elements), and "Funding source." The first five years of the Implementation Strategy will serve as the first Short-Term Work Program. The second half of the Implementation Strategy will be updated in accordance with the planning schedule established and revised from time to time by the Department.

History

• Authority: O.C.G.A. Secs. 12-8-20et seq., 12-8-31.1
• History. Original Rule entitled "Minimum Planning Standards" adopted. F. Jan. 19, 1994; eff. Feb. 8, 1994.
• Repealed: New Rule of same title adopted. F. Aug. 21, 2003; eff. Sept. 10, 2003.

Ga. Comp. R. & Regs. r. 110-4-3-.05 Minimum Procedural Standards

(1) General: Pursuant to O.C.G.A. § 12-8-31.1 , the Department has established minimum procedural standards for use in the preparation, submittal, review, adoption update, and amendment of local, multi-jurisdictional, and regional solid waste management plans.

(2)

Compliance with Standards:

The Georgia Comprehensive Solid Waste Management Act established a deadline for complying with the Minimum Planning Standards and Procedures for Solid Waste Management. The Department shall maintain the official list of governments that are eligible for municipal solid waste disposal facility and/or solid waste handling facility or recycling equipment grants, loans, and permits based on their compliance with these standards, and shall regularly update the list.

(a) Local governments shall prepare, maintain and update, submit for review, and subsequently adopt a solid waste management plan that meets the Minimum Standards and Procedures approximately every ten years in accordance with a schedule established by the Department.

(b) Local governments shall prepare, maintain and update, submit for review, and subsequently adopt a Short-Term Work Program that meets the Minimum Standards and Procedures approximately every five years in accordance with a schedule established by the Department.

(c) Permit requests and applications for solid waste grants and loans must be consistent with programs and facilities identified in the solid waste plan and short-term work program updates.

(3)

Public Participation for Plan and Plan Updates:

All local governments developing and updating solid waste management plans, plan amendments, and short-term work program updates are required to provide adequate opportunity for public participation in the planning process.

(a) Based on the need established in the State Solid Waste Management Plan, local governments may create Solid Waste Citizen Advisory Councils to assist in plan development.

(b)

All local governments must hold a minimum of two public hearings prior to the submittal of their draft solid waste management plan to the Regional Development Center for review. At a minimum, the two hearings will be held 30 days apart to allow for the development of the draft plan. For multi-jurisdictional or regional plans, the two public hearings may be held on behalf of all participating jurisdictions and at a central location in the area served by the plan, as long as the individual governments have followed their public hearing notice procedures and representatives from each jurisdiction were duly notified of the hearing.

1. At least one public hearing must be held prior to the development of the solid waste management plan to inform the public about the purpose of the plan and the process to be followed in the preparation of the solid waste management plan, as well as to elicit community input on needs and goals.

2. At least one additional hearing must be held no sooner than 30 days after the initial public hearing and prior to the submittal of the draft solid waste management plan to the Regional Development Center for review. The purpose of this hearing is to brief the community on the contents of the draft plan, to provide an opportunity for residents to make suggestions, additions or revisions, and to inform the community of when the draft solid waste management plan will be submitted to the Regional Development Center for review. The draft solid waste management plan must be made accessible to the public at the time of announcement of the second public hearing.

3. Local governments should follow the public hearing notification procedures they normally use in announcing and conducting public hearings. A press release may also be issued to stimulate public interest.

(4)

Plan Submittal:

(a) The governing body of the submitting local government, or governments for multi-jurisdictional or regional plans, must take official action, by resolution, authorizing the transmittal of the draft solid waste management plan to the Regional Development Center for review and certifying that the minimum public participation requirements have been met.

(b)

The Regional Development Center shall review solid waste management plan for internal inconsistencies and potential inter-jurisdictional conflicts or conflicts with other local government plans in the region, including but not limited to the local government Comprehensive Plan(s) and the State solid waste management plan. The procedures to be used by a Regional Development Center in reviewing a draft solid waste management plan(s) are as follows:

Within 10 days of receipt of a draft solid waste management plan, the Regional Development Center shall forward a copy of the draft plan to the Department and notify the parties listed below of the availability of the plan for review and comment. This notification shall include, at a minimum, the name(s) of the submitting local government(s); the date of plan submittal; a one-paragraph summary of the major elements of the plan and a date when written comments must be submitted to the RDC.

(i) Local governments within the region that are contiguous to the submitting local government(s) and other local governments within the region that are likely to be affected by the plan; and

(ii) Local governments outside the region that are contiguous to the submitting local government(s) and their Regional Development Center(s).

(iii) The Department and the State Agencies listed on the State Government Contacts for Notification of Solid Waste Management Plan Review list maintained by the Department and periodically sent to RDC Directors.

2. Within 25 days after receipt of the draft solid waste management plan, the Regional Development Center may, at its discretion, conduct a regional review hearing at which any local government, Regional Development Center, or State agency may present its views on the submitted solid waste management plan.

Within 40 days after receiving the draft solid waste management plan, the Regional Development Center shall:

(i)

Complete and finalize their review of the draft plan for internal inconsistencies and potential inter-jurisdictional conflicts or conflicts with other local government plans in the region, including but not limited to the local government's Comprehensive Plan and the State solid waste management plan. Upon completing the review the Center shall:

(I) Notify the Department and local government(s) of any identified conflicts in the draft plan and work with the affected parties to offer specific suggestions that would resolve the conflicts. If the potential conflicts can not be resolved within 40 days after receiving the draft plan, the Center shall notify the Department; or

(II) Notify the Department that the draft plan has been reviewed and no internal inconsistencies, potential inter-jurisdictional conflicts, or conflicts with other local government plans in the region, including but not limited to the local government's Comprehensive Plan and the State solid waste management plan were found.

(ii) Identify opportunities for cooperation and/or coordination with plans of local governments within the region, plans of contiguous local governments outside the region, or any regional solid waste management plan. The Center shall forward these comments in writing along with the plan consistency review findings noted above to the Department.

(c)

Department Plan Review.

Upon receiving the RDC's findings and within 60 days of the RDC having received the draft plan, the Department shall review the plan and determine if it complies with the minimum planning standards and procedures for solid waste management. The Department shall:

(i) Notify the RDC that the draft plan has been reviewed and meets the minimum planning standards and procedures; or

(ii) Notify the RDC that the draft plan does not meet the minimum planning standards and procedures, noting the specific deficiencies in the draft plan.

2. Within 10 days after receiving the Department's review findings, the Regional Development Center shall notify the local government(s) of the findings. A submitting local government that disagrees with the findings may petition the Regional Development Center for a "reconsideration hearing". This hearing shall be scheduled within 15 days after receipt of such a request and held by the Regional Development Center and the Department. Within 10 days after the reconsideration hearing, the Regional Development Center shall either continue or modify the original findings, based upon the Department's ruling, and provide written notice of the decision to the submitting local government.

3. The Department shall make the final determination as to whether a solid waste management plan is in compliance with the Minimum Standards and Procedures.

(d)

Plan Review Notification & Plan Adoption.

If the Department determines that the plan meets the Minimum Standards and Procedures, the local government may:

(i) Adopt the plan as submitted if no suggestions for improvements are made by either the Regional Development Center or the Department; or

(ii) Adopt the plan, with or without any advisory suggested improvements made by either the Regional Development Center or the Department.

(iii) To be considered an "eligible local government," a local government shall not adopt a draft solid waste management plan until they receive a letter indicating the Department has reviewed the draft plan and found it to be consistent with the minimum planning standards and procedures.

If the Department determines that the plan does not meet the Minimum Standards and Procedures, the local government may:

(i) Revise the plan based upon the Regional Development Center's or the Department's comments and submit the proposed revisions to the Regional Development Center and Department for review;

(ii) Disagree with the Regional Development Center's and Department's findings and request a reconsideration hearing; or

(iii) Disagree with the determination and adopt the plan as originally submitted. However, for a local government to be eligible for municipal solid waste disposal facility and/or solid waste handling equipment or recycling equipment grants, loans, and permits, the solid waste management plan adopted must be in compliance with the Minimum Standards and Procedures for solid waste management.

3. After notifying the local government(s) of the draft plan review findings, the Regional Development Center shall work with the local government(s) to ensure the timely adoption of the reviewed draft solid waste management plan. If one or more governments participating in a multi-jurisdictional or regional solid waste plan fails to adopt the plan within 60 days of approval by the Department, the Regional Development Center will determine whether that failure to adopt will negatively affect the other jurisdictions' ability to effectively implement the plan. If there is no negative effect, then the Regional Development Center will recommend to the Department that the jurisdictions adopting the plan receive full eligibility for solid waste grants, loans, and permits. If the Regional Development Center determines that non-adoption by one or more jurisdictions in the plan will have a negative effect on plan implementation, then the Regional Development Center will initiate negotiation and/or mediation between affected jurisdictions. Subsequent to the negotiation and mediation process, jurisdictions failing to adopt a multi-jurisdictional plan will be responsible for preparing their own individual solid waste management plan(s).

4. The governing body of the submitting local government shall notify the Regional Development Center, in writing, within seven days of the adoption of the approved plan. No such adoption shall occur until 60 days after the plan is first submitted to the Regional Development Center for review, 90 days if reconsideration is requested, or unless an express written waiver by the Department is issued. All local governments included in a plan must adopt the plan to be eligible for grants, loans, and permits, unless a written waiver has been granted.

5. The Regional Development Center shall send copies to the Department of all notices of local government adoption within seven days after receiving notification from all the jurisdiction(s) party to a plan that the approved plan has been adopted.

6. Once the Department has received copies of the local government's notice of adoption of the approved solid waste management plan from the Regional Development Center, the Department will issue a letter of eligibility for solid waste permits, grants, and loans to the local governments within the planning area.

7. Notwithstanding anything to the contrary herein, the Department, having plenary authority over the plan approval process, reserves the right to make an independent decision based upon the Minimum Standards and Procedures.

(e) Informal or formal mediation of conflicts relating to local solid waste management plans may be initiated by the Regional Development Center in accordance with the procedures adopted pursuant to the Georgia Solid Waste Management Act.

(5)

Updates to Solid Waste Management Plans.

(a) All local governments shall prepare and submit a complete update to the approved solid waste management plan at least once every ten years in accordance with a schedule established by the Department, in addition to the five-year update to the Short Term Work Program. If any significant solid waste facility or program changes take place within a jurisdiction, an update to the solid waste plan should be initiated to encompass the resultant actions that a major change in facilities or programs will create.

(b)

Five-Year Short-Term Work Program (STWP):

Local governments shall prepare and submit an update to their Implementation Strategy every five years. This update shall include (1) a report of plan accomplishments that must identify the current status of each activity in the existing Short-Term Work Program and (2) a new Short-Term Work Program covering the next five-year planning period. Each STWP update must also include an assurance that the local government(s) have ten years of disposal capacity. An updated version of the documentation submitted with a full Solid Waste Management Plan must be submitted with a Short-Term Work Program update. For the report of accomplishments the local governments shall, at a minimum, indicate activities that:

(a) have been completed;

(b) are currently underway, including an anticipated project completion date if applicable;

(c) have been postponed, with justification; and

(d) have not been accomplished and are no longer being considered for implementation, again with justification and documentation that the basic tenets of the plan are still intact.

(6)

STWP Submittal.

(a) The governing body of the submitting local government, or governments for multi-jurisdictional or regional plans, must take official action, by resolution, authorizing the transmittal of the draft STWP to the Regional Development Center for review and certifying that the minimum public participation requirements have been met.

(b)

The Regional Development Center shall review each STWP for internal inconsistencies and potential inter-jurisdictional conflicts or conflicts with other local government plans in the region, including but not limited to the local government Comprehensive Plan(s) and the State solid waste management plan. The procedures to be used by a Regional Development Center in reviewing a draft STWP are as follows:

Within 10 days of receipt of a draft STWP, the Regional Development Center shall forward a copy of the draft STWP to the Department and notify the parties listed in (i) through (iii) below of the availability of the STWP for review and comment. This notification shall include, at a minimum, the name(s) of the submitting local government(s); the date of STWP submittal; a one-paragraph summary of the major elements of the STWP and a date when written comments must be submitted to the RDC.

(i) Local governments within the region that are contiguous to the submitting local government(s) and other local governments within the region that are likely to be affected by the STWP; and

(ii) Local governments outside the region that are contiguous to the submitting local government(s) and their Regional Development Center(s).

(iii) The Department and the State Agencies listed on the State Government Contacts for Notification of Solid Waste Management Plan Review list maintained by the Department and periodically sent to RDC Directors.

2. Within 25 days after receipt of the draft STWP, the Regional Development Center may, at its discretion, conduct a regional review hearing at which any local government, Regional Development Center, or State agency may present its views on the submitted STWP.

Within 40 days after receiving the draft STWP, the Regional Development Center shall:

(i)

Complete and finalize their review of the draft STWP for internal inconsistencies and potential inter-jurisdictional conflicts or conflicts with other local government plans in the region, including but not limited to the local government's Comprehensive Plan and the State solid waste management plan. Upon completing the review the Center shall:

(I) Notify the Department and local government(s) of any identified conflicts in the draft STWP and work with the affected parties to offer specific suggestions that would resolve the conflicts. If the potential conflicts can not be resolved within 40 days after receiving the draft STWP, the Center shall notify the Department; or

(II) Notify the Department that the draft STWP has been reviewed and no internal inconsistencies, potential inter-jurisdictional conflicts, or conflicts with other local government plans in the region, including but not limited to the local government's Comprehensive Plan and the State solid waste management plan were found.

(ii) Identify opportunities for cooperation and/or coordination with plans of local governments within the region, plans of contiguous local governments outside the region, or any regional solid waste management plan. The Center shall forward these comments in writing along with the STWP consistency review findings noted in section 1 above to the Department.

(c)

Department STWP Review.

Upon receiving the RDC's findings and within 60 days of the RDC having received the draft STWP, the Department shall review the STWP and determine if it complies with the minimum planning standards and procedures for solid waste management. The Department shall:

(i) Notify the RDC that the draft STWP has been reviewed and meets the minimum planning standards and procedures; or

(ii) Notify the RDC that the draft STWP does not meet the minimum planning standards and procedures, noting the specific deficiencies in the draft STWP.

2. Within 10 days after receiving the Department's review findings, the Regional Development Center shall notify the local government(s) of the findings. A submitting local government that disagrees with the findings may petition the Regional Development Center for a "reconsideration hearing". This hearing shall be scheduled within 15 days after receipt of such a request and held by the Regional Development Center and the Department. Within 10 days after the reconsideration hearing, the Regional Development Center shall either continue or modify the original findings, based upon the Department's ruling, and provide written notice of the decision to the submitting local government.

3. The Department shall make the final determination as to whether a STWP is in compliance with the Minimum Standards and Procedures.

(d)

STWP Review Notification & STWP Adoption.

If the Department determines that the STWP meets the Minimum Standards and Procedures, the local government may:

(i) Adopt the STWP as submitted if no suggestions for improvements are made by either the Regional Development Center or the Department; or

(ii) Adopt the STWP, with or without any advisory suggested improvements made by either the Regional Development Center or the Department.

(iii) To be considered an "eligible local government," a local government shall not adopt a draft STWP until they receive a letter indicating the Department has reviewed the draft STWP and found it to be consistent with the minimum planning standards and procedures.

If the Department determines that the STWP does not meet the Minimum Standards and Procedures, the local government may:

(i) Revise the STWP based upon the Regional Development Center's or the Department's comments and submit the proposed revisions to the Regional Development Center and Department for review;

(ii) Disagree with the Regional Development Center's and Department's findings and request a reconsideration hearing; or

(iii) Disagree with the determination and adopt the STWP as originally submitted. However, for a local government to be eligible for municipal solid waste disposal facility and/or solid waste handling equipment or recycling equipment grants, loans, and permits, the STWP adopted must be in compliance with the Minimum Standards and Procedures for solid waste management.

3. After notifying the local government(s) of the draft STWP review findings, the Regional Development Center shall work with the local government(s) to ensure the timely adoption of the reviewed draft short-term work program. If one or more governments participating in a multi-jurisdictional or regional STWP fails to adopt the STWP within 60 days of approval by the Department, the Regional Development Center will determine whether that failure to adopt will negatively affect the other jurisdictions' ability to effectively implement the STWP. If there is no negative effect, then the Regional Development Center will recommend to the Department that the jurisdictions adopting the STWP receive full eligibility for solid waste grants, loans, and permits. If the Regional Development Center determines that non-adoption by one or more jurisdictions in the STWP will have a negative effect on plan implementation, then the Regional Development Center will initiate negotiation and/or mediation between affected jurisdictions. Subsequent to the negotiation and mediation process, jurisdictions failing to adopt a multi-jurisdictional STWP will be responsible for preparing their own individual solid waste management plan(s).

4. The governing body of the submitting local government shall notify the Regional Development Center, in writing, within seven days of the adoption of the approved STWP. No such adoption shall occur until 60 days after the STWP is first submitted to the Regional Development Center for review, 90 days if reconsideration is requested, or unless an express written waiver by the Department is issued. All local governments included in a STWP must adopt the plan to be eligible for grants, loans, and permits, unless a written waiver has been granted.

5. The Regional Development Center shall send copies to the Department of all notices of local government adoption within seven days after receiving notification from all the jurisdiction(s) party to a plan that the approved STWP has been adopted.

6. Once the Department has received copies of the local government's notice of adoption of the approved STWP from the Regional Development Center, the Department will issue a letter of eligibility for solid waste permits, grants, and loans to the local governments within the planning area.

7. Notwithstanding anything to the contrary herein, the Department, having plenary authority over the plan approval process, reserves the right to make an independent decision based upon the Minimum Standards and Procedures.

(e) Informal or formal mediation of conflicts relating to local solid waste management plans may be initiated by the Regional Development Center in accordance with the procedures adopted pursuant to the Georgia Solid Waste Management Act.

(7)

Amendments.

The Minimum Planning Standards and Procedures for Solid Waste Management provide for plan amendments and apply to local, multi-jurisdictional, and regional plans. Generally, a local government solid waste management plan would be subject to an amendment when:

(1) the conditions or policies on which the original plan were based have changed significantly so as to alter the basic tenets of the approved plan; or

(2)

when proposed changes have an effect on another local government.

(a) Minor Amendments. It is not intended that every minor amendment to an approved solid waste management plan be submitted to a Regional Development Center and the Department for review and approval. Proposed amendments which are strictly local in nature and do not have an effect on another local government or change the basic tenets of a solid waste management plan need not be submitted to the Regional Development Center or the Department for review. However, a summary of minor amendments must be submitted annually to the Regional Development Center and the Department along with a statement by the local government(s) that the individual and cumulative effects of the minor amendments do not significantly alter the basic tenets of the approved plan. When in doubt as to whether a proposed amendment qualifies for Regional Development Center and Department review, local governments should always consult with their Regional Development Center. For minor plan amendments, one local public hearing (conducted by the local government(s) proposing the amendment) may be held to inform the public of the intended amendment to the plan and to receive suggestions and comments on the proposed amendment. Local governments should follow their own procedures normally used for announcing and conducting local public hearings if it is decided that a local public hearing is needed.

(b)

Major Amendments.

Major plan amendments that must be submitted to the Regional Development Center and Department for review include any changes that would alter the basic tenets of the plan or affect another local government. At a minimum, major plan amendments would include:

1. Changes that affect a local government(s) assurance of 10-year collection capability;

2. Changes that affect a local government(s) assurance of 10-year disposal capacity;

3. Changes that affect a local government(s) strategy for achieving the 25% waste reduction goal;

4. Changes that would alter the identification of land areas unsuitable for a solid waste handling facility; or

5. Changes in any solid waste facilities, such as new facilities or major modifications of existing facilities requiring EPD permits. The above list of potential items that may constitute a major plan amendment is not inclusive. Local governments should consult with their Regional Development Center or the Department if there is any question about whether a proposed amendment should be considered a major amendment.

(c)

For major plan amendments the following procedure applies:

1. One local public hearing must be held by the local government(s) proposing the amendment to inform the public of the intended amendment to the plan and to receive suggestions and comments on the proposed amendment. A written copy of the proposed amendment(s) must be available at this public hearing so that the public will clearly know what changes are being proposed.

2. Local governments should follow the notification procedures normally used for announcing and conducting local public hearings.

3. For multi-jurisdictional and regional plans, one centrally-held public hearing by the jurisdiction(s) proposing the amendment will be considered adequate in meeting this requirement, provided that the individual local government(s) have followed their customary public hearing notice procedures and all local governments party to the plan have been notified.

4. The local government submitting the amendment is required to take official action, by resolution, authorizing the transmittal of the proposed amendment(s) to the Regional Development Center and Department for review. The resolution, at a minimum, should state that local public hearing requirements were met. For multi-jurisdictional or regional plan amendment(s), local governments must also send the Regional Development Center a statement identifying the local government(s) included in the plan that could potentially be affected by the proposed amendment.

5. The Regional Development Center and Department review procedures for major amendments are essentially the same as those review procedures established for new solid waste management plans.

6. In addition to the review procedures for major plan amendments, the Regional Development Center must include in any favorable report of Findings and Recommendations a statement for all local governments included in the plan that the proposed plan amendment does not negatively affect compliance with the following items: the 10-year collection capability; 10-year disposal capacity; the strategy for achieving a 25% reduction goal; the identification of land areas unsuitable for solid waste facilities; and any solid waste facilities requiring EPD permits.

7. In the event that a proposed amendment negatively affects another local government's compliance with the Minimum Planning Standards and Procedures, the affected local government must also take the appropriate action to amend its plan. The Regional Development Center shall inform the affected local government(s) of the solid waste management plan deficiencies that will exist if the proposed amendment is adopted and of the procedure for correcting those deficiencies.

8. Once the major amendment is approved by the Department and adopted locally, the Department will issue a letter to the local government(s) notifying each of its continued status of eligibility to apply for solid waste permits, grants and loans.

9. It is the Regional Development Center's responsibility to review any multi-jurisdictional and regional solid waste management plan amendment(s) for interjurisdictional effects and make recommendations for appropriate action to local governments, when needed.

10. Provided that all of these requirements have been met, local government(s) can proceed with adoption of the plan amendment.

11. If conflicts are identified during the plan amendment review process, the affected local governments should make every attempt to resolve the conflict(s) informally. If this does not prove to be effective, formal mediation, as provided for in the procedures for Mediation of Interjurisdictional Conflicts, may be initiated by any affected local government.

History

• Authority: O.C.G.A. Secs. 12-8-20et seq., 12-8-31.1
• History. Original Rule entitled "Minimum Procedural Standards" adopted. F. Jan. 19, 1994; eff. Feb. 8, 1994.
• Repealed: New Rule of same title adopted. F. Aug. 21, 2003; eff. Sept. 10, 2003.

Chapter 110-5 Local Government Efficiency Grant Program

Subject 110-5-1 Local Government Efficiency Grant Program

Ga. Comp. R. & Regs. r. 110-5-1-.01 Purpose

The purpose of the Local Government Efficiency Grant Program is to provide incentives relating to the consolidation of local government units and local government service delivery programs in those cases where such consolidation will improve efficiency and cost-effectiveness, without disturbing territorial arrangements that already operate in an efficient and cost-effective manner. Pursuant to O.C.G.A. 36-86-4, the Local Government Efficiency Grant Program shall be administered by the Georgia Department of Community Affairs.

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Purpose" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Submitted:Aug. 17, 1995.
• Submitted:Jul. 26, 1996.

Ga. Comp. R. & Regs. r. 110-5-1-.02 Definitions

(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) Georgia Future Communities Commission means a study committee Created during the 1995 session of the General Assembly pursuant to H.R. 324.

(5)

Local Government Efficiency Grant

means a grant provided under the Local Government Efficiency Grant Program for one of the following purposes;

(a) Conducting an efficiency assessment to determine the need for and desirability of consolidating local government units or local government service delivery programs (including privatization of such programs) or both;

(b) Planning for the consolidation of local government units or local government service delivery programs (including privatization of such programs) or both, when it has been determined that such consolidation is needed and desirable;

(c) Implementing the consolidation of local government units or local government service delivery programs (including privatization of such programs) or both, where it has been determined that such consolidation is needed and desirable and a plan has been developed for carrying out the consolidation, or furthering the efficiency and effectiveness of a single consolidated local government's service delivery programs; or Authority O.C.G.A. Sec. 36-86-4 and Sec. 50-8-8 .

(d) Assisting the Georgia Future Communities Commission with its study of governing structures, growth and development patterns, service delivery, and the distribution of the benefits and burdens associated with growth and economic prosperity; and with its development of recommended solutions and an implementation plan.

(6) Local Government Unit means each county in the state, each municipality in the state, each consolidated government in the state, and each local authority in the state that operates any local government service delivery program but does not include local school systems.

(7) Service or Local Government Service means any and all services provided by a local government unit.

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Definitions" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Submitted:Aug. 17, 1995.
• Submitted:Jul. 26, 1996.

Ga. Comp. R. & Regs. r. 110-5-1-.03 Grant Availability

Effective September 1, 1995, the Department will accept and review grant applications on a year-round basis. The Department will notify potential applicants of funding availability at least twice during the fiscal year.

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Grant Competitions" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Submitted: Repealed, Grant description entitled "Grant Availability" received Aug. 17, 1995.
• Submitted:Jul. 26, 1996.

Ga. Comp. R. & Regs. r. 110-5-1-.04 Eligible Applicants

(1) Eligible applicants for Local Government Efficiency Grants are two or more local government units, a consolidated government unit, and the Georgia Future Communities Commission. At the time of award all local government units party to an application must be in compliance, where applicable, with Departmental requirements regarding comprehensive planning, solid waste management planning, and local government financial reporting. In addition, all parties must be in compliance with audit filing requirements as specified in O.C.G.A. Section 36-81-7 and local government authorities registration requirements as specified in O.C.G.A. Section 36-80-16 . One of the local government units must be designated as the lead applicant, responsible for administering the grant if such grant is awarded.

(2) Applicants for consolidation planning grants must also have completed an efficiency assessment that either complies with Rule 110-5-10 or is deemed equivalent by the Department.

(3) Eligible applicants may apply for a grant to conduct efficiency assessment and consolidation planning activities simultaneously. Applicants will be required to demonstrate why assessment and planning activities should be conducted simultaneously rather than sequentially.

(4) Applicants for consolidation implementation grants must have completed an efficiency assessment that either complies with Rule 110-5-10 or is deemed equivalent by the Department. The applicant must also have developed a consolidation plan that either complies with Rule 110-5-11 or is deemed equivalent by the Department.

(5) Applicants seeking to consolidate local government units must pass a consolidation referendum and receive Justice Department approval, where required, prior to applying for a consolidation implementation grant.

(6) Applicants must apply for a Local Government Efficiency Grant in a format and manner prescribed by the Department. Grant applications may be received by writing to the Department of Community Affairs at the following address: Department of Community Affairs

ATTN: Local Government Efficiency Grant Program

60 Executive Park South, NE

Room 382

Atlanta, Georgia 30329-2231

History

• Authority: O.C.G.A Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Allocation of Appropriated Grant Funds" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Submitted: Repealed, Grant description entitled "Eligible Applicants" received Aug. 17, 1995.
• Submitted:Jul. 26, 1996.

Ga. Comp. R. & Regs. r. 110-5-1-.05 Eligible and Ineligible Projects

(1) Eligible projects include projects that assess, plan for or implement the consolidation of local government units or local government service delivery programs; projects that further the efficiency and/or effectiveness of a single consolidated government's service delivery programs; and the work of the Future Communities Commission in carrying out its purpose of examining governmental, social and economic issues confronting local governments, assessing the future implications of continuing negative trends, determining changes needed in local government structure to provide for quality of life and economic prosperity, and developing specific proposals for ensuring economic prosperity. Consolidation of local government units includes county-county consolidation; city-county consolidation; city-city consolidation; city-local authority consolidation; local authority-local authority consolidation; and any other combination of local government units as defined in the Act and these rules. Consolidation of local government service delivery programs could include consolidation of services such as police, fire, water and sewer, recreation, code enforcement, etc., or consolidation of separate functions within an existing consolidated government unit.

(2) Ineligible projects include joint projects that do not result in the permanent consolidation of services or units. Intergovernmental agreements are not eligible unless the agreement involves the permanent consolidation of two or more service programs or consolidation of local government units. The construction or renovation of shared facilities by two or more local government units where no programs or units are consolidated is not an eligible project. In addition, the joint purchase of equipment is not an eligible project unless it is part of a consolidation of programs or units.

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Grant description entitled "Eligible and Ineligible Projects" received August 17, 1995.
• Submitted:Jul. 26, 1996.

Ga. Comp. R. & Regs. r. 110-5-1-.06 Eligible and Ineligible Costs

(1) Eligible costs include costs to acquire professional services or fund in-house staff to conduct an efficiency assessment; costs normally associated with developing a consolidation plan or conducting other essential consolidation planning activities; and costs normally associated with one-time expenses related to consolidating services or local government units, including expenses for personnel, supplies, equipment and limited construction costs. Eligible costs also include meeting expenses, research expenses, and other costs incurred by the Future Communities Commission in carrying out its study efforts.

(2) Ineligible costs include general operating costs to provide services, including administrative or overhead expenses, and anything that would violate the gratuities clause of the State Constitution.

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Grant description entitled "Eligible and Ineligible Costs" received August 17, 1995.
• Submitted:Jul. 26, 1996.

Ga. Comp. R. & Regs. r. 110-5-1-.07 Grant Award Amounts and Matching Requirements

The maximum award for all Local Government Efficiency Grants will be set annually by the Board upon recommendation by the Commissioner. Maximum award amounts in any given fiscal year may be waived by the Commissioner with the concurrence of the Board. Eligible applicants receiving a grant award will be required to provide a match of no less than 25% of the grant amount. This matching requirement may be met through cash or in-kind contribution. In-kind means non-cash items such as labor, materials, supplies or services applied directly to the project. The match must be available for expenditure at the time of the grant award. Funds expended prior to the date of the grant award cannot be counted as match. State funds cannot be used as match. Each party to an application must demonstrate how it will contribute to the required local match.

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Grant description entitled "Grant Award Amounts and Matching Requirements" received August 17, 1995.
• Submitted:Jul. 26, 1996.

Ga. Comp. R. & Regs. r. 110-5-1-.08 Review of Grant Applications

Eligible applications will be reviewed by a grant review team to determine the merit of the application and whether such applicant will receive grant funds. In determining whether an applicant will receive a grant award, the grant review team will consider the following factors:

(1)

Efficiency Assessment:

(a) The need for the potential consolidation being assessed;

(b) The number and type of services being assessed for potential consolidation;

(c) The types of local government units being assessed for potential consolidation;

(d) The feasibility of the potential consolidation being assessed; and

(e) Other factors submitted by the applicant and deemed relevant by the Department.

(2)

Consolidation Plan:

(a) The need for the planned consolidation;

(b) Potential cost-savings, increase in quality, or improvement in the equity of service delivery that could be realized by consolidation as determined by the efficiency assessment;

(c) The number of people, as a percentage of population, affected by the planned consolidation as determined by the efficiency assessment;

(d) The time frame anticipated for completing the consolidation plan or other appropriate planning activities; and

(e) Other factors submitted by the applicant and deemed relevant by the Department.

(3)

Consolidation Implementation:

(a) The need for the consolidation to be implemented;

(b) Potential cost-savings, increase in quality, or improvement in the equity of service delivery that could be realized by consolidation as determined by the efficiency assessment;

(c) The number of people, as a percentage of population, affected by the planned consolidation as determined by the efficiency assessment;

(d) Whether implementation costs, as determined by the consolidation plan, appear reasonable; and

(e) Other factors submitted by the applicant and deemed relevant by the Department.

(4)

Future Communities Commission:

(a) The relevance of the proposed use of grant funds to the Commission's purpose of examining governmental, social and economic issues confronting local governments, assessing the future implications of continuing negative trends, determining changes needed in local government structure to provide for quality of life and economic prosperity, and developing specific proposals for ensuring economic prosperity; and

(b) Other factors submitted by the applicant and deemed relevant by the Department.

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Grant description entitled "Review of Grant Applications" received August 17, 1995.
• Submitted:Jul. 26, 1996.

Ga. Comp. R. & Regs. r. 110-5-1-.09 Awarding of Grant Funds

(1) Within 30 days of the receipt of a grant application, the Department will notify the applicant as to whether the grant has been awarded.

(2) Upon selection by the Department to receive a Local Government Efficiency Grant, successful applicants will enter into a contract with the Department specifying the terms and conditions for the receipt of grant funds. At the time such contract is signed by the applicant and the Department, the Department will disburse grant funds to the applicant based on a predetermined payment schedule. Final payment of grant funds will not be made until the applicant fully satisfies the terms of the contract. Applicants will have 45 days from the date of award to accept the contract offer, including any special conditions and/or reduced grant amount. If the applicant fails to accept the contract offer by executing and returning the grant agreement by the end of the 45-day period, the grant award may be withdrawn by the Department.

(3) The Department may approve a grant subject to certain special conditions, which will be incorporated into the grant award contract. Because of the limited amount of funds available, the Department may also award an amount less than the amount requested in the application.

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Grant description entitled "Awarding of Grant Funds" received August 17, 1995.
• Submitted:Jul. 26, 1996.

Ga. Comp. R. & Regs. r. 110-5-1-.10 Content of Efficiency Assessments

Efficiency assessments conducted to determine the need for or desirability of consolidating local government services or local government units must consider the following for each service or government unit being assessed:

(1) The service delivery area and the number and percentage of people served;

(2) The current level of program activity, including productivity and efficiency measures;

(3) The total cost and cost per unit to provide the current level of services; and

(4) Any efficiencies, cost-savings, increase in service quality, or improvement in the equity of service delivery, projected over at least a five-year period, that could be realized by consolidation.

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Grant description entitled "Content of Efficiency Assessments" received August 17, 1995.
• Submitted:Jul. 26, 1996.

Ga. Comp. R. & Regs. r. 110-5-1-.11 Content of Consolidation Plans

Consolidation Planning grant funds may be used to develop a consolidation plan or fund other appropriate planning activities that must be completed before implementing a consolidation of services or local government units. Consolidation plans developed with Local Government Efficiency Grant funds must address the following:

(1) How the consolidation plan integrates with the comprehensive plan of each affected local government unit, if such units are subject to comprehensive planning requirements;

(2) Staffing needs generated by the planned consolidation, including the disposition of current staff and the need for reducing or increasing the current staffing level;

(3) Equipment needs generated by the planned consolidation, including the disposition of current equipment and the need for additional equipment;

(4) Facility needs generated by the planned consolidation, including the disposition of current facilities and the need for renovation or purchase of additional facilities;

(5) Timetable for completion of major tasks necessary to implement the consolidation of services or local government units; and

(6) Breakdown of budgeted costs to implement the consolidation, including, but not limited to, capital improvements, equipment purchases and personnel costs.

History

• Authority: O.C.G.A Secs. 36-86-4, 50-8-8
• History. Original Grant description entitled "Content of Consolidation Plans" received August 17, 1995.
• Submitted:Jul. 26, 1996.

Ga. Comp. R. & Regs. r. 110-5-1-.12 Close-out and Reporting Requirements

Recipients of Efficiency Assessment and Consolidation Planning grants will be required to submit information as specified in a contract with the Department before receiving final payment of grant monies. Recipients of Consolidation Implementation grants will be required to report information to the Department on consolidation efforts and results, as requested by the Department. The Future Communities Commission will be required to Submit its final report and implementation plan and any legislation resulting from its recommendations.

History

• Authority: O.C.G.A Secs. 36-86-4, 50-8-8
• History. Original Grant description entitled "Close-out and Reporting Requirements" received August 17, 1995.
• Submitted:Jul. 26, 1996.

Subject 110-5-2 REPEALED (110-5-2-.01 thru 110-5-2-.06)

Ga. Comp. R. & Regs. r. 110-5-2-.01 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Eligible Applicants" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 28, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-2-.02 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Grant Award Amounts and Matching Requirements" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-2-.03 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Review of Grant Applications" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-2-.04 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Awarding of Grant Funds" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-2-.05 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Content of Efficiency Assessments" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-2-.06 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Combined Efficiency Assessment/Consolidation Planning Grant" adopted. F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Subject 110-5-3 REPEALED (110-5-3-.01 thru 110-5-3-.06)

Ga. Comp. R. & Regs. r. 110-5-3-.01 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Eligible Applicants" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-3-.02 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Grant Award Amounts and Matching Requirements" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-3-.03 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Review of Grant Applications" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-3-.04 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Awarding of Grant Funds" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-3-.05 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Content of Consolidation Plans" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-3-.06 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Combined Efficiency Assessment/Consolidation Plans" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Subject 110-5-4 REPEALED (110-5-4-.01 thru 110-5-4-.05)

Ga. Comp. R. & Regs. r. 110-5-4-.01 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Eligible Applicants" adopted. F. Aug. 12, 1991; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-4-.02 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Grant Award Amounts and Matching Requirements" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-4-.03 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Review of Grant Applications" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-4-.04 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Awarding of Grant Funds" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Ga. Comp. R. & Regs. r. 110-5-4-.05 Repealed

History

• Authority: O.C.G.A. Secs. 36-86-4, 50-8-8
• History. Original Rule entitled "Reporting Requirements" adopted. F. Aug. 12, 1993; eff. Sept. 1, 1993.
• Amended: F. Nov. 23, 1994; eff. Dec. 13, 1994.
• Submitted: Rule repealed, grant description, same title, received Jun. 6, 1995.
• Repealed: August 17, 1995.

Chapter 110-6 Local Development Fund Grants

Subject 110-6-1 Local Development Fund Grants

Ga. Comp. R. & Regs. r. 110-6-1-.01 Purpose

The purpose of the Local Development Fund Grant Program is to provide eligible applicants with limited state financial assistance to meet important local community development or improvement needs without supplanting other major sources of assistance. Pursuant to O.C.G.A. Sec. 50-8-8, the Local Development Fund shall be administered by the Georgia Department of Community Affairs.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original description entitled "Purpose" submitted September 17, 1993.

Ga. Comp. R. & Regs. r. 110-6-1-.02 Definitions

(1) Commissioner means the Commissioner of Community Affairs.

(2) Department means the Department of Community Affairs.

(3) Eligible Applicant means any county, municipality, or consolidated government.

(4) In-kind means any non-cash item(s) or labor donated to the project.

(5) Deleted.

(6) Local Development Fund Grant means a grant provided to an eligible applicant for the purpose of assisting in the planning for and implementation of important local community development or improvement needs.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Definitions" submitted September 17, 1993.
• Submitted: July 30, 1999.

Ga. Comp. R. & Regs. r. 110-6-1-.03 Grant Competitions

(1) The Department shall hold two competition periods per year. The first competition shall be on the first working day of October and the second competition shall be on the first working day of April.

(2) Applications must be received by the Department no later than the first day of a competition.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original description entitled "Grant Competitions" submitted September 17, 1993.

Ga. Comp. R. & Regs. r. 110-6-1-.04 Allocation of Appropriated Grant Funds

Funds appropriated or otherwise made available to the Department for local development fund grants will be allocated at the beginning of the fiscal year among the two competitions as follows:

(a) Up to 60% of the appropriation shall be allocated during the first competition and;

(b) The balance of the appropriation shall be allocated during the second competition.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original description entitled "Allocation of Appropriated Grant Funds" submitted September 17, 1993.

Ga. Comp. R. & Regs. r. 110-6-1-.05 Eligible and Ineligible Activities

(1) Eligible activities include, but are not limited to, downtown development, tourism and related marketing activities, public parking facilities, recreation improvements, community facilities, multi-county solid waste planning, public facilities that comprise the physical foundation of a community, historic preservation of governmental buildings, and activities implementing approved plans prepared in accordance with the Georgia Planning Act of 1989 or the Georgia Comprehensive Solid Waste Management Act.

(2) Ineligible activities include, but are not limited to, basic government services such as general construction of or general improvements to, city halls, county courthouses and public safety facilities. The Local Development Fund cannot be used for administrative, overhead expenses or anything that would violate the gratuities clause of the State Constitution.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original description entitled "Eligible and Ineligible Activities" submitted September 17, 1993.

Ga. Comp. R. & Regs. r. 110-6-1-.06 Eligible Applicants

(1) An eligible applicant, as defined in 110-6-1-.02(3) , may apply for Local Development Fund Grants. If more than one eligible applicant is party to the application then one of the eligible applicants must be designated as the lead agency, responsible for administering the grant if such grant is awarded.

(2)

In order to be eligible to apply for and/or receive a Local Development Fund grant, an eligible applicant must be in compliance with the following:

(a) O.C.G.A. § 50-8-2(a)(18) as it related to a "qualified local government";

(b) The requirements of O.C.G.A. § 36-81-8 ;

(c) If applicable, be eligible to receive solid waste grants, loans and permits as outlined in the Comprehensive Solid Waste Management Act of 1990; and

(d) The requirements of O.C.G.A. Section 36-70-27 .

(3) Eligible applicants must apply for the local development fund grant in a format and manner prescribed by the Department.

(4) Eligible applicants must apply for the Local Development Fund grant in a format and manner prescribed by the Department. Grant applications may be received by writing to the Department of Community Affairs at the following address: Department of Community Affairs

ATTN: Local Development Fund

1200 Equitable Building

100 Peachtree Street

Atlanta, Georgia 30303

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible Applicants" submitted September 17, 1993.
• Submitted Dec. 15, 1993.
• Submitted July 30, 1999.

Ga. Comp. R. & Regs. r. 110-6-1-.07 Grant Award Amounts and Matching Requirements

The maximum award for an individual local development fund grant will be $10,000. The maximum amount for an application submitted jointly by two or more eligible applicants or by a consolidated local government or a regional development center will be $20,000. Eligible applicants receiving a grant award will be required to provide a match no less than dollar for dollar of the grant amount. This matching requirement may be met through cash or in-kind contribution.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original description entitled "Grant Award Amounts and Matching Requirements" submitted September 17, 1993.
• Submitted: Grant description, same title received Nov. 3, 1994.

Ga. Comp. R. & Regs. r. 110-6-1-.08 Review of Grant Applications

Eligible applications received during a competition period will be reviewed by a grant review team to determine the merit of the application and whether such applicant shall receive local development funds. In determining whether an applicant shall receive a grant award, the grant review team will consider the following factors:

(a) The reasonableness of the budget and proposed timetable and a consideration of factors such as permits, ordinances, inter-jurisdictional cooperation, and other funding commitments (i.e., city, county, school, civic association, etc.).

(b) An assessment of the impact of the project on the applicant and community, its described need, and its plan or community strategy. Both positive and negative impacts will be assessed as well as short and long-term impacts.

(c) An assessment of the soundness of the strategy outlined in the application, including the degree of local commitment. In the case of joint applications, the extent to which all participating communities have committed resources to the project.

(d) Other information submitted by the applicant and deemed relevant by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original description entitled "Review of Grant Applications" submitted September 17, 1993.

Ga. Comp. R. & Regs. r. 110-6-1-.09 Awarding of Grant Funds

(1) Within 45 days of the close of a grant competition, the Department will select grant recipients based upon the review criteria outlined at 110-6-1-.08 .

(2) Upon selection by the Department to receive a local development fund grant, the applicant will enter into a contract with the Department specifying the terms and conditions for the receipt of grant funds. At the time such contact is signed by the applicant and the Department, the Department will disburse grant funds to the applicant based on a predetermined payment schedule. Final payment of grant funds shall be contingent on the applicant fully satisfying the terms of the contract.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original description entitled "Awarding of Grant Funds" submitted September 17, 1993.

Ga. Comp. R. & Regs. r. 110-6-1-.10 Terminated

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Awarding of Better Home Town program Grants" submitted March 17, 1997.
• Terminated: July 30, 1999.

Chapter 110-7 Regional Economic Business Assistance Grant Program

Subject 110-7-1 Regional Economic Business Assistance Grant Program Description

Ga. Comp. R. & Regs. r. 110-7-1-.01 Purpose

The purpose of the Regional Economic Business Assistance Grant Program is to develop, promote, sustain, and assist eligible applicants in the performance of their duties and responsibilities under law to their citizens, including, among other duties and responsibilities, the provision of infrastructure and other public works and improvements; the development, promotion, and retention of trade, commerce, industry, and employment opportunities; and the provision of transportation systems, by providing flexible and timely financial assistance for community or economic development projects around the state. Secondarily, the program may also assist with the formulation and implementation of regional or multi-county plans for community or economic development projects or for projects promoting regional or multi-county community or economic development cooperation.

History

• Authority: O.C.G.A. Sec. 50-8, 50-8-3(b)(5), 50-8-8 and Appropriations Act
• History. Original Grant description entitled "Purpose" submitted November 1, 1993.
• Amended: Submitted February 25, 1994.
• Submitted: Grant description, same title, received Jun. 5, 1995.
• Submitted: Dec. 31, 1997.
• Submitted: May 29, 1998.
• Submitted:Nov. 7, 2007.

Ga. Comp. R. & Regs. r. 110-7-1-.02 Definitions

The definitions for purposes of this regulation are identical in all respects to the terms defined in O.C.G.A. 50-34 et seq.

Competitive Project. Competitive Project generally describes a situation where business enterprise is considering no less than two communities as a site for relocation or expansion, where at least one community is outside this state, and at least one, but not more than one, is in this state. A project is not considered a competitive project when the competition involves only the relocation of an existing company from OneGeorgia community to another Georgia community.

History

• Authority: O.C.G.A. § 50-8-8
• History. Original Grant description entitled "Eligible Applicants" submitted Nov. 1, 1993.
• Amended: Submitted Feb. 25, 1994.
• Submitted: Grant description, same title, received Jun. 5, 1995.
• Submitted:Jul. 11, 1995.
• Submitted:Nov. 22, 1996.
• Submitted: Dec. 31, 1997.
• Submitted: May 29, 1998.
• Submitted:Nov. 7, 2007.
• Amended: New title "Definitions". Submitted Dec. 18, 2025.

Ga. Comp. R. & Regs. r. 110-7-1-.03 Eligible Applicants

(1) Eligible applicants and recipients of grant funds awarded under this program shall be general purpose local governments (municipalities and counties), local government authorities, regional development centers, state agencies, and state authorities. All local government units party to an application must be in compliance, where applicable, with the requirements regarding comprehensive planning (O.C.G.A. 50-8-1 et seq. ), report of local government finances (O.C.G.A. 36-81-8[b]), local service delivery strategies (O.C.G.A. 36-70-1 et seq. ), and local government authorities registration (O.C.G.A. 36-80-8 et seq. )

History

• Authority: O.C.G.A. § 50-8-8
• History. Original Grant description entitled "Project Categories and Fund Availability" submitted November 1, 1993.
• Amended: Submitted December 15, 1993.
• Amended: Submitted February 25, 1994.
• Submitted: Grant description entitled "Fund Availability" received Jun. 5, 1995.
• Submitted:Nov. 22, 1996.
• Submitted:Dec. 31, 1997.
• Submitted:May 29, 1998.
• Submitted:Nov. 7, 2007.
• Amended: New title "Eligible Applicants". Submitted Dec. 18, 2025.

Ga. Comp. R. & Regs. r. 110-7-1-.04 Fund Availability

(1) Applications will be accepted throughout the fiscal year and will be reviewed based upon the criteria provided in Rule 110-7-1-.0 6. Eligible applicants must apply for grants under this program in a format and manner prescribed by the Department of Community Affairs (hereafter "Department"). For questions related to the program, contact: Georgia Department of Community Affairs Regional Economic Business Assistance Program Community Development & Finance Division 60 Executive Park South, NE Atlanta, Georgia 30329-2231 www.dca.georgia.gov

(2) The application manual provided will include information outlining program requirements, forms, mailing addresses, telephone numbers of contact persons and other necessary and pertinent information.

History

• Authority: O.C.G.A. § 50-8-8
• History. Original Grand description entitled "Eligible Activities" submitted November 1, 1993.
• Amended: Submitted February 25, 1994.
• Submitted: Grant description, same title, received Jun. 5, 1995.
• Submitted:July. 11, 1995.
• Submitted:Nov. 22, 1996.
• Submitted:Dec. 31, 1997.
• Submitted:May 29, 1998.
• Submitted:Nov. 7, 2007.
• Amended: New title "Fund Availability". Submitted Dec. 18, 2025.

Ga. Comp. R. & Regs. r. 110-7-1-.05 Eligible Activities

(1)

Applicants must demonstrate that they have a viable competitive project and clearly identify the proposed use of the funding. Eligible uses of funds include, but are not limited to:

a. rail access;

b. road improvements;

c. water and sewer improvements;

d. site acquisition and development;

e. drainage improvements;

f. construction projects;

g. capital outlay projects;

h. planning services;

i. technical assistance;

j. agriculture and agribusiness;

k. purchase or lease of equipment or other assets;

l. regional industrial parks;

m. regional facilities;

n. specialized training or educational programs for regional specific industries;

o. any other community or economic development and business assistance activity or purpose identified in O.C.G.A. § 50-8-3(b)(5) or O.C.G.A. § 50-8-8 .

(2) It is important to note that the proposed use of REBA funds will dictate whether the funds can be granted directly to the applicant or if a lease agreement between the applicant and the participating business or private user will also be required.

(3) In general, public acquisition or improvements of public facilities such as water and sewer can be paid for by the applicant with REBA funds and do not require a lease agreement with the participating businesses. Where REBA funds are expended for the public acquisition and/or improvements of privately used land, buildings, machinery and equipment, or other private assets, such land, building, machinery and equipment, or other private assets must be owned or leased by the applicant and leased or subleased to the participating business or private user. REBA funds may also be loaned by the applicant to a participating business or private user for the purchase of land, buildings, machinery and equipment, or other private assets, the terms of which loan shall be determined by the Department. Repayment of such a loan would be made to the Department and used for other economic development projects and programs.

(4) The Department may require the applicant to recapture some or all of the REBA grant if ownership of the project assets are transferred to an entity other than the applicant. Additionally, should the participating business fail to meet the performance standards outlined in the Performance and Accountability Agreement, repayment of REBA funds by the participating business may be invoked as outlined in said agreement. The Department also reserves the right to establish criteria for recapture of grant funds upon transfer of project assets to an entity other than the applicant or upon any event that violates state law, the public purpose of the grant program, or failure to adhere to any of the grant conditions. All recaptured funds must be returned to the Department, unless otherwise specified by the Department.

(5) REBA funds may also be loaned by the applicant to a participating business or private user for the purchase of land, buildings, machinery and equipment, or other private assets, the terms of which loan shall be determined by the Department. Repayment of such a loan would be made to the Department and used for other economic development projects and programs.

History

• Authority: O.C.G.A. § 50-8-8
• History. Original Grant description entitled "Review of Grant Applications" submitted November 1, 1993.
• Amended: Submitted February 25, 1994.
• Submitted: Grant description, same title, received Jun. 5, 1995.
• Submitted:Nov. 22, 1996.
• Submitted:Dec. 31, 1997.
• Submitted:May 29, 1998.
• Submitted: Grant description entitled "Review of Applications" received Nov. 7, 2007.
• Amended: New title "Eligible Activities". Submitted Dec. 18, 2025.

Ga. Comp. R. & Regs. r. 110-7-1-.06 Review of Applications

All applications received from applicants will be reviewed to determine the merit of the applications and the proposed use of funds. In determining whether an applicant shall receive a grant award, the following criteria will be considered:

(a) Project applications will be reviewed based upon enhancement of community or economic development opportunities, including but not limited to, numbers and types of jobs retained and/or created and/or the likelihood of success in leading to the retention of jobs or enhanced job creation; total private capital investment; impact on the state, regional and community tax base; degree of local commitment; consistency with local and regional development goals and objectives; degree of revenue and cost sharing between participating local governments; project readiness; geographic distribution; project feasibility; project impact; and reasonableness of cost estimates.

(b) Recapture of some or all of prior REBA grant funds by the applicant may be considered as a competitive factor in the Department's review of project applications.

(c) All applications for funding from this program must provide written certification from the applicant, addressed to the Department, to the effect that the applicant is authorized under the laws of the State to carry out the project and activities that are the subject of the application and that the proposed expenditure of funds is in accordance with all applicable legal requirements.

(d) All applications must include a recommendation from the Georgia Department of Economic Development whose statutory powers and duties include community and economic development, that the proposed project will significantly develop, promote and or retain trade, commerce, industry, and employment opportunities within the State of Georgia and promote the general welfare of the State. The recommendation is for the purpose of allowing the Department to receive advice and is not intended to delegate in any way the Department's authority to independently determine grant awards.

(e) In its review of applications, the Department may, at its discretion, consult with other individuals or agencies as appropriate for the purpose of receiving advice.

(f) The criteria in this rule ( 110-7-1-.06 ) are designed to assist the Department in making its decision and only constitute minimum standards. Additional factors may be considered depending on the nature of particular projects and their relative merit compared to competing proposals and depending on the availability of funding at the time of application. The decision that the Department makes shall be final and conclusive.

History

• Authority: O.C.G.A. § 50-8-8
• History. Original Grant description entitled "Awarding of Grant Funds" submitted November 1, 1993.
• Amended: Submitted February 25, 1994.
• Submitted: Grant description, same title, received Jun. 5, 1995.
• Submitted:Nov. 22, 1996.
• Submitted:Dec. 31, 1997.
• Submitted:May 29, 1998.
• Submitted: Grant description entitled "Awarding of Funds" received Nov. 7, 2007.
• Amended: New title "Review of Applications". Submitted Dec. 18, 2025.

Ga. Comp. R. & Regs. r. 110-7-1-.07 Awarding of Funds

(1) The award amount per grant shall be based on the nature of the project and the recommendation provided the Georgia Department of Economic Development as outlined in rule 110.7-1-.06(e). Final approval will be granted by the Commissioner of Georgia Department of Community Affairs.

(2) Once selected for funding, grant funds will be made available by the Department through a statement of grant award incorporating by reference the approved final application and adding any general and/or special conditions that may be necessary or appropriate. As part of the grant award conditions, recipients must file a report on the impact and performance of the project, in a format prescribed by the Department, for future use by the Department.

(3) The Department may approve a grant subject to certain general and/or special conditions that will be incorporated into the grant award document. Such conditions may require that an applicant loan REBA funds to the participating business or private user, with terms as prescribed by the Department. Loan repayments would be recaptured by the Department to be used for other economic development projects and programs.

(4) As a condition to the award, the Department may require the recipient and the participating business or private user to execute a Performance and Accountability Agreement. Such an agreement would establish performance standards (such as job creation and private investment), reporting requirements, and conditions for repayment, among other terms, as conditions of the award.

(5) Because of the limited amount of funds available, the Department may also award an amount less than the amount requested in the application. Applicants will have thirty (30) days from the date of award to accept special conditions and/or the reduced grant amount. The Department reserves the right to shorten this period during the last quarter of each fiscal year. If the applicant fails to accept the special conditions or lower grant amount within the required period, the Department may unilaterally withdraw the grant award.

(6) The Department will provide recipients with specific instructions and forms to be used for drawdown of funds under the grant award.

(7) Grant approvals will be issued with an expiration date. If an applicant fails to request a drawdown of funds prior to the expiration date, the application approval will expire and funds will not be issued.

History

• Authority: O.C.G.A. § 50-8-8
• History. Original Grant description entitled "Statement of Conditions" submitted November 22, 1996.
• Submitted:Dec. 31, 1997.
• Submitted:May 29, 1998.
• Submitted:Nov. 7, 2007.
• Amended: New title "Awarding of Funds". Submitted Dec. 18, 2025.

Subject 110-7-2 Regional Assistance Program

Ga. Comp. R. & Regs. r. 110-7-2-.01 Purpose

The purpose of the Regional Assistance Program is to support the development of multi-county and regional economic development projects. Regional economic development projects include, but are not limited to the construction and/or acquisition of regional facilities and multi-county non-construction activities important to regional economic development. Projects must demonstrate significant impact on a region's job growth, job growth potential, regional cooperation, or retention and increased competitiveness of existing industry. Projects should demonstrate significant financial commitment by local governments participating in the project. One or more local governments must demonstrate commitment by each participating unit of local government to improve the level of services related to economic development activities. Private sector participation is encouraged.

History

• Authority: O.C.G.A. Sec. 50-8 and Appropriations Act. O.C.G.A. Secs. 50-8-3(b)(5), 50-8-8
• History. Original Grant description entitled "Purpose" submitted August 19, 1997.
• Submitted: Aug. 10, 1998.
• Submitted: Sept. 10, 1999.

Ga. Comp. R. & Regs. r. 110-7-2-.02 Eligible Applicants

(1) Eligible applicants and recipients of grant funds awarded under this program shall be general purpose local governments (municipalities and counties), local government authorities, joint development authorities, and regional development centers. All applicants must be in compliance, where applicable, with the requirements regarding the Service Delivery Strategy Act (H.B. 489), comprehensive planning, solid waste management planning and reporting, report of local government finances, report of government management indicators and where appropriate, local government authority registration. Any eligible applicant may apply on behalf of a regional cooperative or other regional entity where the applicant agrees to serve as the grantee and fund manager on behalf of the regional entity.

(2) Eligible applicants must apply for grants under this program in a format and manner prescribed by the Department. Grant applications must be submitted in writing to the Department of Community Affairs at: Department of Community Affairs Regional Assistance Program Business & Financial Assistance Division 60 Executive Park South, NE Atlanta, Georgia 30329-2231

(3) The forms provided will include guidelines and information outlining deadlines for submission, mailing addresses, phone numbers of contact persons and other necessary information.

History

• Authority: O.C.G.A. Sec. 50-8-8 and Appropriations Act
• History. Original Grant description entitled "Eligible Applicants" submitted August 19, 1997.
• Submitted: Aug. 10, 1998.
• Submitted: Sept. 10, 1999.

Ga. Comp. R. & Regs. r. 110-7-2-.03 Fund Availability

(1) Grant funds appropriated or otherwise made available to the Department of Community Affairs for this program will be available throughout the fiscal year or until such time as funds are expended. Applicants must meet or exceed established review criteria to be considered for funding.

(2) The Department will establish and announce fund availability. Application guidance and technical assistance will be provided in a manner and form decided by the Department. Applications will be reviewed by the Department in accordance with the criteria as set forth in Section 110-7-2-.05 .

History

• Authority: O.C.G.A. Sec. 50-8-8 and Appropriations Act
• History. Original Grant description entitled "Fund Availability" submitted August 19, 1997.
• Submitted: Aug. 10, 1998.
• Submitted: Sept. 10, 1999.

Ga. Comp. R. & Regs. r. 110-7-2-.04 Eligible Activities

(1) All applicants for multi-county or regional economic development projects must submit an application to the Department, in a format prescribed by the Department. Applicants must demonstrate that they have a viable multi-county or regional community or economic development implementation project and clearly identify the proposed use of the funding.

(2) Eligible uses of funds include, but are not limited to, regional facilities including industrial parks, business parks, conference centers, convention centers, or other similar or related economic development parks, centers, or facilities or any combination thereof; regional water and sewer treatment facilities; regional transportation and communication facilities; integral to the advancement of economic development efforts; consolidation activities for government services integral to the advancement of economic development efforts; regional development planning, studies, marketing and recruitment programs; or any other economic development and business assistance multi-county activity important to regional economic development.

(3) In order to qualify as a multi-county or regional facility, the construction or acquisition project must a) be owned by at least two local governments with the participation of at least two counties, or b) be owned by a joint development authority involving two or more counties. All facilities must operate under a revenue sharing agreement among two or more local governments.

(4) Multi-county or regional activities that do not involve construction such as studies, marketing, professional services, contracts, and other economic development activities must demonstrate service to a multi-county area.

(5) Funds will be available to provide incentives for consolidation activities integral to the advancement of economic development efforts. Consolidation activities include a) assessments of the need and desirability of consolidation of local government services (including privatization of such services); b) planning grants for the consolidation of local government services (including privatization of such services) when it has been determined that such consolidation is needed and desirable; and c) implementation grants for the purpose of carrying out consolidation of local government services (including privatization of such services) where it has been determined that such consolidation is needed and desirable.

History

• Authority: O.C.G.A. Sec. 50-8-8 and Appropriations Act
• History. Original Grant description entitled "Eligible Activities" submitted August 19, 1997.
• Submitted: Aug. 10, 1998.
• Submitted: Sept. 10, 1999.

Ga. Comp. R. & Regs. r. 110-7-2-.05 Review of Grant Applications

(1) All applications received from applicants will be reviewed to determine the merit of the applications and the proposed use of funds. In determining whether an eligible applicant shall receive a grant award, the following criteria will be considered: Project applications will be reviewed based upon enhancement of multi-county or regional economic development opportunities including, but not limited to, numbers and types of jobs to be retained and/or created; impact on the state, regional and community tax base; likelihood of success in leading to the retention of jobs within the multi-county or regional area or enhanced job creation; improved regional competitiveness, long-term economic viability, or other regional impacts identified by the applicant; degree of local commitment and financial support; total private capital investment; level of need evidenced by regional poverty and unemployment rates, fiscal capacity of participating governments, and other demographic factors; consistency with the region's economic development goals and objectives; capacity of the implementing organization; project readiness; project feasibility; and reasonableness of cost estimates.

(2) All applications for funding from this program must provide written certification from the applicant, addressed to the Department, to the effect that the applicant is authorized under the laws of the State to carry out the project and activities that are the subject of the application and that the proposed expenditure of funds is in accordance with all applicable legal requirements.

(3) In its review of applications, the Department may, at its discretion, consult with other individuals or agencies as appropriate for the purpose of receiving advice.

(4) These guidelines are designed to assist the Department in making its decision and only constitute minimum standards. Additional factors may be considered depending on the nature of particular projects, their relative merit and the availability of funding at the time of application. For certain consolidation proposals, funding limits, match requirements, and applicant eligibility requirements may be waived upon recommendation by the Commissioner of Community Affairs. The decision that the Department makes shall be final and conclusive.

History

• Authority: O.C.G.A. Sec. 50-8-8 and Appropriations Act
• History. Original Grant description entitled "Review of Grant Applications" submitted August 19, 1997.
• Submitted: Aug. 10, 1998.
• Submitted: Sept. 10, 1999.

Ga. Comp. R. & Regs. r. 110-7-2-.06 Awarding of Grant Funds

(1) Grants will be available up to $500,000 per multi-county or regional economic development project per year.

(2)

Additional public and/or private sector matching funds are required to receive a RAP award based on the following:

(A)

Applicants for facilities and construction grants in local governments within:

(i) Tier 1 counties or for joint development authorities including a Tier 1 county are not required to match the requested grant amount;

(ii) Tier 2 counties or for joint development authorities including a Tier 2 county must demonstrate that at least one half (50%) of the grant amount requested will be contributed to the total project cost by other sources;

(iii) Tier 3 counties must demonstrate that an equal or greater amount of the grant amount requested will be contributed to the total project cost by other sources.

(B) All applicants for grants for regional, multi-county activities that do not involve construction must demonstrate that at least one half (50%) of the grant amount requested will be contributed to the total project cost by other sources.

(3) Match is defined as public or private funds contributed or committed to the project for which the applicant is requesting assistance. Commitments of funds contingent upon the receipt of grant funds under this program may be counted toward the match requirement.

(4) Once selected for funding, grant funds will be made available by the Department through a grant award statement incorporating by reference the approved final application and adding any conditions that may be necessary or appropriate. As part of the grant award conditions, recipients must file quarterly progress reports on the performance of the project, in a format prescribed by the Department, for future use by the Department.

(5) The Department may approve a grant subject to certain general or special conditions that will be incorporated into the grant award document. The Department reserves the right to change General Conditions from time to time as appropriate. Because of the limited amount of funds available, the Department may also award an amount less than the amount requested in the application. Applicants will have thirty (30) days from the date of award to accept the special conditions and/or the reduced grant amount. The Department reserves the right to shorten this period during the last quarter of each fiscal year. If the applicant fails to accept the General Conditions, special conditions or lower grant amount within the required period, the grant award may be unilaterally withdrawn by the Department.

(6) The Department will provide recipients with application guidelines, specific instructions, and forms to be used for drawdown of funds under the grant award.

History

• Authority: O.C.G.A. Sec. 50-8-8 and Appropriations Act
• History. Original Grant description entitled "Awarding of Grant Funds" submitted August 19, 1997.
• Submitted: Aug. 10, 1998.
• Submitted: Sept. 10, 1999.

Ga. Comp. R. & Regs. r. 110-7-2-.07 Terminated

History

• Authority: O.C.G.A. Sec. 50-8-8 and Appropriations Act
• History. Original Grant description entitled "Statement of Conditions" submitted August 19, 1997.
• Terminated: August 10, 1998.

Chapter 110-8 Office of Grant Administration

Subject 110-8-1 Community Development Block Grant Program

Ga. Comp. R. & Regs. r. 110-8-1-.01 Name

The name of this program is the Georgia Community Development Block Grant Program for Non-Entitlement Communities.

History

• Authority: O.C.G.A. Secs. 28-5-122, 50-8-8
• History. Original grant description entitled "Name" submitted September 9, 1993.
• Submitted: Mar. 18, 1999.
• Submitted: Sept. 12, 2000.

Ga. Comp. R. & Regs. r. 110-8-1-.02 Statutory Basis

(1) State Law: The statutory basis for this program under state law is the Official Code of Georgia Annotated, Code Section 50-8-8 .

(2) Federal Law: This program is funded by federal funds authorized by the Housing and Community Development Act of 1974, as amended. Federal implementation regulations are contained in 24 CFR Part 570.

History

• Authority: O.C.G.A. Secs. 28-5-122, 50-8-8
• History. Original grant description entitled "Statutory Basis" submitted September 9, 1993.
• Submitted: Mar. 18, 1999.
• Submitted: Sept. 12, 2000.

Ga. Comp. R. & Regs. r. 110-8-1-.03 Scope and Purpose

(1) The Georgia Community Development Block Grant (CDBG) program provides grants to eligible units of general purpose local government to undertake community development activities eligible under the Housing and Community Development Act of 1974, as amended.

(2) The objective of the Georgia CDBG program is to improve living conditions and economic opportunities in Georgia's cities and counties, principally for persons of low and moderate income. Consistent with this primary objective, not less than 70% of the CDBG funds received each fiscal year shall be used for the support of activities that benefit persons of low and moderate income. To be funded, maximum feasible priority must be given to activities which benefit low and moderate income families, or aid in the prevention or elimination of slums or blight, or which meet urgent community needs.

(3)

Recognizing that the needs of communities vary widely, the Georgia CDBG program is divided into five separate components:

(a) The Regular Annual Competition,

(b) The Immediate Threat and Danger Grant Program,

(c) The Employment Incentive Program,

(d) The CDBG Section 108 Loan Guarantee Program and

(e) The Georgia Redevelopment Fund.

(a)

Applications under the regular annual competition must be for either a single activity or a multi-activity grant:

Single activity grant applications must be structured to address problems within one of the following three areas:

(a) housing,

(b) public facilities, or

(c) economic development.

2. Multi-activity grant applications must involve two or more activities which address identified community development needs in a comprehensive manner. This funding component requires an applicant to address problems within more than one of the areas listed above.

(b) Immediate Threat and Danger applications must address an event or situation which has a particular urgency and uniqueness which adversely affects or impacts a community and its citizens and where other financial resources are not available to meet such needs.

(c) Employment Incentive Program applications must address community development needs which provide for the creation and/or retention of jobs, or job training principally for persons of low and moderate income.

(d) The Redevelopment Fund applications should generally be targeted to projects that will leverage private sector investments in blighted downtown commercial and industrial areas. Projects that meet HUD's "slum and blight" national objective and will result in employment opportunities for low and moderate-income persons are encouraged.

(e) The CDBG Section 108 Loan Guarantee Program is an economic and community development-financing tool authorized under Section 108 of Title I of the Housing and Community Development Act of 1974, as amended. The program is a method of assisting nonentitlement local governments with certain unique and large-scale economic development projects that cannot proceed without the loan guarantee. In order to be eligible a project must meet all applicable CDBG requirements and result in significant employment and/or benefit for low and moderate income persons. Projects that are eligible for financing under existing federal, state, regional or local programs will generally not be considered for guarantee assistance unless the programs would fail to fully meet a project's needs. Unlike the traditional CDBG or EIP Program, the Section 108 Program does not operate through assistance from the Department of Community Affairs (DCA). Rather, funds are raised through DCA's "Pledge of Grants" to the U.S. Department of Housing and Urban Development (HUD) in order to obtain a federal guarantee of notes issued by the local government. The federally guaranteed notes are sold into private markets through public offerings conducted by HUD. By approving the project, a State pledges its future CDBG funds as the ultimate repayment source should a Section 108 loan default. The State's participation in the Section 108 program does not involve a pledge of Georgia's full faith and credit nor does it commit any funding to the local government. HUD makes the ultimate approval or denial of the federal guarantee.

History

• Authority: O.C.G.A. Sec. 28-5-122, 50-8-8
• History. Original grant description entitled "Scope and Purpose" submitted September 9, 1993.
• Submitted: Mar. 18, 1999.
• Submitted: Sept. 12, 2000.

Ga. Comp. R. & Regs. r. 110-8-1-.04 Terms and Conditions

(1)

Maximum Grant Amounts:

The maximum grant amounts are as follows:

(a) Regular Competition, Single Activity: $500,000

(b) Regular Competition, Multi-Activity: $800,000

(c) Immediate Threat and Danger Program: $50,000

(d) Employment Incentive Program: $500,000

(e) Redevelopment Fund: $250,000

(2)

Funding Restrictions:

(a) Only one single or multi-activity award under the regular annual competition may be received by any general purpose local government.

(b) Recipients of prior CDBG funding must resolve all outstanding audit, and/or monitoring findings prior to submission of an application to DCA.

(c) Additional funding restrictions may be established in the Annual Action Plan submitted to HUD.

(3) Eligible Activities: The eligible activities under Georgia's CDBG program are those activities identified in the Housing and Community Development Act of 1974, as amended.

(4)

Benefit to Low and Moderate Income Persons:

(a) To be eligible for competition and/or award under the Regular Competition Program each activity must be eligible under the ACT and not less than 70% of its CDBG cost must benefit low and moderate income persons.

(b) To be eligible for competition and/or award under the Employment Incentive Program or the Georgia Redevelopment Fund each activity must be eligible under the ACT and not less than 51% of its CDBG cost must benefit low and moderate income persons.

(5)

Cash Match Requirement:

(a)

All awards under the regular annual competition (except for single activity housing grants) must meet the following cash match requirement:

1. 0% for amounts up to $300,000 in CDBG funds;

2. 5% of amounts from $300,001 to $500,000 in CDBG funds;

3. 10% of amounts from $500,001 to $800,000 in CDBG funds.

(6)

Compliance Requirements:

(a) All applicants and recipients under any of the grant programs described in this Chapter must comply with a number of state and federal laws, regulations and directives. These requirements are contained in the Annual Action Plan for Consolidated Funds , HUD regulations at 24 CFR Part 570, Subpart I, the CDBG Applicant's Manual and the CDBG Recipient's Manual .

History

• Authority: O.C.G.A. Secs. 28-5-122, 50-8-8
• History. Original grant description entitled "Terms and Conditions" submitted September 9, 1993.
• Submitted: Mar. 18, 1999.
• Submitted: Sept. 12, 2000.

Ga. Comp. R. & Regs. r. 110-8-1-.05 Eligible Recipients

Eligible recipients of CDBG grants are limited to units of general purpose local government, excluding those cities and counties participating in the urban counties or metropolitan cities "CDBG Entitlement Program" of the U.S. Department of Housing and Urban Development.

History

• Authority: O.C.G.A. Secs. 28-5-122, 50-8-8
• History. Original grant description entitled "Eligible Recipients" submitted September 9, 1993.
• Submitted: Mar. 18, 1999.
• Submitted: Sept. 12, 2000.

Ga. Comp. R. & Regs. r. 110-8-1-.06 Criteria for Award

(1)

Criteria for Award: Regular Annual Competition:

Single and Multi-Activity applications will be rated separately to address points for feasibility and strategy. Demographic scores will be calculated separately for cities and counties. For purposes of calculating the demographic score, joint or regional applications which include a county will be included in the county group and those including only cities will be included in the city group.

(a)

Rating and Ranking Factors:

The rating and ranking factors shall be those specified below, using any additional or supplemental information, data, analysis, documentation, commitments or assurances as may be required by DCA for the purposes of evaluating, rating and selecting recipients under this program:

1. Demographic Need: Absolute Number of People in Poverty: 40 points maximum.

2. Demographic Need: Percentage of People in Poverty: 40 points maximum.

3. Demographic Need: Per Capita Income: 40 points maximum.

4. Program Feasibility: 150 points maximum.

5. Program Strategy: 150 points maximum.

6. Leverage of Additional Resources: 30 points maximum.

(b)

Assignment of Scores:

Scores will be assigned as follows:

1. Demographic Need: Absolute Number of People in Poverty: Applicants will be compared in terms of the number of persons whose incomes are below the poverty level. Scores will be obtained by dividing each applicant's number of persons in poverty by the greatest number of persons in poverty of any applicant in the group and multiplying by 40.

2. Demographic Need: Percent of People in Poverty: Applicants will be compared in terms of the percentage of population below the poverty level. Scores will be obtained by dividing each applicant's percentage of persons in poverty by the highest percentage of persons in poverty of any applicant in the group and multiplying by 40.

3. Demographic Need: Per Capita Income: Applicants will be compared in terms of their per capita income (pci). Scores will be obtained by dividing each applicant's pci into the lowest pci of any applicant in the group and multiplying by 40.

Program Feasibility: Applicants will be compared in terms of project feasibility. At a minimum the following factors will be considered:

(i) Reasonableness and appropriateness of cost,

(ii) Compliance with applicable state and federal laws,

(iii) Project timetables, and

(iv) Confirmation of required resources.

(v)

Points for feasibility will be awarded by a review panel, in accordance with the levels below, based on how well each applicant, compared to others, addresses the feasibility factors:

(I) Level One (poor): 0 points.

(II) Level Two (less than fair): 30 points.

(III) Level Three (fair): 60 points.

(IV) Level Four (good): 90 points.

(V) Level Five (very good): 120 points.

(VI) Level Six (excellent): 150 points.

Program Strategy: Applicants will be compared in terms of program strategy. At a minimum the following factors will be considered:

(i) Severity of documented need,

(ii) Consideration given to alternative solutions to the identified problem(s),

(iii) The number of persons benefiting and the cost per person,

(iv) The impact of the project on identified problems, and

(v) The extent of benefit to persons of low and moderate income.

(vi) In addition, multi-activity applications will also be compared in terms of the projects support of comprehensive community or neighborhood conservation, stabilization and/or revitalization.

(vii)

Points will be awarded, in accordance with the levels below, by a review panel based on how well the applicant, compared to others, addresses the strategy factors.

(I) Level One (poor): 0 points.

(II) Level Two (less than fair): 30 points.

(III) Level Three (fair): 60 points.

(IV) Level Four (good): 90 points.

(V) Level Five (very good): 120 points.

(VI) Level Six (excellent): 150 points.

Leverage of Additional Resources: Leverage includes additional resources committed to and directly related to the project, including cash above the required minimum cash match amount, the purchase of equipment and furnishings with non CDBG funds, and additional grants and loans from other sources. Only items that would not otherwise have been provided will be counted. A "reasonable" value must be assigned to donated and "in-kind" items.

(i)

The leveraged score will be calculated as follows:

(I) First the total dollar value of leverage for each applicant will be calculated and then divided by the total population of the applicant in order to obtain a per capita leverage figure reflective of each applicant's relative effort.

(II) Second, applications will be assigned to one of five groups: Multi-Activity; Housing; Economic Development; Water and/or Sewer; or all other Public Facilities.

(III) The applications will then be ranked within these groups, based on per capita leverage amounts, and points assigned by a staff review panel based on the ranking. Applications with no leverage will receive no points. Up to 30 points can be assigned for leverage of additional resources.

(c) Final Ranking and Award of Funds : The points received by each applicant on the rating factors above will be totaled and the total scores ranked accordingly. Grant awards will be based on this final ranking to the extent funds are available. In the event of ties, the applicant with the highest percentage of funds benefiting low and moderate income persons will be given priority.

(2)

Criteria for Award: Immediate Threat and Danger Program:

The Immediate Threat and Danger Program is intended to respond to events or situations which have a particular urgency and uniqueness which adversely affect or impact the health or welfare of the community and its citizens and where other financial resources are not available to meet such need. To be considered, the event or situation

must

have a sense of urgency and be of recent origin or have recently become urgent. Recent origin is defined as a condition that has developed or become critical generally within 18 months of application. Ample description of the cause of the threat and probable ramifications must be provided.

(a) Project Costs: A grant awarded under this program cannot be more than 50% of the total project cost. The applicant (local government) must provide at least 10% of the project cost.

(b) Major Disaster Exception: In the event of a "major disaster," the commissioner will determine the extent of DCA involvement. The Commissioner may waive the requirements of "Project Costs" and the maximum grant amount in the event of a "major disaster."

(c) Review of Applications: Upon receipt of a request for assistance, the Commissioner of the Department of Community Affairs will assign staff to review the application for completeness and degree of urgency. Staff may visit the locality to inspect the problem cited by the applicant and may consult with other appropriate state, federal or local agencies to determine the extent of the threat prior to funding decisions.

(d) Award of Funds: Funds will be awarded to eligible applicants which meet the threshold requirements described in Paragraph 2 above, as long as funds remain in the set-aside amount.

(3)

Criteria for Award: Employment Incentive Program:

EIP pre-applications will be rated and scored against each of the following factors. The rating and ranking factors shall be those specified below, using any additional or supplemental information, data, analysis, documentation, commitments or assurances as may be required by DCA for the purposes of evaluating, rating and selecting recipients under this program. The maximum possible score is 475 points. Demographic scores will be based on the latest available data, consistent as of the same point in time for each factor and will be based on county data.

(a)

Demographic Need: Absolute Number of People in Poverty:

40 points maximum.

1. All eligible local governments will be compared in terms of the absolute number of people whose incomes are below the poverty level. Individual scores will be obtained by dividing each government's absolute number of persons in poverty by the greatest number of persons in poverty of any eligible local government and multiplying by 40.

(b)

Demographic Need: Percentage of People in Poverty:

40 points maximum.

1. All eligible local governments will be compared in terms of the percentage of people whose incomes are below the poverty level. Individual scores will be obtained by dividing each government's percentage of persons in poverty by the highest percentage of persons in poverty of any eligible local government and multiplying by 40.

(c)

Demographic Need: Per Capita Income:

40 points maximum.

1. All eligible local governments will be compared in terms of their per capita income. Individual scores will be obtained by dividing each government's per capita income by the lowest per capita income of any eligible local government and multiplying by 40.

(d)

Program Feasibility:

110 points maximum. The following factors will be considered:

1. Severity of the locality's and business's need for assistance;

2. Organizational status of the business;

3. The business's past credit history;

4. The business product's market potential;

5. The business's marketing strategy;

6. The business's historical sales and financial performance;

7. The reasonableness of the business's financial projections;

8. An assessment of the business management team's ability to carry out the project as proposed;

9. The proposed project's compliance with federal "appropriate" requirements;

10. Verification of project costs;

11. Verification of project financing sources;

12. Adequacy and reasonableness of the job commitment;

13. Completeness of any needed engineering plans and specifications; and

14. Documentation that the project can be carried out in accordance with federal, state, and local laws, regulations, and permitting requirements.

Points for feasibility will be awarded by a staff review panel, in accordance with the levels below, based on how well the applicant addresses the feasibility factors.

(i) Level One (poor): 0 points.

(ii) Level Two (less than fair): 27.5 points.

(iii) Level Three (fair): 55 points.

(iv) Level Four (good): 82.5 points.

(v) Level Five (excellent): 110 points.

(e)

Program Impact:

110 points maximum. The following factors will be considered:

1. Number of jobs created and/or retained;

2. EIP cost per job;

3. Availability of jobs to low and moderate income persons;

4. Quality of jobs and employee benefits; and

5. The project's impact on local unemployment rates.

Points for impact will be awarded by a staff review panel, in accordance with the levels below, based on how well the applicant addresses the impact factors.

(i) Level One (poor): 0 points.

(ii) Level Two (less than fair): 27.5 points.

(iii) Level Three (fair): 55 points.

(iv) Level Four (good): 82.5 points.

(v) Level Five (excellent): 110 points.

(f)

Program Strategy:

110 points maximum. The following factors will be considered:

1. The ratio of private funds to EIP funds (a minimum ratio of at least 1 to 1 is required);

2. Documentation that the public benefits to be achieved are reasonable and to the extent practicable EIP funds will not substitute for other available funds;

3. Adequacy of financing strategy (adequacy of equity injection, collateral, and loan terms);

4. Relationship between the subrecipient's infrastructure needs and the size and capacity of any infrastructure to be provided;

5. Validity of subrecipient's commitment to fulfill hiring and investment commitments (has subrecipient agreed to provide a letter of credit or other surety to "bond" its performance);

6. Project's conformance to local planning and development strategy;

7. Project's conformance to federal, state, and local laws and regulations; and

8. Relationship to overall objectives of the EIP and CDBG Program, including the extent of benefit to persons of low and moderate income.

Points for strategy will be awarded by a staff review panel, in accordance with the levels below, based on how well the applicant addresses the strategy factors.

(i) Level One (poor): 0 points.

(ii) Level Two (less than fair): 27.5 points.

(iii) Level Three (fair): 55 points.

(iv) Level Four (good): 82.5 points.

(v) Level Five (excellent): 110 points.

(g) Bonus for Return of RLF Assets: 25 points. Localities which have a local Revolving Loan fund (RLF) capitalized with EIP or CDBG proceeds may, at their discretion, return the RLF assets to the State in exchange for greater consideration and access to future EIP financing for eligible projects. The consideration will consist of an extra 25 points for use in any one EIP funding decision. In order to receive the points, a locality must return all RLF assets to the state so as to remove itself from the administrative requirements of the RLF program. This will generally require that a locality "sell" its loan receivable(s) and return all cash on hand to DCA.

(h) Invitation to Submit a Final Application: The points received by a pre-applicant on the rating factors will be totaled. In order to receive an invitation to submit a final application, a pre-application must receive at least 300 points. In cases where fundable pre-applications exceed available funds, the pre-applicant with the highest number of jobs benefiting low and moderate income persons will be given priority.

(i) Final Application Funding Determination: Final applications are invited only for those projects which meet the pre-application threshold requirements. The final application review will ensure that all appropriate funding criteria have been considered, and that the project conforms to the objectives of Title I of the Housing and Community Development Act of 1974, as amended. Grant awards will be made to those final applications that receive a funding recommendation until all available funds are exhausted.

(j) Available Funds: Five (5) million dollars or eleven percent (11%) (whichever is greater) from each federal fiscal year's allocation to the State for the Community Development Block Grant Program will be set-aside for the EIP program.

(4)

Criteria for Award: the Georgia Redevelopment Fund:

The Redevelopment Fund provides flexible financial assistance to local governments to assist them in implementing challenging economic and community development projects that cannot be undertaken with existing public sector grant and loan programs. The Redevelopment Fund will reward locally initiated public/private partnerships by providing financing to leverage private sector investments in commercial, downtown and industrial redevelopment and revitalization projects that need Redevelopment Fund investment to proceed. Applications for the Redevelopment Fund must be submitted in conformance with the format and applicable instructions specified by the Department of Community Affairs.

(a)

Rating and Review Procedure:

Applications will be rated and points awarded based on the following point system:

(1) Demographic Need 120

(2) Project Feasibility 210

(3) Project Strategy and Innovation 240

(4) Leverage of Additional Resources 30 In order to be funded, an application must achieve a minimum score of 475.

(b)

Rating and Review Criteria:

Redevelopment Fund applications will be rated and scored against each of the following factors:

Factor 1: Demographic Need

Demographic need points will be calculated by DCA based on three factors:

i) Absolute number of people in poverty: Applicants will be compared in terms of the number of persons whose incomes are below the poverty level. Scores will be obtained by dividing each applicant's number of persons in poverty by the greatest number of persons in poverty of any applicant and multiplying by 40.

ii) Percent of people in poverty: Applicants will be compared in terms of the percentage of population below the poverty level. Scores will be obtained by dividing each applicant's percentage of persons in poverty by the highest percentage of persons in poverty of any applicant and multiplying by 40.

iii) Per capita income: Applicants will be compared in terms of their per capita income. Scores will be obtained by dividing each applicant's per capita income into the lowest per capita income of any applicant and multiplying by 40.

iv) Submission of data with respect to "Demographic Need" is not required. The number and percentage of persons in poverty will be based on the U.S. Bureau of the Census' most recent data that is consistent as of the same point of time for all applicants. Per capita income will be based on the most recent available data that is consistent as of the same point of time for all applicants. For purposes of comparing data, applicants shall be divided into two groups: Cities and Counties. Joint applicants comprised of all cities shall be assigned to the city group and joint applicants including one or more counties shall be assigned to the county group.

Factor 2: Feasibility

Feasibility points will be based on an analysis of how each application addresses the following factors: eligibility of proposed activity; reasonableness of cost; compliance with applicable state and federal laws; project timetables; confirmation of all required resources; completeness of proposed plans and specifications; reasonableness of any sub-recipient's proposed business plan(s) and financial projections; reasonableness of any site clean-up proposal and plan; and conformance with applicable underwriting and review requirements contained in 24 CFR Part 570 and DCA's Application Manual for the Fund.

(a) Points for feasibility will be awarded by a DCA staff review panel as follows: Level One (Poor) -0- Level Two (Fair) 52.5 Level Three (Good) 105.0 Level Four (Very Good) 157.5 Level Five (Excellent) 210.0 3. Factor 3: Strategy Strategy points will be based on the following factors: an analysis of the severity of need; documentation that a project's public benefits will exceed project costs; documentation that the proposed strategy meets the eligibility criteria and the national objectives of the CDBG program; documentation that the project complies with all local ordinances, state law and state regulation.

(a) Points will be awarded by a DCA staff review panel as follows: Level One (Poor) -0- Level Two (Fair) 60.0 Level Three (Good) 120.0 Level Four (Very Good) 180.0 Level Five (Excellent) 240.0 4. Factor 4: Leverage Leverage points will be awarded based on a firm commitment of additional resources directly related to the project, including capital costs and new funds for operation of any proposed program(s). The "leverage ratio" of other private or public funds will be the criterion considered. A minimum leverage ratio of 1 to 1 must be documented in order to receive points under this criterion. A "reasonable" value must be assigned to donated and "in-kind" items. The leverage score will be calculated based on the total value of leverage for each applicant. Applications with no leverage will receive no points.

(a) Points will be awarded by a DCA staff review panel as follows: Level One (Poor) -0- Level Two (Fair) 7.5 Level Three (Good) 15.0 Level Four (Very Good) 22.5 Level Five (Excellent) 30.0

History

• Authority: O.C.G.A. Secs. 28-5-122, 50-8-8
• History. Submitted: Mar. 18, 1999.
• Submitted: Sept. 12, 2000.

Ga. Comp. R. & Regs. r. 110-8-1-.07 Application Procedures

(1)

General Application Requirements:

(a) An applicant must include sufficient information in the application to permit DCA to evaluate the application against the various rating and selection factors. All applications must be submitted on application forms provided by DCA.

(b)

Submission of data with respect to "Demographic Need" (when used as a scoring factor) is not required. Data used in rating appli- cants with respect to Demographic Need are based upon the following:

1. Absolute number and percentage of persons in poverty will be based on the U.S. Bureau of the Census' most recent data which is consistent as of the same point or period in time for all applicants.

2. Per capita income will be based on the most recent available data which is consistent as of the same point or period in time for all applicants.

(c) Only one single or multi-activity application per general purpose local government, whether individually or jointly submitted, shall be eligible for competition under the regular annual competition.

(d) No recipient of a single or multi-activity award under the regular annual competition shall be eligible to compete for or receive another single or multi-activity award from the next fiscal year's regular competition allocation. This restriction does not apply to the Immediate Threat and Danger, Employment Incentive Program, the Georgia Redevelopment Fund Program, or the Section 108 Loan Guarantee Program.

(e) Applications for the Immediate Threat and Danger, Employment Incentive Program, the CDBG Section 108 Loan Guarantee Program and/or the Georgia Redevelopment Fund grants may be submitted notwithstanding the submission of an application under the regular annual competition.

(f) Subparagraph (d) shall not apply in the case of two or more counties applying together to carry out a project of regional impact. Such applications, however, which are not actually regional in nature (which could have been submitted by only one county) will be rejected. Counties which submit applications which are rejected for this reason will be prohibited (both individually and jointly) from applying in the next regular annual competition.

(2) Deadline: DCA shall establish deadlines for receipt of applications under the Regular Annual Competition. All other programs are on a "first come, first serve" basis.

History

• Authority: O.C.G.A. Secs. 28-5-122, 50-8-8
• History. Original grant description entitled "Application Procedures" submitted September 9, 1993.
• Submitted: Mar. 18, 1999.
• Submitted: Sept. 12, 2000.

Chapter 110-9 Job Tax Credit Program

Subject 110-9-1 Job Tax Credit Program Regulations

Ga. Comp. R. & Regs. r. 110-9-1-.01 [Effective 9/20/2026] Introduction and Definitions

(1) Authority for Regulations. O.C.G.A. § 48-7-40 , § 48-7-40.1 , § 48-7-40.23 , and § 36-625.1.

(2) Administrative Agencies. The Georgia Department of Community Affairs (DCA) and the Georgia Department of Revenue have been designated as the responsible agencies within the State of Georgia to administer the Job Tax Credit Program for less developed areas.

(3) Program Purpose. The purpose of the Job Tax Credit Program is to encourage the further economic development of the state.

(4) Program Objective. The Job Tax Credit Program is designed to encourage businesses to locate and expand in the state.

(5) Program Description. The Job Tax Credit Program provides tax credits under O.C.G.A. § 48-7-2 for certain business enterprises that create and retain jobs in areas designated as less developed. A minimum number of new full-time employee jobs must be created before any credit may be received.

(6)

Definitions.

(a) Less Developed Areas -- means certain counties and certain census tract areas that meet applicable requirements in law and regulation. Less developed census tract areas mean areas in this state which are composed of 10 or more contiguous census tracts, each of whom is equal to or worse than the benchmark county based on a calculation of the following economic indicators: highest unemployment rate; lowest per capita income; and highest percentage of residents whose income is below the poverty level. Comparisons between census tracts and the benchmark county will be based on data from the Department of Labor and the United States Department of Commerce.

(b)

Business Enterprise -- means any corporation, partnership, limited liability company, or sole proprietorship, or the headquarters of any such corporation, partnership, limited liability company, or sole proprietorship, which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, research and development, forestry manufacturing, or tourism in a less developed area. Such term does not include retail businesses. The definition of Business Enterprise under the county tier program in O.C.G.A. §

48-7-40

shall also include any business which is engaged in services for the elderly and persons with disabilities. For the purpose of determining which businesses are engaged in the qualifying activities, classifications will be made for individual establishments defined pursuant to Department Rule

110-9-1-.01(6)(d)

using the latest published North American Industry Classification System (NAICS Code), United States, with the business being eligible for the tax credit based on the individual establishment. If the NAICS Code cannot be clearly defined, the business may request a determination as outlined in Department Rule

110-9-1-.03(11)

.

1. Manufacturing means those establishments classified by the NAICS Code that belong to Sectors 31-33.

2. Warehousing and distribution means a warehouse, facility, structure, or enclosed area which is used primarily for the storage, shipment, preparation for shipment, or any combination of such activities, of goods, wares, merchandise, raw materials, or other tangible personal property, and those establishments classified by the NAICS Codes that belong to Subsectors 423, 424 and 493. In addition, establishments primarily engaged in scheduled freight air transportation, and included in NAICS Code 481112; establishments primarily engaged in nonscheduled chartered freight air transportation, and included in NAICS Code 481212; establishments primarily engaged in line-haul railroads; establishments primarily engaged in short line railroads, and included in NAICS Code 482112; establishments which are primarily engaged in deep sea freight transportation, and included in NAICS Code 483111; 483211, establishments primarily engaged in inland water freight transportation; establishments classified by the NAICS Codes that belong to Industry Group 4841; 484220, establishments engaged in specialized freight (except used goods) trucking, local; 484230, establishments in specialized freight (except used goods) trucking, long-distance; 485111, establishments engaged in mixed mode transit systems; 486110, establishments primarily engaged in pipeline transportation of crude oil; 486210, establishments primarily engaged in pipeline transportation of natural gas; 486910, establishments primarily engaged in pipeline transportation of refined petroleum products; 486990, establishments engaged in all other pipeline transportation; 488320, establishments which are primarily engaged in marine cargo and handling; 488510 establishments primarily engaged in freight transportation arrangement are included. In addition, NAICS Code 541611 is eligible, but only as it associates to establishments that provide consulting services to clients relating to the physical distribution of goods and services.

3. Processing includes, without limitation, (a) manufacturing establishments classified in NAICS Sectors 31-33 and processing establishments classified in NAICS Sector 21; and (b) those establishments primarily engaged in providing data processing services, and further means only the following establishments in addition to Sectors 31-33 of the NAICS Code: establishments that are both primarily engaged in pharmacy benefits management and other third-party administration of insurance and pension funds, and included in NAICS Code 524292; establishments that are both primarily engaged in providing automated clearinghouses, check clearinghouse associations, and included in NAICS Code 522320; establishments that are both primarily engaged in furnishing physical or electronic marketplaces for the purpose of facilitating the buying and selling of stocks, stock options, bonds or commodity contracts and included in NAICS Code 523210; establishments that are both primarily engaged in providing computer systems design and related services, and included in NAICS Industry Group 5415; establishments that are both primarily engaged in producing and distributing computer software, and included in NAICS Code or 513210; establishments that are both primarily engaged in providing data processing services, and included in NAICS Code 518210; establishments that are both primarily engaged in providing payroll services, and included in NAICS Code 541214; establishments that are both primarily engaged in providing financial transaction or credit card processing services, and included in NAICS Code 522320; establishments that are both primarily engaged in testing laboratories and services and included in NAICS Code 54138; establishments that are both primarily engaged in Medical and Diagnostic Laboratories, and included in NAICS Industry Group 6215.

4. Telecommunications means those establishments that are primarily engaged in operating, maintaining and/or providing access to facilities for the transmission of voice, data, text, sound and video and classified within NAICS Codes 514111, 517111, 517112, and 517810; and establishments that are both primarily engaged in providing telephone call center services comprising telephone answering services and telemarketing bureaus and other contact centers, and included in NAICS Industry Code 56142; with the exception of telecommunication resellers and agents

5. Broadcasting means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or IP and includes motion picture and sound recording, editing, production, postproduction, and distribution, and is limited to those establishments that are primarily engaged in broadcasting and included in NAICS Subsector 516; establishments that are primarily engaged in Internet publishing and broadcasting and included in NAICS Subsector 519; establishments that are primarily engaged in telecommunications and included in NAICS Subsector 517 with the exception of telecommunication resellers and agents; and establishments that are primarily engaged in motion picture and sound recording industries and included in NAICS Subsector 512.

6. Research and development means only the following establishments: establishments primarily engaged in conducting research and experimental development in the physical, engineering and life sciences and classified in NAICS Industries 54171; establishments primarily engaged in conducting research and analyses in cognitive development, sociology, psychology, language, behavior, economic, and other social science and humanities research and classified in NAICS Code 541720; and establishments primarily engaged in space research and technology and included in NAICS Subsector 927.

7. Tourism means only the following establishments: establishments that are both primarily engaged in providing lodging for the public, and included in NAICS Industry Group 7211, provided that establishments offering lodging for more than 30 consecutive days to the same customer shall not qualify for a tax credit under this provision; establishments that are both primarily engaged in providing overnight or short term sites for recreational vehicles, trailers, campers or tents, and included in NAICS Code 721211, provided that establishments primarily engaged in the operation of residential trailer parks or primarily engaged in providing accommodations for more than 30 consecutive days to the same customer shall not qualify for a tax credit under this provision; establishments that are both primarily engaged in the operation of convention centers, and included in NAICS Code 711310; establishments that are both primarily engaged in the operation of sports stadiums or arenas, and included in NAICS Code 711310; establishments that are both primarily engaged in the operation of recreational camps, and included in NAICS Code 721214, provided that establishments primarily engaged in the operation of summer camps shall not qualify for a tax credit under this provision; establishments that are both primarily engaged in the operation of golf courses open to the general public on a contract or fee basis, which are associated with a resort development, and included in NAICS Code 713910, provided that establishments primarily engaged in the operation of golf courses associated with housing developments shall not qualify for a tax credit under this provision; establishments that are both primarily engaged in the operation of sports complexes open to the general public on a contract or fee basis, and included in NAICS Code 711310; establishments that are both primarily engaged in the operation of professional or semi-professional sport clubs, and included in NAICS Code 711211, provided that for the purposes of this provision professional and semi-professional sport clubs include only those clubs which compensate athletes for their services as players and such term does not include amateur sport clubs, amateur sport leagues, or amateur sport associations; establishments that are both primarily engaged in the operation of racing facilities, including drag-strips, motorcycle race tracks, auto or stock car race tracks or speedways, and included in NAICS Code 711212; establishments that are both primarily engaged in the operation of amusement centers, amusement parks, theme parks, or amusement piers, and included in NAICS Code 713110; establishments that are both primarily engaged in the operation of tours within the State of Georgia, and included in NAICS Code 561520; establishments that are both primarily engaged in the operation of airplanes, helicopters, buses, trolleys, vans, scenic railroads, aerial tramways, or boats for excursion or sightseeing purposes within the State of Georgia, and included in NAICS Subsector 487; establishments that are both primarily engaged in the operation of hunting preserves, trapping preserves, or fishing preserves or lakes which are open to the general public on a contract or fee basis for fin fish, shell fish, or other marine fishing, which are included in NAICS Codes 114111, 114112, 114119, and 114210; and establishments that are both primarily engaged in the operation of museums, planetariums, art galleries, botanical gardens, aquariums, or zoological gardens, and included in NAICS Subsector 712, provided that establishments which derive 50% or more of their gross revenue from the sale of goods or merchandise shall not qualify for a tax credit under this provision.

8. Services for the elderly and persons with disabilities means establishments primarily engaged in providing nonresidential social assistance services to improve the quality of life for the elderly, persons diagnosed with intellectual and developmental disabilities, or persons with disabilities and included in NAICS Code 624120. The inclusion of this industry under the Business Enterprise definition is only applicable to establishments which qualify for the job tax credit under the county tier provision under O.C.G.A. § 48-7-40 and is not applicable to establishments which qualify for the census tract provision under O.C.G.A. § 48-7-40.1 .

9. Forestry manufacturing means establishments that utilizes wood fiber, forest-derived biomass, wood residuals, or forestry by-products, from domestically sourced virgin timber, as a primary feedstock in the manufacture of forest products, renewable fuels, bio-based chemicals, bioenergy, or other value-added products that support or derive economic value from the forest products supply chain, regardless of the establishment's primary North American Industry Classification System code.

(c) Retail Business -- means any establishment that is primarily engaged in retailing merchandise and rendering services incidental to the sale of merchandise and included in NAICS Sector 44-45; any establishment that is primarily engaged in providing professional services and included in NAICS Industry Groups 5411, 5412 and 5413; and establishments that are primarily engaged in banking, savings and lending functions and included in NAICS Industry Groups 5211, 5221, 5222, 5231, and 5239, and NAICS Industries 52231 and 52239.

(d) Establishment -- means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. This is specifically where an employee's job is performed. Note that if more than one business activity is conducted at the establishment then only those jobs engaged in a qualifying activity will be eligible. For example, a retail establishment which also has a distribution activity serving the southeast will only be eligible for the jobs engaged in the qualifying distribution activity and not for any retail jobs.

(e) Benchmark County -- means the county according to the most recent data from the Department of Labor and the United States Department of Commerce that ranks seventy-first from the bottom county on the following factors: highest unemployment rate; lowest per capita income; and highest percentage of residents whose income is below the poverty level. This county's scores will be the benchmark for determining census tracts that are potentially eligible for inclusion in less developed census tract areas.

(f) Competitive project -- means the expansion or location of some or all of a business enterprise's operations in this state having significant regional impact where the commissioner of economic development certifies that but for some or all of the tax incentives provided under O.C.G.A. § 48-7-40 , the business enterprise would have located or expanded outside this state. Businesses claiming the tax credit under this provision must provide certification from the commissioner of economic development when claiming such credit on the Georgia Corporation Income Tax return.

(g)

Net New Full-Time Employee Job (also "Net New Job") -- means a newly created position of employment by a Georgia employer, requires a minimum of 35 hours worked each week, and pays at or above the average wage earned in the county with the lowest average wage in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor, but does not mean a job classified for federal tax purposes as an independent contractor. This determination occurs when a new or expanded operation is first staffed and does not include staff replacement or transfer.

1. Part-time jobs that become full-time jobs shall be considered new full-time employee jobs for the purposes of the Job Tax Credit Program. Part-time jobs may not be aggregated to establish full-time equivalents for the purposes of the Job Tax Credit Program.

2. Leased employees will, for the purposes of the Job Tax Credit Program, be considered employees of the company using the services of the leased employees. Leased employees and other employees may be counted toward net new job totals for purposes of determining a business enterprise's job tax credit when such employees otherwise meet the definition of full-time job contained herein. Leased employees and other employees that do not meet the definition of full- time job contained herein may not be counted toward job totals. (Note that only the business enterprise using the services of leased employees may claim credit for such employees so long as the business enterprise retains control of the business location and does not delegate such control to the leasing company.)

Special circumstances affecting the ability for employees to count net new full-time employee jobs include the following:

(i) When a business purchases or leases existing assets and uses those assets for a substantially different process than their immediate prior use, the rule does not apply, and no approval is required from the commissioner of community affairs.

(ii) When a seasonal business purchases or leases existing assets, the assets must have been out of service for one year or longer unless otherwise approved by the commissioner of community affairs.

(iii) Any time a business is uncertain whether or not net new jobs have been created based on this paragraph, the business shall seek a ruling from the commissioner of community affairs before claiming any credits.

(h) Headquarters -- means the global or national administrative offices of a business enterprise that is primarily engaged in performing management and general administrative functions for such business enterprise. If a business has headquarters that provides services to business enterprises, such business must derive at least 51 percent of its sales from the operations of its business enterprises in order for such business's headquarters to be potentially eligible for tax credits under these regulations. However, the headquarters must be a qualifying business enterprise in order to qualify for job tax credits.

(i) Maintained Job -- means any net new full-time employee job continued for all or part of the consecutive four-year period after its creation.

(j)

Military Zone -- means an area designated by the commissioner of community affairs under the provision of O.C.G.A. §

48-7-40.1(c)(2)

or (2.1).

1. For Military Zones designated under the provision of O.C.G.A. § 48-7-40.1(c)(2) , the designation shall include any "area composed of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a fifteen (15) percent poverty rate or greater as reflected in the most recent decennial census."

2. For Military Zones designated under the provision of O.C.G.A. § 48-7-40.1(c) (2.1), census tracts may be designated by the commissioner of community affairs to receive Military Zone designation if the census tract is in a county that contains a federal military installation with a garrison of at least 5,000 federal or military personnel combined, and contains an industrial park that is owned and operated by a governmental entity.

3. Any designation made by the commissioner of community affairs under O.C.G.A. § 48-7-40.1(c)(2) or (2.1) shall be made by December 31 of each year.

4. Businesses locating within a designated Military Zone must meet all eligibility requirements for the Job Tax Credit prior to filing for the credit on the tax return.

(k) Government Owned Industrial Park -- means an Industrial Park, that at the time of formation or establishment, was wholly owned by one or more units of state, local municipal government, including any eligible authority, and which is intended to market, attract, and locate private industrial business operations.

(l) Industrial Park -- means an area comprised of 25 acres or more of developable land, which has been zoned industrial or its equivalent if industrial zoning does not exist within the applicable jurisdiction. The area shall also contain readily available water and sewer infrastructure on-site or at a minimum, adjacent to the site.

(m) Opportunity Zone -- means an area designated by the commissioner of community affairs, with the agreement of the commissioner of economic development, under the provision of O.C.G.A. 48-7-40.1(c)(4) and Department Rule 110-24-1. Businesses locating within a designated Opportunity Zone must meet all eligibility requirements for the Job Tax Credit and have an Opportunity Zone Certification form certified by the local Opportunity Zone coordinator and acknowledged by DCA prior to filing the tax credit on the corporation income tax return. The completed Certification form must be filed with the tax return when claiming the credit.

(n) Prior Year/Base Year -- means the tax year immediately prior to Year One.

(o) Replacement Job -- means a job created by an employer in Georgia that takes the place of a job that was interrupted due to a manmade or natural disaster. Neither the length of the interruption nor the location of the replacement job will affect eligibility for the Job Tax Credit Program.

(p) To Generate/Trigger Credits -- means to meet all requirements in law and regulation for the tax credits allowed under O.C.G.A. § 48-7-2 except for maintenance of jobs in all or part of the subsequent four years after their creation. Credits are not affected by a county's or census tract area's status once credits have been generated.

(q) Transferred Job -- means a job that is relocated by a business or related businesses from one Georgia establishment to another, or a job that is created by a business or related business that is substantially the same as a previously existing job of such business or related business at a location in Georgia that has ceased operations for six months or less. Because the Job Tax Credit is calculated by taxpayer, by county or census tract area, jobs that are relocated from one establishment to another within the same county or census tract area by the same taxpayer are not considered transferred jobs. If the duties of a transferred job are substantially different from those at the former location, the business may request in writing that the commissioner of community affairs determine whether or not the job is a net new job for the purposes of the Job Tax Credit Program. Only after the commissioner of community affairs has determined that the job is a net new job may any credits be earned. Similarly, net new jobs that are transferred during years one through five from their original location to another county or less developed census tract area may not earn credits after their transfer unless otherwise approved by the commissioner of community affairs.

(r) Year One -- means the tax year in which sufficient net new jobs are created that, meeting the requirements of these regulations, entitle a business enterprise to tax credits in years one through five after the creation of the net new jobs.

(s) Years One Through Five -- means the consecutive five-year period in which job tax credits may be allowed for the net new jobs created in year one as well the subsequent four years in which additional net new jobs may be created that may also qualify for job tax credits.

(t) Auxiliary Establishment -- means an establishment primarily engaged in performing management or support services for other establishments of the same business. Auxiliary establishments will be included in the definition of business enterprise only when they are primarily engaged in providing the products or services provided by otherwise eligible business enterprises.

(u) Leased Employee -- means an employee of an employee leasing company, as defined by the O.C.G.A. § 34-8-32 paragraph (a). Leased employees will, for the purposes of the Job Tax Credit Program, be considered employees of the company using the services of the leased employees. Leased employees and other employees may be counted toward net new job totals for purposes of determining a business enterprise's job tax credit when such employees otherwise meet the definition of full-time job contained herein. Leased employees and other employees that do not meet the definition of full-time job contained herein may not be counted toward job totals. Only the business enterprise using the services of leased employees may claim credit for such employees so long as the business enterprise retains control of the business location and does not delegate such control to the leasing company.

(v) Wage -- means the total dollars paid (including bonuses, incentive pay, etc.) to the employee (whether hourly or salaried) during the year (i.e., income as reported on Form W-2). Wage does not mean contributions made by employers on behalf of employees to health insurance, retirement, or other benefit programs. This definition is consistent with and patterned after the definition of average weekly wages contained in the most recent annual Georgia Employment and Wages Averages Report. The wage requirement must be met each and every year the employee/job is being used to calculate the credit in each of the Years 1-5.

(w) Forestry manufacturing -- means any business with an establishment in this state that is certified by the state revenue commissioner in consultation with the director of the State Forestry Commission as an establishment that utilizes wood fiber, forest-derived biomass, wood residuals, or forestry by-products, from domestically sourced virgin timber, as a primary feedstock in the manufacture of forest products, renewable fuels, bio-based chemicals, bioenergy, or other value-added products that support or derive economic value from the forest products supply chain, regardless of the establishment's primary North American Industry Classification System code.

History

• Authority: O.C.G.A. §§ 36-62-5.1, 48-7-40, 48-7-40.1, 48-7-40.23
• History. Original Rule entitled "Introductions and Definitions" adopted as ER. 110-9-1-0.2-.01. F. June 16, 1995; eff. June 14, 1995, the date of adoption.
• Amended: Permanent Rule of same title adopted. F. Aug. 17, 1995; eff. Sept. 6, 1995.
• Amended: F. Feb. 27, 1998; eff. Mar. 19, 1998.
• Amended: F. Dec. 11, 2000; eff. Dec. 31, 2000.
• Repealed: New Rule of same title adopted. F. Apr. 23, 2002; eff. May 13, 2002.
• Amended: F. Apr. 18, 2003; eff. May 8, 2003.
• Amended: F. Jan. 14, 2008; eff. Feb. 3, 2008.
• Repealed: New Rule of same title adopted. F. Oct. 30, 2009; eff. Nov. 19, 2009.
• Amended: F. Oct. 22, 2013; eff. Nov. 11, 2013.
• Amended: F. Dec. 2, 2016; eff. Jan. 1, 2017, as specified by the Agency.
• Amended: F. Feb. 28, 2017; eff. Feb. 8, 2017, as specified by the Agency.
• Amended: F. Aug. 22, 2018; eff. Sept. 11, 2018.
• Amended: F. June 2, 2020; eff. June 22, 2020.
• Amended: F. Sep. 9, 2022; eff. Sep. 29, 2022.
• Amended: F. Nov. 21, 2022; eff. Dec. 11, 2022.
• Amended: F. Aug. 31, 2026; eff. Sep. 20, 2026.

Ga. Comp. R. & Regs. r. 110-9-1-.02 [Effective 9/20/2026] Designation of Tier Status of Georgia Counties/Designation of Less Developed Census Tract Areas

(1)

Timetable and Effective Dates for Designation of Tier Status of Georgia Counties/Designation of Less Developed Census Tract Areas.

Using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate all 159 counties in Georgia. And using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate certain less developed census tract areas.

(a) For the purpose of determining the number of net new jobs created, business enterprises shall use their first tax year that begins on or after January 1 of the calendar year in which a census tract is designated as less developed or in which a county is designated as a tier 1, tier 2, tier 3, or tier 4 county, unless otherwise approved by the commissioner of community affairs.

(2)

Ranking and Designation of Tier Status of Georgia Counties.

A combination of the following factors will be used in ranking counties: highest unemployment rate for the most recent 36-month period; lowest per capita income for the most recent 36-month period; and highest percentage of residents whose incomes are below the poverty level according to the most recent data available.

(a) Counties ranked and designated as the first through seventy-first least developed counties shall be classified as tier 1, counties ranked and designated as the seventy-second through one hundred sixth least developed counties shall be classified as tier 2, counties ranked and designated as the one hundred seventh through one hundred forty-first least developed counties shall be classified as tier 3, and counties ranked and designated as the one hundred forty-second through one hundred fifty-ninth least developed counties shall be classified as tier 4.

(b) The factors used in ranking counties will all be given equal weight.

(c) In the case of a tie that would place tied counties in two different categories (tier 1, tier 2, tier 3, or tier 4), the tie will be broken in the following manner: the county with the highest average unemployment rate will be in the lower category (e.g., tier 1 if the split is between tier 1 and tier 2). If the counties are tied on highest average unemployment rate, the county with the lowest average per capita income will be in the lower category. If the counties are tied on both highest average unemployment rate and lowest average per capita income, the county with highest percentage of poverty will be in the lower category. If the counties are tied on all three categories, the commissioner of community affairs shall determine which county falls into each category.

(3)

Ranking and Designation of Ten or More Contiguous Census Tracts as Less Developed Areas.

Using data from the Department of Labor and the United States Department of Commerce, a combination of the following factors will be used in ranking counties in order to help determine the less developed census tract areas: highest unemployment; lowest per capita income; and highest percentage of residents whose income is below the poverty level. The county that ranks seventy-first from the bottom on these factors will be the benchmark county used to determine which census tracts are potentially eligible for inclusion in a less developed census tract area.

(a) All census tracts in the state and the benchmark county will be ranked using the following factors: highest unemployment; lowest per capita income; and highest percentage of residents whose income is below the poverty level. Data used to rank the tracts and the benchmark county will be from the Department of Labor and the United States Department of Commerce. All census tracts that are equal or lower in rank than the benchmark county will be eligible for inclusion in a less developed census tract area if they can be grouped as part of 10 or more contiguous census tracts that are also eligible for inclusion in a less developed census tract area.

(b)

Groupings of 10 or more eligible census tracts will be determined according to the following rules:

1. all eligible census tracts will be grouped into less developed census tract areas that are as large as possible but never in groupings of less than 10;

2. groupings may cross county boundaries; and

3. all census tracts in a grouping must be contiguous.

(c) All factors used in ranking census tracts and counties for the purpose of determining less developed census tract areas will be given equal weight.

(4)

Redesignation of Tier Status of Georgia Counties/Designation of Less Developed Census Tract Areas Based on a Period of Economic Distress.

Any tier 3 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county may be eligible for tier 2 designation. Also, any tier 2 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county may be eligible for tier 1 designation. In addition, any area composed of ten or more contiguous census tracts which undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area may be eligible for designation as a less developed census tract area; or any area composed of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, with the agreement of the commissioner of economic development, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise located within such area which, in the opinion of the commissioner of community affairs, with the agreement of the commissioner of economic development, results or will result in a sudden and severe period of economic distress.

(a)

In order to receive consideration for designation as a tier 2 or tier 1 county based on a sudden and severe period of economic distress caused by the closing of one or more business enterprises, a county must request designation from the commissioner of community affairs and must show actual job losses that exceed the following threshold criteria:

1. If the unemployment rate of the county has exceeded the state's average unemployment rate for the previous 3 months, the dislocation must amount to at least 2 percent of the county's labor force.

2. If the unemployment rate of the county was equal to or less than the state's average unemployment rate for any of the previous 3 months, the dislocation must amount to at least 4 percent of the county's labor force.

3. Documentation of the closing of the business enterprise must generally be provided in the form of a letter from such business enterprise validating the closure, documentation of the closure on the web site (for business enterprises subject to the WARN ACT) for the State Entity designated to receive WARN ACT notices, and local press releases announcing such closure and the effect of such closure on the community. For purposes of this provision, a closure will be defined based on the WARN ACT; Public Law 100-379 Section 2(a)(2) as the permanent shutdown of a single business establishment, or one or more facilities or operating units within such establishment, if the shutdown results in an employment loss at the establishment during any 30-day period for 50 or more employees excluding any part-time employees.

(b)

Counties/census tract areas designated as tier 2 or tier 1 counties or as less developed census tract areas under the provisions of this paragraph will remain designated for one year. After one year, such counties/census tract areas may ask the commissioner of community affairs to be redesignated for additional years if documentation is provided that demonstrates a continuing period of economic distress. Documentation of continuing distress should include:

1. Information on the local community's efforts to fill the affected space and create new jobs;

2. Details on the impact of the business loss on: (a) the local community; and (b) the state;

3. Information on the current job market in the affected area of the local community; and

4. Any additional information to be considered for such designation.

(c) No designation pursuant to this paragraph shall displace or remove any other county/census tract area designated as a tier 2 or tier 1 county or as a less developed census tract area pursuant to paragraphs (2) or (3) of Department Rule 110-9-1-.02 .

(d)

In order to receive consideration for designation as a less developed census tract area based on the closing of one or more business enterprises, an area must request designation from the commissioner of community affairs and must provide documentation sufficient to support that major job losses have occurred or will occur within such area. Any portion of one or more such contiguous census tracts may be currently designated as part of an existing less developed census tract area. In addition, one or more such contiguous census tracts must meet the criteria in paragraph (3)(b) 2) and (3)(b) 3) of Department Rule

110-9-1-.02

. Notwithstanding any provision of this subparagraph to the contrary, any area composed of one or more contiguous census tracts which is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, may be designated as a less developed census tract area. In order to be considered for designation as a less developed census tract the area requesting designation must show actual job losses that exceed the following threshold criteria:

1. If the unemployment rate of the area requesting designation has exceeded the state's average unemployment rate for the previous 3 months, the dislocation must amount to at least 2 percent of the area's labor force.

2. If the unemployment rate of the area requesting designation was equal to or less than the state's average unemployment rate for any of the previous 3 months, the dislocation must amount to at least 4 percent of the area's labor force.

3. Documentation of the closing of the business enterprise must be provided in the form of a letter from such business enterprise validating the closure, documentation of the closure on web site (for business enterprises subject to the WARN ACT) for the State Entity designated to receive WARN ACT notices, and local press releases announcing such closure and the effect of such closure on the community. For purposes of this provision, a closure will be defined based on the WARN ACT; Public Law 100-379 Section 2(a)(2) as the permanent shutdown of a single business establishment, or one or more facilities or operating units within such establishment, if the shutdown results in an employment loss at the establishment during any 30-day period for 50 or more employees excluding any part-time employees.

(e) At any time, a request for designation based on a sudden and severe period of economic distress is sought that meets the criteria established in law and regulation, the commissioner may grant such designation for a specified period of time. At any time, a request for less developed census tract designation based on a sudden and severe period of economic distress is sought that meets the criteria established in law and regulation, the commissioner will determine if the request meets the provision for designation and obtain the agreement of the commissioner of economic development prior to issuing an opinion on the request.

(5)

Procedures to Ensure Business Enterprises Can Claim Credits in Future Years.

For business enterprises which plan a significant expansion in their labor forces, the following procedures ensure the business can claim credits in future years based on the pre-existing tier status, military zone designation, or less developed census tract designation and without regard to a particular county or census tract being reclassified in the annual ranking. A business enterprise which plans for growth and expansion of its labor force may file an online notice of intent with the commissioner of community affairs to preserve the benefits associated with the tier status, military zone designation, or less developed census tract designation in an area that has been reclassified (for example, bottom 40, tier 1, tier 2, or tier 3 county that has received a new ranking, or a less developed census tract in a tier 2, tier 3, or tier 4 community that has lost its designation). The notice of intent shall state the county/census tract area in which the business enterprise plans to locate or expand and the anticipated period in which these jobs will be created. The notice of intent may only be filed for business enterprises which plan to create jobs within three years of the date the notice of intent, except when evidence satisfactory to the commissioner of community affairs is submitted that demonstrates a high probability that significant job creation will result within the timeframe submitted in the notice of intent. Once accepted by the commissioner, the notice of intent will preserve the prior county tier status, military zone designation, or census tract designation and allow the business enterprise to claim the related job tax credits for the three-year time-frame protected by the notice of intent provided all other program requirements are satisfied as specified in these regulations and in the O.C.G.A. §

48-7-40

,

48-7-40.1

, and

36-62-5.1

.

(a) The Notice of Intent procedures described in these regulations are intended to protect companies, for the limited period of three years, from the results of the annual re-ranking of counties and census tracts. These procedures, however, do not protect companies from changes in law unless otherwise specified in law. Protection provided by Notices of Intent include the following potential impacts from re-ranking: changes in business eligibility due to ranking outside of bottom 40 counties, changes in tax credit amount, changes in job threshold, changes in limitations in the amount of tax liability that may be offset, and changes in ability to apply credits against payroll withholding.

(b) Notices of Intent must be filed on or before March 31 st of the calendar year first affected by the change in county or census tract designation; however, if the annual rankings are published after January 1, the Notice of Intent shall be due within ninety (90) days of such publication, whichever occurs later. The business must include the name of the business, the location address of the business establishment creating the jobs, the type of business establishment including the NAICS code, and a legible, valid contact on the submitted Notice of Intent.

(c) Notices of Intent apply to the three-year period that begins January 1st of the year in which the Notice of Intent is filed, unless evidence satisfactory to the commissioner of community affairs is submitted that demonstrates a high probability that significant job creation will result within a future three-year time frame specifically outlined in the Notice of Intent. However, in no case may the period secured by the Notice of Intent extend beyond three consecutive years nor beyond five years from the date of filing the initial Notice of Intent.

(d) Only net new jobs created during the three-year Notice of Intent period are eligible to claim the tax credit benefits preserved by the Notice of Intent. Maintained jobs, which are eligible for five years of credits, may still claim these benefits after the Notice of Intent period has lapsed.

(e) Notices of Intent may be updated or amended by any business enterprise not more often than once a year. Should a county be reclassified to a more beneficial tier status during the Notice of Intent period, the business enterprise may elect to claim tax credits based on the more beneficial ranking for any net new jobs created.

History

• Authority: O.C.G.A. §§ 36-62-5.1, 48-7-40, 48-7-40.1, 48-7-40.23
• History. Original Rule entitled "Designation of Tier Status of Georgia Counties/Designation of Less Developed Census Tract Areas" adopted as ER. 110-9-1-0.2-.02. F. June 16, 1995; eff. June 14, 1995, the date of adoption.
• Amended: Permanent Rule of same title adopted. F. Aug. 17, 1995; eff. Sept. 6, 1995.
• Amended: F. Feb. 27, 1998; eff. Mar. 19, 1998.
• Amended: F. Dec. 11, 2000; eff. Dec. 31, 2000.
• Repealed: New Rule of same title adopted. F. Apr. 23, 2002; eff. May 13, 2002.
• Amended: F. Apr. 18, 2003; eff. May 8, 2003.
• Amended: F. Aug. 21, 2006; eff. Sept. 10, 2006.
• Amended: F. Jan. 14, 2008; eff. Feb. 3, 2008.
• Repealed: New Rule of same title adopted. F. Oct. 30, 2009; eff. Nov. 19, 2009.
• Amended: F. Oct. 22, 2013; eff. Nov. 11, 2013.
• Amended: F. Dec. 2, 2016; eff. Jan. 1, 2017, as specified by the Agency.
• Amended: F. Feb. 28, 2017; eff. Feb. 8, 2017, as specified by the Agency.
• Amended: F. Aug. 22, 2018; eff. Sept. 11, 2018.
• Amended: F. June 2, 2020; eff. June 22, 2020.
• Amended: F. Sep. 14, 2020; eff. Oct. 4, 2020.
• Amended: F. Nov. 23, 2020; eff. Dec. 13, 2020.
• Amended: F. Sep. 9, 2022; eff. Sep. 29, 2022.
• Amended: F. Mar. 9, 2026; eff. Mar. 29, 2026.
• Amended: F. Aug. 31, 2026; eff. Sep. 20, 2026.

Ga. Comp. R. & Regs. r. 110-9-1-.03 [Effective 9/20/2026] Job Tax Credit

(1)

Eligibility for Job Tax Credit for Net New Jobs Created in Year One.

Provided that all the provisions of these regulations are met, business enterprises in counties currently designated as tier 1 counties or less developed census tract areas shall be allowed a job tax credit for taxes imposed under O.C.G.A. §

48-7-2

equal to $3,500 annually, business enterprises in counties currently designated as tier 2 counties shall be allowed a job tax credit for taxes imposed under O.C.G.A. §

48-7-2

equal to $2,500 annually, business enterprises in counties designated as tier 3 counties shall be allowed a job tax credit for taxes imposed under O.C.G.A. §

48-7-2

equal to $1,250 annually, and business enterprises in counties currently designated as tier 4 counties shall be allowed a job tax credit for taxes imposed under O.C.G.A. §

48-7-2

equal to $750 annually. The credit amount allowed for each tier shall apply to each net new full-time employee job created for five (5) years, upon the creation of the net new job in year one and maintained for years two through five,.

(a) A business enterprise will receive job tax credits in year one for net new full-time employee jobs created in year one. Similarly, a business enterprise will receive job tax credits in year two for net new full-time employee jobs created in year one and maintained in year two. This method of calculating job tax credits also applies in years three through five. The number of net new full-time employee jobs created and maintained during years one through five will be calculated in the same manner as described in Department Rule 110-9-1-.03(1)(c) , i.e., using a comparison of total average increase/decrease in monthly employment from taxable year to taxable year.

(b) Only those business enterprises that increase employment by two or more in a tier 1 county, a Military Zone or an Opportunity Zone shall be eligible for the credit. Only those business enterprises that increase employment by five or more in a less developed census tract, not including a Military Zone or an Opportunity Zone, shall be eligible for the credit. Only those business enterprises that increase employment by 10 or more in a tier 2 county shall be eligible for the credit. Only those business enterprises that increase employment by 15 or more in a tier 3 county shall be eligible for the credit. Only those business enterprises that increase employment by 25 or more in a tier 4 county shall be eligible for the credit. The credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected.

(c)

The number of net new full-time employee jobs increase/decrease shall be determined by comparing the total monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding number of the prior taxable year. The total monthly average number of net new full-time employee jobs in a taxable year shall be determined by the following method:

1. for each month of the taxable year, count the total number of full-time employees of the business enterprise that are subject to Georgia income tax withholding as of the last payroll period of the month or as of the payroll period during each month used for the purpose of reports to the Georgia Department of Labor;

2. add the monthly totals of full-time employees; and

3. divide the result by the number of months the business enterprise was in operation during the taxable year. Note that only an initial start-up year may be calculated at less than twelve months - see Department Rule 110-9-1-.03(6) for further clarification. Transferred jobs and replacement jobs may not be included in the monthly totals.

(d) For business enterprises that made the election authorized by O.C.G.A. § 48-740.23 in 2001 to use a calendar year for reporting the job tax credit, or for those businesses which had a change in the taxable period after initially filing for the job tax credit, then those businesses will continue to utilize the same reporting period as previously used in claiming the job tax credit regardless of the actual period covered by the tax return. The calculation of the credit will be in the same manner described in Department Rule 110-9-1-.03(1)(c) above but will use the applicable twelve-month period for the job tax credit calculation in lieu of the taxable year. See Department Rule 110-9-1-.03(6) for further clarification on the twelve-month period.

(e) Job tax credits for net new full-time employee jobs created in year one and maintained during a portion of or all of the following four years will not be affected even if the county/census tract area, during years two through five, is no longer designated as less developed or is reclassified.

(2)

Eligibility for Job Tax Credit for Additional Net New Jobs (Jobs Created During Years Two Through Five).

Tax credits for the taxes imposed under O.C.G.A. § shall be awarded for additional net new full-time employee jobs created by business enterprises qualified under subsection (b) or (c) of O.C.G.A. §

48-7-40

and §

48-7-40.1

for the four years immediately following an eligible Year One. Additional credits are allowed for additional net new full-time employee jobs if the business enterprise already qualifies for the job tax credit based on net new job increases in year one and if the county/census tract area retains the year one status in the current year. Additional credits are also allowed for additional net new jobs if the business enterprise already qualifies for the job tax credit based on net new job increases in year one and the additional net new full-time employee jobs are created within the timeframe of a current and accepted notice of intent. Additional net new full-time employee jobs shall mean those net new jobs created in year two that increase an employer's monthly average of full-time employees above the number of monthly average of full-time employees in year one; and those net new jobs created in year three that increase an employer's monthly average of full-time employees above the highest number of monthly average of full-time employees achieved by a business enterprise in previous years beginning with year one, etc. Additional net new full-time employee jobs may only be created in years two through five, including all subsequent years two through five initiated by a qualifying increase of net new jobs.

(a)

The number of additional net new full-time employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year, with the corresponding number of the prior taxable year. The monthly average number of full-time employees in a taxable year shall be determined by the following method:

1. for each month of the taxable year, count the total number of full-time employees of the business enterprise that are subject to Georgia income tax withholding as of the last payroll period of the month or as of the payroll period during each month used for the purpose of reports to the Georgia Department of Labor;

2. add the monthly totals of full-time employees; and

3. divide the result by the number of months the business enterprise was in operation during the taxable year. Note that only an initial start-up year may be calculated at less than twelve months - see Department Rule 110-9-1-.03(6) for further clarification. Transferred jobs and replacement jobs may not be included in the monthly totals.

(b) A business enterprise will receive job tax credits in year two for additional net new full-time employee jobs created in year two. Similarly, a business enterprise will receive job tax credits in year three for additional net new full-time employee jobs created in year two and maintained in year three. This method of calculating job tax credits also applies to the remaining three years that an enterprise may receive tax credits for additional jobs created in year two. This same process applies to additional net new jobs created in years three through five. The number of additional jobs maintained during years two through five after their creation will be calculated in the same manner as described in Department Rule 110-9-1-.03(2)(a) , i.e., using a comparison of total average increase/decrease in monthly employment from taxable year to taxable year.

(c) Job tax credits for additional jobs created in years two through five and maintained during a portion of or all of the following four years after the creation of the additional jobs will not be affected even if the county/census tract area, at some point during the years the additional jobs are being maintained, is reclassified to another tier or is no longer designated as less developed.

(d) Additional job tax credit amounts shall be based on the current tier or census tract status of the area or on the current accepted notice of intent. In addition, job tax credits for additional jobs shall only be allowed if the business enterprise has met, in Year One, the net employment increase required by the current status of the area. If, however, a company has filed a notice of intent that has been accepted by the commissioner of community affairs and if additional jobs are created within the timeframe of the notice of intent, credits for these additional jobs will be allowed if the business enterprise has met, in Year One, the net employment increase required by the status of the area as temporarily preserved by the notice of intent filed with the Georgia Department of Community Affairs.

(e) Credits for net new jobs may only be claimed in the year the net new job is created. The only exception is that a job may be counted if a prior part-time position becomes a full-time position where all other requirements for eligibility are satisfied. If the credit is not claimed in the year created, those credits are lost.

(f) The Job Tax Credit for jobs created in prior years may not be claimed unless the business took the Job Tax Credit in the year the net new jobs were created. For example, net new full-time employee jobs were created in a given year. The business creating the jobs did not claim the job tax credit on said jobs on the tax filing for that year. The opportunity to claim those credits is lost. In a subsequent year, the business created additional net new jobs. The business may only claim the jobs tax credit on the additional net new jobs created in the year corresponding with that filing. Jobs created in prior years, without credits having been claimed for the year in which the jobs were created, are ineligible to be counted as net new jobs or for any year in the five-year window allowed.

(3)

Additional Job Tax Credit Program Requirements for All Net New and Additional Jobs Starting with Taxable Years Beginning on or After January 1, 2001

. These provisions apply to all counties, as well as to less developed census tract areas.

(a) To qualify for any job tax credits, business enterprises must make health insurance coverage available to all employees filling the net new or additional net new full-time employee jobs; provided, however, that nothing in these regulations shall be construed to require business enterprises to pay for all or any part of health insurance coverage for such employees in order to claim job tax credits if such business enterprises do not pay for all or any part of health insurance coverage for other employees. That is, net new and additional employees must receive the same health insurance benefit as existing employees, and, at a minimum, must have health insurance coverage made available to them. Examples of non-qualifying coverages include but are not limited to a stipend paid to the employee, Health Insurance Exchange / Marketplace coverage, or Affordable Care Act coverage.

(b)

In order for a business enterprise to demonstrate compliance with this provision, the business enterprise must maintain written documentation of the employee's health insurance coverage as offered upon employment. Upon audit, business enterprises must document the availability of health insurance coverage with insurance plan documents and other relevant information. For all counties and for less developed census tract areas, the wage of each net new job created must be above the average wage of the county that has the lowest average wage of any county in the state as reported in the most recently available annual issue of the

Georgia Employment and Wages Averages Report

of the Department of Labor.

1. The average wage of the county means the average wage as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Georgia Department of Labor, which is the issue that is available as of the last day of the tax year in which the jobs are created.

2. The average wage is reported by the Georgia Department of Labor as a weekly wage. To convert the weekly wage to an annual wage, multiply the reported weekly wage by 52 weeks.

3. Determination of the wage of each of the net new and additional jobs will be determined based on each net new full-time employee job. Upon audit, business enterprises must document that wage standards as described herein have been met.

(4)

Initiation of Subsequent Periods of Eligibility for Job Tax Credits Based on Required Net Employment Increases for Counties and Less Developed Census Tract Areas.

A subsequent year one and years two through five are created when a business enterprise creates the required threshold number of net new full-time employee jobs or more above its previous high employment (based on monthly average of full-time employees for each year) beginning with employment during the business enterprise's first year of eligibility for the job tax credit (initial year one).

(a) Subsequent periods of eligibility are subject to all the provisions of these regulations and O.C.G.A. §§ 48-7-40 , 48-7-40.1 , and 36-62-5.1 .

(b) Job tax credits generated under previous periods of eligibility will not be affected as long as the net new jobs are maintained. But no net new job tax credits may be generated under previous periods of eligibility after a subsequent period of eligibility has begun.

(c) If a business enterprise creates the required number of net new jobs to establish a subsequent period of eligibility but does not meet other requirements in law or regulation pertaining to health insurance and average wage, no subsequent period of eligibility is established. In addition, such net new jobs may not be counted as additional jobs under a previous period of eligibility.

(5)

Computation of Job Tax Credit for Business Enterprises By County/Census Tract Area.

If a business enterprise has multiple locations, each location must calculate the job tax credit separately based on the county or census tract in which it is located. However, if locations are in the same county or census tract, they may combine those locations into one calculation.

(a) When a single physical location includes both business enterprise activities and other activities, only employment directly associated with the business enterprise may be counted toward the number of net new full-time employee jobs needed to generate credits, unless the single physical location is primarily engaged in eligible activities as defined by these regulations.

(6) Computation of Job Tax Credit for Business Enterprises Based On 12 Month Periods Only. Business enterprises must compute increases and decreases in full-time employee jobs on the basis of 12-month periods only, even when business enterprises have taxable years that are not equal to 12 months. The exception to this rule is a business enterprise which begins operations in mid-year. Initial eligibility for a start-up operation may be based on less than twelve months. All subsequent job tax credit calculations must be made on twelve-month periods regardless of short period returns or changes in tax periods. This may cause the job tax credit calculation period to be different from the tax year of the business enterprise.

(7) Carryforward of Job Tax Credit and Limitation on Amount of Tax Credit In Any One Taxable Year. Effective January 1, 2025, any credit claimed under O.C.G.A. §§ 487-40, 48-7-40.1 , or 36-62-5.1 but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified jobs were established. In tiers 3 and 4, the credit established by O.C.G.A. §§ 48-7-40 , 48-7-40.1 , and 36-625.1 taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. In tiers 1 and 2 and in less developed census tract areas, the credit allowed under O.C.G.A. §§ 48-7-40 , 48-7-40.1 , and 36-62-5.1 against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability attributable to income derived from operations in this state for such taxable year, unless otherwise provided by law and regulation.

(8)

Use of Job Tax Credits Against Income Tax Withholding.

This provision allows for business enterprises which have excess income tax credit to claim such excess credit against withholding taxes if the business enterprise is located within a tier 1 county or a less developed census tract, or for projects certified by the commissioner of economic development.

(a) Business enterprises in tier 1 counties and in less developed census tract areas shall be allowed job tax credits as provided in law and regulation. Any lawful business located within areas specified under O.C.G.A. §§ 48-7-40(I) , 48-7-40.1(c)(2) and 48-7-40.1(c)(4) shall also be allowed job tax credits as provided in law and regulation. When the amount of such credits exceed income tax liability, the excess may be taken as a credit against quarterly or monthly payments under O.C.G.A. § 48-7-103 but not to exceed in any one taxable year $3,500 for each net new full-time employee job when aggregated with the credit applied against income tax liability.

(b) Business enterprises that have a location or expansion project in this state which has been certified as a competitive project by the commissioner of economic development under O.C.G.A. § 48-7-40(a)(3) shall be allowed job tax credits as allowed by law and regulation. When the amount of such credit exceeds income tax liability credit limitations, the excess may be taken as a credit against quarterly or monthly payments under O.C.G.A. § 48-7-103 but not to exceed in any one taxable year $2,500 for each net new full-time employee job in a tier 2 county, $1,250 for each net new full-time employee job in a tier 3 county, and $750 for each net new full-time employee job in a tier 4 county.

(c) Note that DCA will not further regulate or administer this provision. Refer to the Georgia Department of Revenue Regulation 560-7-8-.36 , Job Tax Credit Rules, for specific information on utilizing the income tax withholding benefit of the Job Tax Credit.

(9)

Change of Ownership or Control.

The sale, merger, acquisition, reorganization, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity. Any unused job tax credit may be transferred by a business enterprise to any transferee of that business enterprise. Provided the operations of the business enterprise are essentially continued by the new entity, new tax credits may be earned by any transferee of a business enterprise for net new full-time employee jobs created by the original business enterprise as long as those net new full-time employee jobs are maintained by the transferee of the business enterprise and as long as the transferee meets other applicable requirements in law and regulation.

(a) In the event that business assets have not been out of service for six (6) months or twelve (12) months for a seasonal business enterprise, the transferee may petition the commissioner of community affairs to establish a base level of employment in order to be eligible for credits of newly created full-time employee jobs. Such application should include payroll and job-related information from the preceding company, along with other relevant information that may be useful and/or requested.

(b) In the event that full-time employee jobs are preserved by the transferee for a substantially different process than their immediate prior use (i.e., the creation of an essentially different business enterprise), the transferee (succeeding enterprise) shall consider any preserved full-time employee jobs or any net new full-time employee jobs added to the new entity, as net new employee jobs. No approval is required from the commissioner of community affairs under this scenario.

(c) Any time a business is uncertain whether or not net new jobs have been created based on this paragraph, the business must seek a ruling from the commissioner of community affairs before claiming any credits.

(10) Time Limit for Claiming Tax Credits. Any tax credit claimed under O.C.G.A. §§ 48-740 and 48-7-40.1 must be claimed within one year of the earlier of the date the original tax return was filed or the date such return was due, including extensions.

(11) Request for Determination. In the event that a business believes it should qualify for the Job Tax Credit program but does not clearly meet the eligibility requirements outlined in the Code and regulation, a Request for Determination may be requested from the Department of Community Affairs. The business should provide a detailed explanation of the activity being conducted at the business location for which the Job Tax Credits are being requested, along with any documentation to support the request. Once all information necessary to make a determination has been received, the Department shall have 30 days to complete the review and issue a determination regarding the eligibility of the business for the job tax credit program.

(12) Authority of the Commissioner of Community Affairs. The commissioner of community affairs shall determine which businesses are engaged in qualifying activities and whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification.

(13)

Special Provisions.

(a) In counties recognized and designated as the first through fortieth least developed counties in the tier 1 designation, job tax credits shall be allowed as provided in these regulations, in addition to business enterprises, to any business of any nature as provided in O.C.G.A. § 48-7-40(i) .

(b) Beginning with taxable years that begin on or after January 1, 2004, in areas recognized and designated as Opportunity Zones under O.C.G.A. § 48-7-40.1(c) (4) or Military Zones under O.C.G.A. § 48-7-40.1(c)(2) , job tax credits shall be allowed as provided in these regulations, in addition to business enterprises, to any business of any nature.

(c) The generation of tax credits for jobs created under an eligible Year One during taxable years beginning prior to January 1, 2009 will not be affected by changes in these regulations. Such tax credits will be based on law and regulation in effect at the time the Year One jobs were created, as well as any additional jobs created in the subsequent Years Two through Six which do not generate a new Year One.

(d) The amount of any tax credit will be based on the status of the county/less developed census tract area in the year in which qualifying net new full-time employee jobs are created and not on the status of the county/less developed census tract area in subsequent years when qualifying jobs are being maintained.

(e)

When a less developed census tract area and a less developed county overlap, the following rules shall apply unless otherwise changed by the commissioner of community affairs based on a petition from a business enterprise:

1. If a business enterprise locates in the area of overlap between a tier 1 county and a less developed census tract area, rules governing the tax credit shall be based on the portions of these regulations governing tier 1 counties;

2. If a business enterprise locates or expands in the area of overlap between a tier 2 county, a tier 3 county or a tier 4 county and a less developed census tract area, the business enterprise may choose to claim the credit authorized by O.C.G.A. § 48-7-40 or the credit authorized by O.C.G.A. § 48-7-40.1 each applicable tax year, provided all requirements of the applicable O.C.G.A. § are met; and

3. Under no circumstances shall tax credits based on less developed counties and less developed census tract areas be added.

(f) A credit is not generated during a year if the net employment increase in that year falls below the number of net new full-time jobs required in the current tier or census tract area.

(f) A business enterprise claiming the tax credit under O.C.G.A. § 48-7-40 , the county tier program, and located within the jurisdiction of a joint authority established by two or more contiguous counties will qualify for an additional $500 tax credit for each net new full-time employee job created. A business enterprise located within the jurisdiction of a joint authority, however, must create the number of net new jobs required by the tier status of the county in which the business enterprise is located before any tax credits will be allowed. The $500 job tax credit authorized by this subparagraph shall be subject to all the conditions and limitations specified under these regulations. The benefits of the job tax credit authorized by the election provided for in this subparagraph shall be subject to all the conditions and limitations specified under these regulations. The Georgia Department of Community Affairs will not regulate the creation or operation of joint development authorities, nor will the department define bona fide authorities for the purposes of the job tax credit program.

(g) No taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in these regulations if such taxpayer claims on such tax return any of the credits authorized under 48-7-40.2, 48-7-40.3, or 48-7-40.4, unless otherwise specifically allowed under these O.C.G.A. §.

(h) The census tract designation provisions authorized under O.C.G.A. § 48-7-40.1(c) (1), (3) and (4) shall be applicable to all requests for designation filed on or after July 1, 2013.

(j) Existing business enterprises and, for taxable years beginning on or after January 1, 2026, and prior to January 1, 2031, forestry manufacturers shall be allowed an additional tax credit for taxes imposed under this article equal to $500 per eligible new full-time employee job the first year in which the new full-time employee job is created. The additional credit shall be claimed in the first taxable year in which the net new full-time employee job is created. The number of net new full-time employee jobs shall be determined by comparing the monthly average number of net full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those existing business enterprises and forestry manufacturers that increase employment by 5 or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises and forestry manufacturers that increase employment by 10 or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises and forestry manufacturers that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises and forestry manufacturers that increase employment by 25 or more shall be eligible for the credit. The average wage of the net new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health coverage available to the employee filling the net new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit generated and utilized for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The Georgia Department of Community Affairs will not regulate the creation or operation of forestry manufacturers for the purposes of the job tax credit program. This subsection shall stand repealed by operation of law on the last moment of December 31, 2030.

History

• Authority: O.C.G.A. §§ 36-62-5.1, 48-7-40, 48-7-40.1, 48-7-40.23
• History. Original Rule entitled "Job Tax Credit" adopted as ER. 110-9-1-0.2-.03. F. June 16, 1995; eff. June 14, 1995, the date of adoption.
• Amended: Permanent Rule of same title adopted. F. Aug. 17, 1995; eff. Sept. 6, 1995.
• Amended: F. Feb. 27, 1998; eff. Mar. 19, 1998.
• Amended: F. Dec. 11, 2000; eff. Dec. 31, 2000.
• Repealed: New Rule of same title adopted. F. Apr. 23, 2002; eff. May 13, 2002.
• Amended: F. Apr. 18, 2003; eff. May 8, 2003.
• Amended: F. Jan. 14, 2008; eff. Feb. 3, 2008.
• Repealed: New Rule of same title adopted. F. Oct. 30, 2009; eff. Nov. 19, 2009.
• Amended: F. Oct. 22, 2013; eff. Nov. 11, 2013.
• Amended: F. Dec. 2, 2016; eff. Jan. 1, 2017, as specified by the Agency.
• Amended: F. Feb. 28, 2017; eff. Feb. 8, 2017, as specified by the Agency.
• Amended: F. Aug. 22, 2018; eff. Sept. 11, 2018.
• Amended: F. June 2, 2020; eff. June 22, 2020.
• Amended: F. Oct. 16, 2024; eff. Nov. 5, 2024.
• Amended: F. Aug. 31, 2026; eff. Sep. 20, 2026.

Chapter 110-10 Regional Planning and Development Contracts

Subject 110-10-1 Regional Planning and Development Contracts

Ga. Comp. R. & Regs. r. 110-10-1-.01 Purpose

The purpose of this program is to provide eligible applicants with flexible and timely financial assistance needed to develop and/or implement regional planning and development projects.

History

• Authority: O.C.G.A. Sec. 50-8-1et seq. and Appropriations Act
• History. Original Grant description entitled "Purpose" received July 3, 1995.
• Submitted: Grant description, same title, received Jun. 11, 1996.
• Submitted: Dec. 18, 1996.
• Submitted: Jun. 20, 1997.
• Submitted: July 22, 1998.

Ga. Comp. R. & Regs. r. 110-10-1-.02 Eligible Applicants

(1) Eligible applicants and recipients of funds awarded under this program shall be municipalities and counties, local government authorities, regional development centers, state agencies, and state authorities. All applicants must be in compliance, where applicable, with the requirements regarding comprehensive planning, solid waste management planning, report of local government financing, local government authorities registration, and resolution of DCA performance audit exceptions to the satisfaction of the Department.

(2) Eligible applicants must apply for funds under this program in a format and manner prescribed by the Department. Funding announcements and applications may be received by writing to the Department of Community Affairs at: Department of Community Affairs Office of Coordinated Planning 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231

History

• Authority: O.C.G.A. Sec. 50-8-9 and Appropriations Act
• History. Original Grant description entitled "Eligible Applicants" received July 3, 1995.
• Submitted: Jun. 11, 1996.
• Submitted: Dec. 18, 1996.
• Submitted: Jun. 20, 1997.
• Submitted: July 22, 1998.

Ga. Comp. R. & Regs. r. 110-10-1-.03 Fund Availability

(1) Funds to be made available by the Department of Community Affairs on a competitive basis will be determined by the Commissioner of Community Affairs prior to a competition.

(2) Contingent on the availability of funds, the Department shall hold at least one competition per year. The deadline for submitting applications shall be specified in an announcement for each competition, but in no event shall be less than twenty days from the date of such announcement.

(3) The Department must receive applications no later than the deadline established in the announcement for each competition. Applications that are faxed or applications that are received after the deadline will only be considered for funding after all other applications have been evaluated and excess funds remain.

History

• Authority: O.C.G.A. Sec. 50-8-9 and Appropriations Act
• History. Original Grant description entitled "Fund Availability" received July 3, 1995.
• Submitted: Jun. 11, 1996.
• Submitted: Dec. 18, 1996.
• Submitted: Jun. 20, 1997.
• Submitted: July 22, 1998.

Ga. Comp. R. & Regs. r. 110-10-1-.04 Eligible Activities

(1) Activities/projects proposed for funding must be consistent with approved Regional Plans and this must be demonstrated in the project proposal. In regions where there is no approved Regional Plan, proposed activities/projects should be consistent with the emerging regional plan or the adopted goals and objectives of the particular region. This consistency must also be demonstrated.

(2) Eligible activities include, but are not limited to, regionally focused programs for local government plan implementation assistance, regional geographic information system implementation, innovative programs or activities that promote multi-county or regional development, regionally important resources implementation, specialized studies or plans needed to implement regional projects, and any other regional planning or development activities or projects as may be announced by the Department prior to the deadline for a competition.

(3) During any competition, applicants may submit one or more applications for eligible activities. Each qualified application will be considered for funding by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-9 and Appropriations Act
• History. Original Grant description entitled "Eligible Activities" received July 3, 1995.
• Submitted: Jun. 11, 1996.
• Submitted: Dec. 18, 1996.
• Submitted: Jun. 20, 1997.
• Submitted: July 22, 1998.

Ga. Comp. R. & Regs. r. 110-10-1-.05 Review of Contract Applications

(1) Eligible applications received during a competition period will be reviewed by an application review team to determine the merit of each application and whether such applicant shall receive contract funds. Applications will be reviewed, as applicable to each application, on historic performance under previous contracts with the Department; consistency of proposed activities with both regional and/ or local plans; status of local comprehensive plans; local government performance in plan implementation; the reasonableness of the budget and cost estimates; the proposed timetable for the project's completion; amount of cash match; project feasibility; project impact; and project transferability.

(2) The order in which the guidelines are stated in the above subsection does not indicate any priority of one over another.

(3) These guidelines are designed to assist the Department in making its decision and are not intended to establish definitive tests or standards. Decisions that the Department makes shall be final and conclusive.

History

• Authority: O.C.G.A. Sec. 50-8-9 and Appropriations Act
• History. Original Grant description entitled "Review of Applications" received July 3, 1995.
• Submitted: Jun. 11, 1996.
• Submitted: Grant description entitled "Review of Contract Applications" submitted Dec. 18, 1996.
• Submitted: Jun. 20, 1997.
• Submitted: July 22, 1998.

Ga. Comp. R. & Regs. r. 110-10-1-.06 Award of Contract Funds

(1) Within approximately 30 days of the close of a competition, the Department will select recipients based upon the applicable review criteria outlined at 110-10-1-.05 .

(2) Individual project/proposal funding limits will be established by the Commissioner of Community Affairs and identified in the competition announcement. A cash match of no less than 25% of total project costs is required. Funding limits may be waived upon the sole discretion of the Commissioner of Community Affairs.

(3) Once a project/proposal is selected for funding, funds will be made available by the Department through a contract. Successful applicants will be required to furnish the Department an electronic version of their proposals. The Department will convert relevant portions of these proposals into a "Scope of Services" for inclusion in a contract. As a part of the contract, recipients must file reports on the progress toward completing the project, the impact and performance of the project, and other information that may be required by the Department in a format prescribed by the Department.

(4) The Department may approve a contract subject to certain general or special conditions incorporated into the contract. Due to the limited amount of funds available, the Department may also award an amount less than the amount requested in the application. Applicants will have up to thirty (30) days from the date of the contract offer to accept any general or special conditions and/or the reduced contract amount. If the applicant fails to accept the above general or special conditions or lower grant amount within the required period, the contract offer may be withdrawn by the Department.

(5) The Department will provide recipients with specific instructions and forms to be used by progress reporting and drawdown of funds under the contract.

History

• Authority: O.C.G.A. Sec. 50-8-9 and Appropriations Act
• History. Original Grant description entitled "Awarding of Funds" received July 3, 1995.
• Submitted: Jun. 11, 1996.
• Submitted: Grant description entitled "Award of Contract Funds" submitted Dec. 18, 1996.
• Submitted: Jun. 20, 1997.
• Submitted: July 22, 1998.

Chapter 110-11 Georgia State Minimum Standard Codes

Subject 110-11-1 Georgia State Minimum Standard Codes

Ga. Comp. R. & Regs. r. 110-11-1-.01 Purpose

The Official Code of Georgia Annotated (O.C.G.A.) Section 8-2-20et seq. sets forth the state minimum standard codes. Furthermore, O.C.G.A. Section 8-2-23 provides that the Department of Community Affairs may from time to time revise and amend the state minimum standard codes.

History

• Authority: O.C.G.A. Sec. 8-2-23
• History. Original Rule entitled "Purpose" adopted. F. Sept. 8, 1995; eff. Sept. 28, 1995.

Ga. Comp. R. & Regs. r. 110-11-1-.02 Adoption of Codes

The following codes are hereby adopted by the Board of Community Affairs as the Georgia State Minimum Standard Codes for building, gas, mechanical, plumbing and fire prevention:

1. The Southern Building Codes Congress, International (SBCCI) Standard Building Code, 1994 Edition, with 1995 Georgia Amendments;

2. The SBCCI Standard Gas Code, 1994 Edition, with 1995 Georgia Amendments;

3. The SBCCI Standard Mechanical Code, 1994 Edition, with 1995 Georgia Amendments;

4. The SBCCI Standard Plumbing Code, 1994 Edition, with 1995 Georgia Amendments;

5. The SBCCI Standard Fire Prevention Code, 1994 Edition, with 1995 Georgia Amendments.

History

• Authority: O.C.G.A. Sec. 8-2-23
• History. Original Rule entitled "Adoption of Codes" adopted. F. Sept. 8, 1995; eff. Sept. 28, 1995.

Ga. Comp. R. & Regs. r. 110-11-1-.03 Adoption of Amendments to Codes

The following amendments to codes are hereby adopted by the Board of Community Affairs as amendments to the Georgia State Minimum Standard Codes for Construction:

GEORGIA AMENDMENT TO THE

1994 STANDARD BUILDING CODE

Amend Section 1604.2 of the 1994 Standard Building Code to read as follows:

1604.2 Reduction Of Uniform Live Load

1604.2 Delete the Georgia amendment in its entirety and substitute in lieu thereof the original wording of the 1994 SBCCI Standard Building Code for code requirements on the Reduction of Uniform Live Loads.

GEORGIA AMENDMENT TO THE

1995 CABO ONE AND TWO FAMILY DWELLING CODE

Amend Section 1603 of the 1995 CABO One and Two Family Dwelling Code (Vented Room Heaters) by adding a new Section 1603.1.2 to read as follows:

1603.1.2 Unvented room heaters shall not have a normal input rating in excess of 40,000 Btu per hour (11.7 kW) and shall not be installed in sleeping quarters.

EXCEPTION: Listed unvented room heaters for installation in bedrooms shall not have normal input rating in excess of 10,000 Btu per hour (2.9 kW). Listed unvented room heaters for installation in bathrooms shall not have normal input rating in excess of 6,000 Btu per hour (1.8 kW). Gas fired vented heaters installed in bedrooms or rooms generally kept closed shall be connected to an effective chimney or gas vent and equipped with a safety shutoff device. Gas fired unvented heaters installed in bedrooms, bathrooms or rooms generally kept closed shall be wall-mounted.

GEORGIA AMENDMENT TO THE

1996 NATIONAL ELECTRICAL CODE

Amend Section 517 of the 1996 National Electrical Code as follows:

517.21 Ground-Fault Circuit-Interrupter Protection For Personnel

Delete the Georgia amendment in its entirety and substitute in lieu thereof the original working of the 1996 National Electrical Code for requirement on ground fault circuit interrupters.

GEORGIA AMENDMENTS TO THE

1994 STANDARD FIRE PREVENTION CODE

Amend Section 3001.3 (paragraphs 3001.3.1 and 3001.3.2) of the 1994 Standard Fire Prevention Code to read as follows:

3001.3 Dispensing Flammable or Combustible Liquids

3001.3.1 No dispensing, transfer or storage of flammable or combustible liquids shall be permitted inside of any building or structure.

Exception:

1. As provided for in Chapter 9 of this code.

2. When the procedures used follow the guidelines and requirements set forth in NFPA 410 "Standard for Aircraft Maintenance."

3001.3.2 No flammable or combustible liquid shall be dispensed into or removed from the fuel system of an aircraft within any aircraft hanger.

EXCEPTION: Aircraft fuel system maintenance conducted in accordance with NFPA 410.

Amend Chapter 3, Recognized Standards and Publications to add the following:

National Fire Protection Association

410 Standard on Aircraft Maintenance 3001.3.1

3001.3.2

GEORGIA AMENDMENTS TO THE

1994 STANDARD GAS CODE

Amend Section 504 of the 1994 Standard Gas Code to read as follows:

504

Water Heaters

504.2 Location

504.2.2 When water heaters or hot water storage tanks are installed in remote locations such as suspended ceiling spaces or in attics, the tank or heater shall rest in a galvanized steel or other pan that has been tested and certified by an approved testing agency or approved by the local authority having jurisdiction. It shall be of equal corrosion resistance having a thickness of at least equal to 0.0276 inch (0.7 mm) galvanized steel. Pans shall have a minimum depth of 1 1/2 inches (38 mm). All drain pans shall have a minimum of 1 inch (25.4 mm) drain. See chapter 5 of the Standard Plumbing Code for other safety pan requirements.

Amend Section 505 (paragraphs 505.1 and 505.4) of the 1994 Standard Gas Code to read as follows:

505

Room Heaters

505.1 Installation - General

505.1.1 Listed unvented room heaters shall be installed in accordance with their listings and the manufacturer's instruction. Unvented room heaters shall not have a normal input rating in excess of 40,000 Btu per hour (11.7 kW) and shall not be installed in sleeping quarters.

EXCEPTION: Listed unvented room heaters for installation in bedrooms shall not have normal input rating in excess of 10,000 Btu per hour (2.9 kW). Listed unvented room heaters for installation in bathrooms shall not have normal input rating in excess of 6,000 Btu per hour (1.8 kW).

505.4.1 Installations in Bedrooms

505.4.1 Gas fired vented heaters installed in bedrooms or rooms generally kept closed shall be connected to an effective chimney or gas vent and equipped with a safety shutoff device.

505.4.2 Gas fired unvented heaters installed in bedrooms, bathrooms or rooms generally kept closed shall be wall-mounted.

GEORGIA AMENDMENT TO THE

1994 STANDARD HOUSING CODE

Amend Section 302.5 of the 1994 Standard Housing Code to read as follows:

302.5 Heating Facilities

302.5.3 Gas heaters listed for unvented use shall be permitted provided the room heaters are installed in accordance with their listing and the manufacturer's instructions. Unvented room heaters shall not have a normal input rating in excess of 40,000 Btu per hour (11.7 kW) and shall not be installed in sleeping quarters.

EXCEPTION: Listed unvented room heaters for installation in bedrooms shall not have normal input rating in excess of 10,000 Btu per hour (2.9 kW). Listed unvented room heaters for installation in bathrooms shall not have normal input rating in excess of 6,000 Btu per hour (1.8 kW).

302.5.3.1 Gas fired vented heaters installed in bedrooms or rooms generally kept closed shall be connected to an effective chimney or gas vent and equipped with a safety shutoff device. Gas fired unvented heaters installed in bedrooms, bathrooms or rooms generally kept closed shall be wall-mounted.

GEORGIA AMENDMENT TO THE

1994 STANDARD PLUMBING CODE

Amend Section 507.8 of the 1994 Standard Plumbing Code to read as follows:

507.8 Safety Pans and Relief Valve Waste

507.8.1 When water heaters or hot water storage tanks are installed in remote locations such as suspended ceiling spaces or in attics, the tank or heater shall rest in a galvanized steel or other pan that has been tested and certified by an approved testing agency or approved by the local authority having jurisdiction. It shall be of equal corrosion resistance having a thickness of at least equal to 0.0276 inch (0.7 mm) galvanized steel.

GEORGIA AMENDMENT TO THE

1995 CABO MODEL ENERGY CODE WITH GEORGIA

SUPPLEMENTS AND AMENDMENTS

Amend Section 704 of the 1995 CABO Model Energy Code with Georgia Supplements and Amendments Code to read as follows:

2. The Roof/Ceiling U-values specified in the envelope requirements of Section 402 of RS-22 or 704.1.2.3 shall be permitted to be adjusted in accordance with 704.1.1.1.

704.1.1.1 U-value adjustment: The Roof/Ceiling U-value for buildings that are mechanically cooled and have a roof covering with a high albedo surface can be increased in accordance with this section provided the roof surface:

a) has a minimum total solar reflectance of 0.75 when tested in accordance with ASTM E 903, and

b) has a minimum infrared emittance of 0.75 when tested in accordance with ASTM E 408.

The adjusted U-value is equal to the code specified U-value times the following adjustment factor.

Climate Range (HDD65)

Thermal Zone (Fig. 703)

Adjustment Factor

>4500

1.000

3501-4500

3

1.114

2501-3500

2

1.125

<2500

1

1.160

704.1.2.3 Roof/Ceilings. Roof/Ceiling assemblies shall comply with Table 704B.

Table 704B

Prescriptive Roof/Ceiling Values

Thermal Zone 1 Value of Roof/Ceiling 2

U(max)

R(min)

I

0.070

14

II

0.070

14

III

0.070

14

Notes:

1. Thermal zones are shown in Figure 703.

2. The U-values shall be permitted to be adjusted in accordance with 704.1.1.1.

704.6 Reference Standards. The following references are in addition to the reference standards in Chapter 5 of RS-22.

RS-43

ASTM E 903-88 Standard test Method for Solar Absorptance, Reflectance, and Materials Using Integrating Spheres. ASTM. Philadelphia, PA 19103

RS-44

ASTM E 408-71 (1990). Test Method for Normal Emittance of Surfaces Using Inspection Meter Techniques. ASTM. Philadelphia, PA 19103

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of Amendments to Codes" adopted. F. Mar. 11, 1997; eff. Apr. 1, 1997, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.04 Adoption of Amendments to Codes Regarding EIFS

The following amendments to codes are hereby adopted by the Board of Community Affairs as amendments to the Georgia State Minimum Standard Codes for Construction:

GEORGIA AMENDMENTS TO THE 1994 STANDARD BUILDING CODE

· Add to Chapter 2, Definitions, a definition for Exterior Insulation and Finish Systems (EIFS) to read as follows:

Chapter 2 - Definitions:

Exterior Insulation and Finish Systems (EIFS) - Exterior Insulation and Finish Systems are non-load bearing exterior wall cladding systems generally consisting of an insulation board, an adhesive and/or mechanical attachment of the insulation board to the substrate, glass fiber reinforcing mesh, a base coat on the face of the insulation board and an aggregated polymer binder based finish coat.

· Said building code is further amended by adding a section 1403.10 to Chapter 14 to read as follows:

Chapter 14 - Exterior Wall Covering 1403 - Veneered Walls

1403.10 Exterior Insulation and Finish Systems:

Exterior Insulation and Finish Systems (EIFS) on type III, V and VI construction used on buildings with areas less than 5000 square feet of gross floor area shall be installed according to this section. For other than type III, V and VI construction, refer to the local jurisdiction's adoption of methods, guidelines or procedures for the use of alternate materials or methods. The contractor shall supply an Evaluation Report and the EIFS manufacturer's installation and application instructions.

1403.10.1 Exterior Insulation and Finish System (EIFS) Class PB shall conform to Appendix "I", Performance Requirements for Exterior Insulation and Finish Systems.

1403.10.2 Wall Assemblies incorporating EIFS shall be provided with a drainage system as recognized in a current model code Evaluation Report and shall conform to Appendix "J", Requirements for Drainage Installed with Exterior Insulation and Finish Systems.

1403.10.3 Wall assemblies incorporating EIFS shall demonstrate drying potential as recognized in a current model code Evaluation Report and in conformance with Appendix "K", Requirements for Drying Potential for Exterior Insulation and Finish Systems.

1403.10.4 Installation of Exterior Insulation and Finish Systems (EIFS) Class PB shall comply with ASTM PS 49, Standard Practice for Application of Class PB Exterior Insulation and Finish Systems. Where there is a conflict between ASTM PS 49 and other provisions of the code, the more restrictive shall apply.

1403.10.5 Foam plastic insulation in Exterior Insulation and Finish Systems (EIFS) shall conform to the requirements of Chapter 26, Sections 2603.1, 2603.2, 2603.3.

1403.10.6 Weather Resistive Barriers

The weather resistive barrier shall be asphalt saturated felt weighing at least 14 lb. per hundred square feet, or conform to ASTM D226 Type I or equal as determined by qualified testing. The barrier shall be free from holes and breaks and shall be applied over studs or sheathing of all exterior walls. Weather-resistant sheathing paper type barriers shall be applied horizontally with the upper layer lapped over the lower layer not less than 2 inches (31 mm). Where vertical joints occur, the felt or paper shall be lapped not less than 6 inches (152 mm). Approved surface applied type barriers shall be monolithic and continuous and shall be applied in accordance with the manufacturer's specifications and application instructions.

1403.10.7 Flashing for Exterior Insulation and Finish Systems (EIFS)

Flashing shall be approved, corrosion resistive, and provided in such a manner as to be leakproof and flashed to the exterior. Windows, doors, louvers and other similar openings shall be flashed. Windows shall be flashed at the top, sides and sills. Window heads shall be flashed to the exterior, except that self-flashing windows having a continuous lap of not less than 1 1/8 inches (28 mm) over sheathing material around the perimeter of the opening, including corners, do not require additional flashing at the head. Flashing shall be installed at the intersections of walls, including chimney chase walls, with roofs, decks, balconies, porches, stairs, landings and similar construction. The weather resistive barrier shall be continuous with the weather resistive barrier behind wall coverings adjacent to the EIFS or flashed to the exterior.

1403.10.8 Sealants for Exterior Insulation and Finish Systems (EIFS)

Sealants shall be installed between EIFS and adjoining construction or penetrations in accordance with ASTM C1193. Minimum 3/4 inch wide sealant joints shall be installed at floor lines of wood framed floors. Minimum 1/2 inch wide sealant joints shall be installed at perimeters of wall openings such as for windows and doors. Sealants applied in a fillet configuration shall be installed over bond breaker tape or other pre-formed closed cell sealant backing. Sealants shall be installed so as not to block weeps or other water drainage. Sealants shall conform to ASTM C920, grade NS, Type M or S, Class 25. Sealants shall be tested in accordance with ASTMC 1135. Minimum 50% elongation after conditioning shall be required.

· Said building code is further amended by adding figure 2304.1 to Chapter 23 as follows:

· Said building code is further amended by adding a section 2603.1.3 and section 2603.1.4 to Chapter 26 "Plastic" to read as follows:

Chapter 26: Plastic

2603 Foam Plastic Insulation

Section 2603.1.3. In areas where hazard of termite damage is very heavy, in accordance with Figure 2304.1, foam plastic including, but not limited to, extruded or expanded polystyrene or polyiscyanorate shall not be installed below grade on the exterior of foundation walls or below grade on slab foundations.

Exceptions:

1. When approved protective membranes that separate the foam plastics from the soil are provided.

2. Cold storage construction

3. Foam filled doors

4. Types I, II and IV construction

5. Interior side of basement walls

Section 2603.1. In areas where hazard of termite damage is very heavy, in accordance with Figure 2304.1, clearance between earth and foam plastics applied to the exterior wall shall not be less than 6 inches (152 mm).

· Said building code is further amended by adding ASTM reference standards to Chapter 35 to read as follows:

Chapter 35 - Reference Standards

ASTM - Reference Standards

B117-94 Standard Practice for Operating Salt Spray (Fog) Testing Apparatus

C297-94 Test method for Tensile Strength of Flat Sandwich Constructions Flatwise Plane

C578-92 Standard Specification for Rigid, Cellular Polystyrene Thermal Insulation

C1193-91 Standard Guide for Use of Joint Sealants

C1289-95 Standard Specification for Faced Rigid Cellular Polyisocyanurate Thermal Insulation Board

D968-93 Standard Test Method for Abrasion Resistance of Organic Coatings by Falling Abrasive

D2247-94 Standard Practice for Testing Water Resistance of Coatings in 100% Relative Humidity

D3273-94 Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber

D5035-90 Standard Test Method for Breaking Force and Elongation of Textile Fabrics (Strip Force)

E331-93 Standard Test Method for Water Penetration of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air Pressure Difference

G23-93 Standard Practice for Operating Light-Exposure Apparatus (Carbon-Arc Type) With and Without Water for Exposure of Nonmetallic Materials PS 49-96 Standard Practice for Application of Class PB Exterior Insulation and Finish System

· Said Building Code is further amended by adding an Appendix I to read as follows:

APPENDIX I

Performance Requirements For Exterior Insulation and Finish Systems (EIFS)

The system and its components shall meet or exceed the following performance standards.

1.0 System Performance

Characteristic

Test Method

Acceptance Criteria

1.1 Abrasion Resistance

ASTM D 968

No cracking, checking or loss film integrity at 528-quarts (500 liters) of sand

1.2 Accelerated Weathering

ASTM G 23

No deleterious effects* after 2000 hours when viewed under 5X magnification

1.3 Freeze/Thaw Resistance

air dry at 120 degrees Fahrenheit minimum eight hours total immersion in water at 70 degrees Fahrenheit to 80 degrees Fahrenheit for eight hours then exposure to 20 degrees Fahrenheit for 16 hours.

10 cycles. No deleterious effects* viewed under 5X magnification

1.4 Mildew Resistance

ASTM D3273

No growth supported during 28 day exposure time

1.5 Salt Spray Resistance

ASTM B117

No deleterious effects* at 300 hour exposure

1.6 Tensile Adhesion

ASTM C297

No failure in the adhesive, Base coat or finish coat. Minimum 5 PSI (34.5 kPa) Tensile strength before and after freeze/thaw and accelerated weathering test.

1.7 Water Penetration

ASTM E331

No water penetration beyond the plane of the base coat/ Insulation board interface after 15-minutes at 6.24 psf (299 Pa), or 20% of positive design wind pressure, whichever is greater.

1.8 Water Resistance

ASTM D2247

No deleterious effects* at 14 day exposure.

1.9 Wind Load

ASTM E330

Withstand negative and positive wind loads required by building code.

2.0 Component Performance

2.1 Physical Properties and

ASTM C578

Meets TYPE I Requirements for EPS

2.2 Physical Properties and

ASTM C 1289

Meets TYPE II Requirements for Polyisocyanuarate Thermal Insulation Board

*No deleterious effects: no cracking, checking, crazing, erosion, rusting, blistering, peeling or delamination.

*Said Building Code is further amended by adding an Appendix J to read as follows:

APPENDIX J

Requirements For Drainage Installed With Exterior Insulation and Finish Systems (EIFS)

1.01 Scope:

These requirements cover the drainage of water from wall construction incorporating EIFS and weather resistive barriers. Drainage is provided to prevent water intrusion beyond the water resistive barrier and to discharge water to the exterior.

2.01 Reference Documents ASTM Standards E 331 Standard Test Method for Water Penetration of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air Pressure Difference.

3.01 Terminology Description of Terms Specific to This Standard:

3.01.1 Drainage: The collection and discharge of water gravity flow.

4.01 Drainage of Water.

4.01.1 Walls incorporating EIFS and drainage shall be constructed to collect incidental water at the exterior outside faces of a weather resistive barrier and flashing. The wall assembly shall allow water collected at the outside faces of the weather resistive barrier and flashing to flow by gravity to the exterior.

4.01.2 The weather resistive barrier shall be integrated with the flashing to prevent water intrusion to the interior.

4.01.3 Drainage shall be confirmed by testing in accordance with ASTM E331 and Section 5.01.

5.01 Test Method For Determining The Drainage Performance of Wall Assemblies Clad With Exterior Insulation and Finish Systems (EIFS).

This test method consists of testing EIFS clad wall assemblies for Drainage Performance by ASTM E331, Standard Test Method for Water Penetration of Exterior Windows, Curtain Walls and Doors by Uniform Static Air Pressure Difference, except as described otherwise herein.

5.01.1 Scope: This test method evaluates the drainage performance of EIFS when subjected to water applied in conjunction with a positive uniform static air pressure.

5.01.2 Test Method: ASTM E331

5.01.3 Apparatus ASTM E 331 for application of water and positive uniform static air pressure and a catchment to collect and measure drained water.

5.01.4 Test Specimen

5.01.4.1 The EIFS clad wall test specimens shall be a minimum of 4'X8' (123 cm X 246 cm).

5.01.4.2 Minimum of four test specimens plus a control shall be assembled and allowed to cure for 28 days prior to test. The test specimens shall contain a fault. Dimensions and location of the fault are shown in figure J-1.0.

5.01.4.3 The EIFS assemblies shall be installed with the materials, details, and methods of assembly as required by the manufacturer.

5.01.4.3.1 For acceptance of wall assemblies with wood-based sheathing, the test wall shall include the sheathing to be accepted.

5.01.4.4 The supporting framework for the EIFS wall assemblies shall be of wood or metal stud construction with framing spacing as required by the manufacturer. The standard framing spacing is 16" (41 cm) o.c.

5.01.4.5 The test specimens shall be constructed to allow observation of drainage.

5.01.5 Test Procedure.

5.01.5.1 Test pressure difference shall be minimum 6.24 pounds per square foot.

5.01.5.2 Water delivery to the exterior surface shall be uniform and at a rate of 5.0 Gallons per square foot hour.

5.01.5.3 Water and pressure duration shall be minimum 15 minutes.

5.01.5.4 Subject the four test specimens to the conditions in 5.1, and 5.3. Observe and Verify that specimens drain freely.

5.01.5.5 Allow each specimen to drain in the vertical position.

5.01.5.6 After one hour of drainage, select one of the test specimens; disassemble and verify drainage by observation. Note: Disassembly of wall must assure inspection of all wall components. Any water accumulation beyond incidental beading due to surface tension shall be reported.

6.01 REPORT.

6.01.1 Follow ASTM E331 Sections, 12.1.1, 12.1.2, 12.1.7, 12.1.9, 12.1.10, and 12.2 plus the following:

6.01.2 Observations from 5.4, 5.5, and 5.6.

6.01.3 Details of assembly, including a description of components, mixing and application, thickness of components and a statement of conformance to the manufacturer's application instructions.

6.01.4 Photographic video documentation of test specimens, including assembly, components, drainage verification, and samples removed in 5.6.

6.01.5 Detailed drawings of the test specimens.

6.01.6 A record of all points of water penetration to the cavity and drainage performance.

• Said Building Code is further amended by adding an Appendix K to read as follows:

APPENDIX K

Requirements For Drying Potential For Exterior Insulation And Finish Systems (EIFS)

1.01 Scope These requirements cover the potential for drying of wall construction incorporating EIFS and drainage. Drying of water in excess of 1 ounce per square foot shall be confirmed by testing in accordance with ASTM E331 and Section 2.01.

2.01 TEST METHOD

2.01.1 Follow Appendix "J", Requirements for Drainage Installed with Exterior Insulation Finish Systems (EIFS), Section 5.01 through 5.01.5.6.

2.01.2 Allow three test specimens plus the control specimen to dry in a conditioned space (73 degrees Fahrenheit ± 4 degrees at 50% relative humidity) For 72 hours. {NOTE: These are usually the same test specimens tested for drainage.}

2.01.3 After 72 hours of drying, cut three 12" X 12" samples to include all components of the assembly except framing from each test specimen and the control, as shown in figure K-1.0.

2.01.4 Record observations.

2.01.5 Immediately weigh each sample and place in an oven controlled at 120 ± 10 degrees Fahrenheit until constant weight is obtained. Record weight loss of each sample to the nearest .01 ounce.

2.01.6 Determine the average weight loss for the nine samples (TSRM) from the test specimens. Determine the average weight loss for the three control samples (CSBM).

3.01 TSRM - CSBM = SRM TSRM - Average residual moisture in nine test samples (oz.) CSRM - Average background moisture in three control samples (oz.) SRM - Average residual moisture in system per square foot; (ounce per square foot).

4.01 REPORT A record of all weights as recorded in Section 2.01.5 and 2.01.6 to evaluate drying potential.

5.01 ACCEPTANCE SRM (Average Residual Moisture in system per square foot) shall not exceed 1 ounce per square foot.

GEORGIA AMENDMENTS TO THE 1995 CABO ONE AND TWO FAMILY DWELLING CODE

*Add to Chapter 2, Definitions, a definition for Exterior Insulation and Finish Systems (EIFS) to read as follows:

Chapter 2 - Building Definitions:

Exterior Insulation and Finish Systems (EIFS) - Exterior Insulation and Finish Systems are non-load bearing exterior wall cladding systems generally consisting of an insulation board, an adhesive and/or mechanical attachment of the insulation board to the substrate, glass fiber reinforcing mesh, a base coat on the face of the insulation board and an aggregated polymer binder based finish coat.

*Said CABO code is further amended by adding a section 323.1.1 to Section 323 to read as follows:

Section 323 - Protection Against Termites:

Section 323.1.1: Foam Plastics: Foam plastics including, but not limited to, extruded or expanded polystyrene or polyisocyanurate shall not be installed below grade on the exterior of foundation walls or below grade on slab foundations. In areas where the hazard of termite damage is very heavy, according to Figure 301.2f, clearance between earth and foam plastics applied to the exterior wall shall be not less than 6 inches (152 mm).

EXCEPTION: Interior side of basement walls.

*Said CABO code is further amended by adding a section 703.9 to chapter 7 "Wall Covering" to read as follows:

Chapter 7 - Wall Covering

703.9 - Exterior Insulation and Finish System (EIFS)

703.9.1 Exterior Insulation and Finish Systems (EIFS) shall conform to Appendix "G", Performance Requirements for Exterior Insulation and Finish Systems (EIFS)

703.9.2 Wall assemblies incorporating EIFS shall be provided with drainage as recognized in a current model building code Evaluation Report and shall conform to Appendix "H" Requirements for Drainage Installed With Exterior Insulation and Finish Systems (EIFS).

703.9.3 Wall assemblies incorporating EIFS shall demonstrate drying potential as recognized in a current model building code Evaluation Report and shall be in conformance with Appendix "I", Requirements for Drying Potential for Exterior Insulation and Finish Systems (EIFS).

703.9.4 Installation of Exterior Insulation and Finish Systems (EIFS) Class PB shall comply with ASTM PS49, Standard Practice for Application of Class PB Exterior Insulation and Finish System. Where there is a conflict between ASTM PS49 and other provisions of the code, the other provisions shall apply instead of ASTM PS49.

703.9.5 Foam plastic insulation in Exterior Insulation and Finish Systems (EIFS) Class PB shall conform to the requirements of Chapter 3, Sections 317.1, 317.1.1, 317.1.2, 317.2.1, and 317.3.

703.9.6 Weather Resistive Barriers

The weather resistive barrier shall be asphalt saturated felt weighing at least 14 lb. per hundred square feet, or conform to ASTM D226 Type I or equal as determined by qualified testing. The barrier shall be free from holes and breaks and shall be applied over studs or sheathing of all exterior walls. Weather-resistant sheathing paper type barriers shall be applied horizontally with the upper layer lapped over the lower layer not less than 2 inches (31 mm). Where vertical joints occur, the felt or paper shall be lapped not less than 6 inches (152 mm). Approved surface applied type barriers shall be monolithic and continuous and shall be applied in accordance with the manufacturer's specifications and application instructions.

703.9.7 Flashing for Exterior Insulating And Finish Systems (EIFS) Flashing shall be approved, corrosion resistive, and provided in such a manner as to be leakproof and flashed to the exterior. Windows, doors louvers and other similar openings shall be flashed. Windows shall be flashed at the top, sides and sills. Window heads shall be flashed to the exterior, except that self-flashing windows having a continuous lap of not less than 1 1/8 inches (28 MM) over sheathing material around the perimeter of the opening, including corners, do not require additional flashing at the head. Flashing shall be installed at the intersections of walls, including chimney chase walls, with roofs, decks, balconies, porches, stairs, landings and similar construction. The weather resistive barrier shall be continuous with the weather resistive barrier behind wall coverings adjacent to the EIFS or flashed to the exterior.

703.9.7.1 Refer to Appendix "11" for typical weather resistive barrier, flashing details, and installation details.

703.9.8 Sealants for Exterior Insulation and Finish Systems (EIFS) Sealants shall be installed between EIFS and adjoining construction or penetrations in accordance with ASTM C1193. Minimum 3/4 inch wide sealant joints shall be installed at floor lines of wood framed floors. Minimum 1/2 inch wide sealant joints shall be installed at perimeters of wall openings such as for windows and doors. Sealants applied in a fillet configuration shall be installed over bond breaker tape or other pre-formed closed cell sealant backing. Sealants shall be installed so as not to block weeps or other water drainage. Sealants shall conform to ASTM C920, grade NS, Type M or S, Class 25. Sealants shall be tested in accordance with ASTM C 1135 and PS49. Minimum 50% elongation after conditioning shall be required.

• Said CABO code is further amended by adding to Table 703.4 the following:

Table 703.4 - Weather-Resistant Siding Attachment and Minimum Thickness

SIDING MATERIAL

NOMINAL THICKNESS (inches)

JOINT TREATMENT

SHEATHING PAPER REQUIRED

NUMBER OR SPACING OF FASTENERS

Exterior Insulation and Finish Systems (footnote 9)

3/4 Minimum 4 Maximum Thickness of Insulation Board

(footnote 15)

yes (footnote 16)

Approved Corrosion Resistive Fastener or other approved attachment (footnote 17)

Footnotes:

15. Sealant shall be applied in accordance with ASTM C 1193-91.

16. Weather resistant membrane shall be installed with provisions for drainage, without exception, over wood, wood structural panels, and sheathing of any type when installed on wood framing.

17. Insulation fastener type, number and spacing shall be as established by testing in accordance with ASTM E330 and accepted engineering practice, but insulation fastener spacing shall in all cases be a maximum of either:

1. 12 inches center to center vertically and 16 inches center to center horizontallyor

2. 8 inches center to center vertically and 24 inches center to center horizontally.

• Said CABO code is further amended by adding ASTM reference standards to Chapter 47 to read as follows:

Chapter 47 - Reference Standards

ASTM Standards

B117-94 Standard Practice for Operating Salt Spray (Fog) Testing Apparatus

C297-94 Standard Test method for Tensile Strength of Flat Sandwich Constructions Flatwise Plane

C920-87 Standard Specification for Elastomeric Joint Sealants

C1135-90 Standard Test Method for Determining Tensile Adhesion Properties of Structural Sealants

C1193-91 Standard Guide for Use of Joint Sealants

C1289-95 Standard Specification for Faced Rigid Cellular Polyisocyanurate Thermal Insulation Board

D226-89 Standard Specification for Asphalt-Saturated Organic Felt used in Roofing and Waterproofing

D968-93 Standard Test Method for Abrasion Resistance of Organic Coatings by Falling Abrasive

D2247-94 Standard Practice for Testing Water Resistance of Coatings in 100% Relative Humidity

D3272-94 Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber

D5035-90 Standard Test Method for Breaking Force and Elongation of Textile Fabrics (Strip Force)

E330-90 Standard Test Method for Structural Performance of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air Pressure Difference

E331-93 Standard Test Method for Water Penetration of Exterior Windows, Curtain walls, and Doors by Uniform Static Air Pressure Difference

G23-93 Standard Practice for Operating Light-Exposure Apparatus (Carbon-Arc-Type) With and Without Water for Exposure of Nonmetallic Materials

PS 49-96 Standard Practice for Application of Class PB Exterior Insulation and Finish System

*Said CABO Code is further amended by adding an Appendix G to read as follows:

APPENDIX G

Performance Requirements For Exterior Insulation and Finish Systems (EIFS)

The system and its components shall meet or exceed the following performance standards.

1.0 System Performance

Characteristic

Test Method

Acceptance Criteria

1.1 Abrasion Resistance

ASTM D 968

No cracking, checking or loss of film integrity at 528-quarts (500 liters) of sand

1.2 Accelerated Weathering

ASTM G 23

No deleterious effects* after 2000 hours when viewed under 5X magnification

1.3 Freeze/Thaw Resistance

Air dry at 120 degrees Fahrenheit minimum eight hours total immersion in water at 70 degrees Fahrenheit to 80 degrees Fahrenheit for eight hours then exposure to 20 degrees Fahrenheit for 16 hours. 10 cycles. No deleterious effects* viewed under 5X magnification

1.4 Mildew Resistance

ASTM D3273

No growth supported during 28 day exposure time

1.5 Salt Spray Resistance

ASTM B117

No deleterious effects* at 300 hour exposure

1.6 Tensile Adhesion

ASTM C297

No failure in the adhesive, Base coat or finish coat. Minimum 5 PSI (34.5 kPa) Tensile strength before and after freeze/thaw and accelerated weathering test.

1.7 Water Penetration

ASTM E331

No water penetration beyond the plane of the base coat/Insulation board interface after 15-minutes at 6.24 psf (299 Pa), or 20% of positive design wind pressure, whichever is greater.

1.8 Water Resistance

ASTM D2247

No deleterious effects* at 14 day exposure.

1.9 Wind Load

ASTM E330

Withstand negative and positive wind loads required by building code.

2.0 Component

Performance: 2.1 Physical Properties and Requirements for EPS

ASTM C 578

Meets TYPE I

2.2 Physical Properties and Requirements for Polyisocyanuarate Thermal Insulation Board

ASTM C 1289

Meets TYPE II

*No deleterious effects: no cracking, checking, crazing, erosion, rusting, blistering, peeling or delamination.

• Said CABO Code is further amended by adding an Appendix H to read as follows:

APPENDIX H

REQUIREMENTS FOR DRAINAGE INSTALLED WITH EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS)

1.01 Scope: These requirements cover the drainage of water from wall construction incorporating EIFS and weather resistive barriers. Drainage is provided to prevent water intrusion beyond the water resistive barrier and to discharge water to the exterior.

2.01 Reference Documents ASTM Standards E 331 Test Method for Water Penetration of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air Pressure Difference.

3.01 Terminology Descriptions of Terms Specific to This Standard:

3.01.1 Drainage: The collection and discharge of water gravity flow.

4.01 Drainage of Water

4.01.1 Walls incorporating EIFS and drainage shall be constructed to collect incidental water at the exterior outside faces of a weather resistive barrier and flashing. The wall assembly shall allow water collected at the outside faces of the weather resistive barrier and flashing to flow by gravity to the exterior.

4.01.2 The weather resistive barrier shall be integrated with the flashing to prevent water intrusion to the interior.

4.01.3 Drainage shall be confirmed by testing in accordance with ASTM E331 and Section 5.01.

5.01 Test Method For Determining The Drainage Performance of Wall Assemblies Clad With Exterior Insulation and Finish Systems (EIFS).

This test method consists of testing EIFS clad wall assemblies for Drainage Performance by ASTM E331, Standard Test Method for Water Penetration of Exterior Windows, Curtain Walls and Doors by Uniform Static Air Pressure Difference, except as described otherwise herein.

5.01.1 Scope: This test method evaluates the drainage performance of EIFS when subjected to water applied in conjunction with a positive uniform static air pressure.

5.01.2 Test Method ASTM E331

5.01.3 Apparatus ASTM E 331 for application of water and positive uniform static air pressure and a catchment to collect and measure drained water.

5.01.4 Test Specimen

5.01.4.1 The EIFS clad wall test specimens shall be a minimum of 4' X 8' (123 cm X 246 cm)

5.01.4.2 Minimum of four test specimens plus a control shall be assembled and allowed to cure for 28 days prior to test. The test specimens shall contain a fault. Dimensions and location of the fault are shown in figure H-1.0.

5.01.4.3 The EIFS assemblies shall be installed with the materials, details, and methods of assembly as required by the manufacturer.

5.01.4.3.1 For acceptance of wall assemblies with wood-based sheathing, the test wall shall include the sheathing to be accepted.

5.01.4.4 The supporting framework for the EIFS wall assemblies shall be of wood or metal stud construction with framing spacing as required by the manufacturer. The standard framing spacing is 16" (41 cm) o.c.

5.01.4.5 The test specimen shall be constructed to allow observation of drainage.

5.01.5 Test Procedure:

5.01.5.1 Test pressure difference shall be minimum 6.24 pounds per square foot (psf).

5.01.5.2 Water delivery to the exterior surface shall be uniform and at a rate of 5.0 Gallons per square foot hour.

5.01.5.3 Water and pressure duration shall be minimum 15 minutes.

5.01.5.4 Subject the four test specimens to the conditions in 5.1, and 5.3. Observe and Verify that specimens drain freely.

5.01.5.5 Allow each specimen to drain in the vertical position.

5.01.5.6 After one hour of drainage, select one of the test specimens; disassemble and verify drainage by observation. Note: Disassembly of wall must assure inspection of all wall components. Any water accumulation beyond incidental beading due to surface tension shall be reported.

6.01 REPORT

6.01.1 Follow ASTM E331 Sections 12.1.1, 12.1.2, 12.1.7, 12.1.9, 12.1.10, and 12.2 plus the following:

6.01.2 Observations from 5.4, 5.5, and 5.7.

6.01.3 Details of assembly, including a description of components, mixing and application, thickness of components and a statement of conformance to the manufacturer's application instructions.

6.01.4 Photographic video documentation of test specimens, including assembly, components, drainage verification, and samples removed in 5.8

6.01.5 Detailed drawings of the test specimens.

6.01.6 A record of all points of water penetration to the cavity and drainage performance.

*Said CABO Code is further amended by adding an Appendix I to read as follows:

APPENDIX I

Requirements For Drying Potential for Exterior Insulation and Finish Systems (EIFS)

1.01 Scope: These requirements cover the potential for drying of wall construction incorporating EIFS and drainage. Drying of water in excess of 1 ounce per square foot shall be confirmed by testing in accordance with ASTM E331 and Section 2.01.

2.01 TEST METHOD

2.01.1 Follow Appendix "H", Requirements for Drainage Installed with Exterior Insulation Finish Systems (EIFS), Section 5.01 through 5.01.5.6.

2.01.2 Allow three test specimens plus the control specimen to dry in a conditioned space (73 degrees Fahrenheit ±4 degrees @ 50% Relative Humidity) For 72 hours. {NOTE: These are usually the same test specimens tested for drainage}.

2.01.3 After 72 hours of drying, cut three 12" X 12" (369 cm X 369 cm) samples to include all components of the assembly except framing from each test specimen and the control, as shown in figure 1-1.0.

2.01.4 Record observations.

2.01.5 Immediately weigh each sample and place in an oven controlled at 120±10 degrees Fahrenheit until constant weight is obtained. Record weight loss of each sample to the nearest .01 ounce.

2.01.6 Determine the average weight loss for the nine samples (TSRM) from the test specimens. Determine the average weight loss for the three control samples (CSBM).

3.01 TSRM - CSBM = SRM

TSRM - Average residual moisture in nine test samples (oz.) CSRM - Average background moisture in three control samples (oz.) SRM - Average residual moisture in system per square foot; (ounce per square foot).

4.01 REPORT A record of all weights as recorded in Section 2.01.5 and 2.01.6 to evaluate drying potential.

5.01 ACCEPTANCE SRM (Average Residual Moisture in system per square foot) shall not exceed 1 ounce per square foot.

GEORGIA AMENDMENT TO THE 1994 STANDARD PLUMBING CODE

*Amend Section 507.8.4 of the 1994 Standard Plumbing Code to read as follows:

507.8.4 The discharge from the relief valve shall be piped full size separately to the outside of the building or to an indirect waste receptor so that any discharge can cause no personal injury or property damage and can be readily observed by the building occupants. In no case shall the discharge from a relief valve be trapped.

EXCEPTION: In basements or one and two family dwellings, the discharge from the relief valve may be piped upward when necessary. A thermal expansion control devise shall be installed in accordance with Section 613.2.1. An elbow shall be placed to the valve outlet and provisions shall be made at the low point for positive drainage.

*Said Plumbing Code is further amended by deleting in its entirety section 613.2 Thermal Expansion Control, and substituting the following in lieu thereof:

613.2 Thermal Expansion Control

If water is heated and stored in a consumer's system and the system has been closed by the installation of a backflow preventor or a pressure reducing valve, a thermal expansion control device shall be installed at an accessible location and in accordance with manufacturer's installation instruction. The device shall limit thermal expansion of the water being heated to not more than 80 pounds per square inch (552 kPa) static pressure at any fixture on the system. A potable water expansion tank or auxiliary relief valve set at 80 PSI (552 kPa) shall be acceptable.

The auxiliary relief valve shall be in addition to the eater heater safety relief valve. This thermal expansion control device shall be designed and trimmed for repeated operation. The valve shall have a minimum one-half inch pipe size. It shall be installed in accordance with manufacturer's installation instructions.

GEORGIA AMENDMENT TO THE 1995 CABO MODEL ENERGY CODE WITH GEORGIA SUPPLEMENTS AND AMENDMENTS

*Add the following footnote to Table 502.2 1a of the 1995 CABO Model Energy Code, to be designed as footnote 5 and renumber the remaining footnotes:

" 5. Slab edge insulation is not required for unheated slabs in areas of very heavy termite infestation probability as shown in Figure 4 contained in Chapter 8."

• The 1995 CABO Model Energy Code with Georgia Supplements and Amendments is further amended by deleting in their entirety the table concerning 3500 Heating Degree Days and 4500 Heating Degree Days in Chapter 6 of the Georgia Supplements and Amendments and substituting in lieu thereof the following:

Climate Zone 3500 HDD or less (Greater Atlanta Area) Low-rise residential WOOD FRAMING No Foam Insulation shall be installed within 6" of the ground on the outside of any wall (for detached one and two family dwellings only

Option No.

Flat Ceiling Insulation R-value

Wall R-value

Window & Door Area

Window U-value R-value

Floor R-value

Masonry Basement Wall R-value

Double pane metal with thermal break

35A67

R-30

R-13

12.8%

0.67 (R-1.49)

R-19

R-5

35B67

R-30

R-14

13.4%

0.67 (R-1.49)

R-19

R-5

35C67

R-30

R-15

13.9%

0.67 (R-1.49)

R-19

R-5

35D67

R-30

R-16

14.5%

0.67 (R-1.49)

R-19

R-5

35E67

R-30

R-17

14.9%

0.67 (R-1.49)

R-19

R-5

35F67

R-30

R-19

15.4%

0.67 (R-1.49)

R-19

R-5

Double pane wood or vinyl

35A56

R-30

R-13

15.8%

0.56 (R-1.79)

R-19

R-5

35B56

R-30

R-14

16.5%

0.56 (R-1.79)

R-19

R-5

35C56

R-30

R-15

17.0%

0.56 (R-1.79)

R-19

R-5

35D56

R-30

R-16

17.7%

0.56 (R-1.79)

R-19

R-5

35E56

R-30

R-17

18.2%

0.56 (R-1.79)

R-19

R-5

35F56

R-30

R-19

18.9%

0.56 (R-1.79)

R-19

R-5

Double pane wood or vinyl low-e

35A52

R-30

R-13

17.3%

0.52 (R-1.92)

R-19

R-5

35B52

R-30

R-14

18.1%

0.52 (R-1.92)

R-19

R-5

35C52

R-30

R-15

18.6%

0.52 (R-1.92)

R-19

R-5

35D52

R-30

R-16

19.3%

0.52 (R-1.92)

R-19

R-5

35D52

R-30

R-17

19.9%

0.52 (R-1.92)

R-19

R-5

35F52

R-30

R-19

20.5%

0.52 (R-1.92)

R-19

R-5

Double pane wood or vinyl, low-e, inert gas

35A47

R-30

R-13

19.5%

0.47 (R-1.92)

R-19

R-5

35B47

R-30

R-14

20.4%

0.47 (R-1.92)

R-19

R-5

35C47

R-30

R-15

20.9%

0.47 (R-1.92)

R-19

R-5

35D47

R-30

R-16

21.7%

0.47 (R-1.92)

R-19

R-5

35E47

R-30

R-17

22.3%

0.47 (R-1.92)

R-19

R-5

35F47

R-30

R-19

23.0%

0.47 (R-1.92)

R-19

R-5

Double pane wood or vinyl, low-e, inert gas & 1/2" air space or triple pane

35A43

R-30

R-13

21.7%

0.43 (R-2.33)

R-19

R-5

35B43

R-30

R-14

22.7%

0.43 (R-2.33)

R-19

R-5

35C43

R-30

R-15

23.2%

0.43 (R-2.33)

R-19

R-5

35D43

R-30

R-16

24.1%

0.43 (R-2.33)

R-19

R-5

35E43

R-30

R-17

24.7%

0.43 (R-2.33)

R-19

R-5

35F43

R-30

R-19

25.6%

0.43 (R-2.33)

R-19

R-5

High performance double pane low-e, inert gas & 1/2" air space

35A35

R-30

R-13

28.3%

0.35 (R-2.58)

R-19

R-5

35B35

R-30

R-14

29.4%

0.35 (R-2.58)

R-19

R-5

35C35

R-30

R-15

30.0%

0.35 (R-2.58)

R-19

R-5

35D35

R-30

R-16

30.9%

0.35 (R-2.58)

R-19

R-5

35E35

R-30

R-17

31.7%

0.35 (R-2.58)

R-19

R-5

35F35

R-30

R-19

32.7%

0.35 (R-2.58)

R-19

R-5

Note 1. May use R-19 on sloped ceilings and under HVAC up to 25% of ceiling Area.

Note 2. Wall R-value is R-value of cavity insulation plus stabilized (aged) R-value of sheathing rounded down to a whole number. 25% of exterior gross wall area may have plywood, OSB or gypsum (garage walls).

Note 3. Total area of all windows and doors in conditioned areas.

Note 4. Window and Door U-values are per U-value Default Table For Windows, Glazed Doors, Non-Glazed Door & Skylights or approved Testing Lab label. Door U-value shall be equal to or less than window U-values (up to 1% of openings U-value may be excluded (i.e. less than Table U-value) to allow for decorative glazing, fancy doors or skylights.

Note 5. R-value of insulation installed between floor joists.

Note 6. Use only if floor is not insulated or basement is conditioned. All doors and windows are included in window area. Stud walls shall be insulated same as Wall R-value. This applies to both "Code" basement walls (50% below grade) and walls in daylight basements that are less than 50% below grade. Code approved insulation be let exposed, all other insulation shall be covered with 1/2" gypsum (or other approved 15 minute thermal barrier).

Local Building Officials may develop additional tables for their area.

You are deemed to comply with the 1996 Georgia Energy Code if you build using one of these options.

Climate Zone 4500 HDD or less (North GA & Mountains) Low-rise residential WOOD FRAMING No Foam Insulation shall be installed within 6" of the ground on the outside of any wall (for detached one and two family dwellings only

Option No.

Flat Ceiling Insulation R-value

Wall R-value

Window & Door Area

Window U-value R-value

Floor R-value

Masonry Basement Wall R-value

Double pane metal with thermal break

35A67

R-38

R-13

10.4%

0.67 (R-1.49)

R-19

R-7

35B67

R-38

R-14

11.1%

0.67 (R-1.49)

R-19

R-7

35C67

R-38

R-15

11.5%

0.67 (R-1.49)

R-19

R-7

35D67

R-38

R-16

12.1%

0.67 (R-1.49)

R-19

R-7

35E67

R-38

R-17

12.6%

0.67 (R-1.49)

R-19

R-7

35F67

R-38

R-19

13.1%

0.67 (R-1.49)

R-19

R-7

Double pane wood or vinyl

35A56

R-38

R-13

12.8%

0.56 (R-1.79)

R-19

R-7

35B56

R-38

R-14

13.7%

0.56 (R-1.79)

R-19

R-7

35C56

R-38

R-15

14.1%

0.56 (R-1.79)

R-19

R-7

35D56

R-38

R-16

14.8%

0.56 (R-1.79)

R-19

R-7

35E56

R-38

R-17

15.4%

0.56 (R-1.79)

R-19

R-7

35F56

R-38

R-19

16.0%

0.56 (R-1.79)

R-19

R-7

Double pane wood or vinyl low-e

35A52

R-38

R-13

14.20

0.52 (R-1.92)

R-19

R-7

35B52

R-38

R-14

14.9%

0.52 (R-1.92)

R-19

R-7

35C52

R-38

R-15

15.4%

0.52 (R-1.92)

R-19

R-7

35D52

R-38

R-16

16.1%

0.52 (R-1.92)

R-19

R-7

35D52

R-38

R-17

16.8%

0.52 (R-1.92)

R-19

R-7

35F52

R-38

R-19

17.4%

0.52 (R-1.92)

R-19

R-7

Double pane wood or vinyl, low-e, inert gas

35A47

R-38

R-13

15.8%

0.47 (R-1.92)

R-19

R-7

35B47

R-38

R-14

16.8%

0.47 (R-1.92)

R-19

R-7

35C47

R-38

R-15

17.3%

0.47 (R-1.92)

R-19

R-7

35D47

R-38

R-16

18.2%

0.47 (R-1.92)

R-19

R-7

35E47

R-38

R-17

18.8%

0.47 (R-1.92)

R-19

R-7

35F47

R-38

R-19

19.6%

0.47 (R-1.92)

R-19

R-7

Double pane wood or vinyl, low-e, inert gas & 1/2" air space or triple pane

35A43

R-38

R-13

17.7%

0.43 (R-2.33)

R-19

R-7

35B43

R-38

R-14

18.7%

0.43 (R-2.33)

R-19

R-7

35C43

R-38

R-15

19.3%

0.43 (R-2.33)

R-19

R-7

35D43

R-38

R-16

20.2%

0.43 (R-2.33)

R-19

R-7

35E43

R-38

R-17

20.9%

0.43 (R-2.33)

R-19

R-7

35F43

R-38

R-19

21.7%

0.43 (R-2.33)

R-19

R-7

High performance double pane low-e, inert gas 1/2" air space

35A35

R-38

R-13

23.0%

0.35 (R-2.58)

R-19

R-7

35B35

R-38

R-14

24.2%

0.35 (R-2.58)

R-19

R-7

35C35

R-38

R-15

24.9%

0.35 (R-2.58)

R-19

R-7

35D35

R-38

R-16

25.9%

0.35 (R-2.58)

R-19

R-7

35E35

R-38

R-17

26.7%

0.35 (R-2.58)

R-19

R-7

35F35

R-38

R-19

27.8%

0.35 (R-2.58)

R-19

R-7

Note 1. May use R-19 on slope ceilings and under HVAC up to 25% of ceiling Area

Note 2. Wall R-value is R-value of cavity insulation plus stabilized (aged) R-value of sheathing rounded down to a whole number. 25% of exterior gross wall area may have plywood, OSB or gypsum (garage walls).

Note 3. Total area of all windows and doors in conditioned areas.

Note 4. Window and Door U-values are per U-value Default Table For Windows, Glazed Doors, Non-Glazed Doors & Skylights or approve Testing Lab label. Door U-value shall be equal to or less than window U-values (up to 1% of openings U-value may be excluded (i.e less than Table U-value) to allow for decorative glazing, fancy doors or skylights.

Note 5. R-value of insulation installed between floor joists.

Note 6. Use only if floor is not insulated or basement is conditioned. All doors and windows are included in window area. Stud walls shall be insulated same as Wall R-value. This applies to both "Code" basement walls (50% below grade) and walls in daylight basements that are less than 50% below grade. Code approved insulation may be left exposed, all other insulation shall be covered with 1/2" gypsum (or other approved 15 minutes thermal barrier).

You are deemed to comply with the 1996 Georgia Energy Code if you build using one of these options.

The "Deemed to Comply" Approach

3500 HDD (Greater Atlanta Area) SINGLE STEP ENERGY CODE COMPLIANCE You are "deemed to comply" with the Georgia State Energy Code for Buildings if your structure meets the following conditions.

1. Your building shall be a one or two family detached dwelling

2. Your building shall not be larger in size than 5,000 square feat of conditioned floor space

3. Your building site must be located in an area of the state where climatic conditions shown in Chapter 3 of The Energy Code are 3500 Heating Degree Days (HDD) or less

4. Your building is three stories or less in height

5. You shall not make any substitutions of any kind for R-values listed below

6. Your window and door openings shall not exceed 19.0% of the gross (conditioned space) wall area

7. You shall comply with the Energy Code requirements for limiting air infiltration

8. Equipment efficiencies required by the Energy Code shall be observed

-Openings in gross wall area 19.0% Maximum

-Ceiling insulation* R-30

-Floor Insulation R-13

-Wall insulation, Fiberglass Batts R-13

-Insulating Sheathing R-3

-Basement Masonry wall insulation R-7

-Slab Perimeter Insulation*** R-0

-Windows, Double Pane or Single pane with Storm Window R-1.79 (U-0.56)

All R-values shall be printed on the actual insulation and be stabilized R-values

These R-values may result in some degree of "over-design". This was done so this method could apply to almost all one and two family residential construction built in Georgia (except mountains). If you must change one or more of the R-values listed to a lower R-value, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as the Climate Zone Table or Tradeoff Worksheet. You may use one of the "Chapter Approaches" of the actual CABO Model Energy Code 1995 Edition.

At the time a permit is requested, you shall state how you plan to meet the Georgia State Energy Code. When using this method you are not required to turn in any additional paperwork.

• Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and HVAC platforms may be insulated with R-19 batts, provided the R-19 batts do not exceed 25% of the total ceiling area and provided the flat portion of the ceilings is insulated to R-30.

** Plywood, OSB, or gypsum on garage walls may be used on 25% of opaque wall to meet corner bracing/structural requirements.

*** Unheated slabs, for heated slab consult local Building Official

The "Deemed to Comply" Approach 4500 HDD or Less (Mountains of North Georgia) SINGLE STEP ENERGY CODE COMPLIANCE

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your structure meets the following conditions.

1.Your building shall be a one or two family detached dwelling

2. Your building shall not be larger in size than 5,000 square feet of conditioned floor space

3. Your building site must be located in an area of the state where climatic conditions shown in Chapter 3 of The Energy Code are 4500 Heating Degree Days (HDD) or less

4. Your building is three stories or less in height

5. You shall not make any substitutions of any kind for R-values listed below

6. Your window and door openings shall not exceed 17.8% of the gross (conditioned space) wall area

7. You shall comply with the Energy Code requirements for limiting air infiltration

8. Equipment efficiencies required by the Energy Code shall be observed

-Openings in gross wall area 17.8% Maximum

-Ceiling insulation* R-30

-Floor Insulation R-19

-Wall insulation, Fiberglass Batts R-13

-Foam Sheathing Insulation** R-4

-Basement Masonry wall insulation R-8.5

-Slab Perimeter Insulation*** R-4

-Windows, Double Pane or Single pane with Storm Window R-1.92 (U-0.52)

All R-values shall be printed on the actual insulation and be stabilized R-values

These R-values may result in some degree of "over-design". This was done so this method could apply to almost all one and two family residential construction built in south Georgia. If you must change one or more of the R-values listed to a lower R-value, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as the Climate Zone Table or Tradeoff Worksheet. You may use one of the "Chapter Approaches" of the actual CABO Model Energy Code 1995 Edition.

At the time a permit is requested, you shall state how you plan to meet the Georgia State Energy Code. When using this method you are not required to turn in any additional paperwork.

• Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, may be insulated with R-19 batts, provided the R-19 batts do not exceed 25% of the total ceiling area and provided the flat portion of the ceilings is insulated to R-38.

** May use Plywood/OSB for corner and required wall bracing 20% of gross wall area.

*** Unheated slabs, for heated slab use R-8 insulation. May eliminate slab-on-grade insulation by increasing the wall R-value by R-1 or increasing ceiling insulation from R-30 to R-38.

The "Deemed to Comply" Approach 4500 HDD (Mountain Area) SINGLE STEP ENERGY CODE COMPLIANCE

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your structure meets the following conditions.

1. Your building shall be a one or two family detached dwelling

2. Your building shall not be larger in size than 5,000 square feet of conditioned floor space

3. Your building site must be located in an area of the state where climatic conditions shown in Chapter 3 of The Energy Code are 4500 Heating Degree Days (HDD) or less

4. Your building is three stories or less in height

5. You shall not make any substitutions of any kind for R-values listed below

6. Your window and door openings shall not exceed 16.2% of the gross (conditioned space) wall area

7. You shall comply with the Energy Code requirements for limiting air infiltration

8. Equipment efficiencies required by the Energy Code shall be observed

-Openings in gross wall area 16.1% Maximum

-Ceiling insulation* R-38

-Floor Insulation R-19

-Wall insulation, Fiberglass Batts R-13

Insulating Sheathing R-3

-Basement Masonry wall insulation R-7

-Slab Perimeter Insulation*** R-0

-Windows, Double Pane or Single pane with Storm Window R-1.92 (U-0.52)

All R-values shall be printed on the actual insulation and be stabilized R-values

These R-values may result in some degree of "over-design". This was done so this method could apply to almost all one and two family residential construction built in Georgia (except mountains). If you must change one or more of the R-values listed to a lower R-value, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the offer methods to show compliance, such as the Climate Zone Table or Tradeoff Worksheet. You may use one of the "Chapter Approaches" of the actual CABO Model Energy Code 1995 Edition

At the time a permit is requested, you shall state how you plan to meet the Georgia State Energy Code.

When using this method you are not required to turn in any additional paperwork.

• Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation and HVAC Platforms may be insulated with R-19 bars, provided the R-19 batts do not exceed 25% of the total ceiling area and provided the flat portion of the ceilings is insulated to R-38.

** Plywood, OSB or gypsum on garage walls may be used on 25% of opaque wall to meet corner bracing/structural requirements.

*** Unheated slabs, for heated slab consult the Local Building Official

*The 1995 CABO Model Energy Code with Georgia Supplements and Amendments is hereby further amended by amending Section 702.1.3 of Chapter 7 to read as follows:

702.1.3 Modify 402.3.2 by adding the following: "Slab perimeter insulation shall be done in accordance with the trade-off procedures of this Chapter or ASHRAE published procedures."

• The 1995 CABO Model Energy Code with Georgia Supplements and Amendments is hereby further amended by revising figure 3 in Chapter 8 and by adding a figure 4 to Chapter 8 and renumbering the remaining figures as follows:

ANNUAL FARENHEIT (Celsius) HEATING DEGREE DAYS (in thousands) (65° F. BASE) 1Insulation shall be installed at least the minimum distance shown in the table below measured from the top of the slab. 2Slab edge insulation is not required for unheated slabs in areas of very heavy termite infestation probability as shown in Figure 4 contained in Chapter 8.

For SI: 1 h*ft.2. °F./Btu = 0.176 m2. k/W. °F. = 1.8°C. ÷ 32.

HEATING DEGREE DAYS MINIMUM DISTANCE

HEATED

500-5,999

24 inches

SLABS

[GREATER -THAN OR EQUAL TO]6,000

48 inches

UNHEATED

2,500-5,999

24 inches

SLABS

[GREATER -THAN OR EQUAL TO] 6,000

48 inches

FOR SI: 1 inch = 25.4 mm

History

• Authority: O.C.G.A. Sec. 8-2-20
• History. Original Rule entitled "Adoption of Amendments to Codes Regarding EIFS" adopted. F. July 8, 1997; eff. October 1, 1997, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.05 Adoption of Amendments to Codes Regarding Assisted Living Facilities and Fire Dampers

The following amendments to codes are hereby adopted by the Board of Community Affairs as amendments to the Georgia State Minimum Standard Codes for Construction:

GEORGIA AMENDMENTS TO THE 1994 STANDARD BUILDING CODE

• Add to Section 311.2 a residential occupancy in the R2 subclassification to read as follows:

Chapter 3

Occupancy Classification

Section 311 Residential Occupancy-Group R

311.2 Subclassifications

R2:

Assisted living facilities having residents with prompt or slow evacuation capabilities. (NOTE: "prompt or slow evacuation capabilities" as defined by NFPA)

• Said building code is further amended by adding an exception to section 704.3 entitled "Tenant Fire Separation" to read as follows:

Chapter 7

Fire Resistance Materials and Construction Section

704 Fire Resistant Separations

704.3 Tenant Fire Separations

704.3.1

EXCEPTION:

2. In buildings housing residential assisted living facilities with 24 hour custodial care and oversight, non-fire rated partitions may be used to separate tenants.

and renumbering the existing Exception as number "1".

• Said building code is further amended by amending exception 1, subparagraph 3 of section 705.1.2.4 to read as follows:

Chapter 7

Fire Resistance Materials and Construction Section

705 Protection of Openings

705.1.2 Protection of Openings in Interior Walls

705.1.2.4

subparagraph 3

1. the duct shall not exceed 100 sq. inch (0.06m2), except when the entire building is protected by an automatic sprinkler system complying with NFPA 13.

GEORGIA AMENDMENTS TO THE 1994 STANDARD MECHANICAL CODE

• Amend exception 1 of subparagraph 3 of Section 610, Paragraph 610.1.3 to read as follows:

Chapter 6

Duct Systems

Section 610 Fire Protection of Ducts

610.1 Fire Dampers

610.1.3 Exceptions

subparagraph 3.

1. the duct shall not exceed 100 sq. inch (0.06m2), except when the entire building is protected by an automatic sprinkler system complying with NFPA 13.

History

• Authority: O.C.G.A. Sec. 8-2-20
• History. Original Rule entitled "Adoption of Amendments to Codes Regarding Assisted Living Facilities and Fire Dampers" adopted. F. Aug. 22, 1997; eff. Oct. 1, 1997, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.06 Adoption of Amendments to Codes Regarding Wood Frame Construction

The following amendments to codes are hereby adopted by the Board of Community Affairs as amendments to the Georgia State Minimum Standard Codes for Construction:

GEORGIA AMENDMENTS TO THE

1994 STANDARD BUILDING CODE

Add to Section 202, Definitions, a definition for "Shearwall Segment" as follows:

SHEARWALL SEGMENT - a wall or portion thereof which transfers in plane lateral shear loads to a wall or foundation below and resists overturning.

• Said building code is further amended by adding an "Exception 5" to Section 1606.1.1 Determination of Wind Forces, as follows:

Exceptions:

5. Provisions of AF&PA "Wood Frame Construction Manual for One-and-Two Family dwellings - 1995 SBC High Wind Edition" shall be permitted for applicable wood frame buildings of Group R3 occupancy

• Said building code is further amended by adding a Section 2313 entitled "Perforated Shearwalls" as follows:

2313 Wind Provisions

2313.1 General

All buildings for which a wind analysis is required, according to 1606.1 and which are constructed partially or wholly of wood or wood based materials shall be designed in accordance with the provisions of 2313 and Chapter 23.

2313.2.1 Shearwall Segments

The total allowable shearwall capacity (lbs.) of each full-height shearwall segment without openings shall be equal to the allowable shear capacity (plf) times the length of the wall segment. Where the dead load stabilizing moment per 1606.4 is not sufficient to prevent overturning due to moment loads on the wall, an anchoring device with a capacity equal to the allowable shear capacity (p11) times the wall height shall be provided at each end of the shearwall segment. All anchoring devices shall maintain a continuous load path to the foundation. The capacity of shearwalls with openings shall be adjusted in accordance with 2313.2.2

2313.2.2 Openings in Shearwalls

Where openings are located within the shearwall segment, the wall shall be entirely sheathed with structural sheathing, including areas above and below openings. If areas above and below remain unsheathed, the height of the unrestrained openings shall be the height of the wall. The allowable shear capacity (p11) determined in 2313.2.1 shall be adjusted in accordance with Table 2313.2.2 based upon the maximum opening height and the percentage of shearwall segments containing full-height sheathing. The total allowable shear capacity (lbs.) shall be equal to the adjusted allowable shear capacity (plf) times the length of full-height sheathing.

Table 2313.2.2

Shear Capacity Adjustment Factors

Maximum Unrestrained Opening Height (H)(1)

(Window or Door Height)

H/3

H/2

2H/3

5H/6

H

8' Wall

2'-8"

4'-0"

5'-4"

6'-8"

8'-0"

10' Wall

3'4"

5'-0"

6'-8"

8'-4"

10'-0"

Percent

Full-Height Effective Shear Capacity Factors

Sheathing (2)

0%

1.00

0.67

0.50

0.40

0.33

10%

1.00

0.69

0.53

0.43

0.36

20%

1.00

0.71

0.56

0.45

0.38

30%

1.00

0.74

0.59

0.49

0.42

40%

1.00

0.77

0.63

0.53

0.45

50%

1.00

0.80

0.67

0.57

0.50

60%

1.00

0.83

0.71

0.63

0.56

70%

1.00

0.87

0.77

0.69

0.63

80%

1.00

0.91

0.83

0.77

0.71

90%

1.00

0.95

0.91

0.87

0.83

100%

1.00

1.00

1.00

1.00

1.00

1. H - the height of the tallest opening in the shearwall.

2. The sum of the length of a shearwall that is sheathed its full height divided by the length of the shearwall segment.

2313.2.3 Shear Capacities of Dissimilar Materials.

The allowable shear capacity of shearwall segments sheathed on both sides, with similar or dissimilar materials, shall equal the sum of the shear capacity of each separate side.

2313.2.4 Wood Structural Panel Diaphragm Shear Capacities.

The allowable shear capacities in Table 23 l0.2A for horizontal wood structural panel diaphragms shall be increased 40 percent for wind design.

2313.2.5 Wood Structural Panel Shear Wall Capacities.

The allowable shear capacities in Table 23 l0.2B for wood structural panel shear walls shall be increased 40 percent for wind design.

2313.3 Wall Stud Bending Stress Increases

The fiber stress bending (Fb) design values for wood studs, in the NDS supplement shall be increased by the factors in Table 2313.3, in lieu of the 1.15 repetitive member factor to take into consideration the load sharing and composite actions provided by the structural sheathing. Where the studs are designed for bending in accordance with 1606.2.5, spaced no more than 16 inches on center, covered on the inside with a minimum of 1/2 inch gypsum board fastened in accordance with Table 2306.1, or its equivalent, and sheathed with a minimum of 3/8 inch structural sheathing that is attached to the studs using a minimum of 8d common nails spaced a maximum of 6" o.c. at panel edges and 12" o.c. in the field of the panels.

Table 2313.3

Wall Stud Bending Stress Increase Factors

Stud Size System Factor

2x4 1.5

2x6 1.4

2x8 1.3

2x10 1.2

2x12 1.15

GEORGIA AMENDMENTS TO THE

1995 CABO ONE-AND-TWO FAMILY DWELLING CODE

• Section 502.3 of the 155 CABO One-and-Two Family Dwelling Code is amended to read as follows:

502.3 Allowable spans.

Joists, girders and floor sheathing shall comply with Sections 502.3.1 through 502.3.3 and Section 503 or AF&PA "Wood Frame Construction Manual for One-and-Two Family Dwellings - 1995 SBC High Wind Edition."

• Said CABO Code is further amended by amending Section 602.3 to read as follows:

602.3 Exterior Walls.

Exterior walls of wood-frame construction shall be designed and constructed in accordance with the provisions of this chapter and Figures 602.3a and 602.3b or in accordance with the provisions of AF&PA "Wood Frame Construction Manual for One-and-Two Family Dwellings - 1995 SBC High Wind Edition."

• Said CABO Code is further amended by amending Section 802.2 to read as follows:

802.2 Design and construction

Roof Ceilings of wood construction shall be designed and constructed in accordance with the provisions of this chapter, or with the "AF&PA NDS-1991 "National Design Specifications for Wood Construction", the "CWC-1987 'Canadian Dimension Lumber Data Book", the "WWPA- 1992 Western Lumber Span Tables for Floor and Ceiling Joists and Roof Rafters", the "Southern Pine Maximum Spans for Joists and Rafters" or the AF&PA "Wood Frame Construction Manual for One-and-Two Family Dwellings - 1995 SBC High Wind Edition".

• Said CABO Code is further amended by adding the following Reference Standard to Section 4702:

Section 4702

Referenced Standards

AF&PA. Wood Frame Construction Manual for One-and-Two Family Dwellings - 1995- SBC High Wind Edition.

History

• Authority: O.C.G.A. Sec. 8-2-20
• History. Original Rule entitled "Adoption of Amendments to Codes Regarding Wood Frame Construction" adopted F. Feb. 12, 1998; eff. Apr. 1, 1998, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.07 Adoption of Amendments to Codes Regarding Resolution of Technical Differences Between The Georgia State Minimum Standard Codes for Construction and the Life Safety Codes

The following amendments to codes are hereby adopted by the Board of Community Affairs as amendments to the Georgia State Minimum Standard Codes for Construction:

GEORGIA AMENDMENTS TO THE 1994 STANDARD BUILDING CODE

• Amend the Standard Building Code, 1994 edition, as follows:

INTRODUCTION

In 1995, a joint task force was appointed by the Department of Community Affairs and the Safety Fire Commissioner's office. The task force was developed to assist in resolving conflicts between the State's Minimum Standard Codes for Construction adopted and amended by the Department of Community Affairs and the State's Minimum Fire Codes and Standards adopted and amended by the Safety Fire Commissioner.

Technical requirements which are addressed by the State's Minimum Standard Codes for Construction as amended by the Department of Community Affairs and the State's Minimum Fire Codes and Standards as amended by the Safety Fire Commissioner and where two or more of the aforementioned codes and/or standards establish differing requirements, whether conflicting or more restrictive, the authority having jurisdiction shall apply the following mandatory provisions.

These provisions were adopted by the Board of Community Affairs on June 10, 1998 and are a mandatory part of the Georgia State Minimum Standard Codes for Construction and shall be used in conjunction therewith.

Other amendments adopting the recommendation of the joint task force are contained in the Georgia State Mechanical Code, the Georgia State Gas Code, the Georgia State Fire Prevention Code and the Georgia State One and Two Family Dwelling Code.

CHAPTER 2

DEFINITIONS

The State's minimum requirements for definitions shall be established by the Georgia State Minimum Standard Building Code. Definitions not specifically addressed by the Georgia State Minimum Standard Building Code and which are addressed by the Life Safety Code or the Georgia State Minimum Standard Fire Prevention Code the Life Safety Code or the Fire Prevention Code shall be used as a supplement.

Exception No. 1 Definitions established by the Rules and Regulations of the Safety Fire Commissioner.

Exception No. 2 Definitions relating to occupancy classifications and sub-classifications shall be established by the Life Safety Code.

CHAPTER 3 AND CHAPTER 4

OCCUPANCY CLASSIFICATIONS OR SUBCLASSIFICATIONS

The State's minimum requirements for occupancy classifications or subclassifications including the definitions thereof shall be established by the Life Safety Code. Occupancy classifications or subclassifications including the definitions thereof not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code or the Georgia State Minimum Standard Fire Prevention Code, the Building Code or the Fire Prevention Code shall be used as a supplement.

CHAPTER 6

CONSTRUCTION TYPES

The State's minimum requirements for building construction types shall be established by the Georgia State Minimum Standard Building Code including allowable height and building areas and requirements for sprinkler protection related to minimum building construction types. Areas not specifically addressed by the Building Code and which are addressed by the Life Safety Code, the Life Safety Code shall be used as a supplement.

Exception: Health care, nursing care, ambulatory health care, and detention occupancies shall comply with the minimum construction requirements of the Life Safety Code and the Georgia State Minimum Standard Building Code.

CHAPTER 7

SECTION 705

VERTICAL OPENINGS

The State's minimum requirements for protection of vertical openings shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Building Code shall be used as a supplement.

CHAPTER 8

INTERIOR FINISHES

The State's minimum requirements for interior finishes shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Building Code shall be used as a supplement.

CHAPTER 9

SECTION 903

SPRINKLERS

The State's minimum requirements for fire sprinkler systems shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by Georgia State Minimum Standard Building Code, the Building Code shall be used as a supplement.

Exception: Fire sprinkler systems required by minimum construction requirements shall be established by the Building Code.

CHAPTER 9

SECTION 904

STANDPIPES

The State's minimum requirements for standpipes shall be established by the Georgia State Minimum Standard Building Code. Areas not specifically addressed by the Building Code and which are addressed by the Life Safety Code or the Georgia State Minimum Standard Fire Prevention Code, the Life Safety Code or the Fire Prevention Code shall be used as a supplement. The requirements for occupant hoses have been eliminated in new and existing buildings subject to approval by the authority having jurisdiction.

CHAPTER 9

SECTION 905

FIRE ALARMS

The State's minimum requirements for fire alarm systems shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Building Code shall be used as a supplement.

CHAPTER 9

SECTION 905; SUBSECTION 905.2

AUTOMATIC FIRE DETECTION; SMOKE DETECTORS

The State's minimum requirements for smoke detection systems shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Georgia State Minimum Standard One and Two Family Dwelling Code or the Georgia State Minimum Standard Fire Prevention Code, the Building Code, the One and Two Family Dwelling Code or the Fire Prevention Code shall be used as a supplement.

Exception: State's minimum requirements for smoke detectors specifically established by O.C.G.A. Title 25, Chapter 2.

CHAPTER 10

MEANS OF EGRESS

The State's minimum requirements for means of egress and all components thereof, shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Building Code shall be used as a supplement. The Life Safety Code shall require a smoke proof enclosure of each exit from high rise buildings.

Exception No.1 Means of egress from mezzanines shall be established by Georgia State Minimum Standard Building Code.

Exception No. 2 State' minimum requirements for smoke proof enclosures shall be established by the Georgia State Minimum Standard Building Code.

CHAPTER 10

SECTION 1005; SUBSECTION 1005.6

MEZZANINES

The State's minimum requirements for means of egress from mezzanines shall be established by the Georgia State Minimum Standard Building Code. Areas not specifically addressed by the Building Code and which are addressed by the Life Safety Code, the Life Safety Code shall be used as a supplement.

CHAPTER 34

EXISTING BUILDINGS

The State's minimum requirements for existing buildings shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Building Code shall be used as a supplement.

GEORGIA AMENDMENTS TO THE CABO

ONE AND TWO FAMILY DWELLING CODE, 1995 EDITION

• Amend the 1995 CABO One and Two Family Dwelling Code as Follows:

INTRODUCTION

In 1995, a joint task force was appointed by the Department of Community Affairs and the Safety Fire Commissioner's office. The task force was developed to assist in resolving conflicts between the State's Minimum Standard Codes for Construction adopted and amended by the Department of Community Affairs and the State's Minimum Fire Codes and Standards adopted and amended by the Safety Fire Commissioner.

Technical requirements which are addressed by the State's Minimum Standard Codes for Construction as amended by the Department of Community Affairs and the State's Minimum Fire Codes and Standards as amended by the Safety Fire Commissioner and where two or more of the aforementioned codes and/or standards establish differing requirements, whether conflicting or more restrictive, the authority having jurisdiction shall apply the following mandatory provisions.

These provisions were adopted by the Board of Community Affairs on June 10, 1998 and are a mandatory part of the Georgia State Minimum Standard Codes for Construction and shall be used in conjunction therewith.

Other amendments adopting the recommendation of the joint task force are contained in the Georgia State Mechanical Code, the Georgia State Building Code, the Georgia State Fire Prevention Code and the Georgia State Gas Code.

CHAPTER 3

SECTION 316

SMOKE DETECTORS

The State's minimum requirements for smoke detection systems shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Georgia State Minimum Standard One and Two Family Dwelling Code or the Georgia State Minimum Standard Fire Prevention Code, the Building Code, the One and Two Family Dwelling Code or the Fire Prevention Code shall be used as a supplement.

Exception: State's minimum requirements for smoke detectors shall be established by O.C.G.A. Title 25, Chapter 2.

GEORGIA AMENDMENTS TO THE

STANDARD GAS CODE, 1994 EDITION

• Amend the Standard Gas Code, 1994 edition, as follows:

INTRODUCTION

In 1995, a joint task force was appointed by the Department of Community Affairs and the Safety Fire Commissioner's office. The task force was developed to assist in resolving conflicts between the State's Minimum Standard Codes for Construction adopted and amended by the Department of Community Affairs and the State's Minimum Fire Codes and Standards adopted and amended by the Safety Fire Commissioner.

Technical requirements which are addressed by the State's Minimum Standard Codes for Construction as amended by the Department of Community Affairs and the State's Minimum Fire Codes and Standards as amended by the Safety Fire Commissioner and where two or more of the aforementioned codes and/or standards establish differing requirements, whether conflicting or more restrictive, the authority having jurisdiction shall apply the following mandatory provisions.

These provisions were adopted by the Board of Community Affairs on June 10, 1998 and are a mandatory part of the Georgia State Minimum Standard Codes for Construction and shall be used in conjunction therewith.

Other amendments adopting the recommendation of the joint task force are contained in the Georgia State Mechanical Code, the Georgia State Building Code, the Georgia State Fire Prevention Code and the Georgia State One and Two Family Dwelling Code.

GAS FIRED APPLIANCES

The State's minimum requirements for gas fired appliances shall be established by the National Fuel Gas Code (NFPA 54.) Areas not specifically addressed by NFPA 54 and which are addressed by the Georgia State Minimum Standard Gas Code the Gas Code shall be used as a supplement.

CHAPTER 9

LIQUEFIED PETROLEUM GASES (LP)

NATIONAL FUEL GAS CODE (NFPA 54)

The State's minimum requirements for LP gases shall be established by NFPA 58. Areas not specifically addressed by NFPA 58 and which are addressed by NFPA 54 or the Georgia State Minimum Standard Gas Code, NFPA 54 or the Standard Gas Code shall be used as a supplement.

Note: NFPA 58 is the Standard for the Storage and Handling of Liquefied Petroleum Gases.

GEORGIA AMENDMENTS TO THE STANDARD FIRE PREVENTION CODE, 1994 EDITION

• Amend the Standard Fire Prevention Code, 1994 edition, as follows:

INTRODUCTION

In 1995, a joint task force was appointed by the Department of Community Affairs and the Safety Fire Commissioner's office. The task force was developed to assist in resolving conflicts between the State's Minimum Standard Codes for Construction adopted and amended by the Department of Community Affairs and the State's Minimum Fire Codes and Standards adopted and amended by the Safety Fire Commissioner.

Technical requirements which are addressed by the State's Minimum Standard Codes for Construction as amended by the Department of Community Affairs and the State's Minimum Fire Codes and Standards as amended by the Safety Fire Commissioner and where two or more of the aforementioned codes and/or standards establish differing requirements, whether conflicting or more restrictive, the authority having jurisdiction shall apply the following mandatory provisions.

These provisions were adopted by the Board of Community Affairs on June 10, 1998 and are a mandatory part of the Georgia State Minimum Standard Codes for Construction and shall be used in conjunction therewith.

Other amendments adopting the recommendation of the joint task force are contained in the Georgia State Mechanical Code, the Georgia State Building Code, the Georgia State Gas Code and the Georgia State One and Two Family Dwelling Code.

HAZARDOUS MATERIALS

The State' minimum requirements for the storage, handling, use, and transportation of hazardous materials, such as but not limited to flammable and combustible liquids, flammable gases, compressed gases, explosives, blasting agents, oxidizers, toxic gases, fireworks and cryogenic materials shall be established by the State' Minimum Fire Codes and Standards adopted by the Safety Fire Commissioner. Areas not specifically addressed by the Fire Codes and Standards and which are addressed by the Georgia State Minimum Standard Fire Prevention Code, the Fire Prevention Code shall be used as a supplement.

CHAPTER 6

SECTION 603; SUBSECTION 603.3

PORTABLE FIRE EXTINGUISHERS

The State's minimum requirements for portable fire extinguishers shall be established by the Georgia State Minimum Standard Fire Prevention Code. Areas not specifically addressed by the Fire Prevention Code and which are addressed by the Life Safety Code or the Georgia State Minimum Standard Building Code, the Life Safety Code or the Building Code shall be used as a supplement.

GEORGIA AMENDMENTS TO THE

STANDARD MECHANICAL CODE, 1994 EDITION

• Amend the Standard Mechanical Code, 1994 edition, as follows:

INTRODUCTION

In 1995, a joint task force was appointed by the Department of Community Affairs and the Safety Fire Commissioner's office. The task force was developed to assist in resolving conflicts between the State's Minimum Standard Codes for Construction adopted and amended by the Department of Community Affairs and the State's Minimum Fire Codes and Standards adopted and amended by the Safety Fire Commissioner.

Technical requirements which are addressed by the State's Minimum Standard Codes for Construction as amended by the Department of Community Affairs and the State's Minimum Fire Codes and Standards as amended by the Safety Fire Commissioner and where two or more of the aforementioned codes and/or standards establish differing requirements, whether conflicting or more restrictive, the authority having jurisdiction shall apply the following mandatory provisions.

These provisions were adopted by the Board of Community Affairs on June 10, 1998 and, are a mandatory part of the Georgia State Minimum Standard Codes for Construction and shall be used in conjunction therewith.

Other amendments adopting the recommendation of the joint task force are contained in the Georgia State Mechanical Code, the Georgia State Building Code, the Georgia State Fire Prevention Code and the Georgia State One and Two Family Dwelling Code.

REQUIREMENTS FOR HEATING, VENTILATING AND AIR-CONDITIONING EQUIPMENT (HVAC)

The State's minimum requirements for heating, ventilating and air-conditioning equipment (HVAC) shall be established by the Georgia State Minimum Standard Mechanical Code. Areas not specifically addressed by the Mechanical Code and which are addressed by NFPA 90A and NFPA 90B, the NFPA Standards 90A and 90B shall be used as a supplement.

Exception: Health care, nursing care, ambulatory health care and detention occupancies shall comply with NFPA 90A, NFPA 90B and the Mechanical Code.

CHAPTER 5

SECTION 504

COMMERCIAL HOODS

The State's minimum requirements for exhausting commercial cooking equipment shall be established by the Life Safety Codes and NFPA 96. Areas not specifically addressed by the Life Safety code and NFPA 96 and which are addressed by the Georgia State Minimum Standard Mechanical Code, the Mechanical Code shall be used as a supplement.

SECTION 505

GREASE HOOD DUCT SYSTEMS

The State's minimum requirements for exhausting commercial cooking equipment shall be established by the Life Safety Codes and NFPA 96. Areas not specifically addressed by the Life Safety code and NFPA 96 and which are addressed by the Georgia State Minimum Standard Mechanical Code, the Mechanical Code shall be used as a supplement.

SECTION 506

EXHAUST OUTLETS

The State's minimum requirements for exhausting commercial cooking equipment shall be established by the Life Safety Codes and NFPA 96. Areas not specifically addressed by the Life Safety code and NFPA 96 and which are addressed by the Georgia State Minimum Standard Mechanical Code, the Mechanical Code shall be used as a supplement.

SECTION 507

FIRE EXTINGUISHING EQUIPMENT

The State's minimum requirements for exhausting commercial cooking equipment shall be established by the Life Safety Codes and NFPA 96. Areas not specifically addressed by the Life Safety code and NFPA 96 and which are addressed by the Georgia State Minimum Standard Mechanical Code, the Mechanical Code shall be used as a supplement.

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of Amendments to Codes Regarding Resolution of Technical Differences Between The Georgia State Minimum Standard Codes for Construction and the Life Safety Codes" adopted. F. Jun. 10, 1998; eff. July 29, 1998, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.08 Adoption of Amendments to Codes Effective January 1, 1999

The following amendments to codes are hereby adopted by the Board of Community Affairs as amendments to the Georgia State Minimum Standard Codes for Construction:

GEORGIA AMENDMENTS TO THE 1994 STANDARD BUILDING CODE

Chapter 7, Fire Resistant Materials and Construction

Section 704 Fire resistant Separations

704.2 Interior Wall and partition Separation Requirements

704.2.1 General

• Amend 704.2.1.5 to read as follows:

704.2.1.5 All fire and/or smoke barriers or walls shall be effectively and permanently identified with signs or stenciling above a decorative ceiling and/or in concealed spaces with letters a minimum of two (2) inches high on a contrasting background spaced a maximum of twelve (12) feet on center with a minimum of one per wall or barrier. The hourly rating shall be included on all rated barriers or walls. Suggested wording: (______) Hour Fire and Smoke Barrier-Protect All Openings."

Exception: Existing stenciling acceptable to the authority having jurisdiction.

704.2.3 Partitions Within Tenant Space

*Amend 704.2.3.2 to read as follows:

704.2.3.2 Exit access corridors are not required to be rated on any single tenant floor or in any single tenant space in a Group B building when the building is protected throughout by an approved automatic sprinkler system and smoke detectors installed in supply air are arranged to shut down mechanical ventilation systems in accordance with the Standard Mechanical Code.

Table 705.4.4

• Add to Table 705.4.4 the following:

Add C1 and C2 under the cross reference entitled "Penetrations through 2 floors maximum (Connecting 3 stories maximum) and Factory -Built Appliance Vents and Chimneys (under N).

Chapter 10 Means of Egress

Section 1004

Arrangement of Exits

• Add the following language at the end of subsection 1004.1.4 of section 1004.1 Arrangement of Exits to read as follows:

For additional requirements relative to smoke and heat vents, refer to the Standard Fire Prevention Code, 1994 Edition, section 3607 (with Georgia amendments).

• Delete Section 1004.1.4.1 in its entirety and substitute the following:

1004.1.4.1 Smoke and Heat Vents and Curtain Boards

1. Smoke and heat vents shall be approved and shall be operated automatically by actuation of a heat-responsive device rated at between 100 degrees F (38 degrees C) and 200 degrees F (93 degrees C) above ambient. Smoke and heat vents shall activate fully when the vent cavity is exposed to a simulated fire or a time-temperature gradient that reaches an air temperature of 500 degrees F (260 degrees C) within 5 minutes. Smoke and heat vents shall have the capability of being opened by an approved manual operation.

2. The minimum dimension of any smoke and heat vent opening shall be 4 feet (1.22 m).

3. Smoke and heat vents and curtain boards shall be installed in accordance with Table 1004.1.4.

4. In buildings protected throughout by an approved automatic sprinkler system(s) and smoke removal is provided entirely by an engineered mechanical smoke removal system(s), curtain boards are not required.

• Add an exception number 2 to 1004.1.4.2 to read as follows:

Exception 2: In buildings protected throughout by an approved automatic sprinkler system(s) and smoke removal is provided entirely by an engineered mechanical smoke removal system(s), curtain boards are not required. and number the current exception as "Exception 1".

GEORGIA AMENDMENTS TO THE CABO ONE AND TWO FAMILY DWELLING CODE, 1995 EDITION

Chapter 202 Definitions

• Amend the definition of "basement" in Section 202 as follows:

BASEMENT. A basement shall not be considered as a story if the finished surface of the floor above the basement is:

1. Less than 6 feet (1829 mm) above grade plane; or

2. Less than 6 feet (1829 mm) above the finished ground level for more than 50 percent of the building perimeter; and

3. Is less than 12 feet (3658 mm) above finished ground level around the entire building perimeter.

Chapter 5 Floors

Section 502 Floor Framing

502.3.2 Joists under bearing partitions

• Revise Section 502.3.2 to read as follows:

502.3.2 Joists under bearing partitions. Joists under parallel bearing partitions shall be doubled or a beam of adequate size to support the load shall be provided. Double joists which are separated to permit the installation of piping or vents shall be solid blocked spaced not more than 4 feet (1219 mm) on center. Bearing partitions perpendicular to joists shall not be offset from supporting girders, wall or partitions more than the joist depth, unless such joists are of sufficient size to carry the additional load.

Chapter 8 Roof-Ceiling Construction

Section 807 Attic Access

807.1 Accessible attic access

• Revise section 807.1 to read as follows:

807.1 Accessible attic access. A readily accessible attic access framed opening not less than 22 inches by 30 inches (559 by 762 mm) shall be provided to any attic area having clear height of over 30 inches (762 mm) and a depth of 72 inches (1,829 mm).

Chapter 26 Fuel-Gas Piping

Section 2607 Piping Joints and Connections

2607.6 Appliance connection

• Revise section 2607.6, Appliance Connection, to read as follows:

Section 2607.6 Appliance Connection. Gas appliances and equipment shall be connected to the building piping by rigid metallic pipes, semi-rigid metallic tubing, or a listed and labeled gas appliance connector used in accordance with the terms of its listing. Labeled metal appliance connectors shall have an overall length not to exceed 3 feet (914 mm), except range and domestic clothes dryer connections, which may not exceed 6 feet (1829 mm) in length. Connectors shall be sized to provide the total demand of the connected appliance. Connectors shall not be concealed within or extended through walls, floors or partitions. The connection of an indoor appliance with any type of gas hose is prohibited. Outdoor portable appliances may be connected with an approved outdoor hose connector not to exceed 15 feet (4572 mm) in length, provided it connects outdoors to approved gas piping including an approved valve at the inlet of the hose connector. Appliances may be connected to fuel gas piping with a listed quick-disconnect devise.

Inside Diameter of Connector Capacity of Natural Gas in CFH that will give a Pressure drop of 0.2 inches water column at:

2 feet long

4 feet long

6 feet long

1/4 inch

18

14

11

3/8 inch

42

32

26

1/2 inch

86

65

52

5/8 inch

112

94

74

3/4 inch

184

136

110

1 inch

386

280

220

GEORGIA AMENDMENTS TO THE STANDARD GAS CODE, 1994 EDITION

Chapter 3 Gas Piping and Installation

Section 305 Required Size of Piping and Outlets 305.6 Sizing Requirements for Special Conditions.

• Revise Section 305.6.3 to read as follows:

305.6.3 In lieu of the method specified in 305 for determining building piping size, piping sizes may be determined by the use of accurate gas flow, computers or pressure drop charts, both of which must be acceptable to the administrative authority, so long as the maximum pressure drop from point of delivery to any appliance does not fall below the minimum pressure required for proper equipment operation.

Section 306 Piping Materials and Workmanship

306.4 Piping Joints and Fittings

• Revise Section 306.4.1.3 to read as follows:

Fittings (except stop cocks or valves) shall be malleable iron or steel when used with steel or wrought iron pipe and shall be copper or copper alloy, bronze or brass when used with copper or brass pipe or tubing.

306.10 Shutoff Valves.

• Revise Section 306.10 to read as follows:

Shutoff valves (stop-cocks) shall comply with ANSI Z21.15, ANSI Z21.21, ANSI B16.33 or ANSI/UL 842.

Section 308 Concealed Piping

308.6 Piping in partitions and walls Revise section 308.6 to read as follows:

Concealed piping may be located in hollow partitions and hollow walls, but shall not be located in solid partitions and solid walls, unless installed in a chase or casing. Tubing located in hollow partitions and walls shall be installed in compliance with the provisions of 902.4 and 1005.3

Section 311 Test of Piping for Tightness

311.1 Procedure and Precautions

• Revise section 311.1 to read as follows:

Before any system of consumers' gas piping is finally put in service, it shall be carefully tested to assure that it is gas tight. When repairs or additions are made, a careful inspection of the work and a test of the connections with a leak detecting solution or other leak detecting methods shall be performed. Where any part of the system is to be enclosed or concealed, this test should precede the work of closing in. To test for tightness, the piping shall be filled with air or inert gas, but not with any other gas or liquid. In no case shall oxygen ever be used.

Chapter 4 Appliance Installation

Section 402 Requirements

402.4 Air For Combustion and Ventilation

402.4.2

• Revise Section 402.4.2 to read as follows:

402.4.2 The provisions of 402.4 are not intended to apply to (1) direct vent appliances which are constructed and installed so that all air for combustion is derived from the out side atmosphere and all flue gases are discharged to the outside atmosphere, or (2) enclosed furnaces which incorporate an integral total enclosure and use only outside air for combustion and dilution of flue gases, or (3) appliances installed in garages.

402.4.3 Unconfined Spaces

• Delete Exception and substitute the following:

EXCEPTION: Where appliances are installed in unconfined spaces, within a building of unusually tight construction, air for combustion, ventilation, and draft hood dilution must be obtained from outdoors or from spaces freely communicating with the outdoors. Under these conditions, a permanent opening or openings shall be provided and located and sized in compliance with the provisions of 402.4.4.3 or 402.4.4.4.

402.4.4 Confined Spaces

• Delete Section 402.4.4.2 and substitute the following:

Where appliances are installed in a confined space and all air for combustion and ventilation is obtained from outdoors, the confined space shall be provided with one or two permanent openings in compliance with the provisions of 402.4.4.3 or 402.4.4.4.

• Add Section 402.4.4.3 to read as follows:

402.4.4.3 When one opening is used and the appliance has a minimum clearance of 1 inch (25 mm) on the sides and back and 6 inches (152 mm) on the front, the opening shall be within 12 inches (305 mm) of the top of the confined space. The opening shall communicate directly, or by ducts, with outdoors or spaces (attic) that freely communicate with the outdoors, as follows:

1. When communicating with the outdoors through an opening, or vertical or horizontal duct, the opening shall have a minimum free area of I square inch per 3,000 Btu per hour (825 mm2/kW) of the input rating of all appliances in the enclosure but no smaller than the vent flow area.

2. When a duct is used, it shall have at least the same cross-sectional area as the free area of the openings to which they connect. The minimum dimension of the rectangular air duct shall not be less than 3 inches (76 mm).

3. In calculating free area, consideration shall be given to the blocking effect of a louver, grille or screen protecting the opening.

4. The duct or opening for combustion or ventilation air shall be covered with corrosion-resistant screen of not less than 1/4-inch (6.35 mm) mesh.

• Add Section 402.4.4.4 to read as follows:

402.4.4.4 When two openings are provided, one opening shall be within 12 inches (305 mm) of the top and one within 12 inches (305 mm) of the bottom of the enclosure, each opening having a minimum free area of 19 sq. in (12 258 mm2). The openings shall communicate directly, or by ducts, with outdoors or spaces (crawl or attic) that freely communicate with outdoors, as follows:

1. When directly communicating with the outdoors, each opening shall have a minimum free area of I sq. in per 4,000 Btu per hour (550 mm2/kW) of total input rating of all appliances in the enclosure. (See Fig. 402.4B).

2. When communicating with the outdoors through vertical ducts, each opening shall have a minimum free area of I sq. in per 4,000 Btu per hour (550 mm2/kW) of total input rating of all appliances in the enclosure. (See Fig. 402.4C).

3. When communicating with the outdoors through horizontal ducts, each opening shall have minimum free area of 1 sq. in per 2,000 Btu per hour (1100 mm2/kW) in total input rating of all appliances in the enclosure. (See Fig. 402.4D).

4. When ducts are used, they shall have at least the same cross-sectional area as the free area of the openings to which they connect. The minimum dimension of rectangular air ducts shall not be less than 3 inches (76 mm). Any duct from the top opening must be horizontal or pitched upward.

Section 403 Appliance Connections to Building Piping

403.1 Connecting Gas Appliances

• Revise Section 403.1.2 to read as follows:

Each gas appliance shall have an accessible gas shutoff valve or listed gas convenience outlet located no farther than 6 ft (1829 mm) from the appliance, installed upstream from the union, connector or quick- disconnect device they serve, and in the same room as the appliance. This section shall not prohibit the use or installation of gas shutoff valves in the firebox of fireplaces serving listed gas decorative appliances.

Chapter 6 Venting of Appliances

Section 608 Vents

608.6 Venting into Vent Used for Other Fuels.

• Revise Section 608.6 to read as follows:

608.6.1 A gas appliance automatically controlled may be connected through separate openings to a vent which also serves equipment for the combustion of liquid fuel, or may be connected through a single opening if joined as close as practical to the vent. If two or more openings are provided into one vent, they should be at different levels.

608.6.2 A gas appliance shall not be connected to a vent serving a separate appliance designed to burn solid fuel.

Section 611 Sizing of Category 1 Appliance Venting Systems

• Delete section 611 in its entirety and substitute the following:

For provisions regarding sizing of category 1 appliance venting systems, refer to Part 11 of the National Fuel Gas Code/NFPA 54, 1996 edition.

Chapter 10 2-PSI Gas Piping

Section 1005 Gas Piping

1005.3 Piping In Partitions

• Delete section 1005.3 and substitute the following:

1005.3 Gas Piping. This provision shall not apply to tubing that pierces walls, floors or partitions. Tubing shall be permitted to be installed vertically and horizontally inside hollow walls or partitions without protection along its entire concealed length provided:

A steel striker barrier no less than 0.0508 inch (1.3mm) thick, or equivalent, is installed between the tubing and the finished wall and extends at least a minimum of 4 inches (102mm) beyond concealed penetrations of plates, fire stops, wall studs, etc., or per manufacturer's specifications and the tubing is installed in single runs and is not rigidly secured

Chapter 11 Reference Standards

1101.1 Standards List

• Add following reference standard:

Standard Designation Section

NFPA 54/ANSI Z223.1-1996, National Fuel Gas Code 611.1

NFPA 58-1995, Storage and Handling of Liquefied

Petroleum Gases 1304

1101.2.1 Standards for Material Specifications

• Revise section to read as follows:

Copper Alloy Fittings

ANSI/ASME B16.22-89 Wrought Copper and Copper Alloy Solder Joint Pressure Fittings

ANSI/ASME B16.26-88 Cast Copper Alloy Fitting for Flared Copper Tubes

GEORGIA AMENDMENTS TO THE STANDARD FIRE PREVENTION CODE, 1994 EDITION

Chapter 2, Definitions and Abbreviations

Section 202, Definitions

• Amend the definition for Building Code as follows:

BUILDING CODE - the Standard Building Code, 1994 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with the Georgia Amendments, shall constitute the official Georgia State Minimum Standard Building Code as adopted by the Board of Community Affairs.

• Amend the definition of Fire Official as follows:

FIRE OFFICIAL - For purposes of this Code shall be the Georgia Safety Fire Commissioner or appropriate local fire code enforcement authority or local fire marshal charged with the administration and enforcement of the Fire Prevention Code.

• Add a definition for NFiPA as follows:

NFiPA - National Fire Protection Association. The designation when used in the Georgia State Minimum Standard Fire Prevention Code applies to the National Fire Protection Association codes and standards adopted and modified in the various chapters of the Rules and Regulations of the Georgia Safety Fire Commissioner.

• Add a definition for Overcrowding as follows:

OVERCROWDING - A condition that exists when either there are more people in a building, structure or portion thereof than have been authorized or posted by the authority having jurisdiction, or when the authority having jurisdiction, or his or her representative, determines that a threat exists to the safety of the occupants due to persons sitting and/or standing in locations so that in the event of an emergency, said persons may obstruct or impede the use of aisles, passages, corridors, stairways, exists, or other components of the means of egress.

• Amendment the definition of Written Notice as follows:

Delete the definition of WRITTEN NOTICE without substitution.

Chapter 3, Recognized Standards and Publications

Section 301, General

• Amend Section 301, to read as follows:

Under "National Fire Protection Association: delete the edition year of the referenced NFiPA codes and standards and insert under the word "NFiPA Standards" the following:

The year edition of the National Fire Protection Association (NFPA or NFiPA) standards listed herein under 301.1 are not applicable for the purposes of this Code. Where the provisions of this Code reference NFiPA or NFPA standards, codes or practices, the specific editions and any modifications thereto shall be those adopted by the various Chapters of the Rules and Regulations of the Georgia Safety Fire Commissioner.

Chapter 4, Permits and Certificates

Section 401, General Provisions

• Delete the section in its entirety and substitute the following:

401 General Provisions. The provision of O.C.G.A. Chapter 25-2, or other applicable state laws, and of the applicable Chapters of the Rules and Regulations of the Georgia Safety Fire Commissioner or the Rules and Regulations of local jurisdictions regarding the requirements for certificates, licenses, permits, plan review, inspections, approvals, fees, etc., shall apply.

Section 402, Permits by Use

• Delete this section in its entirely without substitution.

Chapter 5, General Precautions Against Fire

Section 501.7, Charcoal, Liquefied Petroleum Gas, or Liquid Fired Burners

• Add a new section 501.7, Charcoal, Liquefied Petroleum Gas, or Liquid Fired Burners, to read as follows:

Section 501.7 Charcoal, Liquefied Petroleum Gas, or Liquid Fired Burners. No Charcoal or liquefied petroleum gas or liquid fueled burners shall be kindled or maintained on balconies or within 10 feet of combustible patios on ground floors.

Exception: Single-family dwellings.

Section 504.7.2

• Amend Section 504.7.2 to read as follows:

504.7.2 All fire and/or smoke barriers or walls shall be effectively and permanently identified with signs or stenciling above a decorative ceiling and/or in concealed spaces with letters a minimum of two (2) inches high on a contrasting background spaced a maximum of twelve (12) feet on center with a minimum of one per wall or barrier. The hourly rating shall be included on all rated barriers or walls. Suggested wording: (______) Hour Fire and Smoke Barrier-Protect All Openings."

Exception: Existing stenciling acceptable to the authority having jurisdiction.

Chapter 6, Fire Protection

Section 603, Installation and Maintenance of Fire Protection Systems and Appliances 603.1, Installation

• Add a new section 603.1.6 to read as follows:

Section 603.1.6 Provisions in excess of the minimum Code requirements shall, as a minimum, be installed to meet the provisions of the currently adopted code(s) and/or standard(s) which may be applicable to the provision at the time of the installation. Any non-required fire protection system which is added onto, or interconnected with any required fire protection system (of a similar type), shall be designated, installed and maintained in accordance with the provisions of the currently adopted code(s) and/or standard(s) which may be applicable to the provision at the time of its installations.

Exception No 1: Other installations not conforming with the provisions of the currently adopted code(s) and/or standard(s) applicable to the provision at the time of its installation if approved by the authority having jurisdiction. Such installations shall be reported and filed with the local responding fire department and the authority having jurisdiction. In addition, such systems shall be identified as required by the authority having jurisdiction.

Exception No 2: Non-required systems designed, reviewed, installed and approved in accordance with local codes and/or ordinances.

Section 603.10

• Delete Section 603.10 in its entirety without substitution. See Section 904 of the Standard Building Code, 1994 edition (with Georgia Amendments) for requirements regarding standpipes.

Section 603.11

• Delete Section 603.11 in its entirety without substitution. See Section 904 of the Standard Building Code, 1994 edition (with Georgia Amendments) for requirements regarding standpipes.

Section 603.12.1

• Delete Section 603.12.1 in its entirety without substitution.

Chapter 8, Maintenance of Exit Ways

Section 802.2, Overcrowding

• Delete Section 802.2, Overcrowding, in its entirety and substitute the following:

802.2 Overcrowding. Overcrowding of a building or structure is prohibited. It is the responsibility of the manager and the person in charge of a building, structure, or portion thereof not to allow an overcrowded condition to exist, and to take prompt action to remedy an overcrowded condition when evidence of such a condition is noted, or when advised or ordered by the Fire Official or his/her representative.

Section 803, Doors

• Delete Section 803 in its entirety without substitution.

Section 804, Corridors and Exterior Exit Balconies

• Delete Section 804 in its entirety without substitution.

Section 805, Stairways and Ramps

• Delete Section 805 in its entirety without substitution.

Section 806, Exit Enclosures

• Delete Section 806 in its entirety without substitution.

Section 807, Exit Illumination and Signs

• Delete Section 807 in its entirety without substitution. Section 808, Movable Furniture

Section 808, Movable Furniture

• Delete Section 808 in its entirety without substitution.

Section 810, Elevator Warning Signs

• Delete Section 810 in its entirety without substitution.

Chapter 9, Flammable and Combustible Liquids

Section 902, Tank Storage

902.1 Restricted Locations

• Revise Section 902.1.1 to read as follows:

902.1.1 The storage of flammable or combustible liquids in aboveground tanks outside of buildings is prohibited within the following limits. No aboveground storage tank for Class I flammable liquids shall be erected within 300 feet of any school, church, hospital, theater or public hall. A public hall shall be defined as any building regularly used for public assembly for purposes of amusement, instruction, religious worship or other meetings. Additional location requirements shall be as specified in NFiPA 30 as adopted in Chapter 120-3-11 of the Rules and Regulations of the Georgia Safety Fire Commissioner. The local fire official shall have the authority to prohibit or limit the storage of flammable and combustible liquids in aboveground tanks outside of building in Fire Districts established by the local jurisdiction.

902.7 Connections

• Revise section 902.7.1 to read as follows:

902.7.1 Vent pipes from tanks storing flammable or combustible liquids shall be so located that the discharge point is outside of the buildings. The vent shall terminate above normal snow levels, but in any case not less than 8 feet (2.4 m) above the fill opening and not less than 12 feet (3.6 m) above the adjacent ground level. Such pipes shall discharge only upward or angled upward in order to disburse vapors. Vent pipes 2 inches (51 mm) or less nominal inside diameter shall not be obstructed by devices that will cause excessive back pressure. Vent pipe outlets shall be so located that flammable vapors will not enter building openings or be trapped under eaves or other obstructions. Vent pipes shall be provided with vacuum and pressure relief devices as required in NFiPA 30, or there shall be an approved flame arrester located in the vent line at the outlet.

Section 904.2 Storage

904.2.8, General purpose public warehouses

• Delete section 904.2.8, General purpose public warehouses, and substitute the following:

904.2.8 General purpose public warehouses. Protected storage in building or in portions of such building cut off by approved fire walls shall be in accordance with Table 904B of this Code and unprotected storage in buildings or in portions of such building cut off by approved fire walls shall be in accordance with subparagraph 4-4.4.1 of NFiPA 30. Materials creating non-fire exposure hazard to the flammable or combustible liquids may be stored in the same area.

Table 904B

• Delete the Unprotected Storage portion of Table 904B in its entirely and substitute the following:

Unprotected Storage shall be in accordance with subparagraph 4-4.4.1 of NFiPA 30, as adopted by Chapter 120-3-11 of the Rules and Regulations of the Georgia Safety Fire Commissioner.

Chapter 36, High-Piled Combustible Storage

3607.2 Smoke and Heat Vents and Curtain Boards

• Add a number 4 to section 3607.2, Smoke and Heat Vents and Curtain Boards, to read as follows:

4. In buildings protected throughout by an approved automatic sprinkler system(s) and smoke removal is provided entirely by an engineered mechanical smoke removal system(s), curtain boards are not required.

3607.3 Mechanical Smoke Removal System

• Add an exception to 3607.3.2 Air Movement Formula, to read as follows:

Exception: In buildings protected throughout by an approved automatic sprinkler system(s), the capacity of the smoke removal system(s) shall provide three air changes per hour (cph) based on the gross building volume when empty.

• Add a number 3 to 3607.3.4 as follows:

3. In buildings protected throughout by an approved automatic sprinkler system(s), exhaust fans shall be uniformly spaced no more than 100 feet apart in one direction only. No spacing limitation is required in the other direction.

and renumber the current number 3 to "number 4".

• Delete number 3 in 3607.3.5 and substitute the following:

3. The fire department smoke removal control panel shall be in an approved location and shall be clearly identified. The control panel room shall be protected by not less than 1-hour fire rated construction or shall be located at an approved location in the exterior of the building. The control room shall be accessible from the exterior of the building.

Table 3607

• Add a note 2 to read as follows:

2. Curtain boards applicable to unsprinklered buildings only as specified in 3607.2.

3609.2 Access Doors

• Revise 3609.2 Access Doors, to read as follows:

3609.2 Access Doors. For fire fighting purposes, there shall be at least one access door in each 100 linear feet (30.5 m) or major fraction thereof of the exterior walls which face the access roadways required by 602.6 unless otherwise required in this code section. In exterior walls designed with continuous rolling dock doors which face access roadways, there shall be at least one access door in each 200 linear feet or fraction thereof. Required access doors shall be a minimum of 3 feet (9144 mm) wide and 6 feet 8 inches (2.03 m) high and shall be accessible without the use of a ladder. Rolling doors are acceptable for such purposes in buildings protected throughout by an approved automatic sprinkler system(s) unless otherwise approved for unsprinklered building by the fire official.

3612 ESFR Sprinkler System(s)

• Add a new section 3612 to read as follows:

3612 ESFR Sprinkler System(s). In buildings protected throughout by an approved automatic ESFR sprinkler system(s), neither smoke nor heat venting nor mechanical smoke removal systems are required.

GEORGIA AMENDMENTS TO THE STANDARD MECHANICAL CODE, 1994 EDITION

Chapter 2 Definitions

202 Definitions

• Add the following definition.

ABSORPTION SYSTEM. --- A refrigerating System in which refrigerate is pressurized by pumping a chemical solution in absorbent and then separated by the addition of heat in a generator, condensed (to reject heat), expanded, evaporated (to provide refrigeration), and reabsorbed in an absorber to repeat the cycle; the system may be single or multiple effect, the latter using multiple stages or internally cascaded use of heat to improve efficiency.

Chapter 3 General Requirements

Section 304 Installation of HVAC and Refrigeration Equipment 304.6 Roof or Exterior Wall Installation.

• Revise subsection 304.6.2 of section 304.6 Roof or Exterior Wall Installation to read as follows:

304.6.2 Every appliance located on a roof of a building shall be installed on a substantial level platform. Whenever the roof has a slope 4:12 or greater, a level working platform not less than 30 inches (762 mm) deep shall be provided in front of the entire firebox and control sides of the appliance. All sides of any working platform facing any portion of the roof edge below the platform shall be protected by substantial railing 42 inches (1067 mm) high with vertical rails not more than 21 inches (533 mm) apart, except that parapets at least 24 inches (610 mm) high may be utilized in lieu of rails or guards. Required working platforms and railings may be omitted when access to the equipment is through a required roof scuttle and all of the following provisions are met:

1. The required scuttle is located immediately adjacent to the control side of the equipment unit.

2. All controls, filters, burners, fans and motors are accessible for service and repair within 2 ft (610 mm) of the edge of the equipment platform on the scuttle side.

3. The equipment platform is not more than 20 inches (508 mm) above the high side of the scuttle opening.

4. A substantial working platform not less than 30 inches (762 mm) by 30 inches (762 mm) shall be provided directly below the scuttle at a point not less than 30 inches (762 mm) or more than 32 inches (813 mm) below the high side of the scuttle opening.

5. Scuttles located on other than the roof incline side of the equipment unit shall have their lids or trap doors hinged on the low side of the scuttle.

Section 309 Electrical Connections

309.2 Underground Leads

• Delete 309.2 in its entirety and replace with the following:

309.2 Disconnects and receptacles. A 125 volt, single phase, 15 or 20 ampere-rated receptacle outlet shall be installed at a readily accessible location for the servicing of heating, air conditioning and refrigeration equipment. The disconnecting means for heating, air conditioning and refrigeration equipment shall in no case be installed farther than 6 ft (1829 mm) from the service side of the equipment.

Chapter 4 Ventilation Air Supply

Section 406 Fan Shutdown Controls

406.1 Capacity from 2000 - 15000 CFM

• Delete 406.1 in its entirety and substitute the following:

406.1 Capacity greater than 2000 CFM. Recirculating air systems with a fan capacity greater than 2000 cfm (944L/s) shall automatically shut down by means of an approved smoke detector installed in the supply air stream.

Chapter 6 Duct Systems

Section 609 Plenums

609.1.2 Material

• Add item 4 to read as follows:

609.1.2 Material. Combustible material shall not be used in plenums unless it is properly protected or meets all standards of Class I Duct Material as defined by UL 181

Exceptions:

1. Thermal and acoustical materials complying with the requirements of 606.1.1 and 606.1.2.

2. Piping insulation materials complying with the requirements of 308.1.2.

3. Single and multiconductor low voltage and power limited electrical wire and cables tested in accordance with UL 910 and having a peak optical density not greater than 0.5O, an average optical density not greater than 0.15 and a flamespread of 5 ft (1524 mm) or less and classified as having adequate fire resistance and low smoke producing characteristics shall be permitted in concealed spaces such as spaces over suspended ceilings, plenums, ducts and other spaces used for environmental air handling purposes. Wiring meeting these requirements shall be listed and labeled as plenum cable.

4. Raceway for fiber optic cable tested in accordance with UL 910 and listed for use in spaces over suspended ceilings, plenums, ducts and other spaces for environmental air handling, shall be permitted provided that the raceway has a peak optical density not greater than 0.5O, an average optical density of 0.15 and a flamespread not greater than 5 ft (1524 mm). Optical fiber raceway shall be specifically marked for such use and shall be permitted only with plenum rated nonconductive type (OFNP) cable.

Section 612 Air Filters

• Revise section to read as follows:

All heating and air conditioning systems of the central type shall be provided with approved type air filters. Filters shall be installed in the return air, upstream from any heat exchanger or coil, in an approved convenient location, and shall be easily accessible for cleaning or replacement. Filters shall be of a type that will not burn freely or emit large volumes of smoke or other objectionable products of combustion when attacked by flames. Liquid adhesive coatings used on filters shall have a flash point not lower than 325°F (163°C).

Exception: Fan powered induction units, induction units and heating fans using integral electric heater or electric duct heating coils which are located above ceilings or in return air ceiling plenums may omit filters, provided they are conveying previously filtered air from a central type air conditioning unit which also serves the occupied space.

Chapter 7 Combustion Air

Section 704 Combustion Air - Liquid and Gas Fuel Equipment 704.4 Combustion air from outdoors

• Delete Section 704.4 and substitute the following:

704.4 Combustion Air From Outdoors. Where appliances are installed in confined space, and all air for combustion and ventilation is obtained from outdoors, the confined space shall be provided with one or two openings, in compliance with the provisions of 704.4.1 or 704.4.2.

• Add Section 704.4.1 to read as follows:

704.4.1 When one opening is used and the appliance has a minimum clearance of 1 inch (25 mm) on the sides and back and 6 inches (152 mm) on the front, the opening shall be within 12 inches (305 mm) of the top of the confined space. The opening shall communicate directly, or by ducts, with outdoors or spaces (attic) that freely communicate with the outdoors, as follows:

1. When communicating with the outdoors through an opening, or vertical or horizontal duct, the opening shall have a minimum free area of 1 square inch per 3,000 Btu per hour (825 mm2/kW) of the input rating of all appliances in the enclosure but no smaller than the vent flow area.

2. When a duct is used, it shall have at least the same cross-sectional area as the free area of the openings to which they connect. The minimum dimension of the rectangular air duct shall not be less than 3 inches (76 mm).

3. In calculating free area, consideration shall be given to the blocking effect of a louver, grille or screen protecting the opening.

4. The duct or opening for combustion or ventilation air shall be covered with corrosion-resistant screen of not less than l/4-inch (6 35 mm) mesh.

• Add Section 704.4.2 to read as follows:

704.4.2 When two openings are provided, one opening shall be within 12 inches (305 mm) of the top and one within 12 inches (305 mm) of the bottom of the enclosure, each opening having a minimum free area of 19 sq. in (12 258 mm2). The openings shall communicate directly, or by ducts, with outdoors or spaces (crawl or attic) that freely communicate with the outdoors, subject to the following:

1. When directly communicating with the outdoors, each opening shall have a minimum free area of 1 sq. in per 4,000 Btu per hour (550 mm2/kW) of total input rating of all appliances in the enclosure.

2. When communicating with the outdoors through vertical ducts, each opening shall have a minimum free area of I sq. in per 4,000 Btu per hour (550 mm2/kW) of total input rating of all appliances in the enclosure.

3. When communicating with the outdoors through horizontal ducts, each opening shall have a minimum free area of 1 sq. in per 2,000 Btu per hour (1100 mm2/kW) of total input rating of all appliances in the enclosure.

4. When ducts are used, they shall have at least the same cross-sectional area as the free area of the openings to which they connect. The minimum dimension of rectangular air ducts shall be not less than 3 inches (76 mm). Any duct from the top opening must be horizontal or pitched upward.

5. In calculating free area, consideration shall be given to the blocking effect of louvers, grilles or screens protecting openings.

Chapter 8 Chimneys and Vents

Section 806 Masonry Chimneys for Residential Type Appliances

806.2 Liners

• Delete Section 806.2.6 and substitute the following:

806.2.6 Lining systems, other than fire clay tile flue liners, shall be listed in accordance with UL 1777 or equivalent, and shall be installed in accordance with the terms of the listing and the manufacturer's instructions.

• Delete Section 806.2.7 and substitute the following:

806.2.7 The remaining open space surrounding a flue lining system, or other vent installed within a masonry chimney, shall not be used as a vent for any other appliance. This shall not prevent installation of a separate flue liner in the remaining space if installed in accordance with the manufacturer's instructions and this code

806.4 Clearance

• Delete Section 806.4.1 and substitute the following:

806.4.1 Any portion of a masonry chimney located within the outer surface of the building envelope, shall have a minimum air space clearance of 2 inches (51 mm) to combustible material. Chimneys located entirely outside the exterior walls of the building, including chimneys that pass through the soffit or cornice, shall have a minimum air space clearance of 1 inch (25 mm). The air space shall not be filled, except to provide firestopping in accordance with 805.5

Exception: Air space clearance shall not be required where the masonry chimney is equipped with a chimney lining system listed for use in chimneys in contact with combustibles in accordance with UL 1777, and the lining system is installed in accordance with the manufacturer's instructions. Noncombustible firestopping shall be provided in accordance with 805.5.

Section 807 Masonry Chimneys for Low-Heat Appliances

807.4 Clearance

• Delete Section 807.4.1 and substitute the following:

807.4.1 Any portion of a masonry chimney located within the outer surface of the building envelope, shall have a minimum air space clearance of 2 inches (51 mm) to combustible material. Chimneys located entirely outside the exterior walls of the building, including chimneys that pass through the soffit or cornice, shall have a minimum air space clearance of 1 inch (25 mm). The air space shall not be filled, except to provide firestopping in accordance with 805.5

Exception: Air space clearance shall not be required where the masonry chimney is equipped with a chimney lining system listed for use in chimneys in contact with combustibles in accordance with UL 1777, and the lining system is installed in accordance with the manufacturer's instructions. Noncombustible firestopping shall be provided in accordance with 805.5.

Section 814 Chimney Connectors and Vent Connectors

814.8 Installation

• Delete Section 814.8.4 and substitute the following:

814.8.4 Connectors for residential appliances as defined in Table 811, passing through combustible walls or partitions shall be protected as required in 814.8.4.1, 814.8.4.2 or 814.8.4.3.

814.8.4.1 The connector shall be listed for passing through combustible walls and shall be installed according to the listing and manufacturer's instructions.

814.8.4.2 A connector accessory listed for passing connectors through combustible walls shall be used to carry the connector through the wall. The connector accessory shall be installed according to its listing and manufacturer's instructions.

814.8.4.3 The connector installation meets all of the following:

1. The connector has a diameter no larger than 10 inches (254 mm). Concealed metal parts of the pass-through system in contact with flue gases shall be of stainless steel or equivalent material that resists corrosion, softening, or cracking up to 1800°F ' (982°C)

2. Insulation material used as a part of a wall pass through shall be noncombustible and shall have a thermal conductivity of 1.0 Btu-in/sq. ft°F (0.144W/m2.k) or less.

3. All clearances and thickness are minimums.

4. Materials used to close up openings for the connector must be non-combustible

5. Connectors for all systems, except System B, shall extend through the wall pass through system to the inner face of the liner, and

6. The connector is installed according to one of the systems in Table 814C.

• Delete Section 814.8.12 and substitute the following:

814.8.12 Connection of appliances to chimney flues serving fireplaces shall conform to the following:

1. Closure and Accessibility. A noncombustible seal shall be provided below the point of connection to prevent entry of room air into the flue. Means shall be provided for access to the flue for inspection and cleaning.

2. Connection to Factory-Built Fireplace Flue. A different appliance shall not be connected to a flue serving a factory-built fireplace unless the appliance is specifically listed for such installation. The connection shall be made in conformance with the appliance manufacturer's instructions.

3. Connection to Masonry Fireplace Flue. A connector shall extend from the appliance to the flue serving a masonry fireplace such that the flue gases are exhausted directly into the flue. The connector shall be accessible or removable for inspection and cleaning of both the connector and the flue. Listed direct connection devices shall be installed according to their listing.

Chapter 13 Fuel Gas Piping

Section 1303 Natural Gas Piping

• Revise Section 1303 to read as follows:

All natural gas fuel piping shall be sized, installed, tested, and placed in operation in accordance with the requirements of the appropriate sections of the NFPA 54/ANSI Z 223.1 (The National Fuel Gas Code).

Section 1304 Liquefied Petroleum Gas (LPG) Piping

• Revise Section 1304 to read as follows:

All LPG gas fuel piping shall be sized, installed, tested, and placed in operation in accordance with the requirements of the appropriate sections of the NFPA 54/ANSI Z 223.1 (The National Fuel Gas Code) and NFPA 58.

Chapter 16 Reference Standards

Section 1601 Referenced Standards

• Revise Section 1601 to include the following referenced Standards:

ASHRAE Handbook - HVAC Systems and Equipment

NAIMA Fibrous Glass Duct Liner Standard, First Edition, 1994

NFPA 54-1996 National Fuel Gas Code ANSI\ Z223.1

NFPA 58-1995 Storage and Handling of Liquefied Petroleum Gases

UL 181A, Part I, Part II, Part III, Second Edition, 1994 Closure Systems For Use With Rigid Air Ducts and Air Connectors

UL 181B, Part I, Part II, 1995, Closure Systems For Use With Flexible Air Ducts and Connectors.

UL 1777-95, Chimney Liners

GEORGIA AMENDMENTS TO THE STANDARD PLUMBING CODE, 1994 EDITION

Chapter 4 Plumbing Fixtures

Table 406 Maximum Allowable Water usage for Plumbing Fixtures

• Revise Table to read as follows:

Water closets, flushometer tank or close coupled 2-piece gravity-flush type 1.6 gal/flush 5

Water Closets 1.6 gal/flush

Urinals 1.0 gal/flush

Residential sink and lavatory faucets 2.2 gal/minute 6

Public lavatory faucets, metering type2 0.25 gal/minute

Public lavatory faucets, where metering type is not required 0.5 gal/minute

Showerheads3,4 2.5 gal/minute

GEORGIA AMENDMENTS TO THE

NATIONAL ELECTRICAL CODE, 1996 EDITION

Chapter 2 Wiring and Protection

Article 210 Branch Circuits

210-70. Lighting Outlets Required

• Add exception:

Exception No. 4: No lighting is required in a attic area having a clear height of 30 inches (762 mm) or less and a overall depth of 72 inches (1.829 mm) or less to be measured parallel with the rafters.

Article 450 Transformers and Transformer Vaults

450-27 Oil-Insulated Transformers Installed Outdoors

• Add a new section between the current second and third paragraphs of 450-27 to read as follows:

(a) Space separation as required by this Section shall be as follows:

1. Transformer pad locations shall be a minimum of 10'-0" from any buildings, building overhangs, canopies, exterior walls, balcony, exterior stairs and/or walkways connected to the building.

2. Transformer pad edge shall be no less than 14'-0" from any doorway.

3. Transformer pad edge shall be no less than 10'-0" from any windows or other openings.

4. If the building has an overhang the 10'-0" clearance shall be measured from a point below the edge of the overhang only if the building is 3 stories or less. If the building is 4 stories or nor, 10'-0" shall be measured from the outside building wall.

5. Fire escapes, outside stairs, and covered walkways attached to or between buildings shall be considered as a part of the building.

Exception No. 1 (to 1-5 above): Transformer pads may be located closer than the above required minimum clearances upon written approval of the authority having jurisdiction. In no case shall the transformer location be less than 3'-0" from the building.

Exception No. 2: Transformer pads existing prior to December 31, 1994 are exempted from this requirement. When buildings are modified, reductions in space separations may be less than the above required minimum clearances upon written approval of the authority having jurisdiction.

Chapter 7 Special Conditions

Article 700 Emergency Conditions

• Add new sections G, H, I, J, K, and L as follows:

G. Emergency Systems for Existing Buildings

700-27. Scope. The provisions of Sections 700-27 through 700-48 shall apply only to buildings that were constructed or approved for construction on or after April 1, 1968 but prior to March 1, 1979. The provision of Section 700-27 through 700-48 apply to the installations, operation and maintenance of circuits, systems and equipment intended to supply illumination and power in the event of failure of the normal supply or in the event of accident to elements of a system supplying power and illumination essential for safety to life and property where such systems or circuits are legally required by Municipal, state, Federal or other codes or by a governmental agency having jurisdiction.

700-28. Other Requirements. All requirements of the National Electrical Code shall apply to emergency systems except as modified by sections 700-27 though 700-48 (see section 700-27).

700-29. Equipment Approval. All equipment shall be approved for use on emergency systems (see section 700-27).

700-30. Tests and Maintenance.

1. Conduct Test or Witness Test. The authority having jurisdiction shall conduct or witness a test ton the completed system upon instillation and periodically afterwards.

2. Test Periodically. Systems shall be tested periodically on a schedule acceptable to the authority having jurisdiction to assure their maintenance in proper operating condition.

3. Battery systems Maintenance. Where battery systems or unit equipments are involved, including batteries used for stating, control, or ignition in auxiliary engines or prime movers, the authority having jurisdiction shall require periodic maintenance.

4. Written Record. A written record shall be kept of such tests and maintenance (see section 700-27).

700-31. Capacity. Emergency systems shall have adequate capacity and rating for the emergency operation of all equipment connected to the system (see section 700-27).

H. Source of Power for Existing Buildings.

700-32. Systems. Current supply shall be such that in the event of failure of the normal supply to or within the building or group of buildings concerned, emergency lighting or emergency power or both emergency lighting and power, will be immediately available. The supply system for emergency purposes may comprise one or more of the types of systems covered in Section 700-33 to section 700-36. Unit equipment in accordance with section 700-48 shall satisfy the applicable requirements of section 700-27 through 700-48.

Consideration must be given to the type of service to be rendered, whether of short time duration, as for exit lights of a theater, or of long duration as for supplying emergency power and lighting due to a long period of current failure from trouble either inside or outside the buildings, as in the case of a hospital or nursing home.

Assignment of degree of reliability of the recognized emergency supply system depends upon the careful evaluation of the variables at each particular installation (see section 700-27).

700-33. Storage Battery. One service, in accordance with Article 230 and a storage better of suitable rating and capacity to supply and maintain at not less than 91 percent of system voltage the total load of the circuits supplying emergency lighting and emergency lighting and emergency power for a period of at least 1/2 hour.

Batteries, whether of the acid or alkali type, shall be designed and constructed to meet the requirements of emergency service. When of the lead-acid type, this shall include low gravity acid (1.20 to 1.22 SP-GR), relatively thick and rugged plates and separators, and a transparent jar (see section 700-27).

700-34. Generator Set. One service, in accordance with Article 230, and a generator set driven by some form of prime mover and of sufficient capacity and proper rating to supply circuits carrying emergency lighting or lighting and power, with suitable means of automatically starting the prime mover on failure of the normal service. For hospitals or nursing homes, the transition time from instant of failure of the normal power source to the emergency generator source shall no exceed ten (10) seconds (see section 700-27 and section 700-30).

700-35. Separate Service. Two services, each in accordance with Article 230, widely separated electrically and physically to minimize possibility of simultaneous interruption of supply (see section 700-27).

700-36. Connection Ahead of Service Disconnection Means. Connections on the line side of the maid service if sufficiently separated from main service to prevent simultaneous interruption of supply through an occurrence within he building or group of buildings served (see section 700-27).

700-37. Auxiliary Source. The requirements of section 700-31 and section 700-32 shall also apply to installation where the entire electrical load on a service or sub-service is arranged to be supplied from a second source. Current supply from a standby power plant shall satisfy the requirements of availability in section 700-32 (see section 700-27).

700-38. Derangement Signals. Audible and visual devices shall be provided where practicable for the following purposes (see section 700-27):

1. To give warning of derangement of the emergency or auxiliary source.

2. To indicate that the battery or generator is carrying the load.

3. To indicate when battery charger is properly functioning.

I. Emergency Circuits for Lighting and Power for Existing Buildings

700-39. Loads on Emergency Branch Circuits. No appliances and no lamps, other than those specified as required for emergency use, shall be supplied by emergency lighting circuits(see section 700-27).

700-40. Emergency Illumination. Emergency illumination shall include all required exit lights and all other lights specified as necessary to provide sufficient illumination (see section 700-27).

Emergency lighting systems should be so designated and installed that the failure of any individual lighting element, such as the burning out of a light bulb, cannot leave any space in total darkness 9see section 700-27).

700-41. Circuits for Emergency Lighting. Branch circuits intended to supply emergency lighting shall be so installed as to provide service immediately when the normal supply for lighting is interrupted. Such installations shall provide either one of the following (see section 700-27):

1. An emergency lighting supply, independent of the general lighting system, with provisions for automatically transferring, by means of devices approved for the purpose, the emergency lights upon the event of failure of the general lighting system supply.

2. Two or more separate and complete systems with independent power supply, each system providing sufficient current for emergency lighting purposes. Unless both systems are used for regular lighting purposes and are both kept lighted, means shall be provided for automatically energizing either system upon failure of the other. Either or both systems may be part of the general lighting system of the protected occupancy of circuits supplying lights for emergency illumination are installed in accordance with other sections of this article.

700-42. Circuits for Emergency Power. For branch circuits which supply equipment classed as emergency, there shall be an emergency supply source to which the load will be transferred automatically and immediately upon the failure of the normal supply (see section 700-27).

700-43. Independent wiring. Emergency circuit wiring shall be kept entirely independent of all other wiring and equipment and shall not enter the same raceway, box, or cabinet with other wiring except (see section 700-27):

Exception No. 1: In transfer switches.

Exception No. 2: In exit or emergency lighting fixtures supplied from two sources. J. Controls for Existing Buildings.

700-44. Switch Requirements. The switch or switches installed in emergency lighting circuits shall be so arranged that only authorized persons will have control of emergency lighting except (see section 700-27):

Exception No. 1: Where one or more single throw switches are connected in parallel to control a single circuit, at least one of these switches shall be accessible only to authorized person.

Exception No. 2: Additional switches which act only to put emergency lights into operation but not is connect them are permissible.

Switches connected in series or three and four way switches shall not be used.

700-45. Switch Location.

1. All manual switches for controlling emergency circuits shall be in locations convenient to authorized persons responsible for their actuation. In places of assembly such as theaters, a switch for controlling emergency lighting systems shall be located in the lobby or at a place conveniently accessible thereto (see section 700-27).

2. In no case shall a control switch for emergency lighting in a theater or notion picture theater be placed in a motion picture projection booth of on a stage, except that where multiple switches are provided, one such switch may be installed in such location when so arranged that it can energize, but not disconnect, the circuit (see section 700-27).

700-46. Other Switches.

1. Exterior Lights. Those lights on the exterior of the building which are not required for illumination when there is sufficient daylight may be controlled by an automatic light-actuated device approved for the purpose (see section 700-27).

2. Existing Building Corridors. Switching arrangements to transfer corridor lighting in patient areas of health care occupancies from overhead fixtures to fixtures designed to provide night lighting may be permitted, provided the switching system is so designed that switches can only select between two sets of fixtures and cannot extinguish both sets at the same time (see section 700-27).

K. Over Current Protection for Existing Buildings

700-47. Accessibility. The branch-circuit Over current devices in emergency circuits shall be accessible to authorized persons only (see section 700-27).

L. Unit Equipments for Existing Buildings

700-48. Unit Equipment. Where permitted by the authority having jurisdiction, in lieu of other methods specified elsewhere in this Article, individual unit equipment for emergency illumination shall consist of (a) a battery, (b) battery charging means when a storage battery is used, (c) one or more lamps, and (d) a relaying device arranged to energize the lamps automatically upon failure of the normal supply to the building. The batteries shall be of suitable rating and capacity to supply and maintain at not less than 91 percent of rated lamp voltage the total lamp load associated with the unit for a period of at least 1/2 hour. Storage batteries whether if the acid or alkali type shall be designed and constructed to meet the requirement of emergency service. When of the lead-acid type, the storage battery shall have a transparent jar (see section 700-27).

Unit equipment shall be permanently fixed in place (i.e., not portable) and shall have all wiring to each unit installed in accordance with the requirements of any of the wiring methods in Chapter 3. They shall not be connected by flexible cord. The supply circuit between the unit equipment and the service, feeders, or the branch circuit wiring shall be installed as required by Section 700-43. Emergency illumination fixtures which obtain power from a unit equipment and are not part of the unit equipment shall be wired to the unit equipment as required by section 700-43 and by one of the wiring methods of Chapter 3 (see section 700-27).

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of Amendments to Codes Effective January 1, 1999" adopted. F. June 22, 2000; eff. July 12, 2000.

Ga. Comp. R. & Regs. r. 110-11-1-.09 Adoption of Amendments to Codes Effective January 1, 2000

The following amendments to codes are hereby adopted by the Board of Community Affairs as amendments to the Georgia State Minimum Standard Codes for Construction:

GEORGIA AMENDMENTS TO THE 1994 STANDARD BUILDING CODE

Chapter 10 Means of Egress

Section 1005 Special Exit Requirement

• Revise subsection 1005.6 Mezzanines, to read as follows:

The State's minimum requirements for means of egress from mezzanines shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Standard Building Code, the Standard Building Code shall be used as a supplement.

Chapter 16 Structural Loads

Section 1609 Load Combinations

• Revise Section 1609.2 regarding strength design to read as follows:

Except for load combinations which include seismic, load factors for ultimate strength of concrete, LRFD of wood and plastic design or LRFD of steel shall be indicated in the appropriate design standards referenced in this code. (Remainder of section unchanged)

Chapter 19 Concrete

Section 1906 Mixing and Placing Concrete

• Add a new Section 1906.1.2 to read as follows:

1906.1.2 Cells and cavities in masonry units of foundation and basement walls shall be cleaned of all trash, debris, wood scraps, and other extraneous content before concrete placement.

Chapter 23 Wood

Section 2301 Scope

• Add the following standard to subsection 2301.2.5:

American Forest and Paper Association

AF&PA/ASCE 16-95 Load and Resistance Factor Design (LRFD)

Standard for Engineered Wood Construction.

*Revise subsection 2301.4.7 to read as follows:

Hardwood and decorative plywood shall be manufactured and identified as required in ANSI/HPVA HP-1.

Section 2304 Protection Against Decay and Termites

*Add a new Section 2304.6 to read as follows:

2304.6 All Concrete or mortar excess along the exterior foundation perimeter shall be broken away and removed prior to chemical soil treatment of the exterior in order to enhance penetration of the chemical into the soil which is directly adjacent to the exterior.

Chapter 26 Plastic

Section 2603 Foam Plastic Insulation

• Add an exception to subsection 2603.1.3 to read as follows:

1. Where an approved method of protecting the foam plastic and structure from subterranean termite damage is provided.

(renumber the remaining exceptions)

Chapter 35 Reference Standards

Section 3502 Referenced Standards

• Add the following standard:

Standard Designation Section

AF&PA/ASCE Load and Resistance Factor Design (LRFD) Standard for Engineered Wood Construction. 16-95 2301.2.5

• Delete reference standard ANSI/HPMA HP-83, NfoPA Design Values for Joists and Rafters and NfoPA National Design Specification for Wood Construction 1991 and Design Values for Wood Construction, July 1991, NfoPA Span Table for Joist and Rafters, 1993, NfoPA Technical Report No. 7. The Permanent Wood Foundation System, 1/87, NfoPA Wood Construction Data No. 5 Heavy Timber Construction Details, 1990 and substitute the following standards respectively:

Standard Designation Section

ANSI/HPVA HP-1-1994 Hardwood and decorative Plywood 2301.4.7

AF & PA Design Values for Joists and Rafters, 1997 2301.5

ANSI/AF&PA National Design Specification for Wood Construction 709.6.3.3

(NDS®), 1997 and Design Values for Wood Construction, 1997, 1707.3.1 a Supplement to the National Design Specification 2301.2.5

2310.3.2

2310.4.3

2311.3.2

2311.4.2

2312.4

2312.4.5.1

312.4.5.2

2312.4.6

AF&PA Span Table for Joist and Rafters, 1993 2307.3.1

2309.1.1

AF&PA Technical Report No. 7, The Permanent Wood Foundation System, 1/87 1804.8

2306.3

AF & PA Wood Construction Data No. 5,Heavy Timber Construction Details, 1990 2301.2.5

Section 3505 Organizations

• Change the names and addresses of the HPMA and the NfoPA respectively, to read as follows:

HPVA Hardwood Plywood & Veneer Association P. O. Box 2789 Reston, Virginia 22090-2789

AF&PA American Forest and Paper Association 111 19th Street, NW, Suite 800 Washington, DC 20036

(The remainder of the section is unchanged)

GEORGIA AMENDMENTS TO THE CABO ONE AND TWO FAMILY DWELLING CODE,1995 EDITION

Chapter 3 Building Planning

Section 323 Protection Against Termites

Subsection 323.1.1 Foam Plastics

• Add an exception number 2 (and number the existing exception "1") to subsection 323.1.1 Foam Plastics to read as follows:

2. Where an approved method of protecting the foam plastic and structure from subterranean termite damage is provided.

• Add a new Section 323.4 to read as follows:

323.4 Cells and cavities in masonry units of foundation and basement walls shall be cleaned of all trash, debris, wood scraps, and other extraneous content before concrete placement.

• Add a new Section 323.5 to read as follows:

323.5 All Concrete or mortar excess along the exterior foundation perimeter shall be broken away and removed prior to chemical soil treatment of the exterior in order to enhance penetration of the chemical into the soil which is directly adjacent to the exterior.

• Add a new Section 325 to read as follows:

325 Deck Construction

325.1 Application: The provisions of this section shall control the design and construction of exterior balconies, decks, and porches.

325.1.2 Requirements: Exterior decks, porches, and its structural elements shall be capable of accommodating all superimposed live, dead, and other loads according to Section 301 and all lateral loads in accordance with this code. Fills which support footings, shall be designed, installed and tested in accordance with accepted engineering practice.

325.2 Attachment to structure: Exterior decks, and porches shall be secured to a 11/2 inch main structural member by 1/2 inch bolts installed 32 inches on center or shall be self-supporting and attached as prescribed in 325.2.

325.2.1 Flashing: Exterior balconies, decks, and porches shall be flashed in accordance with Section 703.8.

325.3 Framing Details: Framing members shall be fastened in accordance with Table 602.3a using corrosion resistant fasteners or equivalent. Floor joists shall be supported by a minimum of 11/2 inch bearing surface.

325.4 Bracing: Adequate bracing shall be provided to resist lateral movement.

325.5 Footings: Footings shall comply with Section 403.

325.6 Guardrails: Guardrails shall comply with Section 315.3, and 315.4.

325.7 Stairs: Stairs leading from exterior balconies, decks, and porches shall comply with Section 314.

Chapter 4 Foundations

Section 403 Footings

Subsection 403.1 General

• Revise Subsection 403.1 so as to read as follows:

403.1 General All exterior walls shall be supported on continuous solid masonry or concrete footings, wood foundations, or other approved structural systems which shall be of sufficient design to support safely, the loads imposed as determined from the character of the soil and, except when erected on solid rock or otherwise protected from frost, shall extend below the frost line as specified in Table 301.2a. Minimum sizes for concrete or masonry footings and anchor bolt placement shall be set forth in Table 403.1 and Figure 403.1a. Footing for wood foundations shall be in accordance with the details set forth in Section 404.2, Figure 403.1b and 403.1c.

GEORGIA AMENDMENTS TO THE STANDARD FIRE PREVENTION CODE, 1994 EDITION

Chapter 6 Fire Protection

Section 603 Installation and maintenance of Fire Protection Systems and Appliances

Subsection 603.3 Portable Fire Extinguishers

• Delete subsection 603.3 in its entirety and substitute the following:

603.3 Portable Fire Extinguishers The State's minimum requirements for portable fire extinguishers shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code but which are addressed by the Standard Fire Prevention Code or the Standard Building Code, the Standard Fire Prevention Code or the Standard Building Code shall be used as a supplement.

Chapter 9, Flammable and Combustible Liquids

Section 907 Service Stations

Subsection 907.3 Storage and Handling

• Delete subsection 907.3.5.6 in its entirety and substitute the following:

See NFiPA 30A, Section 2-4.2 Storage Tanks for requirements regarding storage tanks.

GEORGIA AMENDMENTS TO THE STANDARD PLUMBING CODE, 1994 EDITION

Chapter 5 Water Heaters

Section 506 Connections

• Add a sentence to the end of subsection 506.2 to read as follows:

Hot water supply systems in buildings, where the developed length of hot water piping from the source to the farthest fixture exceeds 100 feet, shall maintain heated water temperature in all supply piping to within 40 feet of any heated water outlet.

Chapter 6 Water Supply and Distribution

Section 607 Sizing of Water Distribution Systems

Subsection 607.9 Water Pressure Reducing Valve of Regulators

• Delete subsection 607.9.3 in its entirety.

• Delete subsection 607.9.4 in its entirety.

Chapter 7 Sanitary Drainage

Section 704 Building Sewer

Subsection 704.6 Minimum Size Building Sewer

• Revise Subsection 704.6 to read as follows:

No Building sewer can be less than 4 inches in size with the exception of a branch, not less than 2 inches in size, serving a detached garage, accessory building or forced lines.

Subsection 704.7 Back Water Valves

• Add a new subsection 704.7 Back Water Valves to read as follows:

704.7 Back Water Valves

704.7.1 Fixture Branches

Backwater valves shall be installed in the branch of the building drain, which receives only the discharge from fixtures located within the such branch on the same floor, and shall be located below grade. Where fixtures are located below the level of the top of the first upstream manhole, such fixtures shall be protected by a backwater valve.

704.7.2 Material

Backwater valves shall have all bearing parts of corrosion resistant material. Backwater valves shall comply with ASME A112.14.1, CSA CAN/CSA-B181.1, or CSA CAN/CSA-B181.2

704.7.3 Seal

Backwater valves shall be so constructed as to insure a mechanical seal against backflow.

704.7.4 Diameter

Backwater valves, when fully open, shall have a capacity not less than that of the pipes in which they are installed.

704.7.5 Location

Backwater valves shall be so installed to be accessible for service and repair.

Chapter 9 Vents

Section 902 Definitions

• Revise the definition of branch vent as follows:

BRANCH VENT - a vent connecting one or more individual vents with a vent stack, or stack vent or terminating in the open air.

Section 920 Size and Length of Vents

• Add a new section 920.4.1 to read as follows:

920.4.1 A branch vent shall only vent fixtures on the same floor level that connect to a horizontal branch or fixture branch.

Chapter 11 Storm Drainage

Section 1112 Backwater Valves

• Delete Section 1112 Backwater Valves in its entirety. Refer to Section 704.7 for requirements regarding backwater valves.

THE 1999 EDITION OF THE NATIONAL ELECTRICAL CODE WITH GEORGIA AMENDMENTS

• The 1999 Edition of the National Electrical Code is hereby adopted in its entirety as if quoted verbatim herein.

The following Georgia Amendments to the 1999 Edition of the National Electrical Code are adopted in conjunction thereto:

Chapter 2 Wiring and Protection

Article 210 Branch Circuits

Section 210-8(b)Other Dwelling Units

• Add a new location to the list of locations as follows:

3. Within 6 feet of a sink or basin, excluding those listed in Section 517-21.

Section 210-70 Lighting Outlets Required

• Amend subsection 210-70(a)(1) Habitable Rooms to read as follows:

(1) Habitable Rooms. At least one wall switch-controlled lighting outlet "to provide illumination" shall be installed in every habitable room and bedroom. "A lighting fixture shall be permitted to be installed meeting the requirements of Section 410-8(b), (c) and (d)."

• Add and exception to subsection 210-70(a)(3) Storage or Equipment Space to read as follows: Exception: No lighting is required in attic spaces that have no equipment and the space is less than 30" in continuous height for a distance of 72" in depth when measured perpendicular to the access opening. If a light fixture is installed in such spaces it shall meet the requirement of Section 410-8(a).

Article 220 Branch-Circuit, Feeder and Service Calculations

Section 220-30 Optional Calculation-Dwelling Unit

• Amend subsection 220-30(c)so as to read as follows:

(c) Heating and air-conditioning Load. Include the largest of the following five selections (load in kVA). 100 percent of the nameplate rating(s) of the air conditioning and cooling, including heat pump compressors.

100 percent of the nameplate ratings of electric thermal storage and other heating systems where the usual load is expected to be continuous at the full nameplate value. Systems qualifying under this selection shall not be calculated under any other selection in (c). 65 percent of the nameplate ratings(s) of the central electric space heating, including integral supplemental heating in heat pumps. 65 percent of the nameplate rating(s) of electric space heating if less than four separately controlled units. 40 percent of the nameplate ratings(s) of electric space heating if four or more separately controlled units.

Article 250 Grounding

Section 250-104 Bonding of Piping Systems and Exposed Structural Steel Subsection 250-104(b)Metal Gas Piping

• Add the following to subsection 250-104(b):

The bonding jumper shall be sized in accordance with Table 250-122 using the rating of the circuit that may energize the piping. The equipment grounding conductor for the circuit that may energize the piping shall be permitted to serve as the bonding means.

Chapter 3 Wiring Methods and Materials

Article 333 Armored Cable

Section 333-3 Uses Permitted

• Add the following to Section 333-3:

Armored cable without the bonding strip inside the armor of the cable shall be limited for use only in existing installations and limited to six feet in any ground return path or be protected by GFCI or by AFCI when the cable exceeds six feet in length.

FPN: Armored cable without the bonding strip has a high impedance ground return path in lengths exceeding six feet and constitutes a fire or shock hazard due to ground faults.

Article 364 Busways

Section 364-9 Overcurrent Protection

• Revise Section 364-9 to read as follows:

(a) General. Overcurrent protection shall be provided in accordance with Sections 364-10 through 364-13.

(b) Residential Occupancies. Residential occupancies shall be ground-fault protected when provided for solidly grounded wye busways of more than 100 volt to ground, but not exceeding 600 volts phase-to-phase for each overcurrent device rated 1000 amperes or more.

Exception to (b): For existing buildings where records indicate the systems have been adequately maintained."

Chapter 4 Equipment for General Use

Article 410 Lighting Fixtures, Lampholders, Lamps and Receptacles

Section 410-57(b)Wet Locations

• Delete Section 410-57(b) and substitute the following:

410-57 (b). Wet Locations a receptacle installed in a wet location shall be in a weatherproof enclosure, the integrity of which is not affected when the attachment plug cap is inserted or removed.

Chapter 6 Special Equipment

Article 695 Fire Pumps

Section 695-6 Power Wiring

Subsection 695-6(b)Circuit Conductors

• Amend subsection 695-6(b)so as to read as follows: They shall be permitted to be routed through a building(s) encased in 2 in. (50.8mm) of concrete, or they shall be permitted to be a listed electrical circuit protective systems with a minimum of 1-hour fire resistance with a minimum of 1-hour fire resistance.

Chapter 7 Special Conditions

Article 700 Emergency Systems

Section 700-9 Wiring, Emergency System

Subsection 700-9(d)(1) Fire Protection

• Amend subsection 700-9(d)(1) as follows: Delete letter (d) under subsection 700-9(d)(1) and reletter the remaining conditions.

Appendix D

• Correct Example No. D2 in Appendix D so as to read as follows:

Example No. D2(c). (Page 70-610) Optional Calculation for One- Family Dwelling with Heat Pump (Single-Phase, 240/120-Volt Service). (see Section 220-30).

Heat Pump and Supplementary Heat*:

20.76 kVA × 65% = 13.49 kVA

Totals

Net general load 19,280 VA

Heat pump and supplementary heat 13,490 VA

Total 32770 VA

32.77 kVA × 1000 ÷ 240 V = A 136.5 A

This dwelling unit would be permitted to be served by a 150-A service.

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of Amendments to Codes Effective January 1, 2000" adopted. F. Sept. 23, 1999; eff. Jan. 1, 2000, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.10 Adoption of 2000 Standard Plumbing, Mechanical and Gas Codes with Georgia Amendments and CABO Amendments Effective January 1, 2001

The following codes and amendments are hereby adopted by the Board of Community Affairs as amendments to the Georgia State Minimum Standard Codes for Construction:

THE GEORGIA STATE MINIMUM

STANDARD GAS CODE

(INTERNATIONAL FUEL GAS CODE)

WITH GEORGIA AMENDMENTS

• The Standard Gas Code (International Fuel Gas Code) 2000 Edition is hereby adopted in its entirety as if quoted verbatim herein.

The following Georgia Amendments to the Standard Gas Code (International Fuel Gas Code) are hereby adopted.

The STANDARD GAS CODE (International Fuel Gas Code), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Gas Code (International Fuel Gas Code).

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical, International Building, Fuel Gas, Mechanical, Plumbing or Fire Prevention Codes to the Georgia State Minimum Standard Electrical, Building, Gas, Mechanical, Plumbing or Fire Prevention Codes, respectively. The International Codes should be used when referenced issues are not addressed by the Georgia State Minimum Standard Codes.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient or performance rating of equipment.

• Revise the Standard Gas Code (International Fuel Gas Code), 2000 Edition, as follows:

(a) The State's minimum requirements for natural gas systems shall be established by the National Fuel Gas Code (NFPA 54). Areas not specifically addressed by NFPA 54 and which are addressed by the Georgia State Minimum Standard Gas Code (International Fuel Gas Code), the Gas Code shall be used as the supplement.

(b) The State's minimum requirements for Boilers/Water Heaters and Pressure Vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit or 120-gallon capacity shall be established by O.C.G.A. Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor.

CHAPTER 1

ADMINISTRATION

• Delete Chapter 1 without substitution. Chapter 1 to remain in Code as a guide for local governments in development of their own Administrative Procedures. (Effective January 1, 2001)

CHAPTER 3

GENERAL REGULATIONS

SECTION 301GENERAL

• Revise Section 301.2 to read as follows:

301.2 Energy utilization. Heating, ventilation and air conditioning systems of all structures shall be designed and installed for efficient utilization of energy in accordance with the Georgia State Energy Code for Buildings. (Effective January 1, 2001)

SECTION 303APPLIANCE LOCATON

• Revise Section 303.4 to read as follows:

303.4 Protection from physical damage. Appliances shall not be installed in a location where subject to physical damage unless protected by approved barriers. (Effective January 1, 2001)

SECTION 305INSTALLATION

• Revise Section 305.2 to read as follows:

305.2 Elevation of ignition source. Equipment and appliances having an ignition source shall be elevated such that the source of ignition is not less than 18 inches (457 mm) above the floor in hazardous locations and public garages, private garages, repair garages, automotive service stations and parking garages. Such equipment and appliances shall not be installed in Use Group H occupancies or control areas where open use, handling or dispensing of combustible, flammable or explosive materials occur. For the purpose of this section, rooms or spaces that are not part of the living space of a dwelling unit and that communicate directly with a private garage through openings shall be considered to be part of the private garage.

Exceptions:

1. Appliances that are approved and listed for such locations.

2. Appliances installed in an enclosure communicating directly with a garage in which all combustion air is taken from the outdoors and the enclosure is equipped with a solid weather-stripped door and self-closing device. (Effective January 1, 2001)

SECTION 307

CONDENSATE DISPOSAL

• Revise Section 307.2 to add an exception to read as follows:

307.2 Drain pipe materials and sizes.

Exception: If an approved condensate pump is used, the condensate line must be sized according to the manufacturer's instructions. (Effective January 1, 2001)

CHAPTER 4

GAS PIPING INSTALLATIONS

SECTION 404

PIPING SYSTEM INSTALLATION

• Revise Section 404.8 to read as follows:

404.8 Protection against corrosion. Metallic pipe or tubing exposed to corrosive action such as soil condition or moisture shall be protected in an approved manner. Ferrous metal exposed in exterior locations shall be protected from corrosion. When dissimilar metals are joined underground, an insulating coupling or fitting shall be used. Piping shall not be laid in contact with cinders. (Effective January 1, 2001)

SECTION 408

DRIPS AND SLOPED PIPING

• Revise Section 408.4 to read as follows:

408.4 Sediment trap. Where a sediment trap is not incorporated as a part of the gas utilization equipment, a sediment trap shall be installed as close to the inlet of the equipment as practical. The sediment trap shall be either a tee fitting with a minimum 3" (76 mm) long capped nipple in the bottom outlet or other configuration approved as an effective sediment trap. (Effective January 1, 2001)

Exception: Illuminating appliances, ranges, clothes dryers, decorative appliances for installation in vented fireplaces, decorative vented appliances and outdoor grills need not be so equipped unless required by manufacturer's installation instructions. (Effective January 1, 2001)

SECTION 409

SHUTOFF VALVES

• Revise Section 409.1.2 to add an exception to read as follows:

409.1.2 Prohibited locations.

Exception: Equipment shutoff valves required by the code shall be permitted to be installed in accessible above ceiling spaces containing vented gas utilization equipment. (Effective January 1, 2001)

SECTION 412

LIQUEFIED PETROLEUM GAS MOTOR VEHICLE FUEL-DISPENSING STATIONS

• Delete Section 412 in its entirety and substitute the following:

412 Liquefied petroleum gas motor vehicle fuel-dispensing stations. Under Georgia law, the Rules and Regulations of the Georgia Safety Fire Commissioner's Office govern the storage, delivery and dispensing of Liquefied Petroleum Gas. Refer to the Rules and Regulations of the Georgia Safety Fire Commissioner's Office and NFPA 58 for all requirements concerning liquefied petroleum gas motor vehicle fuel-dispensing stations. (Effective January 1, 2001)

SECTION 413

COMPRESSED NATURAL GAS MOTOR VEHICLE FUEL-DISPENSING STATIONS

• Delete Section 413 in its entirety and substitute the following:

413 Compressed natural gas motor vehicle fuel-dispensing stations. Under Georgia law, the Rules and Regulations of the Georgia Safety Fire Commissioner's Office govern the storage, delivery and dispensing of compressed natural gas. Refer to the Rules and Regulations of the Georgia Safety Fire Commissioner's Office and NFPA 52 for all requirements concerning compressed natural gas motor vehicle fuel-dispensing stations. (Effective January 1, 2001)

CHAPTER 6

SPECIFIC APPLIANCES

SECTION 620

UNVENTED ROOM HEATERS

• Revise Section 620.1 so as to read as follows:

620.1 General. Unvented room heaters shall be tested in accordance with ANSI Z 21.11.2 and shall be installed in accordance with the conditions of the listing or the manufacturer's installation instructions. Unvented room heaters utilizing fuels other than gas shall be regulated by the Georgia State Minimum Standard Mechanical Code. (Effective January 1, 2001)

SECTION 622COOKING APPLIANCES

• Delete Section 622.2 Prohibited location without substitution. (Effective January 1, 2001)

• Delete Section 622.3 Domestic appliances without substitution. (Effective January 1, 2001)

End of Standard Gas Code Amendments.

THE GEORGIA STATE MINIMUM STANDARD MECHANICAL CODE (INTERNATIONAL MECHANICAL CODE)

• The Standard Mechanical Code (International Mechanical Code) 2000 Edition is hereby adopted in its entirety as if quoted verbatim herein.

The following amendments to the Standard Mechanical Code (International Mechanical Code) 2000 Edition are hereby adopted.

The STANDARD MECHANICAL CODE (International Mechanical Code), 2000 Edition, as published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Mechanical Code (International Mechanical Code).

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical, International Building, Fuel Gas, Mechanical, Plumbing or Fire Prevention Codes to the Georgia State Minimum Standard Electrical, Building, Gas, Mechanical, Plumbing or Fire Prevention Codes, respectively. The International Codes should be used when referenced issues are not addressed by the Georgia State Minimum Standard Codes.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of performance rating of mechanical equipment.

• Revise the Standard Mechanical Code (International Mechanical Code), 2000 Edition, as follows:

(a) The State's minimum requirements for Boilers/Water Heaters and Pressure Vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit or 120-gallon capacity shall be establisted by O.C.G.A. Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor. (Effective January 1, 2001)

CHAPTER 1

ADMINISTRATION

• Delete Chapter 1 without substitution. Chapter 1 to remain in Code as a guide for local governments in development of their own Administrative Procedures. (Effective January 1, 2001)

CHAPTER 2

DEFINITIONS

SECTION 202

GENERAL DEFINITIONS

• Revise Section 202 to add a new definition for ABSORPTION SYSTEM as follows:

ABSORPTION SYSTEM. A refrigerating system in which refrigerant is pressurized by pumping a chemical solution of refrigerant in absorbent, and then separated by the addition of heat in a generator, condensed (to reject heat), expanded, evaporated (to provide refrigeration), and reabsorbed in an absorber to repeat the cycle; the system may be single or multiple effect, the latter using multiple stages or internally cascaded use of heat to improve efficiency. (Effective January 1, 2001)

• Revise Section 202 to add a new definition for PLENUM as follows:

PLENUM. Air compartment or chamber to which one or more ducts are connected and which forms part of an air distribution system. (Effective January 1, 2001)

CHAPTER 3

GENERAL REGULATIONS

SECTION 301GENERAL

• Add Section 301.17 to read as follows:

301.17 Related fire codes. Any reference to NFPA Standards in any chapter of this code shall be the latest edition as adopted and amended by the Georgia State Fire Safety Commissioner. (Effective January 1, 2001)

• Revise Section 301.2 to read as follows:

301.2 Energy Utilization. Change the last sentence of the paragraph to read in accordance with the "Georgia State Energy Code for Buildings". (Effective January 1, 2001)

SECTION 303

EQUIPMENT AND APPLIANCE LOCATION

• Revise Section 303.3 to read as follows:

303.3 Prohibited location. Exception 4. Refer to the Georgia State Minimum Standard Gas Code (International Fuel Gas Code), 2000 Edition, for gas-fired appliances. (Effective January 1, 2001)

• Delete Section 303.5 and substitute the following:

303.5 Indoor locations. Fuel-fired furnaces and boilers installed in closets and alcoves shall be listed for such installation. (Effective January 1, 2001)

SECTION 304 INSTALLATION

• Revise Section 304.8 to read as follows:

304.8 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade "a minimum of 2 inches (76 mm)" or shall be suspended a minimum of 6" (152 mm) above adjoining grade. (Effective January 1, 2001)

• Revise Section 304.9 to read as follows:

304.9 Guards. Guards shall be provided where appliances, equipment, fans or other components that require service are located within "6 feet (1829 mm)" of a roof edge or open side of a walking surface and such edge or open side is located more than 30 inches (762 mm) above the floor, roof or grade below. And delete the word "International" in the last sentence. (Effective January 1, 2001)

SECTION 306

ACCESS AND SERVICE SPACE

• Revise Section 306.3 to read as follows:

306.3 Appliances in attics. In the second sentence of the first paragraph delete the following: "and not more than 20 feet . . . to appliances." (Effective January 1, 2001)

• Revise Section 306.6 to read as follows:

306.6 Sloped roofs. Change the number of units in first sentence of the paragraph to read: "4 units vertical (25%)" in lieu of 3 units vertical (33%) in 12 horizontal units or greater. (Effective January 1, 2001)

SECTION 309

TEMPERATURE CONTROL

• Delete Section 309.1 Space-heating systems without substitution and renumber the remaining code sections. (Effective January 1, 2001)

SECTION 312

HEATING AND COOLING LOAD CALCULATIONS

• Revise Section 312.1 to read as follows:

312.1 Load calculations. Revise the last sentence of the section paragraph to read as follows: or an approved equivalent using the design parameters specified in Chapter 3 of the "Georgia State Energy Code for Buildings." (Effective January 1, 2001)

CHAPTER 4

VENTILATION

SECTION 403

MECHANICAL VENTILATION

• Add Section 403.3.5 to read as follows:

403.3.5 Intermittent Occupancy. Intermittent Occupancy shall be allowed in accordance with ASHRAE Standard 62-1999. (Effective January 1, 2001)

CHAPTER 5

EXHAUST SYSTEMS

SECTION 505DOMESTIC KITCHEN EXHAUST EQUIPMENT

• Add Section 505.2 to read as follows:

505.2 Commercial Installations of Domestic Systems. Commercial installations of domestic systems shall comply with the current NFPA standards as adopted and amended by the Georgia State Fire Safety Commissioner. (Effective January 1, 2001)

• Add Section 505.3 to read as follows:

505.3 Exhaust Ducts. Exhaust ducts for domestic range hoods shall be vented to the outside and shall be constructed of Type B label vent or smooth wall duct constructed of minimum 0.0157 inch (0.4 mm) galvanized steel. (Effective January 1, 2001)

SECTION 506

COMMERCIAL KITCHEN GREASE DUCTS AND EXHAUST EQUIPMENT

• Delete Section 506.1 and substitute the following to read:

506.1 General. The State's minimum requirements for exhausting commercial cooking equipment shall be established by the Life Safety Code and NFPA 96. Areas not specifically addressed by the Life Safety Code and NFPA 96 and which are addressed by the State Minimum Standard Mechanical Code (International Mechanical Code), the Mechanical Code shall be used as a supplement. (Effective January 1, 2001)

SECTION 507

COMMERCIAL KITCHEN HOODS

• Delete Section 507.1 and substitute the following to read:

507.1 General. The State's minimum requirements for exhausting commercial cooking equipment shall be established by the Life Safety Code and NFPA 96. Areas not specifically addressed by the Life Safety Code and NFPA 96 and which are addressed by the Georgia State Minimum Standard Mechanical Code (International Mechanical Code), the Mechanical Code shall be used as a supplement. (Effective January 1, 2001)

• Delete Section 507.2.2 Domestic Cooking Appliances Used for Commercial Purposes without substitution and renumber the remaining sections. (Effective January 1, 2001)

SECTION 508

COMMERCIAL KITCHEN MAKEUP AIR

• Revise to add new Section 508.1 to read as follows and renumber the remaining sections:

508.1 General. The State's minimum requirements for commercial kitchen makeup air shall be established by the Life Safety Code and NFPA 96. Areas not specifically addressed by the Life Safety Code and NFPA 96 and which are addressed by the Georgia State Minimum Standard Mechanical Code (International Mechanical Code), the Mechanical Code shall be used as a supplement. (Effective January 1, 2001)

CHAPTER 6

DUCT SYSTEMS

SECTION 602

PLENUMS

• Revise Section 602.1 to read as follows:

602.1 General. Delete the first sentence: "A plenum is an enclosed portion of the building structure that is designed to allow air movement, and thereby serve as part of an air distribution system." (Effective January 1, 2001)

SECTION 603

DUCT CONSTRUCTION AND INSTALLATION

• Revise Section 603.3 to read as follows:

603.3 Metallic ducts.

Exception: Ducts installed within "residential" units shall have a minimum thickness as specified in Table 606.3. (Effective January 1, 2001)

• Revise Table 603.3 title to read as follows:

Table 603.3

DUCT CONSTRUCTION MINIMUM SHEET METAL

THICKNESS FOR "RESIDENTIAL" UNITS

(Effective January 1, 2001)

SECTION 606

SMOKE DETECTION SYSTEMS CONTROL

• Revise Section 606.2.1 to read as follows:

606.2.1 Return Air Systems. Revise the Section title to read "Supply" air in lieu of "Return" air systems. And, revise the first sentence to read as follows: Smoke detectors shall be installed in the "supply" air systems, with a design capacity greater than 2,000 cfm (0.9 m3/s). Also, delete the end of the sentence from "in the return air duct or plenum upstream of any filters, exhaust air connections, outdoor air connections, or decontamination equipment and appliances. (Effective January 1, 2001)

CHAPTER 9

SPECIFIC APPLIANCES, FIREPLACES, AND SOLID FUEL-BURNING EQUIPMENT

SECTION 917

COOKING APPLIANCES

• Delete Section 917.2 Prohibited location without substitution. (Effective January 1, 2001)

• Delete Section 917.3 Domestic appliances without substitution. (Effective January 1, 2001)

CHAPTER 10

BOILERS, WATER HEATERS AND PRESSURE VESSELS

SECTION 1001GENERAL

• Revise Section 1001.1 to read as follows:

1001.1 Scope. Add a new sentence for the Georgia Department of Labor at the end of the first paragraph to read as follows: "The State's minimum requirements for Boilers/Water Heaters and Pressure Vessels, over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit or 120 gallons capacity, shall be established by O.C.G.A., Title 34, Chapter 11 and the rule and regulations of the Georgia Department of Labor." (Effective January 1, 2001)

• Revise Section 1007.1 to read as follows:

1007.1 General. Add a new sentence at the end of the section to read: "In lieu of the low water cut-off control, a flow switch or other mechanism as recommended by manufacturer shall be allowed for water tube boilers." (Effective January 1, 2001)

CHAPTER 11

REFRIGERATION

SECTION 1105MACHINERY ROOM, GENERAL REQUIREMENTS

• Revise Section 1105.3 to read as follows:

1105.3 Refrigerant detector. Refrigerant detectors in machinery rooms shall be provided as required in accordance with "ASHRAE Standard 15". (Effective January 1, 2001)

SECTION 1106MACHINERY ROOM, SPECIAL REQUIREMENTS

• Revise Section 1106.5 to read as follows:

1106.5 Remote Controls. Remote control of the mechanical equipment and appliances located in the machinery room shall be provided as required by "ASHRAE Standard 15". (Effective January 1, 2001)

• Revise Section 1106.6 to read as follows:

1106.6 Emergency signs and labels. Refrigeration units and systems shall be provided with approved emergency signs, charts, and labels in accordance with "ASHRAE Standard 15". (Effective January 1, 2001)

CHAPTER 12

HYDRONIC PIPING

SECTION 1204

PIPE INSULATION

• Revise Section 1204.1 to read as follows:

1204.1 Insulation characteristics. Revise the first sentence of the paragraph to read: Pipe insulation installed in buildings shall conform to the requirements of the "Georgia State Energy Code for Buildings", shall be tested in the composite form in accordance with ASTM E 84 and shall have a maximum flame spread index of 25 and a smoke-developed index not exceeding 450. (Effective January 1, 2001)

• Revise Section 1204.2 to read as follows:

1204.2 Required thickness. Hydronic piping shall be insulated to the thickness required by "the Georgia State Energy Code for Buildings". (Effective January 1, 2001)

SECTION 1206PIPING INSTALLATION

• Revise Section 1206.8 to read as follows:

1206.8 Steam piping pitch. Add a new sentence at end of the paragraph to read: "Branch piping for steam mains shall be taken off at the top of the pipe." (Effective January 1, 2001)

CHAPTER 13

FUEL OIL PIPING AND STORAGE

SECTION 1301

GENERAL

• Revise Section 1301.1 to read as follows:

1301.1 Scope. Add a new sentence at the end of the first paragraph to read: "The State minimum standard code requirements for Fuel Oil Piping Storage shall be as established by the Georgia State Minimum Standard Fire Codes and the rules and regulations of the Georgia State Fire Safety Commissioner. Any areas not addressed by the Georgia State Minimum Standard Fire Codes shall be regulated by this Chapter." (Effective January 1, 2001)

CHAPTER 14

SOLAR SYSTEMS

SECTION 1402

INSTALLATION

• Add Section 1402.7 to read as follows:

1402.7 Protection of drains. Drains serving heat transfer fluids over 140° F (60°C) or which are toxic or corrosive shall be protected in accordance with the requirements of the State Minimum Standard Plumbing Code (International Plumbing Code). (Effective January 1, 2001)

• Add Section 1402.8 to read as follows:

1402.8 Warning label. Drains in solar systems where high temperature, high pressure, or hazardous fluids are discharged shall have a warning label. For hazardous fluids, the label shall describe the hazardous properties of the fluid and emergency first aid procedures. Valves regulating such a discharge shall not be readily accessible to unauthorized personnel. (Effective January 1, 2001)

CHAPTER 15REFERENCE STANDARDS

• Revise Chapter 15 to add a new Reference Standard for "ASHRAE 62-1999". (Effective January 1, 2001)

End of Standard Mechanical Code Amendments.

THE GEORGIA STATE MINIMUM STANDARD PLUMBING CODE, 2000 EDITION (INTERNATIONAL PLUMBING CODE)

• The Standard Plumbing Code (International Plumbing Code) 2000 Edition is hereby adopted in its entirety as if quoted verbatim herein.

The following Georgia Amendments to the Standard Plumbing Code (International Plumbing Code) are hereby adopted:

The STANDARD PLUMBING CODE (International Plumbing Code), 2000 Edition, as published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Plumbing Code (International Plumbing Code).

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical, International Building, Fuel Gas, Mechanical, Plumbing or Fire Prevention Codes to the Georgia State Minimum Standard Electrical, Building, Gas, Mechanical, Plumbing or Fire Protection Codes, respectively. The International Codes should be used when referenced issues are not addressed by the Georgia State Minimum Standard Codes.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of ratings of plumbing equipment.

• Revise the Standard Plumbing Code (International Plumbing Code), 2000 Edition, as follows:

REQUIREMENTS FOR BOILER/WATER HEATERS AND PRESSURE VESSELS

(a) The State's Minimum requirements for Boiler/Water Heaters and Pressure Vessels, over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit, or 120 gallons capacity, shall be established by O.C.G.A. Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor. (Effective January 1, 2001)

CHAPTER 1

ADMINISTRATION

• Delete Chapter 1 without substitution. Chapter 1 to remain in Code as a guide for local governments in development of their own Administrative Procedures. (Effective January 1, 2001)

CHAPTER 2

DEFINITIONS

SECTION 202

GENERAL DEFINITIONS

• Revise Section 202 definition of "BRANCH VENT" to read as follows:

BRANCH VENT. A vent connecting one or more individual vents with a vent stack, stack vent or terminating in the open air. (Effective January 1, 2001)

CHAPTER 3

GENERAL REGULATIONS

SECTION 301

GENERAL

• Add Section 301.7 to read as follows:

Section 301.7 System maintenance. Plumbing systems, including fixtures, shall be maintained in sanitary condition and proper working order. (Effective January 1, 2001).

SECTION 303

MATERIALS

• Add Section 303.2.1 to read as follows:

Section 303.2.1 Material and equipment reuse. Materials, equipment, and devices shall not be reused unless such elements have been reconditioned, tested, placed in good and proper working condition, and approved. (Effective January 1, 2001)

SECTION 306

TRENCHING, EXCAVATION AND BACKFILL

• Add Section 306.5 to read as follows:

Section 306.5 Open trenches. All excavations required to be made for the installation of a building sewer, building drainage system, or any part thereof within the walls of a building shall be open trench work and shall be kept open until the piping has been inspected, tested and approved. (Effective January 1, 2001)

SECTION 308

PIPING SUPPORT

• Delete Section 308.6 Sway bracing without substitution. (Effective January 1, 2001)

• Delete Section 308.7 Anchorage without substitution. (Effective January 1, 2001)

SECTION 311

TOILET FACILITIES FOR WORKERS

• Delete Section 311 without substitution. (Effective January 1, 2001)

SECTION 312

TESTS AND INSPECTIONS

• Revise Section 312.5 to read as follows:

312.5 Water supply system test. Upon completion of a section of or the entire water supply system, the system, or portion completed, shall be tested and proved tight under a water pressure test not less than the working pressure of the system, but not to exceed manufacturer's specified test pressures for materials used. The water utilized for tests shall be from a potable source of supply. The required tests shall be performed in accordance with this section.

EXCEPTION: An air test of not less than 50 psi (344 kPa) may be used provided the test medium is from a non-contaminated source. (Effective January 1, 2001)

SECTION 314

CONDENSATE DISPOSAL

• Delete Section 314 without substitution. (Effective January 1, 2001)

CHAPTER 4

FIXTURES, FAUCETS AND FIXTURE FITTINGS

SECTION 403MINIMUM PLUMBING FACILITIES

TABLE 403.1MINIMUM NUMBER OF PLUMBING FACILITIES

• Revise Table 403.1 to delete the requirements for "service sink" without substitution. (Effective January 1, 2001)

SECTION 410

DRINKING FOUNTAINS

• Revise Section 410.1 to read as follows:

Section 410.1 Approval. Drinking fountains shall conform to ASME A112.19.1, A112.19.2, or A112.19.9, and water coolers shall conform to ARI 1010. (Effective January 1, 2001)

CHAPTER 5

WATER HEATERS

SECTION 501GENERAL

• Add Section 501.9 to read as follows:

Section 501.9 Water heaters over 200,000 BTU. The State's Minimum requirements for Boiler/Water Heaters and Pressure Vessels, over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit, or 120 gallons capacity, shall be established by O.C.G.A. Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor. (Effective January 1,2001)

• Add Section 506 to read as follows:

SECTION 506

MINIMUM CAPACITIES FOR RESIDENTIAL WATER HEATERS

506.1 General. Water Heaters installed in residential occupancies shall be sized in accordance with Table 506. Other methods used to heat water shall be sized to meet the total draw and recovery rates as listed in Table 506. (Effective January 1, 2001)

• Add Table 506 to read as follows:

CHAPTER 6

WATER SUPPLY AND DISTRIBUTION

SECTION 603

WATER SERVICE

• Revise Section 603.2 to read as follows:

603.2 Separation of water service and building sewer. Water service pipe and the building sewer shall be separated by 5 feet (1524 mm) of undisturbed or compacted earth.

EXCEPTION: The required separation distance shall not apply when the bottom of the water service pipe within 5 feet (1524 mm) of the building sewer is a minimum of 12 inches (305 mm) above the top of the building sewer and the pipe materials conform to Section 702.2 or 702.3. (Effective January 1, 2001)

SECTION 605MATERIALS, JOINTS AND CONNECTIONS

• Revise Section 605.14.3 to read as follows:

605.14.3 Soldered joints. Solder joints shall be made in accordance with the methods of ASTM B 828. All cut tube ends shall be reamed to the full inside diameter of the tube end. All joint surfaces shall be cleaned. A flux conforming to NSF 61 shall be applied. The joint shall be soldered with a solder conforming to ASTM B 32. The joining of water supply piping shall be made with lead-free solders and fluxes. "Lead-free" shall mean a chemical composition equal to or less than 0.2 percent lead. (Effective January 1, 2001)

• Revise Section 605.15.4 to read as follows:

605.15.4 Soldered joints. Solder joints shall be made in accordance with the methods of ASTM B 828. All cut tube ends shall be reamed to the full inside diameter of the tube end. All joint surfaces shall be cleaned. A flux conforming to NSF 61 shall be applied. The joint shall be soldered with a solder conforming to ASTM B 32. The joining of water supply piping shall be made with lead-free solders and fluxes. "Lead-free" shall mean a chemical composition equal to or less than 0.2 percent lead. (Effective January 1, 2001)

SECTION 606

INSTALLATION OF THE BUILDING WATER

DISTRIBUTION SYSTEM

• Revise Section 606.2 to read as follows:

606.2 Location of shut-off valves. Each individual fixture shall have an accessible shutoff valve at each outlet which will permit each fixture to be shut off without interfering with the water supply to any other fixtures. Shutoff valves for each fixture supplied by a manifold distribution system may be located at the manifold or at the outlet of the fixture being supplied. The hose bibb or hose connection shutoff valve shall be the only shutoff valve required on washing machine connectors.

606.2.1 Shutoff valves to water supply for refrigerators with automatic icemakers shall be accessible on the same floor.

606.2.2 All shutoff valves for individual fixtures shall be on the same floor within 30". (780 mm) of the fixture served except for parallel water distribution system manifolds. (Effective January 1, 2001)

• Delete Section 606.4 Valve identification without substitution and renumber the remaining sections. (Effective January 1, 2001)

SECTION 607

HOT WATER SUPPLY SYSTEM

• Revise Section 607.3.2 to read as follows:

607.3.2 Backflow prevention device or check valve. Where a backflow prevention device, check valve or other device is installed on a water supply system utilizing storage water heating equipment such that thermal expansion causes an increase in pressure, a device for controlling pressure shall be installed. The device shall limit thermal expansion of the water being heated to not more than 80 pounds per square inch (522 kPa) static pressure at any fixture on the system. A potable water expansion tank, or auxiliary relief valve or other approved device that limits pressure to 80 psi or less shall be acceptable. It shall be installed in accordance with manufacturer's instructions. (Effective January 1, 2001)

SECTION 610

DISINFECTION OF POTABLE WATER SYSTEM

• Revise Section 610.1 to read as follows:

610.1 General. New or repaired potable water systems shall be flushed and purged of deleterious matter. The authority having jurisdiction may require disinfection in accordance with a prescribed method. In the absence of a prescribed method, the procedure described in either AWWA C651 or AWWA C652, or as described in this section shall apply. (Remainder of section left unchanged) (Effective January 1, 2001)

CHAPTER 7

SANITARY DRAINAGE

SECTION 701

GENERAL

• Revise Section 701.2 to read as follows:

701.2 Sewer required. Every building in which plumbing fixtures are installed and every premises having drainage piping shall be connected to a public sewer, where available, or an approved private sewage disposal system. (Effective January 1, 2001)

SECTION 703

BUILDING SEWER

• Revise Section 703.2 to read as follows:

703.2 Drainage pipe in filled ground. Where a building sewer or building drain is installed on unstable fill or unstable ground, the drainage pipe shall conform to one of the standards for ABS plastic pipe, cast-iron pipe, copper or copper-alloy tubing, or PVC plastic listed in Table 702.3. (Effective January 1, 2001)

SECTION 705

JOINTS

• Revise Section 705.9.3 to read as follows:

705.9.3 Soldered joints. Solder joints shall be made in accordance with the methods of ASTM B 828. All cut tube ends shall be reamed to the full inside diameter of the tube end. All joint surfaces shall be cleaned. A flux conforming to NSF 61 shall be applied. The joint shall be soldered with a solder conforming to ASTM B 32. (Effective January 1, 2001)

• Revise Section 705.10.3 to read as follows:

705.10.3 Soldered joints. Solder joints shall be made in accordance with the methods of ASTM B 828. All cut tube ends shall be reamed to the full inside diameter of the tube end. All joint surfaces shall be cleaned. A flux conforming to NSF 61 shall be applied. The joint shall be soldered with a solder conforming to ASTM B 32. (Effective January 1, 2001)

SECTION 706

CONNECTIONS BETWEEN DRAINAGE PIPING AND FITTINGS

• Revise Section 706.3 to read as follows:

706.3 Installation of fittings. Fittings shall be installed to guide sewage and waste in the direction of the flow. Change in the direction shall be made by fittings installed in accordance with Table 706.3. Change in direction by combination fittings, side inlets or increasers shall be installed in accordance with Table 706.3 based on the pattern of the flow created by the fitting. Double sanitary tee patterns shall not receive the discharge of back-to-back fixtures or appliances with pressure or pumping action discharge. Water closets shall not be combined with fixtures other than water closets on a double drainage fitting. (Effective January 1, 2001)

SECTION 708

CLEANOUTS

• Revise Section 708.3.1 to read as follows:

708.3.1 Horizontal drains within buildings. Each horizontal drainage pipe shall be provided with a cleanout at the upstream end of the pipe, and shall be provided with cleanouts located not more than 100 feet (30480 mm) apart.

EXCEPTIONS: The following plumbing arrangements are acceptable in lieu of the upstream cleanout:

1. "P" traps connected to the drainage piping with slip joints or ground joint connections.

2. "P" traps into which floor drains, shower drains, or tub drains with removable strainers discharge.

3. "P" traps into which the straight through type waste and overflow discharge with the overflow connecting to the top of the tee.

4. "P" traps into which residential washing machines discharge.

5. Test tees or cleanouts in a vertical pipe above the flood-level rim of the fixtures that the horizontal pipe serves and not more than 4 feet above the finish floor.

6. Cleanout near the junction of the building drain and the building sewer which may be rodded both ways.

7. Water closets for the water closet fixture branch only. (Effective January 1, 2001)

• Delete Section 708.3.4 Base of stack without substitution and do not renumber the remaining sections. (Effective January 1, 2001)

• Revise Section 708.7 to read as follows:

708.7 Minimum size. Cleanouts shall be the same nominal size as the pipe they are connected to up to 4 inches (102 mm). For pipes larger than 4 inches (102 mm) nominal size, the minimum size of the cleanout shall be 4 inches (102 mm). (Effective January 1, 2001)

SECTION 712

SUMPS AND EJECTORS

• Revise Section 712.2 Full open valve required to delete the Exception without substitution. (Effective January 1, 2001)

CHAPTER 9

VENTS

SECTION 904

VENT TERMINALS

• Revise Section 904.1 to read as follows:

904.1 Roof extensions. All open vent pipes that extend through a roof shall terminate at least 6 inches (156 mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. (Effective January 1, 2001)

SECTION 909

WET VENTING

• Add Section 909.4 to read as follows:

909.4 appendix reference. Additional provisions for WET VENTING are contained in Appendix I - Section 909 WET VENTING. These provisions are applicable only when specifically adopted by the local jurisdiction. (Effective January 1, 2001)

SECTION 906

FIXTURE VENTS

• Revise Table 906.1 to read as follows: (Effective January 1, 2001)

SECTION 910

WASTE STACK VENT

• Revise Section 910.2 to read as follows:

910.2 Stack installation. The waste stack shall be vertical. Every fixture drain shall connect separately to the waste stack. The stack shall not receive the discharge of water closets or urinals. (Effective January 1, 2001)

SECTION 911

CIRCUIT VENTING

• Revise Section 911.2 to read as follows:

911.2 Vent connection. The circuit vent connection shall be located between the two most upstream fixture drains. The vent shall connect to the horizontal branch and shall be installed in accordance with Section 905. The circuit vent may receive waste discharge from fixtures located within the same branch interval, provided that the wet portion remains the same size as the horizontal branch. (Effective January 1, 2001)

SECTION 912

COMBINATION DRAIN AND VENT SYSTEM

• Revise Section 912.2.2 to read as follows:

912.2.2 Connection. The combination drain and vent system shall be provided with a dry vent connected to any point within the system or the system shall connect to a horizontal drain that is vented in accordance with one of the venting methods specified in the chapter. Combination drain and vent systems connecting to building drains or waste stacks, shall be provided with a dry vent. The vent connection to the combination drain and vent pipe shall extend vertically a minimum of 6 inches (152mm) above the flood level rim of highest fixture being vented before offsetting horizontally. (Effective January 1, 2001)

• Add Section 912.4 to read as follows:

912.4 Appendix reference. Additional provisions for SAFE WASTE SYSTEM are contained in Appendix H - Section 912 COMBINATION DRAIN AND VENT SYSTEMS. (Effective January 1, 2001)

CHAPTER 10

TRAPS, INTERCEPTORS AND SEPARATORS

SECTION 1002

TRAP REQUIREMENTS

• Revise Section 1002.4 to read as follows:

1002.4 Trap seals. Each fixture trap shall have a liquid seal of not less than 2 inches (51 mm) and not more than 4 inches (102 mm), or deeper for special designs relating to accessible fixtures. Where a trap seal is subject to loss by evaporation, a deep-seal trap consisting of a 4-inch (102 mm) seal or a trap seal primer valve shall be installed. Trap seal primer valves shall be installed on all traps serving floor drains located in public toilet rooms. A trap seal primer valve shall conform to ASSE 1018 or ASSE 1044. (Effective January 1, 2001)

• Delete Section 1002.8 Recess for trap connections without substitution and renumber remaining sections accordingly. (Effective January 1, 2001)

SECTION 1003

INTERCEPTORS AND SEPARATORS

• Delete Section 1003 and substitute the following:

1003.1 Where required. Interceptors or separators shall be provided where, in the opinion of the authority having jurisdiction, they are necessary for the proper handling of wastes containing ingredients harmful to the building drainage system, the public sewer, or sewage treatment plant or processes.

1003.2 Size and type. The size, type and location of each interceptor or separator shall be approved by the authority having jurisdiction.

1003.3 Type of waste. No wastes other than those requiring treatment or separation shall be discharged into any interceptor except as approved by the authority having jurisdiction.

1003.4 Grease interceptors. A grease interceptor shall be installed in the waste line leading from sinks, drains or other fixtures in the following establishments when, in the opinion of the authority having jurisdiction, a hazard exists: restaurants, hotel kitchens or bars, factory cafeterias or restaurants, clubs, or other uses where grease can be introduced into the drainage system in quantities that can affect line stoppage or hinder sewage disposal.

1003.5 Oil separators. An oil separator shall be installed in the drainage system section of the system where, in the opinion of the authority having jurisdiction, a hazard exists or where oils or other flammables can be introduced or admitted into the drainage system by accident or otherwise.

1003.6 Sand interceptors. Sand and similar interceptors for heavy solids shall have a water seal of not less than 2 inches (51 mm).

1003.7 Venting interceptors. Interceptors shall be so designed that they will not become air bound if closed covers are used. Each interceptor shall be properly vented.

1003.8 Accessibility of interceptors. Each interceptor shall be so installed as to provide ready accessibility to the cover and means for servicing and maintaining the interceptor in working and operating condition. The use of ladders or the removal of bulky equipment in order to service interceptors shall constitute a violation of accessibility.

1003.9 Water connection. Water connection for cooling or operating an interceptor shall be such that backflow cannot occur. (Effective January 1, 2001)

• Add Appendix H to read as follows:

APPENDIX H

SECTION 912

COMBINATION DRAIN AND VENT SYSTEM

912.4 SAFE WASTE SYSTEM.

912.4.1 Definitions.

SAFE WASTE SYSTEM - A horizontal waste system composed of a main waste line, branch waste lines, auxiliary vents and a master trap with a fresh air vent. (See Figure 1 and 1A) (Effective January 1, 2001)

912.4.2 Where required. As an alternative to other waste systems required by this code, the waste in establishments listed in 912.4.3 may be collected in a safe waste system. Plans and specifications for each safe waste system shall be submitted to the Plumbing Official and approval shall be obtained before installation is started.

912.4.3 Location. All establishments where food is manufactured, or processed, having floor drains, hub drains, such as restaurants, cafes, snack bars, grocery stores, meat, poultry and fish markets, drugstores, bakeries, dairies, taverns and cocktail lounges, shall collect such floor drains, hub drains, or open site drains into a safe waste system. Other fixtures not specifically prohibited by 912.4.4 may also be collected on the safe waste system.

912.4.4 Limits of use. Each safe waste system shall be limited to one floor. Water closets, urinals, bathtubs, showers, food grinders, disposal units or exterior drain units (such as condensing units drains) will not be permitted on a safe waste system.

912.4.5 Safe waste system. The main waste line for the safe waste system is connected to the sanitary waste system through the master trap. Fixtures should be connected directly or indirectly as described in Chapter 7.

912.4.6 Master trap. The master trap shall not be less than 3 inches in size and shall be located inside the building unless otherwise approved. Provide two cleanouts at the master trap, one on the house side and one in waste line downstream of the master trap weir. The top of the cleanouts shall be flush with the finish floor.

912.4.7 Master trap venting. The master trap shall be vented with two vents. A fresh air vent no less than the trap size shall extend from the house side of the trap to the outside of the building, by either (a) extending through the roof independent of any sanitary vent; (b) extending through the outside wall, 12 inches above the flood rim of any connected fixture and terminating with a perforated or bar grate cover or (c) connecting to a fresh air auxiliary vent. A 2-inch sanitary vent shall extend from the sewer side of the master trap through the roof or connect with a dry sanitary vent, in accordance with Chapter 9.

912.4.8 Auxiliary vent. The auxiliary vent shall be the same size as the master trap and extend from the main waste line through the roof independent of any sanitary vent or may terminate through an outside wall using an acceptable bar grate. When safe waste systems are located on two or more floors of a building, the fresh air and auxiliary vents may be connected together and extend to the outside of the building independent of any sanitary vent.

912.4.9 Waste lines and connections. See Chapter 7 for size and capacity. The main waste line shall be the same size as the master trap. The branch waste lines shall not exceed a maximum length of 48 pipe diameters, also refer to Table 710.1 for the maximum number of fixture units. Nowhere shall the slope of the safe waste system exceed a 1/4-inch per foot. Branch waste lines exceeding 48 pipe diameters in length will require a 2-inch vent to extend through the roof, or be connected into the auxiliary vent. Trap primers are not required for traps on the house side of the master trap.

912.4.10 Walk-in coolers. Walk-in coolers requiring a floor drain inside the cooler shall have an untrapped floor drain type casting with a bar grate strainer, and a ball check back water valve. The waste line from the drain located inside the cooler shall extend to a floor drain located outside the cooler. The outside floor drain shall have a bar grate strainer, flashing ring, when required, with an auxiliary inlet for the waste line from the inside drains connected above the trap.

912.4.11 Poultry, Meat or Fish Markets, or Processing Plants.

912.4.11.1 Establishments which clean, process or market poultry, meat, or fish shall have their waste collected in a safe waste system. An interceptor trap shall be installed for these establishments in lieu of a master trap. Cleanouts and venting shall be as for a master trap.

912.4.11.2 Interceptor traps are described in Chapter 10. Drains from racks and tables must spill onto the floor and the floor shall be graded to the floor drains to catch all refuse from the killing or the cleaning operations. Floor drains shall have removable grate tops. An adequate water supply shall be provided for cleaning floors. All water supply inlets shall be protected with backflow preventers as described in 608. Interceptors shall be a maximum of 24 x 24 inches. (Effective January 1, 2001)

• Add Appendix I to read as follows:

APPENDIX I

909 WET VENTING

• Delete Sections 909.1 through 909.3 and substitute the following:

909.1 General. Water closets, urinals, shower stalls, bath tubs, floor drains and other such floor outlet fixtures may be vented by wet vents provided trap size of fixture entering the wet vent shall be at least one pipe size smaller than the vent. No additional water closets, pedestal urinals, or fixture units greater than the primary fixture will be connected to the vent. Automatic clothes washers shall not discharge into a wet vent system.

909.2 Two-inch wet vent.

909.2.1 One primary fixture connection to a 2-inch waste pipe may be vented by a 2-inch having connected thereto a fixture or fixtures having a total of not more than four fixture units with a total connected load of six fixture units.

909.2.2 One primary fixture connected to a 3-inch soil/waste pipe may be vented by a 2-inch wet vent having connected thereto a fixture or fixtures having a total of not more than four fixture units with a total connected load of eight fixture units.

909.2.3 A sink shall not be installed on a 2-inch wet vent that vents a water closet.

909.3 Two and one-half inch wet vent. One primary fixture connection to a 3-inch soil/waste pipe may be vented by a 2-1/2 inch vent having connected thereto a fixture or fixtures having a total of not more than six fixture units, with a total connected load of 12 fixture units.

909.4 Three-inch wet vent. Two primary fixtures maybe connected to a 3-inch wet vent having connected thereto fixtures having a total of not more than 12 fixture units; having trap sizes not larger than 2 inches; with a total connected load of 24 fixture units.

909.5 Four-inch wet vent. Two primary fixtures connected to a 4-inch double wye or sanitary cross may be vented by a 4-inch wet vent having a total of not more than 20 fixture units; having traps not larger than 3-inch with a total connected load of 32 fixture units.

909.6 Limits. The total drainage fixture units, vertical and horizontal travel distance of wet vents shall be as required in Table 909.6. Travel shall be the distance from the primary waste connection of the wet vent to the furthermost waste connection into the wet vent. (Effective January 1, 2001)

• Add Appendix J to read as follows:

APPENDIX J

GENERAL AMENDMENTS

*** Local Jurisdictions are permitted to adopt specific sections from this Appendix without adopting the entire Appendix. ***

CHAPTER 7

SANITARY DRAINAGE

SECTION 703

BUILDING SEWER

703.6 Minimum size building sewer. No building sewer can be less than 4 inches (104 mm) in size with the exception of a branch, not less than 2 inches (51 mm) in size, serving a detached garage, accessory building or forced lines. (Effective January 1, 2001)

CHAPTER 9

VENTS

SECTION 903

VENT STACKS AND STACK VENTS

903.1 Stack required. Every building in which plumbing is installed shall have at least one stack a minimum of 3 inches (75 mm) diameter except accessory buildings, which shall have at least one stack a minimum of 11/2 inch (37.5 mm) diameter. Such stack shall run undiminished in size and as directly as possible from the building drain through to the open air or to vent header that extends to the open air. (Effective January 1, 2001)

End of Plumbing Code Amendments.

THE GEORGIA STATE MINIMUM

ONE AND TWO FAMILY DWELLING CODE

The CABO ONE AND TWO FAMILY DWELLING CODE, 1995 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard One and Two Family Dwelling Code.

The following Amendments to the One and Two Family Dwelling Code, 1995 Edition, are adopted herein.

THESE AMENDMENTS ARE TO BE USED IN ADDITION TO THOSE AMENDMENTS REVISED JANUARY 1, 2000. WHEN USED TOGETHER, THEY REPRESENT A COMPILATION OF ALL THE AMENDMENTS ADOPTED SINCE THE ENACTMENT OF THE 1995 CABO ONE AND TWO FAMILY DWELLING CODE AND THEREFORE SUPERSEDE ALL PREVIOUSLY PUBLISHED AMENDMENT PACKAGES.

Plumbing (Chapters 29 through 38) is deleted from the CABO One and Two Family Dwelling Code in accordance with Title 8, Chapter 3, Article 1, Part 2 of the Official Code of Georgia Annotated. Also delete Section 307 and Figure 307.2.

Electrical (Chapters 39 through 46) is deleted and substitute for Electrical requirements the Georgia State Minimum Standard Electrical Code (National Electrical Code 1999 Edition).

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Refer to the Georgia State Energy Code for Buildings for efficiency and coefficient of performance ratings for heating and air conditioning equipment.

• Revise the CABO One and Two Family Dwelling Code, 1995 Edition, as follows:

CHAPTER 4

FOUNDATIONS

SECTION 404

FOUNDATIONS WALLS

• Add Section 404.4 and Tables 404.4a through 404.4e to read as follows:

404.4 Insulating concrete form foundation walls. Insulating concrete form (ICF) foundation walls shall be designed and constructed in accordance with the provisions of this section or in accordance with the provisions of ACI 318. When ACI 318 or the provisions of this section are used to design insulating concrete form foundation walls, project drawings, typical details and specifications are not required to bear the seal of the architect or engineer responsible for design.

404.4.1 Applicability limits. The provisions of this section shall apply to the construction of insulating concrete form foundation walls for buildings not greater than 60 feet (18.3 m) in plan dimensions, and floors not greater than 32 feet (9.7 m) or roofs not greater than 40 feet (12 m) in clear span. Buildings shall not exceed two stories in height above-grade with each story not greater than 10 feet (3.0 m) high. Foundation walls constructed in accordance with the provisions of this section shall be limited to buildings subjected to a maximum ground snow load of 70 psf (3.35 kN/m2) and located in Seismic Zones, 0, 1, or 2.

404.4.2 Flat insulating concrete form wall systems. Flat ICF wall systems shall comply with Figure 612.3, shall have a minimum concrete thickness of 5.5 inches (140 mm), and shall have reinforcement in accordance with Tables 404.4a, 404.4b, or 404.4c.

404.4.3 Waffle grid insulating concrete form wall systems. Waffle-grid wall systems shall have a minimum nominal concrete thickness of 6 inches (152 mm) for the horizontal and vertical concrete members (cores) and shall have reinforcement in accordance with Table 404.4d. The minimum core dimension shall comply with Table 612.4b and Figure 612.4

404.4.4 Screen grid insulating concrete form wall systems. Screen-grid ICF wall systems shall have a minimum nominal concrete thickness of 6 inches for the horizontal and vertical concrete members (cores). The minimum core dimensions shall comply with Table 612.4b and Figure 612.5. Walls shall have reinforcement in accordance with Table 404.4e.

404.4.5 Concrete material. Ready-mix concrete for insulating concrete form walls shall be in accordance with Section 402.2. Maximum slump shall not be greater than 6 inches (152 mm) as determined in accordance with ASTM C 143. Maximum aggregate size shall not be larger than 3/4 inch (19 mm).

Exception: Concrete mixes conforming to the ICF manufacturer's recommendations.

404.4.6 Reinforcing steel. 404.4.6.1 Reinforcing steel shall meet the requirements of ASTM A 615, A 616, A 617, or A 706. The minimum yield strength of reinforcing steel shall be 40,000 psi (Grade 40) (276 Mpa). Vertical and horizontal wall reinforcements shall be placed no closer to the outside face of the wall than one-half the wall thickness. Steel reinforcement for foundation walls shall have concrete cover in accordance with ACI 318.

Exception: Where insulated concrete forms are used and the form remains in place as cover for concrete, the minimum concrete cover for the reinforcing steel is permitted to be reduced to 3/4 inches (19 mm).

404.4.6.2 When vertical reinforcement is required, ICF foundation walls shall have horizontal reinforcement in accordance with this section. ICF Foundation walls up to 8 feet (24 m) in height shall have a minimum of one continuous #4 horizontal reinforcing bar placed at 48 inches (1.2 m) on center with one bar located within 12 inches (305 mm) of the top of the wall story. ICF Foundation walls greater than 8 feet (24 m) in height shall have a minimum of one continuous #4 horizontal reinforcing bar placed at 36 inches (914 mm) on center with one bar located within 12 inches (305 mm) of the top of the wall story.

404.4.6.3 Vertical wall reinforcement required by 404.4.2, 404.4.3 or 404.4.4 that is interrupted by wall openings shall have additional vertical reinforcement of the same size placed within 12 inches (305 mm) of each side of the opening.

404.4.7 Foam plastic insulation.

404.4.7.1 Material. Insulating concrete form material shall meet the surface burning characteristics of Section 317.1.1. A thermal barrier shall be provided in accordance with Section 317.1.2.

404.4.7.2 Termite Hazards. In areas where hazard of termite damage is very heavy in accordance with Figure 301.2f, foam plastic insulation shall be permitted below grade on foundation walls in accordance with Section 323.1.1.

404.4.8 Foundation wall thickness based on walls supported. The thickness of ICF foundation walls shall not be less than the thickness of the wall supported above.

404.4.9 Height above finished ground. ICF foundation walls shall extend above the finished ground adjacent to the foundation at all points a minimum of 4 inches (102 mm) where masonry veneer is used and a minimum of 6 inches (152 mm) elsewhere.

404.4.10 Placement of backfill. Backfill shall be placed in accordance with 404.1.3.1.

404.4.11 Drainage and dampproofing/waterproofing. ICF foundation basements shall be drained and dampproofed/waterproofed in accordance with Section 405 and Section 406. (Effective January 1, 2001)

or SI: 1 inch = 25.4 mm, 1 psf = 0.0479 kN/m2, 1 foot = 0.3 m.

1 Deflection criteria: L/240.

2 Interpolation between rebar sizes and spacing is not permitted.

3 Unbalanced backfill height is the difference in height of the exterior and interior finished ground. Where an interior concrete slab is provided, the unbalanced backfill height shall be measured from the exterior finished ground level to the top of the interior concrete slab.

4 Soil classes are in accordance with the Unified Soil Classification System. Refer to Table 405.1.

For SI: 1 inch = 25.4 mm, 1 psf = 0.0479 kN/m2, 1 foot = 0.3 m.

1 N/R indicates no vertical reinforcement is required.

2 Deflection criteria: L/240.

3 Interpolation between rebar sizes and spacing is not permitted.

4 Unbalanced backfill height is the difference in height of the exterior and interior finished ground. Where an interior concrete slab is provided, the unbalanced backfill height shall be measured from the exterior finished ground level to the top of the interior concrete slab.

5 Soil classes are in accordance with the Unified Soil Classification System. Refer to Table 405.1.

For SI: 1 inch = 25.4 mm, 1 psf = 0.0479 kN/m2, 1 foot = 0.3 m.

1 N/R indicates no vertical reinforcement is required.

2 Deflection criteria: L/240.

3 Interpolation between rebar sizes and spacing is not permitted.

4 Unbalanced backfill height is the difference in height of the exterior and interior finished ground. Where an interior concrete slab is provided, the unbalanced backfill height shall be measured from the exterior finished ground level to the top of the interior concrete slab.

5 Soil classes are in accordance with the Unified Soil Classification System. Refer to Table 405.1.

For SI: 1 inch = 25.4 mm, 1 psf = 0.0479 kN/m2, 1 foot = 0.3 m.

1 N/R indicates no vertical reinforcement is required.

2 Deflection criteria: L/240.

3 Interpolation between rebar sizes and spacing is not permitted.

4 Refer to Table 612.4b for wall dimensions.

5 Unbalanced backfill height is the difference in height of the exterior and interior finished ground. Where an interior concrete slab is provided, the unbalanced backfill height shall be measured from the exterior finished ground level to the top of the interior concrete slab.

6 Soil classes are in accordance with the Unified Soil Classification System. Refer to Table 405.1.

For SI: 1 inch = 25.4 mm, 1 psf = 0.0479 kN/m2, 1 foot = 0.3 m.

1 N/R indicates no vertical reinforcement is required.

2 Deflection criteria: L/240.

3 Interpolation between rebar sizes and spacing is not permitted.

4 Refer to Table 612.4b for wall dimensions.

5 Unbalanced backfill height is the difference in height of the exterior and interior finished ground. Where an interior concrete slab is provided, the unbalanced backfill height shall be measured from the exterior finished ground level to the top of the interior concrete slab.

6 Soil classes are in accordance with the Unified Soil Classification System. Refer to Table 405.1.

• Add new Section 612 to read as follows:

SECTION 612

INSULATING CONCRETE FORM WALL CONSTRUCTION

612.1 General. Insulating concrete form (ICF) walls shall be designed and constructed in accordance with the provisions of this section or in accordance with the provisions of ACI 318. When ACI 318, or the provisions of this section are used to design insulating concrete form walls, project drawings, typical details and specifications are not required to bear the seal of the architect or engineer responsible for design.

612.2 Applicability limits. The provisions of this section shall apply to the construction of insulating concrete form walls for buildings not greater than 60 feet (18.3 m) in plan dimensions, and floors not greater than 32 feet (9.7 m) or roofs not greater than 40 feet (12 m) in clear span. Buildings shall not exceed two stories in height above-grade with each story not greater than 10 feet (3.0 m) high. Walls constructed in accordance with the provisions of this section shall be limited to buildings subjected to a maximum design wind speed of 110 mph (145 km/hr), a maximum ground snow load of 70 psf (3.35 kN/m2), and Seismic Zones 0, 1, and 2.

612.3 Flat insulating concrete form wall systems. Flat ICF wall systems shall comply with Figure 612.3 and shall have reinforcement in accordance with Table 612.3 and Section 612.7.

For SI: 1 foot = 0.3048 m; 1 inch = 25.4 mm; 1 mph = 1.6093 km/hr

1 N/R indicates no vertical wall reinforcement is required.

2 Deflection criterion is L/240, where . is the height of the wall story in inches.

3 Interpolation shall not be permitted.

4 See 612.7.1.5 for additional reinforcement requirements in Seismic Zone 2.

5 A 3.5 inch (89 mm) wall is not permitted if wood ledgers are to be used to support the second floor or roof loads. See 612.8.

612.4 Waffle-grid insulating concrete form wall systems. Waffle-grid wall systems shall comply with Figure 612.4 and shall have reinforcement in accordance with Table 612.4a and Section 612.7. The minimum core dimensions shall comply with Table 612.4b.

612.5 Screen-grid insulating concrete form wall systems. Screen-grid ICF wall systems shall comply with Figure 612.5 and shall have reinforcement in accordance with Table 612.5 and Section 612.7. The minimum core dimensions shall comply with Table 612.4b.

For SI: 1 foot = 0.3048 m; 1 inch = 25.4 mm; 1 mph = 1.6093 km/hr

1 N/R indicates no vertical wall reinforcement is required.

2 Deflection criterion is L/240, where . is the height of the wall story in inches.

3 Interpolation shall not be permitted.

4 See 612.7.1.5 for additional reinforcement requirements in Seismic Zone 2.

5 Nominal thickness is given; refer to Table 612.4b for actual concrete wall thickness.

For SI: 1 inch = 25.4 mm

1 For width "W", thickness "T", spacing, and web thickness, refer to Figures 612.4 and 612.5.

2 N/A indicates not applicable.

For SI: 1 foot = 0.3048 m; 1 inch = 25.4 mm; 1 mph = 1.6093 km/hr

1 N/R indicates no vertical wall reinforcement is required.

2 Deflection criterion is L/240, where . is the height of the wall story in inches.

3 Interpolation shall not be permitted.

4 See 612.7.1.5 for additional reinforcement requirements in Seismic Zone 2.

5 Nominal thickness is given; refer to Table 612.4b for actual concrete wall thickness.

612.6 Material. Insulating concrete form wall materials shall comply with this section.

612.6.1 Concrete material. Ready-mixed concrete for insulating concrete form walls shall be in accordance with Section 402.2. Maximum slump shall not be greater than 6 inches (152 mm) as determined in accordance with ASTM C 143. Maximum aggregate size shall not be larger than 3/4 inch (19 mm).

Exception: Concrete mixes conforming to the ICF manufacturer's recommendations.

1. Reinforcing Steel. Reinforcing steel shall meet the requirements of ASTM A 615, A 616, A 617, or A 706. The minimum yield strength of reinforcing steel shall be 40,000 psi (Grade 40) (276 MPa).

2. Insulation materials. Insulating concrete forms material shall meet the surface burning characteristics of Section 317.1.1. A thermal barrier shall be provided in accordance with Section 317.1.2.

3. Wall construction. Insulating concrete form walls shall be constructed in accordance with the provisions of this section and Figure 612.7a.

612.7.1 Reinforcement.

612.7.1.1. Location. Vertical and horizontal wall reinforcements shall be placed within the middle third of the wall. Steel reinforcements shall have a minimum concrete cover in accordance with ACI 318.

Exception: Where insulated concrete forms are used and the form remains in place as cover for the concrete, the minimum concrete cover for the reinforcing steel is permitted to be reduced to 3/4 inches.

612.7.1.2 Vertical steel. Above-grade concrete walls shall have reinforcement in accordance with Sections 612.3, 612.4, or 612.5 and 612.7.2. All vertical reinforcement in the top-most ICF story shall terminate with a bend or a standard hook and be provided with minimum lap splice of 24 inches (610 mm) with the top horizontal reinforcement.

612.7.1.3 Horizontal steel. Concrete walls with minimum thickness of 4 inches (102 mm) shall have a minimum of one continuous #4 horizontal reinforcing bar placed at 32 inches (812 mm) on center with one bar within 12 inches (305 mm) of the top of the wall story. Concrete wall 5.5 inches (140 mm) thick or greater shall have a minimum of one continuous #4 horizontal reinforcing bar placed at 48 inches (1.2 m) on center with one bar located within 12 inches (305 mm) of the top of the wall story. Horizontal reinforcement shall be continuous around building corners using corner bars or by bending the bars. In either case, the minimum lap splice shall be 24 inches (610 mm).

612.7.1.4 Lap splices. Where lap splicing of reinforcing steel is necessary, the lap splice shall be a minimum of 40db, where db is the diameter of the smaller bar. The maximum distance between non-contact bars at a lap splice shall not exceed 8db.

612.7.1.5 Dwellings in Seismic Zone 2. Dwellings in Seismic Zone 2 shall have horizontal and vertical reinforcement in accordance with the following:

1. Vertical reinforcement consisting of at least one #4 reinforcing bar, extending continuously from support to support, shall be provided at each corner, at each side of each opening, and at the ends of walls.

2. Horizontal reinforcement consisting of at least one #4 reinforcing bar, continuously at structurally connected roof and floor levels and at the top of the wall, at the bottom of load-bearing walls or in the top of foundations where doweled to the wall and at a maximum spacing of 10 ft. (3.05 m).

Vertical reinforcement provided in accordance with 612.7.1.2 and 612.7.2, and horizontal reinforcement provided in accordance with 612.7.1.3 and 612.7.3., and shall be permitted to be used to meet the requirements of this section.

612.7.2 Wall openings. Wall openings shall have a minimum of 8 inches (203 mm) of depth of concrete above the opening for flat and waffle-grid ICF walls and 12 inches (305 mm) for screen-grid walls over the length of the opening. Reinforcement around openings shall be provided in accordance with Table 612.7a and Figure 612.7b. All reinforcement placed horizontally above or below an opening shall extend a minimum of 24 inches (610 mm) beyond the limits of the opening. Wall opening reinforcement shall be provided in addition to the reinforcement required by 612.3, 612.4, 612.5 and 612.7.1. The perimeter of all wall openings shall be framed with a minimum of 2 x 4 plate (50.8 mm x 101.6 mm), anchored to the wall with 1/2 inch (12.7 mm) diameter anchor bolts spaced a maximum of 24 inches (610 mm) on center. The bolts shall be embedded into the concrete a minimum of 4 inches (101.6 mm) and have a minimum of 1-1/2 inches (38.1 mm) of concrete cover to the face of the wall.

Exception: The 2 x 4 (50.8 mm x 101.6 mm) plate is not required where the wall is formed to provide solid concrete around the perimeter of the opening with a minimum depth of 4 inches (101.6 mm) for the full thickness of the wall.

For SI: 1 inch = 25.4 mm; 1 psf = 0.0479 kN/m2, 1 ft = 0.3 m

1 Deflection criteria: L/240.

2 Design load assumptions:

Floor dead load is 10 psf (0.48 kN/m2) Attic live load is 20 psf (0.96 kN/m2)

Floor live load is 30 psf (1.44 kN/m2) Roof dead load is 15 psf (0.72 kN/m2)

Building width is 32 feet (9.75 m) ICF wall dead load is 69 psf (3.31 kN/m2)

Light-framed wall dead load is 10 psf (0.48 kN/m2)

3 #3 stirrups are required at d/2 spacing, where d = lintel depth minus 2 inch (51 mm) cover.

4 Interpolation is permitted between ground snow loads and between lintel depths.

For SI: 1 inch = 25.4 mm; 1 psf = 0.0479 kN/m2, 1 ft = 0.3 m

1 Deflection criteria: L/240.

2 Design load assumptions:

Floor dead load is 10 psf (0.48 kN/m2) Attic live load is 20 psf (0.96 kN/m2)

Floor live load is 30 psf (1.44 kN/m2) Roof dead load is 15 psf (0.72 kN/m2)

Building width is 32 feet (9.75 m) ICF wall dead load is 69 psf (3.31 kN/m2)

Light-framed wall dead load is 10 psf (0.48 kN/m2)

3 #3 stirrups are required at d/2 spacing, where d = lintel depth minus 2 inch (51 mm) cover.

4 Interpolation is permitted between ground snow loads and between lintel depths.

For SI: 1 inch = 25.4 mm; 1 psf = 0.0479 kN/m2, 1 ft = 0.3 m

1 Deflection criteria: L/240.

2 Design load assumptions:

Floor dead load is 10 psf (0.48 kN/m2) Attic live load is 20 psf (0.96 kN/m2)

Floor live load is 30 psf (1.44 kN/m2) Roof dead load is 15 psf (0.72 kN/m2)

Building width is 32 feet (9.75 m) ICF wall dead load is 69 psf (3.31 kN/m2)

Light-framed wall dead load is 10 psf (0.48 kN/m2)

3 #3 stirrups are required at d/2 spacing, where d = lintel depth minus 2 inch (51 mm) cover.

4 Interpolation is permitted between ground snow loads and between lintel depths.

5 For actual wall lintel width, refer to Table 612.4b.

6 Lintel width corresponds to the nominal waffle-grid ICF wall thickness with a minimum web thickness of 2 inches (51 mm).

For SI: 1 inch = 25.4 mm; 1 psf = 0.0479 kN/m2, 1 ft = 0.3 m

1 Deflection criteria: L/240.

2 Design load assumptions:

Floor dead load is 10 psf (0.48 kN/m2) Attic live load is 20 psf (0.96 kN/m2)

Floor live load is 30 psf (1.44 kN/m2) Roof dead load is 15 psf (0.72 kN/m2)

Building width is 32 feet (9.75 m) ICF wall dead load is 69 psf (3.31 kN/m2)

Light-framed wall dead load is 10 psf (0.48 kN/m2)

3 #3 stirrups are required at d/2 spacing, where d = lintel depth minus 2 inch (51 mm) cover.

4 Interpolation is permitted between ground snow loads and between lintel depths.

5 For actual wall lintel width, refer to Table 612.4b.

6 Lintel width corresponds to the nominal waffle-grid ICF wall thickness with a minimum web thickness of 2 inches (51 mm).

For SI: 1 inch = 25.4 mm; 1 psf = 0.0479 kN/m2, 1 ft = 0.3 m

1 D/R indicates design is required.

2 Deflection criterion is L/240, where . is the clear span of the lintel in inches.

3 Interpolation is permitted between ground snow loads and between lintel depths.

4 No. 3 stirrups are required at a maximum d/2 spacing for spans greater than 4 feet (1.2 m).

5 Actual thickness is shown for flat lintels while nominal thickness is given for waffle-grid lintels. Lintel thickness corresponds to the nominal waffle-grid ICF wall thickness with a minimum web thickness of 2 inches (51 mm). Refer to Table 612.4b for actual wall lintel width.

6 ICF wall dead load is maximum 55 psf (2.6 kPa).

For SI: 1 foot = 0.3048 m; 1 inch = 25.4 mm; 1 psf = 47.8804 Pa

1 Deflection criterion is L/240, where . is the clear span of the lintel in inches.

2 Linear interpolation is permitted between lintel depths.

3 No. 3 stirrups are required at a maximum d/2 spacing for spans greater than 4 feet (1.2 m).

4 ICF wall dead load is maximum 69 psf (3.3 kPa).

For SI: 1 inch = 25.4 mm; 1 MPH = 1.6093 km/hr

1 Linear interpolation between roof slopes shall be permitted.

2 Minimum percentages are applicable for maximum 10-foot (3.0 m) wall story heights.

3 N/A indicates not applicable.

4 Actual thickness is shown for flat walls while nominal thickness is given for waffle- and screen-grid walls. Refer to Table 612.4b for actual waffle- and screen-grid thickness and dimensions.

5 The minimum solid wall length requirements are based on a 2:1 building aspect ratio, L/W, where L is the length parallel to the ridge of the roof and W is the length perpendicular to the ridge of the roof. For a different ratio the tabular values may be adjusted by the following multipliers provided the minimum wall lengths in 612.7.4 are met. Interpolation is permitted.

L/W

Endwall

W Sidewall

2.0

1.00

0.25

1.8

0.90

0.30

1.6

0.80

0.35

1.4

0.70

0.40

1.2

0.60

0.45

1.0

0.50

0.50

For SI: 1 inch = 25.4 mm; 1 mph = 1.6093 km/hr

1 Minimum percentages are for maximum 10-foot (3.0 m) wall story height.

2 Actual thickness is shown for flat walls while nominal thickness is given for waffle-grid and screen-grid walls. Refer to Table 612.4b for actual waffle-grid and screen-grid thickness and dimension.

612.7.3 Lintels.

612.7.3.1 General requirements. Lintels shall be provided over all openings greater than or equal to four feet (1.2 m) in width. Lintels for flat ICF walls and screen-grid ICF walls shall be constructed in accordance with Figure 612.7c. Lintels for waffle-grid ICF walls shall be constructed in accordance with Figures 612.7d or 612.7e. Lintel depths are permitted to be increased by the height of ICF wall located directly above the lintels, provided that the lintel depth spans the entire length of the opening.

612.7.3.2 Stirrups. A minimum of #3 stirrups shall be installed for all flat and screen-grid wall lintels at a maximum spacing of d/2 where d equals the depth of the lintel (D) minus the bottom cover of concrete as shown in Figures 607c, 607d or 607e. A minimum of two #3 stirrups shall be placed in each vertical core of waffle-grid lintels.

612.7.3.3 Horizontal reinforcement. One #4 horizontal bar shall be provided in the top of the lintel. Horizontal reinforcement placed within 12 inches (304.8 mm) of the top of the wall in accordance with Section 612.7.1.3 shall be permitted to serve as the top or bottom reinforcement in the lintel provided the reinforcement meets the location requirements in Figures 612.7b, 612.7c, 612.7d, or 612.7e, and the size requirements in Tables 612.7b, 612.7c, 612.7d, 612.7e, 612.7f, or 612.7g.

612.7.3.4 Loadbearing walls: Lintels for flat and screen-grid ICF walls supporting roof or floor loads shall comply with Tables 612.7b or 612.7c. Lintels or waffle-grid ICF walls supporting roof or floor loads shall comply with Tables 612.7d, 612.7e.

Exception: Where spans larger than those permitted in Tables 612.7b, 612.7c, 612.7d or 612.7e are required, the lintels shall comply with Table 612.7f.

612.7.3.5 Non-loadbearing walls: Lintels for non-loadbearing walls for flat, waffle-grid and screen-grid ICF walls shall comply with Table 612.7g.

612.7.4 Minimum length of wall without openings. Exterior ICF walls shall have a minimum of solid wall length to total wall length in accordance with Table 612.7.h, but not less than 15 percent for ICF walls supporting a light framed roof or 20 percent for ICF walls supporting an ICF or light framed second story and light framed roof. For attached dwellings in Seismic Zone 2, the minimum percentage of solid wall length shall be equal to or greater than the requirements in Table 612.7j. The minimum percentage of solid wall length shall include only those solid wall segments that are a mini- mum of 24 inches (610 mm) in length. The maximum distance between wall segments to be included in determining solid wall length shall not exceed 18 feet (5.5 m). A minimum length of 24 inches (610 mm) of solid wall segment, extending the full height of each wall story, shall occur at all corners of exterior walls.

612.8 ICF Wall to floor connections.

612.8.1 Top Bearing. Floors bearing on the top of ICF foundation walls in accordance with Figure 612.8a shall have the wood sill plate anchored to the ICF wall with a minimum 1/2-inch (12.7 mm) diameter bolts embedded a minumum of 7 inches (178 mm) and placed at a maximum spacing of 6 feet (1.8 m) on center and not more than 12-inches (305 mm) from corners. Anchor bolts for wafflegrid and screen-grid walls shall be located in the cores. In conditions where wind speeds are in excess of 90 mph (144 km/hr) the 1/2 inch (12.7 mm) diameter anchor bolts shall be placed at a maximum spacing of 4 feet (1.2 m) on center. Bolts shall extend a minimum of 7 inches (178 mm) into concrete. Sill plates shall be protected against decay where required by Section 322.

612.8.2 Ledger bearing. Wood ledger boards supporting bearing ends of joists or trusses shall be anchored to flat ICF walls with minimum thickness of 5.5 inches (140 mm) and to waffle- or screengrid ICF walls with minimum nominal thickness of 6 inches (152 mm) in accordance with Figure 612.8b, 612.8c, 612.8d or 612.8e and Table 612.8. The ledger shall be a minimum 2 x 8 (50.8 mm x 203.2 mm) No. 2 Southern Pine or No. 2 Douglas Fir. Ledgers anchored to non-load bearing walls to support floor or roof sheathing shall be attached with 1/2 inch (12.7 mm) diameter L or headed anchor bolts spaced a maximum of 6 feet (1.83 m) on center. Anchor bolts shall be embedded a minimum of 4 inches (101.6 mm) into the concrete.

For SI: 1 foot = 0.3048 m; 1 inch = 25.4 mm

1 Minimum ledger board nominal depth shall be 8 inches (203 mm). The thickness of the ledger board shall be a minimum of 2 inches (51 mm). Thickness of ledger board is in nominal lumber dimensions. Ledger board shall be a minimum No. 2 Grade.

2 Minimum edge distance shall be 2 inches (51 mm) for 1/2 inch (13 mm) diameter anchor bolts and 2.5 inches (64 mm) for 5/8 inch (16 mm) diameter anchor bolts.

3 Interpolation is permitted between floor spans.

4 Floor span corresponds to the clear span of the floor structure (i.e., joists or trusses) spanning between loadbearing walls or beams.

5 Anchor bolts shall extend through the ledger to the center of the flat ICF wall thickness or the center of the horizontal or vertical core thickness of the waffle-grid or screen-grid ICF wall system.

6 Minimum vertical distance between bolts shall be 1.5 inches (38 mm) for 1/2 inch (13 mm) diameter anchor bolts and 2 inches (51 mm) for 5/8 inch (16 mm) diameter anchor bolts.

612.9 ICF wall to top sill plate (roof) connections. Wood sill plates attaching roof framing to ICF walls shall be anchored with a minimum 1/2 inches (12.7 mm) diameter anchor bolts embedded a minimum of 7 inches (178 mm) and placed at 6 feet (1.8 m) on center in accordance with Figure 612.9. Anchor bolts shall be located in the cores of waffle-grid and screen-grid ICF walls. Roof assemblies subject to wind uplift pressure of 30 pounds per square foot (1.44 kN/m2) or greater; as established in Table 301.2d shall have rafter or truss ties provided in accordance with Table 802.11. (Effective January 1, 2001).

End of CABO 1 & 2 Family Dwelling Code Amendments.

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of 2000 Standard Plumbing, Mechanical and Gas Codes with Georgia Amendments and CABO Amendments Effective January 1, 2001" adopted. F. Oct. 5, 2000; eff. Jan. 1, 2001, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.11 Adoption of the 2000 CABO One and Two Family Dwelling Code with Georgia Amendments, the 2000 Standard Building Code with Georgia Amendments and the 2000 Standard Fire Prevention Code with Georgia Amendments and Georgia Amendments to the 2000 Standard Plumbing Code and 2000 Standard Gas Code, Effective January 1, 2002

The Board of Community Affairs hereby adopts the following code editions and amendments as the Georgia State Minimum Standard Codes for Construction:

ONE AND TWO FAMILY DWELLING CODE

(International Residential Code for One and Two Family Dwellings)

The CABO ONE AND TWO FAMILY DWELLING CODE (International Residential Code for One and Two Family Dwellings), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard One and Two Family Dwelling Code.

Plumbing (Chapters 25 through 32) are deleted from the CABO One and Two Family Dwelling Code in accordance with Title 8, Chapter 2, Article 1, Part 2 of the Official Code of Georgia Annotated.

Electrical (Chapter 33 through 42) are deleted and substituted for Electrical requirments the Georgia State Minimum Standard Electrical Code (National Electrical Code 1999 Edition).

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

Code Reference:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard National Electrical Code.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of ratings for heating and air conditioning equipment.

Scope

The provisions of the CABO One and Two Family Dwelling Code (International Residential Code for One and Two Family Dwellings) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with a separate means of egress and their accessory structures.

GEORGIA STATE MINIMUM REQUIREMENTS FOR BOILER/WATER HEATERS AND PRESSURE VESSELS

(a) The State's Minimum requirements for Boiler/Water Heaters and Pressure Vessels, over 200,000 BTU (58.56kW), 210 degrees Fahrenheit, or 120 gallons capacity, shall be established by O.C.G.A. Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor. (Effective January 1, 2002).

*Revise the CABO One and Two Family Dwelling Code (International Residential Code for One and Two Family Dwellings), 2000 Edition, as follows:

CHAPTER 1

ADMINISTRATION

• Delete Chapter 1 without substitution. Chapter 1 to remain in the Code as a reference and guide for local governments in development of their own Administrative Procedures. (Effective January 1, 2002)

CHAPTER 2

DEFINITIONS

• Revise Section R202 by adding the following definitions:

Absorption System. A refrigerating system in which refrigerant is pressurized by pumping a chemical solution of refrigerant in absorbent, and then separated by the addition of heat in a generator, condensed (to reject heat), expanded, evaporated (to provide refriger- ation), and reabsorbed in an absorber to repeat the cycle; the system may be single or multiple effect, the latter using multiple stages or intentionally cascaded use of heat to improve efficiency. (Effective January 1, 2002)

Basement. A basement shall not be considered as a story if the finished surface of the floor above the basement is:

• Less than 6 feet (1829 mm) above grade plane; or

• Less than 6 feet (1829 mm) above the finished ground level for more than 50 percent of the building perimeter; and

• Is less than 12 feet (3658 mm) above finished ground level around the entire building perimeter. (Effective January 1, 2002)

Exterior Insulation and Finish Systems (EIFS). Exterior Insulation and Finish Systems are non-load bearing exterior wall cladding systems generally consisting of an insulation board, an adhesive and/or mechanical attachment of the insulation board to the substrate, glass fiber reinforcing mesh, a base coat on the face of the insulation board and an aggregated polymer binder based finish coat. (Effective January 1, 2002)

Story Above Grade. Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade when the finished surface of the floor above the basement is:

• More than 6 feet (1829 mm) above grade plane;

• More than 6 feet (1829 mm) above the finished ground level for more than 50 percent of the total building perimeter; or

• More than 12 feet (3658 mm) above the finished ground level at any point. (Effective January 1, 2002)

Ventilating Area, Net Free (NFVA). The Net Free Ventilating Area (NFVA) of a static ventilating device is the sum of the smallest cross-sectional areas of airways in the device. (Effective January 1, 2002)

CHAPTER 3

BUILDING PLANNING

SECTION R303

LIGHTING, VENTILATION AND HEATING

• Add exception to Section R303.4 and renumber existing and new exceptions to 1 & 2 respectively:

Section R303.4 Stairway Illumination.

Exceptions:

1. An artificial light source is not required at the top and bottom landing, provided an artificial light source is located directly over each stairway section.

2. All stairways which are not required by Section 310 as part of an emergency exit will not be required to be illuminated by artificial light. (Effective January 1, 2002)

SECTION R309

GARAGES AND CARPORTS

• Add exception to Section R309.2 to read as follows:

Section R309.2 Separation required.

Exception:

In garages protected by an automatic sprinkler system installed in accordance with NFPA 13D, a separation is not required. (Effective January 1, 2002)

SECTION R314

STAIRWAYS

• Revise Section R314.2 to read as follows and add exception:

R314.2 Treads and risers. The maximum riser height shall be 73/4 inches (196 mm) and the minimum tread depth shall be 9 inches (229 mm). (Remainder of section left unchanged.)

Exception.

The first and the last riser may vary by an amount no greater than 3/4 inch (19 mm) from the other risers in the flight of stairs. (Effective January 1, 2002)

• Delete Section R314.2.1 and substitute the following:

R314.2.1 Profile. The radius of curvature, if any, at the leading edge of the tread shall be no greater than 9/16 inch (14.3 mm). A nosing projection of not less than 3/4 inch (19 mm) but not more than 11/2 inches (38 mm) shall be provided on treads with solid risers. Beveling of nosing shall not exceed 1/2 (12.7 mm). Risers shall be vertical or sloped from the underside of the leading edge of the tread above at an angle not more than 30 degrees from the vertical.

Exception.

A nosing is not required where the tread depth is a minimum of 11 inches (279 mm). (Effective January 1, 2002)

SECTION R315

HANDRAILS

• Delete Section R315.1 and substitute the following:

R315.1 Handrails. Handrails having minimum and maximum heights of 30 inches and 38 inches (762 mm and 965 mm), respectively, measured vertically from the nosing of the treads, shall be provided on at least one side of stairways of 30 inches (762 mm) or more in height. Spiral stairways and winders shall have the required handrails located on the outside radius. All required handrails shall be continuous the full length of the stairs excluding the landings. Ends shall be returned or shall terminate in newel posts or safety terminals. Handrails projecting from a wall shall have a space not less than 11/2 inches (38 mm) between the wall and the handrail.

Exception:

1. Handrails shall be permitted to be interrupted by a newel post at a turn.

2. The use of a volute, turnout or starting easing shall be allowed over the lowest tread.

3. Handrails may be interrupted within the width of a tread where the wall configuration changes. (Effective January 1, 2002)

• Delete Section R315.2 and substitute the following:

R315.2 Handrail grip size. Handrails shall have either a circular cross section with a diameter of 11/4 (32 mm) to 2 inches (51 mm), or a noncircular cross section with a perimeter dimension of at least 4 inches (102 mm) but not more than 61/4 (159 mm) and a largest cross section dimension not exceeding 23/4 inches (69.9 mm). Edges shall have a minimum radius of 1/8 inch (3.2 mm). (Effective January 1, 2002)

SECTION R317

SMOKE ALARMS

The State's minimum requirements for smoke detection systems shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Georgia State Minimum Standard One and Two Family Dwelling Code or the Georgia State Minimum Standard Fire Prevention Code shall be used as a supplement.

Exception: State's minimum requirements for smoke detectors in One and Two Family Dwellings shall be established by O.C.G.A. Title 25, Chapter 2.

• Delete Section R317.1 and substitute the following:

R317.1 Smoke detectors required. Smoke detectors shall be installed outside of each sleeping area in the immediate vicinity of the bedrooms, but in no case more than 10 feet away from the door, and on each additional story of the dwelling, including basements and cellars but not including crawlspaces and uninhabitable attics. In dwellings with split levels, a smoke detector needs to be installed only in the upper level, provided the lower level is less than one full story below the upper level, except that if there is a door between levels, then a smoke detector is required on each level. All detectors shall provide an alarm which is audible in all sleeping areas. All detectors shall be approved and listed and installed in accordance with the manufacturer's instructions. (Effective January 1, 2002)

SECTION R321

DWELLING UNIT SEPARATION

• Revise Section R321.1 by adding an exception and numbering exceptions as 1 & 2 to read as follows:

R321.1 Two-family dwellings.

#2. Two family dwellings that qualify for independent electrical (separate) services shall be separated with a minimum two-hour fire rated assembly. (Effective January 1, 2002)

SECTION R322

MOISTURE VAPOR RETARDERS

• Delete Section 322.1 and substitute the following:

R322.1 Retarder required. In all frame walls, and floors, and ceilings, not ventilated to allow moisture to escape, an approved vapor retarder having a maximum perm rating of 1.0, when tested in accordance with Procedure for Desiccant of Method ASTM E 96 shall be used on the warm-in-winter side of the thermal insulation. The moisture vapor retarders shall also comply with the Georgia State Energy Code for Buildings.

Exceptions: In construction where moisture or its freezing will not damage the materials. (Effective January 1, 2002)

SECTION R324

PROTECTION AGAINST TERMITES

• Revise Section R324.1 by adding the sentence at the end of section to read as follows:

R 324.1 Subterranean termite control. . . .any combination of these methods. Clearance between exterior wall cladding, except masonry veneer, shall be at least 6 inches (152 mm) and a 2 inch (51 mm) clear inspections space above paved areas must be visible below cladding down to the final grade of the top of the soil which is immediately adjacent to the structure. (Effective January 1, 2002)

• Add new Section R324.5 to read as follows:

R324.5 Removal of debris. Cells and cavities in masonry units of foundation and basement walls shall be cleaned of all trash, debris, wood scraps, and other extraneous content before concrete placement. (Effective January 1, 2002)

CHAPTER 4

FOUNDATIONS

SECTION 403

FOOTINGS

• Revise Figure R403.1(1) Concrete and Masonry Foundation Details.

(Effective January 1, 2002)

SECTION R404

FOUNDATION WALLS

• Add exception to Section R404.1.7 to read as follows and number exceptions as 1 and 2:

R404.1.7 Backfill placement.

Exception:

1. Such bracing is not required for walls supporting less than 4 feet (1219 mm) of unbalanced backfill.

2. Such bracing is not required for poured concrete walls having sufficient strength. (Effective January 1, 2002)

CHAPTER 5

FLOORS

SECTION R502

WOOD FLOOR FRAMING

• Revise Section R502.2.1 to read as follows:

R502.2.1 Decks. Decks shall be constructed in accordance with this code or Chapter 3 of the 1996 Forest Products Society, "Wood Decks, Materials, Construction, and Finishing" manual. (Remainder of section left unchanged). (Effective January 1, 2002)

• Add new Sections R502.2.1.1, R502.2.1.2, R502.2.1.3, R502.2.1.4 and R502.2.1.5 to read as follows:

R502.2.1.1 Guardrails. Guardrails shall comply with the live load requirements in Section R301.4. Guardrails may be constructed as per Figures 44 and 45 of the 1996 Forest Products Society,"Wood Decks, Materials, Construction, and Finishing" manual, and meet the design criteria as described in Section R316.

Exception: Stairway Guardrails shall meet live load requirements specified in Section R301.4.

R502.2.1.2 Footings. Footing design for decks and porches shall be as required in Section R403.

R502.2.1.3 Stairways. Stairways shall comply with Section R314.

R502.2.1.4 Protection against decay. Protection against decay shall be in accordance with Section R323.

R502.2.1.5 Protection against termites. Protection against termites shall be in accordance with Section R324. (Effective January 1, 2002)

CHAPTER 7

WALL COVERING

SECTION R703

EXTERIOR COVERING

• Revise Table 703.4 by adding the following:

Table 703.4 Weather-Resistant Siding Attachment and Minimum Thickness

• Delete Section(s) R703.9, R703.9.1 and 703.9.2 and substitute the following:

703.9 Exterior Insulation and Finish Systems (EIFS)

703.9.1 Exterior Insulation and Finish Systems (EIFS) shall conform to Appendix L, Performance Requirements for Exterior Insulation and Finish Systems (EIFS).

703.9.2 Wall assemblies incorporating EIFS shall be provided with drainage as recognized in a current model building code Evaluation Report and shall conform to Appendix M, Requirements for Drainage Installed with Exterior Insulation and Finish Systems (EIFS).

703.9.3 Wall assemblies incorporating EIFS shall demonstrate drying potential as recognized in a current model building code Evaluation Report and shall be in conformance with Appendix N, Requirements for Drying Potential for Exterior Insulation and Finish Systems (EIFS).

703.9.4 Installation of exterior Insulation and Finish Systems (EIFS) Class PB shall comply with ASTM PS49, Standard Practice for Application of Class PB exterior Insulation and Finish System. Where there is a conflict between ASTM PS49 and other provisions of the code, the other provisions shall apply instead of ASTM PS49.

703.9.5 Foam plastic insulation in Exterior Insulation and Finish Systems (EIFS) Class PB shall conform to the requirements of Chapter 3, Section 318.1, 318.1.1, 318.1.2, 318.2.1, and 318.3.

703.9.6 Weather Resistive Barriers. The weather resistive barrier shall be asphalt saturated felt weighing at least 14 lbs. per hundred square feet (0.683 kg/m2), or conform to ASTM D226 Type I or equal, as determined by qualified testing. The barrier shall be free from holes and breaks and shall be applied over studs or sheathing of all exterior walls. Weather-resistant sheathing paper type barriers shall be applied horizontally with the upper layer lapped over the lower layer not less than 2 inches (52 mm). Where vertical joints occur, the felt or paper shall be lapped not less than 6 inches (152 mm). Approved surface applied type barriers shall be monolithic and continuous and shall be applied in accordance with the manufacturer's specifications and application instructions.

703.9.7 Flashing for Exterior Insulating and Finish Systems (EIFS). Flashing shall be approved, corrosion resistive, and provided in such a manner as to be leakproof and flashed to the exterior. Windows, doors, louvers and other similar openings shall be flashed. Windows shall be flashed at the top, sides and sills. Window heads shall be flashed to the exterior, except that self-flashing windows having a continuous lap of not less than 1 1/8 inches (28 mm) over sheathing material around the perimeter of the opening, including corners, do not require additional flashing at the head. Flashing shall be installed at the intersections of walls, including chimney chase walls, with roofs, decks, balconies, porches, stairs, landings and similar construction. The weather resistive barrier shall be continuous with the weather resistive barrier behind wall coverings adjacent to the EIFS or flashed to the exterior.

703.9.7.1 Refer to Appendix M for typical weather resistive barrier, flashing details, and installation details.

703.9.8 Sealants for Exterior Insulation and Finish Systems (EIFS). Sealants shall be installed between EIFS and adjoining construction or penetrations in accordance with ASTM C1193. Minimum 3/4 inch (19 mm) wide sealant joints shall be installed at floor lines of wood framed floors. Minimum 1/2 inch (13 mm) wide sealant joints shall be installed at perimeters of wall openings such as for windows and doors. Sealants applied in a fillet configuration shall be installed over bond breaker tape or other pre-formed closed cell sealant backing. Sealants shall be installed so as not to block weeps or other water drainage. Sealants shall conform to ASTM C920, grade NS, Type M or S, Class 25. Sealants shall be tested in accordance with ASTM C1135 and PS49. Minimum 50% elongation after conditioning shall be required. (Effective January 1, 2002)

CHAPTER 8

ROOF-CEILING CONSTRUCTION

SECTION R802

WOOD ROOF FRAMING

• Revise Section R802.3 to read as follows:

R802.3 Framing details. Rafters shall be framed to the ridge board or to each other with a gusset plate as a tie. Where rafters meet to form a ridge they shall be placed directly opposite each other, or centerline offset not more than 11/2 inches (38 mm). Ridge board shall be at least 1-inch (25.4 mm) nominal thickness and not less in depth than the cut end of the rafter. At all valleys and hips there shall be a valley or hip rafter not less than 2-inch (51 mm) nominal thickness and not less than the cut end of the rafter. Valley rafters shall be supported at the ridge... (remainder of section left unchanged). (Effective January 1, 2002)

SECTION R806

ROOF VENTILATION

• Add new Section R806.4 to read as follows:

R806.4 Static Ventilating Devices. Manufactured static ventilating devices shall be identified by the manufacturer's mark, logo or product identification and the net free ventilating area (NFVA). (Effective January 1, 2002)

CHAPTER 9

ROOF ASSEMBLIES

SECTION R907

REROOFING

• Revise Section R907.1 to read as follows:

R907.1 General. Materials and methods of application used for recovering or replacing an existing roof covering shall comply with the requirements of this chapter. Roof repairs to existing roofs and roof coverings shall comply with the provisions of Chapter 34 of the International Building Code. (Effective January 1, 2002)

CHAPTER 11

ENERGY EFFICIENCY

• Delete Chapter 11 Energy Efficiency without substitution.

For energy code compliance refer to the Georgia State Energy Code for Buildings. (Effective January 1, 2002)

CHAPTER 12

MECHANICAL ADMINISTRATION

SECTION M1201

GENERAL

• Delete Section M1201.2 and substitute the following:

M1201.2 Alternate materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be ap- proved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code. Compliance with the specific performance-based provisions of the International Code Council (ICC) codes in lieu of specific requirements of this code shall also be permitted as an alternative.

M1201.2.1 Tests. Whenever there is insufficent evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials and methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be retained by the building official for the period required for the retention of public records. (Effective January 1, 2002).

CHAPTER 13

GENERAL MECHANICAL SYSTEM REQUIREMENTS

SECTION M1302

APPROVAL

• Delete Section M1302.1 and substitute the following:

M1302.1 General. See Section M1201.2. (Effective January 1, 2002)

SECTION M1305

APPLIANCE ACCESS

• Revise Section M1305.1.3 first and last sentences to read as follows:

M1305.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an opening and a clear and unobstructed passageway large enough to allow the removal of the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide to the appliance. (Last sentence) The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), where such dimensions are large enough to allow the removal of the largest appliance and be accessible by pull down stairs or other permanent steps. (Effective January 1, 2002)

• Revise Section M1305.1.4.1 to read as follows:

M1305.1.4.1 Ground clearance. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above grade a minimum of 2 inches (51 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade. (Effective January 1, 2002)

CHAPTER 14

HEATING AND COOLING EQUIPMENT

SECTION M1401

GENERAL

• Revise Section M1401.4 to read as follows:

M1401.4 Exterior installations. Equipment installed outdoors shall be listed and labeled for outdoor installation. Supports and foundations shall prevent excessive vibration, settlement or movement of the equipment. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above grade a minimum of 2 inches (51 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade. (Effective January 1, 2002)

CHAPTER 16

DUCT SYSTEMS

SECTION M1601

DUCT CONSTRUCTION

• Revise Section M1601.2 by adding a last sentence to read as follows:

M1601.2 Factory-made ducts. Each portion of a factory-made air duct system shall bear a label or mark indicating compliance with UL 181 and UL 181A and shall comply with the requirements of the Georgia State Energy Code for Buildings. (Effective January 1, 2002)

• Revise Section M1601.2.1 by adding requirement #4 to read as follows:

M1601.2.1 Duct insulation materials.

4. All duct insulation materials shall comply with the requirements of the Georgia State Energy Code for Buildings. (Effective January 1, 2002)

• Revise Section M1601.3.1 by adding a last sentence to read as follows:

M1601.3.1 Joints and seams. The joints and seams for the duct system shall be sealed in accordance with the Georgia State Energy Code for Buildings. (Effective January 1, 2002)

• Revise Section M1601.3.4 by adding requirement #4 to read as follows:

M1601.3.4 Duct insulation.

4. The Georgia State Energy Code for Buildings. (Effective January 1, 2002)

CHAPTER 20

BOILERS/WATER HEATERS

SECTION M2001

BOILERS

• Revise Section M2001.1 by adding a last sentence to read as follows:

M2001.1 Installation. The efficiencies of the boilers shall comply with the Georgia State Energy Code for Buildings. (Effective January 1, 2002)

CHAPTER 24FUEL GAS

SECTION G2409 (308)

CLEARANCE REDUCTION

• Add Exceptions to Section G2409.2 to read as follows:

G2409.2 Reduction table.

Exceptions:

1. Appliances that are approved and listed for such locations.

2. Appliances installed in an enclosure communicating directly with a garage in which all combustion air is taken from the outdoors and the enclosure is equipped with a solid weather-stripped door and self-closing device. (Effective January 1, 2002)

SECTION G2414 (404)

PIPING SYSTEM INSTALLATION

• Revise Section G2414.8 to read as follows:

G2414.8 Protection against corrosion. Metallic pipe or tubing exposed to corrosive action, such as soil condition or moisture, shall be protected in an approved manner. Ferrous metal exposed in exterior locations shall be protected from corrosion. Where dissimilar metals are joined underground, an insulating coupling or fitting shall be used. Piping shall not be laid in contact with cinders. (Effective January 1, 2002)

SECTION G2418 (408)

DRIPS AND SLOPING PIPING

• Revise Section G2418.4 to read as follows:

G2418.4 Sediment trap. Where a sediment trap is not incorporated as part of the gas utilization equipment, a sediment trap shall be installed as close to the inlet of the equipment as practical. The sediment trap shall be either a tee fitting with a minimum 3 inch (76 mm) long capped nipple in the bottom outlet or other configuration approved as an effective sediment trap. Illuminating appliances, ranges, clothes dryers, decorative appliances for installation in vented fireplaces, decorative vented appliances, and outdoor grills need not be so equipped unless required by manufacturer's installation instructions. (Effective January 1, 2002)

SECTION G2419 (409)

GAS SHUTOFF VALVES

• Revise Section G2419.1.2 by adding an exception to read as follows:

G2419.1.2 Prohibited locations. Shutoff valves shall be prohibited in concealed locations and spaces used as plenums.

Exception: Equipment shutoff valves required by the code shall be permitted to be installed in accessible above ceiling spaces containing vented gas utilization equipment. (Effective January 1, 2002)

SECTION G2422 (413)

CNG GAS DISPENSING SYSTEMS

• Delete Section G2422.1 and substitute the following:

G2422.1 General. Under Georgia law, the Rules and Regulations of the Georgia Safety Fire Commissioner's Office govern the storage, delivery and dispensing of compressed natural gas. Refer to the Rules and Regulations of the Georgia Safety Fire Commissioner's Office and NFPA 52 for all requirements concerning compressed natural gas motor vehicle fuel-dispensing stations. (Effective January 1, 2002)

SECTION G2426 (503)

VENTING OF EQUIPMENT

• Revise Section G2426.10.2.2 by adding an exception to read as follows:

Section G2426.10.2.2 Vent connectors located in unconditioned areas.

Exception: Single-wall metal vent connectors shall be allowed in unconditioned areas other than attics and crawl spaces where the 97.5-percent value for outside design temperature is 10 degrees F (-18 degree C) or greater as shown in Figure R301.2(1). (Effective January 1, 2002)

SECTION G2443 (620)

UNVENTED ROOM HEATERS

• Revise Section G2443.1 to read as follows:

G2443.1 General. Unvented room heaters shall be tested in accordance with ANSI Z 21.11.2 and shall be installed in accordance with the conditions of the listing of the manufacturer's installation instructions. Unvented room heaters utilizing fuels other than gas shall be regulated by the Georgia State Minimum Standard Mechanical Code. (Effective January 1, 2002)

SECTION G2445 (622)

COOKING APPLIANCES

• Delete Section G2445.2 Prohibited location without substitution. (Effective January 1, 2002)

• Delete Section G2445.3 Domestic appliances without substitution. (Effective January 1, 2002)

APPENDIX L

• Add Appendix L to read as follows:

APPENDIX M

• Add Appendix M to read as follows:

REQUIREMENTS FOR DRAINAGE INSTALLED WITH EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS)

M1.01 Scope:

These requirements cover the drainage of water from wall construction incorporating EIFS and weather resistive barriers. Drainage is provided to prevent water intrusion beyond the water resistive barrier and to discharge water to the exterior.

M2.01 Reference Documents

ASTM Standards E 331 Test Method for Water Penetration of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air Pressure Difference.

M3.01 Terminology

Descriptions of Terms Specific to this Standard:

M3.01.1 Drainage: The collection and discharge of water gravity flow.

M4.01 Drainage of Water

M4.01.1 Walls incorporating EIFS and drainage shall be constructed to collect incidental water at the exterior outside faces of a weather resistive barrier and flashing. The wall assembly shall allow water collected at the outside faces of the weather resistive barrier and flashing to flow by gravity to the exterior.

M4.01.2 The weather resistive barrier shall be integrated with the flashing to prevent water intrusion to the interior.

M4.01.3 Drainage shall be confirmed by testing in accordance with ASTM E331 and 5.01.

M5.01 Test Method For Determining The Drainage Performance of Wall Assemblies Clad With Exterior Insulation and Finish Systems (EIFS).

This test method consists of testing EIFS clad wall assemblies for Drainage Performance By ASTM E331, Standard Test Method for Water Penetration of Exterior Windows, Curtain Walls and Doors by Uniform Static Air Pressure Difference, except as described otherwise herein.

M5.01.1 Scope:

This test method evaluates the drainage performance of EIFS when subjected to water applied in conjunction with a positive uniform static air pressure.

M5.01.2 Test Method

ASTM E331

M5.01.3 Apparatus

ASTM E331 for application of water and positive uniform static air pressure and a catchment to collect and measure drained water.

M5.01.4 Test Specimen

M5.01.4.1 The EIFS clad wall test specimens shall be a minimum of 4' x 8' (123 cm x 246 cm).

M5.01.4.2 Minimum of four test specimens plus a control shall be assembled and allowed to cure for 28 days prior to test. The test specimens shall contain a fault.Dimensions and location of the fault are shown in Figure M-1.0.

M5.01.4.3 The EIFS assemblies shall be installed with the materials, details, and methods of assembly as required by the manufacturer.

M5.01.4.3.1 For acceptance of wall assemblies with wood-based sheathing, the test wall shall include the sheathing to be accepted.

M5.01.4.4 The supporting framework for the EIFS wall assemblies shall be of wood or metal stud construction and framing spacing as required by the manufacturer. The standard framing spacing is 16" (41 cm) on center.

M5.01.4.5 The test specimens shall be constructed to allow observation of drainage.

M5.01.5 Test Procedure:

M5.01.5.1 Test pressure difference shall be minimum 6.24 pounds per square foot (psf).

M5.01.5.2 Water delivery to the exterior surface shall be uniform and at a rate of 5.0 gallons per square foot hour (19 liters per 0.093 square meter hour).

M5.01.5.3 Water and pressure duration shall be minimum 15 minutes.

M5.01.5.4 Subject the four test specimens to the conditions in 5.1 and 5.3. Observe and verify that specimens drain freely.

M5.01.5.5 Allow each specimen to drain in the vertical position.

M5.01.5.6 After one hour of drainage, select one of the test specimens; disassemble and verify drainage by observation.

Note: Disassembly of wall must assure inspection of all wall components. Any water accumulation beyond incidental beading due to surface tension shall be reported.

M6.01REPORT

M6.01.1 Follow ASTM E331 Sections 12.1.1, 12.1.2, 12.1.7, 12.1.9, 12.1.10, and 12.2 plus the following:

M6.01.2 Observations from 5.4, 5.5, and 5.7.

M6.01.3 Details of assembly, including a description of components, mixing and application, thickness of components and a statement of conformance to the manufacturer's application instructions.

M6.01.4 Photographic video documentation of test specimens,

including assembly, components, drainage verification,

and samples removed in 5.8.

M6.01.5 Detailed drawings of the test specimens.

M6.01.6 A record of all points of water penetration to the cavity and drainage performance.

(Effective January 1, 2002)

APPENDIX N

• Add new Appendix N to read as follows:

REQUIREMENTS FOR DRYING POTENTIAL FOR EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS)

N1.01 SCOPE

These requirements cover the potential for drying of wall construction incorporating EIFS and drainage. Drying of water in excess of 1 ounce per square foot shall be confirmed by testing in accordance with ASTM E 331 and Section 2.01.

N2.01 TEST METHOD

N2.01.1 Follow Appendix M, Requirements for Drainage Installed with Exterior Insulation Finish Systems (EIFS), Sections 5.01 through 5.01.5.6.

N2.01.2 Allow three test speciments plus the control specimen to dry in a conditioned space (73 degrees Fahrenheit ± 4 degrees @ 50% Relative Humidity) (23 degrees Centigrade ± 2 degrees @ 50% Relative Humidity) for 72 hours. {NOTE: These are usually the same test specimens tested for drainage.}

N2.01.3 After 72 hours of drying, cut three 12" x 12" (305 mm x 305 mm) samples to include all components of the assembly except framing from each test specimen and the control, as shown in figure N-1.0.

N2.01.4 Record observations.

N2.01.5 Immediately weigh each sample and place in an oven controlled at 120 ±10 degrees Fahrenheit (49 degrees Centigrade ± 5 degrees) until constant weight is obtained. Record weight loss of each sample to the nearest .01 ounce (31 grams).

N2.01.6 Determine the average weight loss for the nine samples (TSRM) from the test specimens. Determine the average weight loss for the three control samples (CSBM).

N3.01 TSRM - CSBM = SRM

TSRM - Average residual moisture in nine test samples (oz.) (gr.)

CSRM - Average background moisture in three control samples (oz.) (gr.)

SRM - Average residual moisture in system per square foot; (ounce per square foot) (gr. per square meter).

N4.01 REPORT

A record of all weights as recorded in Section 2.01.5 and 2.01.6 to evaluate drying potential.

N5.01 ACCEPTANCE

SRM (Average Residual Moisture in system per square foot) shall not exceed 1 ounce per square foot. (Effective January 1, 2002)

GEORGIA STATE MINIMUM

STANDARD BUILDING CODE

(International Building Code

The STANDARD BUILDING CODE (International Building Code), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Building Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard National Electrical Code.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of ratings of equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Building Code (International Building Code) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structures.

Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the CABO One and Two Family Dwelling Code (International Residential Code).

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the Authority Having Jurisdiction.

• Revise the Standard Building Code (International Building Code) 2000 Edition, as follows:

CHAPTER 1

ADMINISTRATION

• Delete Chapter 1 without substitution. Chapter 1 to remain in Code as a reference and guide for local governments in development of their own Administrative Procedures. (Effective January 1, 2002)

CHAPTER 2

DEFINITIONS

SECTION 201

GENERAL

• Revise Section 201.1 to add the following:

201.1 Scope. The State's minimum requirements for definitions shall be established by the Georgia State Minimum Standard Building Code with the exception of those definitions established by the Rules and Regulations of the Safety Fire Commissioner and with the exception of the definitions of occupancies and their classification. Where any definitions are not specifically addressed by the Georgia State Minimum Standard Building Code and those same definitions are specifically addressed by the Life Safety Code or Georgia State Minimum Standard Fire Prevention Code, then the Life Safety Code or Standard Fire Prevention Code shall be used as a supplement. (Effective January 1, 2002)

CHAPTER 3

USE AND OCCUPANCY CLASSIFICATION

SECTION 301

GENERAL

• Revise Section 301.1 to add the following:

301.1 Scope. The State's minimum requirements for occupancy classifications or sub-classifications including the definitions thereof shall be established by the Life Safety Code. Occupancy classifications or sub-classifications including the definitions thereof not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code or the Geor- gia State Minimum Standard Fire Prevention Code, the Building Code or the Fire Prevention Code shall be used as a supplement. (Effective January 1, 2002)

CHAPTER 4SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY

SECTION 401

SCOPE

• Revise Section 401.1 to add the following:

401.1 Detailed use and occupancy requirements. The State's minimum requirements for occupancy classifications or sub-classifications including the definitions thereof shall be established by the Life Safety Code. Occupancy classifications or sub-classifications including the definitions thereof not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code or the Georgia State Minimum Standard Fire Prevention Code, the Building Code or the Fire Prevention Code shall be used as a supplement. (Effective January 1, 2002)

CHAPTER 5

GENERAL BUILDING HEIGHTS AND AREAS

SECTION 506

AREA MODIFICATIONS

• Delete Section 506.1.1 Basements entirely without substitution. {Refer to Section 503.1.1 for the requirements for basements.} (Effective January 1, 2002)

CHAPTER 6

TYPES OF CONSTRUCTION

SECTION 601

GENERAL

• Revise Section 601.1 to add the following:

601.1 Scope. The State's minimum requirements for building construction types shall be established by the Georgia State Minimum Standard Building Code including allowable height and building areas and requirements for sprinkler protection related to minimum building construction types. Areas not specifically addressed by the Georgia State Minimum Standard Building Code and which are addressed by the Life Safety Code, the Life Safety Code shall be used as a supplement.

Exception: Health care, nursing care, ambulatory health care and detection occupancies shall comply with the minimum construction requirements of the Life Safety Code and the Georgia State Minimum Standard Building Code. (Effective January 1, 2002)

CHAPTER 7

FIRE-RESISTANCE-RATED CONSTRUCTION

SECTION 703

FIRE-RESISTANCE RATINGS AND FIRE TESTS

• Add Section 703.5 to read as follows:

703.5 Fire wall and smoke barrier identification. All walls as described in Section 705 through 709 shall be identified with signs or stenciling with suggested wording:

"Fire and Smoke Barrier - Protect All Openings".

Exception: Existing stenciling acceptable to the Authority Having Jurisdiction. (Effective January 1, 2002)

SECTION 705

FIRE WALLS

• Revise Section 705.3 to read as follows:

705.3 Materials. Delete Exception: Building of Type V Construction. (Effective January 1, 2002)

SECTION 707

SHAFT AND VERTICAL EXIT ENCLOSURES

• Add Section 707.1.1 to read as follows:

707.1.1 Protection of vertical openings. The State's minimum requirements for protection of vertical openings shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Building Code shall be used as a supplement. (Effective January 1, 2002)

• Revise Section 707.14.1 to read as follows:

707.14.1 Elevator lobby. Delete Exception 1 in Section 707.14.1 without substitution and renumber remaining exceptions. (Effective January 1, 2002)

CHAPTER 8

INTERIOR FINISHES

SECTION 801

GENERAL

• Revise Section 801.1 to add the following:

801.1 Scope. The State's minimum requirements for interior finishes shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Building Code shall be used as a supplement. (Effective January 1, 2002)

CHAPTER 9

FIRE PROTECTION SYSTEMS

[F] SECTION 903

AUTOMATIC SPRINKLER SYSTEMS

• Revise Section 903.1 to add the following:

903.1 General. The State's minimum requirements for automatic fire sprinkler systems shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Building Code shall be used as a supplement.

Exception: Fire sprinkler systems required by minimum construction requirements shall be established by the Georgia State Minimum Standard Building Code. (Effective January 1, 2002) [F] SECTION 905

STANDPIPE SYSTEM

• Revise Section 905.1 to add the following:

905.1 General. The State's minimum requirements for standpipes shall be established by the Georgia State Minimum Standard Building Code. Areas not specifically addressed by the Building Code and which are addressed by the Life Safety Code or the Georgia State Minimum Standard Fire Prevention Code, the Life Safety Code or the Fire Prevention Code shall be used as a supplement. The requirements for occupant hoses may be eliminated in new and existing buildings subject to the approval of the Authority Having Jurisdiction. (Effective January 1, 2002)

[F] SECTION 907

FIRE ALARM AND DETECTIONS SYSTEMS

• Revise Section 907.1 to add the following:

907.1 General. The State's minimum requirements for fire alarm and detection systems shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code or the Georgia State Minimum Standard Fire Prevention Code, the Building Code or the Fire Prevention Code shall be used as a supplement. (Effective January 1, 2002)

• Revise Section 907.2.10.1.1 Notes 1 and 2 to read as follows:

907.2.10.1.1 Group R-1.

1. In all interior corridors, halls and basements not more than 30 feet (9.2 m) apart or more than 15 feet (4.6 m) from any wall, where there are no interior halls or corridors, the detectors shall be installed in each sleeping room.

2. In each room in the path of the means of egress from the sleeping area to the door leading from the guest room or suite, a smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. (Effective January 1, 2002)

{Cross reference in State law: Title 25, Chapter 2 of Official Code of Georgia Annotated (O.C.G.A.) and the Rules of the Georgia Safety Fire Commissioner}

• Revise Section 907.2.10.1.2 Note 2 to read as follows:

907.2.10.1.2 Groups R-2, R-3, R-4 and I-1.

2. In each room used for sleeping purposes except for in Group R- 2 dwellings and dwelling units, a smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. (Effective January 1, 2002) {Cross reference in State law: Title 25, Chapter 2 of Official Code of Georgia Annotated (O.C.G.A.) and the Rules of the Georgia Safety Fire Commissioner}

• Revise Section 907.2.10.2 first sentence to read as follows:

907.2.10.2 Power Source.

In new construction, required smoke alarms shall receive their primary power from the building wiring where such wiring is served from a commercial source and shall be equipped with a one and onehalf hour emergency battery back-up power supply source. (Effective January 1, 2002)

{Cross reference in State law: Title 25, Chapter 2 of Official Code of Georgia Annotated (O.C.G.A.) and the Rules of the Georgia Safety Fire Commissioner}

CHAPTER 10

MEANS OF EGRESS

SECTION 1001

ADMINISTRATION

• Revise Section 1001.1 to add the following:

1001.1 General. The State's minimum requirements for means of egress and all components thereof, shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Building Code shall be used as a supplement. The Life Safety Code shall establish the requirement for a smoke proof enclosure of each exit from high-rise buildings.

Exceptions:

1. The State's minimum construction requirements for smokeproof enclosures shall be established by the Georgia State Minimum Standard Building Code. (Effective January 1, 2002)

CHAPTER 11

ACCESSIBILITY

• Delete Chapter 11 Accessibility entirely without substitution. (Effective January 1, 2002)

{Cross reference in State law: Title 30, Chapter 3 of the Official Code of Georgia Annotated (O.C.G.A.) and the Rules of the Georgia Safety Fire Commissioner}

CHAPTER 13

ENERGY CONSERVATION

• Delete Chapter 13 Energy Conservation entirely without substitution. (Effective January 1, 2002)

{Cross reference in State law: Title 8, Chapter 2 of the Official Code of Georgia Annotated (O.C.G.A.) State's minimum standards for energy conservation for building as required by the Georgia State Energy Code for Buildings.}

CHAPTER 14

EXTERIOR WALLS

SECTION 1404

MATERIALS

• Add Section 1404.10 to read as follows:

1404.10 Materials. Cellulose fiber-reinforced cement building boards shall conform to the requirements of ASTM E-84. (Effective January 1, 2002)

SECTION 1405

INSTALLATION OF WALL COVERINGS

• Add Sections 1405.16 and 1405.17 to read as follows:

1405.16 Installation of wall coverings. Installation of Exterior Insulation and Finish Systems (EIFS) Class PB shall comply with ASTM PS 49, Standard Practice for Application of Class PB Exterior Insulation and Finish Systems. Where there is a conflict betweem ASTM PS 49 and other provisions of the code, the more restrictive shall apply. See Section 1704.12. (Effective January 1, 2002)

1405.17 Installation of wall coverings. Clearance between wall cladding, except masonry veneer, shall be at least 6 inches (152 mm) and a 2 inch (51 mm) clear inspection space above paved areas must be visible below cladding down to the final grade of the top of the soil which is immediately adjacent to the structure. (Effective January 1, 2002)

CHAPTER 15

ROOF ASSEMBLIES AND ROOFTOP STRUCTURES

SECTION 1507

REQUIREMENTS FOR ROOF COVERINGS

• Revise Section 1507.4.4 to add a new item number 4 that reads as follows:

1507.4.4 Attachment.

4. Aluminum fasteners shall be used for aluminum roofing. (Effective January 1, 2002)

CHAPTER 16

STRUCTURAL DESIGN

SECTION 1602

DEFINITIONS

• Revise Section 1602.1 to add a new definition as follows:

1602.1 Definitions.

DEAD LOADS. The weight of materials of construction incorporated into the building, including but not limited to foundations, walls, floors, roofs, ceilings, stairways, built-in partitions, finishes, cladding, and other similarly incorporated architectural and struc- tural items, and fixed service equipment, including the weight of cranes. (Effective January 1, 2002)

SECTION 1603

CONSTRUCTION DOCUMENTS

• Revise Section 1603.1.5 to add item number 7 to read as follows:

1603.1.5 Earthquake design data.

7. Seismic design category. (Effective January 1, 2002)

• Revise Section 1603.3 to read as follows:

1603.3 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 100 pounds per square foot (2.40 kN/ m2), such design live load shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices. (Effective January 1, 2002)

SECTION 1604

GENERAL DESIGN REQUIREMENTS

• Revise Section 1604.4 fifth paragraph to read as follows:

1604.4 Analysis.

Every structure shall be designed to resist the overturning effects caused by lateral forces specified in this chapter. See Sections 1617.4.5 or 1618 for earthquake forces, Section 1609.1.3 for wind forces and Section 1610 for lateral soil loads. See Section 1801.2.1 for foundation design for seismic overturning. (Effective January 1, 2002)

SECTION 1606

DEAD LOADS

• Add Section 1606.3 to read as follows:

1606.3 Distribution or floor loads. Where uniform floor live loads are involved in the design of structural members arranged so as to create continuity, the minimum applied loads shall be the full dead loads on all spans in combination with the floor live load on adjacent spans and on alternate spans. Live loads may be reduced in accordance with Section 1607.9. (Effective January 1, 2002)

SECTION 1607

LIVE LOADS

TABLE 1607.1

MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS AND MINIMUM CONCENTRATED LIVE LOADS

• Revise Table 1607.1 to read as follows:

Item 6. Decks: add "Not less than 60 psf".

Item 27. Residential: add "Corridors 80 psf" and "Balconies 60 psf". (Effective January 1, 2002)

• Revise Section 1607.11.1 to read as follows:

1607.11.1 Distribution of roof loads. Where uniform roof live loads are involved in the design of structural members arranged so as to create continuity, the minimum applied loads shall be the dead loads on all spans in combination with live loads on adjacent spans and on alternate spans. See Section 1608.5 for partial snow loading. Roof live loads may be reduced in accordance with Section 1606.11.2. (Effective January 1, 2002)

• Revise Section 1607.13 to read as follows:

1607.13 Interior walls and partitions. Interior walls and partitions that exceed 6 feet (1829 mm) in height, including their finish materials, shall resist the loads to which they are subjected but not less than a horizontal load of 5 pounds per square foot (0.240 kN/ m2). (Effective January 1, 2002)

SECTION 1609

WIND LOADS

• Revise Section 1609.1.3 second sentence to read as follows:

1609.1.3 Anchorage against overturning, uplift and sliding. Where a portion of the resistance to these forces is provided by dead load, including the weight of soils and foundations, the dead load shall be taken as the minimum dead load likely to be in place during a design wind event. (Effective January 1, 2002)

• Revise Section 1609.2 to add a new item number 8 to read as follows:

1609.2 Definitions.

BUILDING, SIMPLE DIAPHRAGM.

8. Wind loads are transmitted through a vertically spanning wall system, separate from the main wind force-resisting system, to the floor and roof diaphragms. (Effective January 1, 2002)

SECTION 1620

EARTHQUAKE LOADS-DESIGN, DETAILING REQUIREMENTS AND STRUCTURAL COMPONENTS LOAD EFFECTS

• Revise Section 1620.1.6 to read as follows:

1620.1.6 Collector elements. Exception: In structures or portions thereof braced entirely by light frame shear walls, collector elements, splices and connections to resisting elements need to be designed to resist forces in accordance with load combinations of Sections 1605.2 or 1605.3. (Effective January 1, 2002)

CHAPTER 17

STRUCTURAL TEST AND SPECIAL INSPECTIONS

SECTION 1701

GENERAL

• Revise Section 1701.1 to read as follows:

1701.1 Scope. The provisions of this chapter shall ensure the quality, workmanship and requirements for materials covered. Materials of construction and tests shall conform to the applicable standards listed in this code. (Effective January 1, 2002)

• Revise Section 1701.2 to read as follows:

1701.2 New Materials. New building materials, equipment, systems or methods of construction not provided for in this code, and any material of questioned suitability proposed for use in the construction of a building or structure, shall be subjected to the tests prescribed in this chapter and in the approved rules to determine character, quality and limitations of use by the Authority Having Jurisdiction. (Effective January 1, 2002)

SECTION 1702

DEFINITIONS

• Revise Section 1702 definitions to read as follows:

1702.1 General.

APPROVED AGENCY. An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the Authority Having Jurisdiction. (Effective January 1, 2002)

CERTIFICATE OF COMPLIANCE. A certificate stating that materials and products meet specified standards or that work was done in compliance with approved construction documents by the supplier of the products. (Effective January 1, 2002)

SECTION 1703

APPROVALS

• Revise Section 1703.1.3 to read as follows:

1703.1.3 Personal. An approved agency shall employ experienced personnel educated in conducting, supervising and evaluating tests and/or inspections specifically for materials. (Effective January 1, 2002)

• Revise Section 1703.2 to read as follows:

1703.2 Written approval. Any material, equipment, system or method of construction meeting the requirements of this code and requiring inspection and tests per this code, shall be approved in writing after satisfactory completion of the required test and submission of required test reports. (Effective January 1, 2002)

• Revise Section 1703.3 to read as follows:

1703.3 Approved record. For any material, equipment, system or method of construction that has been approved, a record of such approval, including the conditions and limitations of the approval, shall be kept on file in the building official's office and shall be open to public inspection at appropriate times. (Effective January 1, 2002)

• Revise Section 1703.7 title name to read as follows:

1703.7 Evaluation and follow-up inspection services of "fabricated assemblies".

Remainder of section to remain unchanged. (Effective January 1, 2002)

SECTION 1704

SPECIAL INSPECTIONS

• Revise Section 1704.3.3 to read as follows:

1704.3.3 High-strength bolts. Installation of high-strength bolts shall be periodically inspected in accordance with RCSC specifications. (Effective January 1, 2002)

• Revise Section 1704.3.3.1 to read as follows:

1704.3.3.1 General. Alternative-design fastener inspection shall be in accordance with instructions provided by the manufacturer and approved by the building official. (Effective January 1, 2002)

• Revise Section 1704.3.3.2 to read as follows:

1704.3.3.2 Periodic monitoring. Monitoring of bolt installation for pre-tensioning is permitted to be performed on a periodic basis when using the turn-of-nut method with match marking techniques, the direct tension indicator method, or the twist-off bolt method. Joints designed as snug tight need to be inspected only on a periodic basis. (Effective January 1, 2002)

• Revise Section 1704.8 to add a new sentence at the end that reads as follows:

1704.8 Pile foundations. "See Section 1807 of this code." (Effective January 1, 2002)

SECTION 1705

QUALITY ASSURANCE FOR SEISMIC RESISTANCE

• Revise Section 1705.1 to read as follows:

1705.1 Scope. Add at the end of item number 2: "See Sections 1613 and 1621 of this code." (Effective January 1, 2002)

• Revise Section 1705.2 first sentence to read as follows:

1705.2 Quality assurance plan preparation. The design of each designated seismic system shall include a quality assurance plan, prepared by a registered design professional in responsible charge. (Effective January 1, 2002)

SECTION 1706

QUALITY ASSURANCE FOR WIND REQUIREMENTS

• Revise Section 1706.2 first sentence to read as follows:

1706.2 Quality assurance plan preparation. The design of each main wind-force-resisting system and each wind-resisting component shall include a quality assurance plan prepared by a registered design professional in responsible charge. (Effective January 1, 2002)

CHAPTER 18

SOILS AND FOUNDATION

SECTION 1802

FOUNDATIONS AND SOILS INVESTIGATIONS

• Revise Section 1802.2 to read as follows:

1802.2 Where required. Delete exception without substitution. (Effective January 1, 2002)

SECTION 1803

EXCAVATION, GRADING AND FILL

• Revise Section 1803.2 to read as follows:

1803.2 Placement of backfill. Revise the second paragraph to read as follows: The backfill shall be placed in lifts not to exceed 12 inches (305 mm) and compacted in a manner that does not damage the foundation, waterproofing, damp proofing material or interior and exterior finishes. (Effective January 1, 2002)

• Add Sections 1803.5, 1803.5.1 and 1803.5.2 to read as follows:

1803.5 Support of adjoining buildings and structures. Notice to adjoining structures. Notice to the owner of ajoining buildings or structures shall be served in writing by the one causing the excavation to be made at least ten days before an excavation is commenced. The notice shall state the depth and location of the proposed excavation. (Effective January 1, 2002)

1803.5.1 Excavation 10 ft (3048 mm) or less. When an excavation extends not more than 10 feet (3048 mm) below the extablished curb grade nearest the point of excavation under consideration, the owner of the adjoining structure or building shall be afforded the necessary license to enter the premises where the excavation is to be made, and at his own expense, shall provide the necessary underpinning or protection. (Effective January 1, 2002)

1803.5.2 Excavation greater than 10 ft (3048 mm). When an excavation extends more than 10 ft (3048 mm) below the established curb grade nearest the point of excavation under consideration, the one causing the excavation to be made, if given the necessary license to enter the adjoining premises, shall provide at his own expense one of the following:

1. Underpinning and protection required by that part of the excavation which extends to a depth greater than 10 ft (3048 mm) below the established curb grade nearest the point of excavation under consideration, whether or not the existing footings or foundation extend to the depth of 10 ft (3048 mm) or more below curb grade, or,

2. Shoring and bracing of the sides of the excavation required to prevent any soil movement into the excavation. If permanent lateral support is provided, the method used must satisfy requirements of the building official. (Effective January 1, 2002)

SECTION 1805

FOOTINGS AND FOUNDATIONS

• Revise Section 1805.2.1 to read as follows:

1805.2.1 Frost protection. Except where erected on solid rock or otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures that either exceed 400 square feet (37 m2) in area or 10 feet (3048 mm) in height shall extend below the frost line of the locality, and spread footings of adequate size shall be provided where necessary to properly distribute the load within the allowable load-bearing value of the soil. (Effective January 1, 2002)

• Revise Section 1805.5.6 item number 3.1 to read as follows:

1805.5.6 Pier and curtain wall foundations. 3.1 The unsupported height of the masonry piers shall not exceed 10 times their least dimension for solid masonry piers. (Effective January 1, 2002)

SECTION 1806

DAMPPROOFING AND WATERPROOFING

• Revise Section 1806.1 first sentence of second paragraph to read as follows:

1806.1 Where required. Ventilation for crawl spaces shall comply with Section 1202.3. (Effective January 1, 2002)

SECTION 1807

PIER AND PILE FOUNDATIONS

• Revise Section 1807.1 to read as follows:

1807.1 Definitions. PIER FOUNDATIONS. Change the number 12 to the number 10 in the definition for pier foundations. (Effective January 1, 2002)

SECTION 1811

PIER FOUNDATIONS

• Revise Section 1811.2 first sentence to read as follows:

1811.2 Lateral dimensions and height. The minimum horizontal dimension of isolated piers used as foundations shall be 16 inches (406 mm), and the height shall not exceed 10 times the least horizontal dimension. (Effective January 1, 2002)

CHAPTER 19

CONCRETE

SECTION 1901

GENERAL

• Revise Section 1901.1 to read as follows:

1901.1 Scope. The provisions of this chapter shall govern the materials, design and construction of concrete used in structures. (Effective January 1, 2002)

• Revise Section 1901.4 item number 10 to read as follows:

1901.4 Construction documents.

10. Stressing sequence for post-tensioning tendons for members where the stressing sequence is necessary to properly erect an unconventional structure. (Effective January 1, 2002)

SECTION 1905

CONCRETE QUALITY, MIXING AND PLACING

• Revise Section 1905.6.1 to read as follows:

1905.6.1 Qualified technicians. Add the words "from an approved agency" after the word "technicians" in two places in this paragraph. (Effective January 1, 2002)

SECTION 1906

FORMWORK, EMBEDDED PIPES AND CONSTRUCTION JOINTS

• Revise Section 1906.4.4 to read as follows:

1906.4.4 Location in slabs, beams and girders. Construction joints in floors shall be located within the middle third of spans of slabs, beams and girders or as shown on the approved construction documents. Joints in girders shall be offset a minimum distance of two times the width of intersecting beams. (Effective January 1, 2002)

SECTION 1910SEISMIC DESIGN PROVISIONS

• Revise Section 1910.4.3 to read as follows:

1910.4.3 Anchor bolts in the tops of columns. Add the words "or pedestals" after the word "columns" in both places in this section. (Effective January 1, 2002)

CHAPTER 21

MASONRY

SECTION 2102

DEFINITIONS AND NOTATIONS

• Revise Section 2102.1 existing definitions to read as follows:

2102.1 General.

COLUMN MASONRY - add at the end: See Section 1805.5.6. (Effective January 1, 2002)

MASONRY - add at the beginning: A built-up construction or combination of building units or materials of clay, shale, concrete, glass, gypsum, stone or other approved units bonded together with mortar, grout, or other accepted method of joining. Remainder of definition unchanged. (Effective January 1, 2002)

• Revise Section 2102.1 to add the following new definitions:

2102.1 General.

FILLED CELL MASONRY - That form of solid masonry in which the aligned, unobstructed vertical cells of hollow units are filled with grout. (Effective January 1, 2002)

GROUTED MASONRY - That form of solid masonry in which the interior vertical spaces are filled with grout, except that cores of solid masonry units and end spaces of stretcher units need not be grouted. (Effective January 1, 2002)

SECTION 2104

CONSTRUCTION

• Revise Section 2104.2 to add a new sentence at the end to read as follows:

2104.2 Corbeled masonry. Solid masonry units shall be used for corbeling. (Effective January 1, 2002)

SECTION 2109

EMPIRICAL DESIGN OF MASONRY

• Revise Section 2109.6.3.2 second sentence to read as follows:

2109.6.3.2 Bonding with prefabricated joint reinforcement. The vertical spacing of the joint reinforcing shall not exceed 16 inches (406 mm). (Effective January 1, 2002)

SECTION 2111

MASONRY FIREPLACES

• Revise Section 2111.5 fourth sentence to read as follows:

2111.5 Fireplace walls. When no lining is provided the total minimum thickness of back and side walls shall be 12 inches (305 mm) of solid masonry. (Effective January 1, 2002)

CHAPTER 22

STEEL

SECTION 2209

BOLTING

• Revise Section 2209.1 to read as follows:

2209.1 General. The design, installation and inspection of bolts shall be in accordance with the requirements of the specifications listed in Sections 2204, 2205 and RCSC. Special inspections of the installation of high strength bolts shall be provided where required by Section 1704 and RCSC specifications. (Effective January 1, 2002)

CHAPTER 23

WOOD

SECTION 2303

MINIMUM STANDARDS AND QUALITY

• Revise Section 2303.1.1 last sentence of second paragraph to read as follows:

2303.1.1 Lumber. Approved end-jointed lumber is permitted to be used interchangeably with solid-sawn members of the same species and grade as per manufacturer's specifications. (Effective January 1, 2002)

SECTION 2304

GENERAL CONSTRUCTION REQUIREMENTS

• Revise Section 2304.9.2 to read as follows:

2304.9.2 Sheathing fasteners. Sheathing nails or other approved sheathing connectors shall be driven so that their head or crown is flush with the surface of the sheathing or according to manufacturer's specifications. (Effective January 1, 2002)

SECTION 2308

CONVENTIONAL LIGHT-FRAME CONSTRUCTION

• Revise Section 2308.9.2.1 last sentence to read as follows:

2308.9.2.1 Top Plates. Change 48 inches (1219 mm) to 24 inches (610 mm), and change eight 16d to two 16d. (Effective January 1, 2002)

CHAPTER 29

PLUMBING SYSTEMS

SECTION 2902.1

MINIMUM NUMBER OF FIXTURES

• Revise Section 2902.1 second sentence to read as follows:

Section 2902.1. The number of occupants shall be determined by Chapter 10 of this code. (Effective January 1, 2002)

TABLE 2902.1

MINIMUM NUMBER OF PLUMBING FACILITIES

• Revise Table 2902.1 to delete the requirements for "service sinks" without substitution. (Effective January 1, 2002)

CHAPTER 30

ELEVATORS AND CONVEYING SYSTEMS

SECTION 3002

HOISTWAY ENCLOSURES

• Revise Section 3002.6 to read as follows:

3002.6 Prohibited doors. Doors other than hoistway doors and the elevator car door shall be prohibited at the point of access to an elevator car. (Effective January 1, 2002)

SECTION 3006

MACHINE ROOMS

• Revise Sections 3006.1, 3006.4, and 3006.5 to read as follows:

3006.1 Access. Add sentence at the end "The means of access shall not be through restrooms, dressing rooms or tenant spaces." (Effective January 1, 2002)

3006.4 Machine rooms and machinery spaces. Elevator machine rooms and machinery spaces shall be separated from the building with construction having a fire-resistance rating not less than the required rating of the hoistway enclosure served by the machinery. Openings shall be protected with assemblies having a fire-resistance rating not less than 2 hours. (Effective January 1, 2002)

3006.5 Shunt trip. Add new sentence after second sentence,"If the means is located in the affected elevator machine room, it shall be in a water resistant enclosure". Add new sentence at end of paragraph,"Machine rooms having a two hour fire separation from the building are not required to be sprinklered." (Effective January 1, 2002)

CHAPTER 33

SAFEGUARDS DURING CONSTRUCTION

SECTION 3305

SANITARY

• Revise Section 3305.1 to read as follows:

3305.1 Facilities required. Sanitary facilities shall be provided during construction, remodeling or demolition activities. (Effective January 1, 2002)

CHAPTER 34

EXISTING STRUCTURES

SECTION 3401

GENERAL

• Revise Section 3401.1 to add the following:

3401.1 Scope. The State's minimum requirements for existing buildings shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Building Code shall be used as a supplement. (Effective January 1, 2002)

SECTION 3402

ADDITIONS, ALTERATIONS OR REPAIRS

• Revise Section 3402.1 to add the following at the end of the paragraph:

3402.1 Existing building or structures. The extent to which the existing system shall be made to conform to the requirements of the State Minimum Standard Codes for new construction shall be as follows unless otherwise required by this Section:

1. When the estimated cost of the new work is less than fifty percent (50%) of the replacement cost of the existing system, the new work shall be brought in to conformance with the requirements of the State Minimum Standard Codes for new construction.

2. When the estimated cost of the new work is equal to or greater than fifty percent (50%) of the replacement cost of the existing system, the entire system shall be made to conform to the requirements of the State Minimum Standard Codes for new construction.

3. For essential service facilities Seismic Use Group III type buildings as defined by Section 1616.2.3, when the estimated cost of the new work is equal to or greater than thirty percent (30%) of the replacement cost of the existing system, the entire system shall be made to conform to the requirements of the State Minimum Standard Codes for new construction. Existing exception to remain as written. (Effective January 1, 2002)

• Delete Section 3402.2 and substitute the following:

3402.2 Structural. Additions or alterations to an existing structure shall not increase the force in any structural element by more than 5 percent nor decrease the force in any structural element by more than 5 percent cumulative since the original construction.

Exception: The element has the capacity to resist the force in accordance with this code for new structures. Where repairs are made to structural elements of an existing building, and uncovered structural elements are found to be unsound or otherwise structurally deficient, such elements shall be made to conform to the requirements for new structures.

Exception: Identical like kind element replacement/repair is allowable to restore the system to original integrity.

SECTION 3409

COMPLIANCE ALTERNATIVES

• Delete Section 3409 entirely without substitution. (Effective January 1, 2002)

GEORGIA STATE MINIMUM STANDARD FIRE PREVENTION CODE

(International Fire Code)

The STANDARD FIRE PREVENTION CODE (International Fire Code), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Fire Prevention Code.

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS CODE REFERENCE:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard Electrical Code.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of ratings of equipment.

SCOPE:

This code establishes regulations affecting or relating to structures, process and premises and safeguards from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises from fire hazards in the structure or on the premise from occupancy or operation; and matters related to the construction, extension, repair, alteration or removal of fire suppression and alarm systems.

• Revise the Standard Fire Prevention Code, (International Fire Code) 2000 Edition, as follows:

CHAPTER 1

ADMINISTRATION

• Delete Chapter 1 without substitution.

Chapter 1 is to remain in the Code as a reference and guide for local governments in development of their own Administrative Procedures. (Effective January 1, 2002)

CHAPTER 2

DEFINITIONS

SECTION 201

GENERAL

• Revise Section 201.1 to read as follows:

201.1 Scope. Unless otherwise expressly stated, the following words and terms shall be established by the Georgia State Minimum Standard Building Code, with the exception of those definitions established by the Rules and Regulations of the Safety Fire Commissioner and with the exception of the definitions of occupancy classifications or sub-classifications. Where any definitions are not specifically addressed by the Georgia State Minimum Standard Building Code but are specifically addressed by the Life Safety Code or the Georgia State Minimum Standard Fire Prevention Code, then the Life Safety Code and the Standard Fire Prevention Code shall be used as supplements. (Effective January 1, 2002)

SECTION 202

GENERAL DEFINITIONS

• Revise Section 202 to add a new definition for OVERCROWDING as follows:

OVERCROWDING. A condition that exists when either there are more people in a building, structure or portion thereof than have been authorized or posted by the authority having jurisdiction, or when the authority having jurisdiction, or his or her representative, determines that a threat exists to the safety of the occupants due to persons sitting and/or standing in locations so that in the event of an emergency, said persons may obstruct or impede the use of aisles, passages, corridors, stairways, exits or other components of the means of egress. (Effective January 1, 2002)

• Revise Section 202 to add a new definition for TIRES, BULK STORAGE OF as follows:

TIRES, BULK STORAGE OF. Storage of tires where the area designated for storage exceeds 20,000 cubic feet (566 m3). (Effective January 1, 2002)

CHAPTER 6

BUILDING SERVICES AND SYSTEMS

[M] SECTION 609

COMMERCIAL KITCHEN HOODS

• Delete Section 609.1 and substitute with the following:

609.1 General. The State's minimum requirements for commercial kitchen hoods shall be established by the Life Safety Code and NFPA 96. Areas not specifically addressed by the Life Safety Code and NFPA 96 and which are addressed by the Georgia State Minimum Standard Mechanical Code (International Mechanical Code), the Standard Mechanical Code shall be used as a supplement. (Effective January 1, 2002)

CHAPTER 7

FIRE-RESISTANCE-RATED CONSTRUCTION

SECTION 701

GENERAL

• Revise Section 701.1 to read as follows:

701.1 Scope. The requirements for and maintenance of fire-resistance- rated construction and requirements for enclosing floor openings and shafts shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Standard Building Code shall be used as a supplement. New construction shall comply with the Life Safety Code for establishing protection for vertical openings. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Standard Building Code shall be used as a supplement. (Effective January 1, 2002)

CHAPTER 8

INTERIOR FINISH, DECORATIVE MATERIALS AND FURNISHINGS

SECTION 801

GENERAL

• Add a new Section 801.2 to read as follows:

801.2 Scope. The State's minimum requirements for interior finishes shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Standard Building Code shall be used as a supplement. (Effective January 1, 2002)

CHAPTER 9

FIRE PROTECTION SYSTEMS

SECTION 903

AUTOMATIC SPRINKLER SYSTEMS

• Delete Section 903.1 in its entirely and substitute to read as follows:

903.1 General. The State's minimum requirements for fire sprinkler systems shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Standard Building Code shall be used as a supplement. (Effective January 1, 2002)

Exception: Fire sprinkler systems required by minimum construction requirements for height and area shall be established by the Standard Building Code. (Effective January 1, 2002)

SECTION 904

ALTERNATIVE AUTOMATIC FIRE-EXTINQUISHING SYSTEMS

• Delete Section 904.11 and substitute with the following:

904.11 Commercial cooking systems. The State's minimum requirements for commercial cooking systems shall be established by the Life Safety Code and NFPA 96. Areas not specifically addressed by the Life Safety Code and NFPA 96 and which are addressed by the Georgia State Minimum Standard Mechanical Code, the Standard Mechanical Code shall be used as a supplement. (Effective January 1, 2002)

SECTION 905

STANDPIPE SYSTEMS

• Delete Section 905.1 in its entirety and substitute with the following:

905.1 General. The State's minimum requirements for standpipes shall be established by the Georgia State Minimum Standard Building Code. Areas not specifically addressed by the Standard Building Code and which are addressed by the Life Safety Code or the Georgia State Minimum Standard Fire Prevention Code, the Life Safety Code and the Standard Fire Prevention Code shall be used as supplements. The requirements for occupant hoses have been eliminated in new and existing buildings subject to approval by the authority having jusidiction. (Effective January 1, 2002)

SECTION 906

PORTABLE FIRE EXTINGUISHERS

• Delete Section 906.2 and substitute with the following:

906.2 General Requirements. The State's minimum requirements for portable fire extinguishers shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code or the Georgia State Minimum Standard Fire Prevention Code, the Standard Building Code and the Standard Fire Prevention Code shall be used as supplements. (Effective January 1, 2002)

SECTION 907

FIRE ALARM AND DETECTION SYSTEMS

• Delete Section 907.1 and substitute with the following:

907.1 General. The State's minimum requirements for fire alarms shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code and the Georgia State Minimum Standard Fire Prevention Code, the Standard Building Code and the Standard Fire Prevention Code shall be used as supplements.

The State's minimum requirements for smoke detectors shall be established by the Life Safety Code except where they are specifically addressed by O.C.G.A. Title 25, Chapter 2. Areas not specifically addressed by the Life Safety Code or O.C.G.A. Title 25, Chapter 2 and which are addressed by the Georgia State Minimum Standard Building Code or the Georgia State Minimum Standard Fire Prevention Code, the Standard Building Code and the Standard Fire Prevention Code shall be used as supplements. (Effective January 1, 2002)

CHAPTER 10

MEANS OF EGRESS

SECTION 1001

GENERAL

• Delete Section 1001.1 and substitute with the following:

1001.1 Scope. The State's minimum requirements for means of egress and all components thereof shall be established by the Life Safety Code. Areas not specifically addressed by the Life Safety Code and which are addressed by the Georgia State Minimum Standard Building Code, the Standard Building Code shall be used as a supplement. Requirements of the Life Safety Code for smokeproof enclosures for exits from high rise buildings shall be maintained.

EXCEPTION: The State's minimum construction requirements for smokeproof enclosures shall be established by the Georgia State Minimum Standard Building Code. (Effective January 1, 2002)

CHAPTER 11

AVIATION FACILITIES

SECTION 1103

GENERAL PRECAUTIONS

• Delete Section 1103.5 and substitute with the following:

1103.5 Dispensing of flammable and combustible liquids. No dispensinng, transfer or storage of flammable or combustible liquids shall be permitted inside any building or structure.

EXCEPTIONS:

1. As provided in Chapter 34 - Flammable and Combustible Liquids.

2. When the procedures used follow the guidelines and requirements set forth in NFPA 410 - Standard on Aircraft Maintenance. (Effective January 1, 2002)

SECTION 1104

AIRCRAFT MAINTENANCE

• Delete Section 1104.1 and substitute with the following:

1104.1 Transferring flammable and combustible liquids. No dispensing, transfer or storage of flammable or combustible liquids shall be permitted inside any building or structure.

EXCEPTION:

Aircraft fuel systems maintenance conducted in accordance with NFPA 410 - Standard on Aircraft Maintenance. (Effective January 1, 2002)

SECTION 1107

HELISTOPS AND HELIPORTS

• Delete Section 1107.1 and substitute with the following:

1107.1 General. Helistops and heliports shall be maintained in accordance with Section 1107. Helistops and heliports on buildings or structures shall be constructed in accordance with the Georgia State Minimum Standard Building Code and the requirements as set forth in NFPA 418 - Standard for Heliports. (Effective January 1, 2002)

CHAPTER 22

SERVICE STATIONS AND REPAIR GARAGES

• Delete Sections 2204.3 through 2204.3.7 and substitute with the following:

2204.3 Unattended self-service stations. Unattended self-service stations shall comply with Chapter 120-3-11 of the Rules and Regulations of Georgia's Safety Fire Commissioner. (Effective January 1, 2002)

CHAPTER 27

HAZARDOUS MATERIALS - GENERAL PROVISIONS

SECTION 2701

GENERAL

• Delete Section 2701.1 and substitute with the following:

2701.1 Scope. The State's minimum requirements for the storage, handling, use and transportation of hazardous materials such as but not limited to flammable and combustible liquids, flammable gases, compressed gases, explosives, blasting agents, oxidizers, toxic gases, fireworks and cryogenic materials shall be established by the Rules and Regulations of the Safety Fire Commissioner. Areas not specifically addressed by the Rules and Regulations of the Safety Fire Commissioner but which are addressed by the Georgia State Minimum Standard Fire Prevention Code, the Standard Fire Prevention Code shall be used as a supplement. (Effective January 1, 2002)

CHAPTER 34

FLAMMABLE AND COMBUSTIBLE LIQUIDS

SECTION 3404

STORAGE

• Revise Section 3404.2.9.5.1 to add the following to the end of the paragraph:

3404.2.9.5.1 Locations where above-ground tanks are prohibited. and as established by Chapter 120-3-11 of the Rules and Regulations of the Safety Fire Commissioner. (Effective January 1, 2002)

SECTION 3406

SPECIAL OPERATIONS

• Revise Section 3406.4 to add the following to the end of the paragraph:

3406.4 Bulk plants or terminals. and as established in Chapter 120-3-11 of the Rules and Regulations of the Safety Fire Commissioner. (Effective January 1, 2002)

GEORGIA STATE MINIMUM STANDARD PLUMBING CODE (INTERNATIONAL PLUMBING CODE)

The STANDARD PLUMBING CODE (International Plumbing Code), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Plumbing Code.

THESE AMENDMENTS ARE TO BE USED IN ADDITION TO THOSE AMENDMENTS ADOPTED EFFECTIVE JANUARY 1, 2001. WHEN USED TOGETHER, THEY CONSTITUTE THE OFFICIAL GEORGIA STATE MINIMUM STANDARD PLUMBING CODE.

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

CODE REFERENCES:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard National Electrical Code respectively.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of ratings of plumbing equipment.

Scope

The provisions of the Georgia State Minimum Standard Plumbing Code shall apply to the erection, installation, alteration, replacement, repairs, relocation, addition to, use or maintenance of plumbing systems within the State of Georgia. The installation of fuel gas distribution piping and equipment, fuel gas-fired waterheaters, and waterheating venting systems shall be regulated by the National Fuel Gas Code.

REQUIREMENTS FOR BOILER/WATER HEATERS AND PRESSURE VESSELS

(a) The State's minimum requirements for Boiler/Water Heaters and Pressure Vessels, over 200,000 BTU (58.56kW), 210 degrees Fahrenheit, or 120 gallons capacity, shall be established by O.C.G.A. Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor. (Effective January 1, 2002)

• Revise the Standard Plumbing Code (International Plumbing Code), 2000 Edition, as follows:

CHAPTER 1

ADMINISTRATION

• Delete Chapter 1 without substitution. Chapter 1 to remain in the Code as a reference and guide for local governments in development of their own Administrative Procedures. (Effective January 1, 2002)

CHAPTER 3

GENERAL REGULATIONS

SECTION 305

PROTECTION OF PIPES AND PLUMBING SYSTEM

COMPONENTS

• Revise Section 305.6.1 to read as follows:

305.6.1 Sewer depth. Building sewers shall be a minimum of 6 inches (152.4 mm) below grade. (Effective January 1, 2002)

CHAPTER 5

WATER HEATERS

SECTION 502

INSTALLATION

• Revise Section 502.5, the second sentence to read as follows:

502.5 Water heaters installed in attics. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide to the water heater. (Remainder of section left unchanged). (Effective January 1, 2002)

SECTION 504

SAFETY DEVICES

• Delete Section 504.6.1 and substitute the following:

504.6.1 Discharge. The relief valve shall discharge full size to a safe place of disposal such as a concrete floor, outside the building, an indirect waste receptor, or other approved location. The discharge shall terminate in a manner that does not cause injury to occupants in the immediate area or structural damage to the building. The discharge pipe shall not be trapped. When the relief valve discharge piping goes upward a thermal expansion control device shall be installed on the cold water distribution or service pipe in accordance with Section 607.3.2 (GA. Amendments). Provisions shall be made at the low point to drain the trapped portion of the discharge pipe. (Effective January 1, 2002)

• Delete Section 504.7 and substitute the following:

504.7 Required pan. Water heaters or water storage tanks installed in attics, above ceilings, or similar remote locations where tank leakage will cause damage shall be installed in a galvanized steel pan having a minimum thickness of 24 gauge, or other pans approved for such use. (Effective January 1, 2002)

CHAPTER 6

WATER SUPPLY AND DISTRIBUTION

SECTION 605

MATERIALS, JOINTS, AND CONNECTIONS

• Add exception to item #4 that reads as follows:

605.9 Prohibited joints and connections.

#4. Saddle-type fittings.

EXCEPTION: Saddle-type fittings can be used to connect refrigerator ice makers to an existing residential unit water distribution system provided the manufacturers installation instructions for the distribution piping does not prohibit the use of saddle fittings. Saddle fittings can be used to install thermal expansion tanks to an existing residential unit water distribution system if approved by the manufacturer of the tank. (Effective January 1, 2002)

SECTION 608

PROTECTION OF POTABLE WATER SUPPLY

• Revise Section 608.16.5 to read as follows:

608.16.5 Connections to lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric type vacuum breaker, a pressure type vacuum breaker, a double check backflow prevention assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where interconnected chemical dispensers are used in conjunction with lawn irrigation systems, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. (Effective January 1, 2002)

GEORGIA STATE MINIMUM STANDARD GAS CODE

(International Fuel Gas Code)

SECTION 306

ACCESS AND SERVICE SPACE

• Revise the first sentence of Section 306.3 to read as follows:

306.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an opening and a clear and unobstructed passageway large enough to allow the removal of the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide to the appliance. (Effective January 1, 2002)

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of the 2000 CABO One and Two Family Dwelling Code with Georgia Amendments, the 2000 Standard Building Code with Georgia Amendments and the 2000 Standard Fire Prevention Code with Georgia Amendments and Georgia Amendments to the 2000 Standard Plumbing Code and 2000 Standard Gas Code, Effective January 1, 2002" adopted. F. Nov. 20, 2001; eff. Jan. 1, 2002, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.12 Adoption of the 2002 National Electrical Code with Georgia Amendments, the 2000 International Energy Conservation Code with Georgia Amendments and Georgia Amendments to the 2000 CABO One and Two Family Dwelling Code, 2000 Standard Building Code, 2000 Standard Plumbing Code, 2000 Standard Gas Code, Errata to the January 1, 2002 Amendments to the 2000 CABO 1 and 2 Family Dwelling Code and Errata to the January 1, 2002 Georgia Amendments to the 2000 Standard Building Code Amendments, Effective January 1, 2003

The Board of Community Affairs hereby adopts the following code editions and amendments as the Georgia State Minimum Standard Codes for Construction:

GEORGIA STATE MINIMUM STANDARD ELECTRICAL CODE

The National Electrical Code, 2002 Edition, published by the National Fire Protection Association, when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Electrical Code.

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

• Revise the National Electrical Code, 2002 Edition, as follows:

CHAPTER 2

WIRING AND PROTECTION

ARTICLE 210

Branch Circuits

210.8 Ground-Fault Circuit-Interrupter Protection for Personnel.

• Revise Article 210.8(B) to read as follows:

(B) Other Than Dwelling Units. All 125-volt, single-phase, 15- and 20-ampere receptacles installed in the locations specified in (1), (2), (3) and (4) shall have ground-fault circuit interrupter protection for personnel.

(1) Bathrooms

(2) Rooftops

(3) Kitchens

(4) Within 6 feet of a sink or basin, excluding those listed in Section 517.21.

Exception: Receptacles that are not readily accessible and are supplied from a dedicated branch circuit for electric snow-melting or deicing equipment shall be permitted to be installed in accordance with the applicable provisions of Article 426.

ARTICLE 220 Branch-Circuit, Feeder, and Service Calculations

III. Optional Calculations for Computing Feeder and Service Loads

220.30 Optional Calculation - Dwelling Unit

• Delete Section 220.30(C) Heating and Air Conditioning Load and substitute as follows:

(C) Heating and Air-Conditioning Load. The largest of the following five selections (load in kVA) shall be included:

(1) 100 percent of the nameplate rating(s) of the air conditioning and cooling including heat pump compressors.

(2) 100 percent of the nameplate rating(s) of electric thermal storage and other heating systems where the usual load is expected to be continuous at the full nameplate value. Systems qualifying under this selection shall not be calculated under any other selection in 220.30(C).

(3) 65 percent of the nameplate rating(s) of the total central electric space heating including heat pump compressors. If the heat pump compressor is prevented from operating at the same time as the supplementary heat, it does not need to be added to the supplementary heat for the total central space heat load.

(4) 65 percent of the nameplate rating(s) of electric space heating if less than four separately controlled units.

(5) 40 percent of the nameplate rating(s) of electric space heating if four or more separately controlled units.

ANNEX D EXAMPLES

Example D2(c) Optional Calculation for One-Family Dwelling with Heat Pump (Single-Phase, 240/120-Volt Service)

(see 220.30)

• Revise parts of Example D2(c) to read as follows:

15-kW Electric Heat:

5760 VA + 15,000 VA = 20,760 VA or = 20.76 Kva

20.76 kVA x 65% = 13.49 kVA

• If supplementary heat is not on at same time as heat pump, heat pump kVA need not be added to total.

Totals

Net general load 19,280

VA Heat pump and supplementary heat 13,490 VA

Total 32,770 VA

Calculated Load for Service

32.77 kVA × 1000 + 240 V = 136.5 A

Therefore, this dwelling unit would be permitted to be served by a 150-A service.

Members serving on the Georgia Energy Code Task Force

Jim Vaseff, AIA, Task Force Chairman Community & Economic Development Georgia Power Company Morgan Wheeler, CBO, Vice Chairman Building Official Walton County

Mike Barcik Director of Technical Services The Southface Energy Institute Jack Cantrell Home Builders Association of Georgia

Tom J. Carty Building Official Peachtree City Building Department R.A. ''Dick'' Edwards Consultant

Leo Goebel, FMA Facilities Manager and CB Richard Ellis David D. Lovich, P.E. Manager, Codes, Standards Technical Services Owens Corning Corp.

Matthew Tibbs, P.E. Advanced Engineering Solutions

Georgia Department of Community Affairs Office of Coordinated Planning Building Codes Section Ted Miltiades, Manager Wayne DuBose, Consultant Michael Lindsey, Consultant Bill Towson, Jr., Consultant

FOREWORD

The International Energy Conservation Code, 2000 Edition, published by the International Codes Council and the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Supplements and Amendments, shall constitute the official Georgia State Energy Code for Buildings. For high-rise and non-residential structures, the International Energy Conservation Code adopts by reference American Society of Heating, Refrigerating, and Air Conditioning Engineers (ANSI/ASHRAE/IESNA) Standard 90.1-2001.

INTRODUCTION

This document supplements and amends The International Energy Conservation Code (IECC), 2000 Edition. In cases where there are differences between these "Supplements and Amendments" and the IECC, or with ANSI/ASHRAE/IESNA Standard 90.1-2001, these "Supplements and Amendments" shall take precedence.

Each Chapter of this document associates directly with the corresponding chapter of the IECC.

• Chapter 1: Administration and Enforcement.

• Chapter 2: Definitions.

• Chapter 3: Establishes the design criteria of the entire state of Georgia and defines the five climate zones. The climate zones establish the design conditions for use with chapters 4, 5, 6 and 8.

• Chapter 4: Pertains to residential building design by systems analysis, as well as the use of renewable resources such as wind, solar, geothermal, etc. Chapter 4 has only one amendment, 402.1.3.1.4, which establishes 0.40 as the minimum Solar Heat Gain Coefficient (SHGC) for all Climate Zones in Georgia.

• Chapter 5: Residential compliance by designed component1 performance, thereby analyzing the total building for compliance one component at a time. Assuming each individual component of the building meets the thermal requirements of the code then the entire building is deemed to comply. This chapter offers the use of "Tradeoffs" to achieve compliance by allowing the builder to substitute or "trade-off" values between building components. A properly executed "Georgia Trade-off Worksheet"2 or the use of appropriate computer software such as MECcheck3 may be used to validate any trade-off.

• Chapter 6: Offers prescriptive compliance via the Single Step Compliance Method by selecting an option directly from the charts in the correct climate zone. The values from the option show the minimum requirements for each component of a residential structure for the specific climate zone.

• Chapter 7: Pertains to building design for all commercial buildings, except those that comply with Chapter 8, the Single Step Compliance for Simple Commercial Buildings or appropriate computer software such as COMcheck4 may be used to validate compliance.

• Chapter 8: Pertains to design by acceptable practice for commercial buildings. Where differences between this document and the IECC, or ANSI/ASHRAE/IESNA Standard 90.1-2001 are noted, this document shall take precedence.

• Chapter 9: Pertains to reference standards, Figure 9-1, F2-Values for Slab-on-Grade and Figure 9-2, Group R Buildings, A-1 and A-2 Component R values/U factors.

• Appendix: Existing Appendix becomes "Appendix A" and adds a new Appendix B with updated Prescriptive methods and Trade-off methods to demonstrate compliance; including new Prescriptive Single Step Compliance Tables for most commercial buildings.

SUMMARY

In summary, Chapters 4, 5 and 6 offer different methods to achieve code compliance for low-rise residential construction and Chapters 7 and 8 offer different methods to achieve code compliance on commercial and high-rise residential construction. Appendix B provides additional prescriptive methods of showing compliance, some simple methods and forms to calculate and demonstrate compliance and some illustrations to help understand the code requirements. Individual structures should be addressed by a compliance method from a single chapter approach and not by a combination of compliance methods. The "basic requirements" of the IECC apply to all compliance methods.

Please note, the maximum 0.40 Solar Heat Gain Coefficient (SHGC) and maximum 0.65 U-factor required for residential windows 5 in this document shall become effective January 1, 2004. For the period of January 1, 2003 to December 31, 2003, the "Single Step" Residential Energy Code Compliance packages6 may be used to determine code compliance by disregarding the 0.40 SHGC requirement.

In dealing with the energy conservation requirements promulgated by this code, discussion of insulation R-values and component U-factors may appear to overshadow the matter of controlling air infiltration. Air infiltration accounts for substantial heat loss, heat gain, and moisture migration in a building. Proper sealing around all doors, windows, and other envelope penetrations through the walls, ceiling and foundations is as important to code compliance as is the installation of the proper R-value in a component. Proper sealing shall be done by the builder and inspected by the Building Official or Building Inspector.

It is not the intention of this code to abridge safety or health. There may be cases where conflicts occur between this code and other codes that are mandatory within the state. Provided safety, health, or environmental requirements under other applicable codes are not abridged, this code shall be enforced as written.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

Change all references from ASHRAE/IESNA 90.1-1999 to ANSI/ ASHRAE/IESNA 90.1-2001 respectively.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

1. The word "component" for purposes of this code is defined as being a particular segment of a building such as a wall, ceiling, or floor. Hence, the terms wall component or ceiling component.

2. See Appendix B for "Georgia Trade-Off Worksheet".

3. MECcheck is a computer program developed by Pacific Northwest National Laboratories for the U.S. Department of Energy to help demonstrate compliance with the IECC. Information on obtaining this program software can be obtained by calling 800/270-CODE or by downloading free of charge from the Internet at www.energycodes.gov.

4. COMcheck is a computer program developed by Pacific Northwest National Laboratories for the U.S. Department of Energy to help demonstrate compliance with the IECC. Information on obtaining this program software can be obtained by calling 800/270-CODE or by downloading free of charge from the Internet at www.energycodes.gov.

5. As referenced by Chapters 5 and 6, these do not apply in a Chapter 4 compliance analysis.

6. See Appendix B for "Single-Step" Residential Energy Code Compliance packages.

• Revise the Georgia State Energy Code (International Energy Conservation Code), 2000 Edition, as follows:

CHAPTER 1

ADMINISTRATION AND ENFORCEMENT

SECTION 101

SCOPE AND GENERAL REQUIREMENTS

• Delete the following sections from Chapter 1 without substitution.

Section 101.1

Title Section 101.4.2.4 Change in occupancy

(Effective January 1, 2003)

SECTION 102

MATERIALS, SYSTEMS AND EQUIPMENT

• Revise Section 102.5.2 Fenestration product rating, certification and labeling, 2nd paragraph to read as follows:

Section 102.5.2 Fenestration product rating, certification and labeling.

When a manufacturer has not determined product U-factor in accordance with NFRC 100 for a particular product line, compliance with the building envelope requirements of this code shall be determined by assigning and labeling such products a default U-factor in accordance with tables 102.5.2(1) and 102.5.2(2). When A SHGC or shading coefficient is used for code compliance and a manufacturer has not determined product SHGC in accordance with NFRC 200 for a particular product line, compliance with the building envelope requirements of this code shall be determined by assigning and labeling such products with a default SHGC in accordance with Table 102.5.2(3). Product features shall be verified for the product to qualify for default value associated with those features. Where the existence of a particular feature cannot be determined with reasonable certainty, the product shall not receive credit for that feature. Where a composite of materials from two different product types is used, the product shall be assigned the higher U-factor. The default labels shall clearly indicate:

1. The manufacturer's/assembler's name.

2. "DEFAULT VALUES"' taken from Tables 102.5.2(1), 102.5.2(2) and 102.5.2(3).

3. The manufacturer's/assembler's certification that it has selected the appropriate default value for the product. (Effective January 1, 2003)

SECTION 104

CONSTRUCTION DOCUMENTS

• Delect Section 104 Construction documents without substitution.

(Effective January 1, 2003)

SECTION 105

INSPECTIONS

• Delete Section 105 Inspections without substitution.

(Effective January 1, 2003)

CHAPTER 2

DEFINITIONS

SECTION 202

GENERAL DEFINITIONS

• Revise Section 202 General Definitions to read as follows:

THERMAL CONDUCTANCE. Timed rate of heat flow through a body (frequently per unit area) from one of its bounding surfaces to the other for a unit temperature difference between the two surfaces, under steady conditions (Btu/H × ft2 °F) [W/(m2 ×K)]. The insulation shall be stabilized (aged) prior to testing for Thermal Conductance.

THERMAL RESISTANCE (R). The reciprocal of thermal conductance (H × ft2 ×°F/Btu) [(m2 × K)/W]. All R-values shall be stabilized (aged) R-values.

(Effective January 1, 2003)

• Revise Section 202 General Definitions to add a new definition to read as follows:

ATTIC KNEE WALL. Any vertical or near-vertical wall in the building envelope that has conditioned space on one side and unconditioned attic space on the other side. If the envelope features the insulation installed along the sloped ceiling, the vertical wall is considered an interior wall and thus does not require insulation. (Effective January 1, 2003)

CHAPTER 3

DESIGN CONDITIONS

SECTION 301

DESIGN CRITERIA

• Delete Section 301.1 General and substitute the following:

301.1 General. The criteria of this chapter and Figure 302.1(11) establish the design conditions for use with Chapters 4, 5, 6 and 8.

(Effective January 1, 2003)

SECTION 302

THERMAL DESIGN PARAMETERS

• Revise Table 302.1 EXTERIOR DESIGN CONDITIONS, footnote "b" to read as follows:

b. The degree-days heating base (HDD) (base 65° F) and cooling base (CDD) (base 65° F) shall be Climate Zones per Figure 302.1(11). For purposes of determining HDD, the following shall be used: Climate Zone 4B - 1999 HDD; Climate Zone 5A - 2499 HDD; Climate Zone 6B - 2999 HDD; Climate Zone 7A - 3499 HDD; and Climate 8 - 3999 HDD. Approved software that is based on specific city or county HDD or CDD shall be acceptable to show Energy Code compliance. (Effective January 1, 2003)

CHAPTER 4

RESIDENTIAL BUILDING DESIGN BY SYSTEMS ANALYSIS AND DESIGN OF BUILDINGS UTILIZING RENEWABLE ENERGY SOURCES

SECTION 404

SYSTEMS ANALYSIS

• Revise Section 402.1.3.1.4 Fenestration system solar heat gain coefficient, Standard design to read as follows:

402.1.3.1.4 Fenestration system solar heat gain coefficient, Standard design. The fenestration system solar heat gain coefficient (SHGC), inclusive of framed sash and glazing area, of the glazing systems in the Standard design shall be 0.40 during periods of mechanical heating and cooling operation. These fenestration system SHGC values shall be multiplied together with (added in series to) the interior shading values as specified in Section 402.1.3.1.5 to arrive at an overall solar heat gain coefficient for the installed glazing. This requirement shall have a delayed implementation date of January 1, 2004. (Effective January 1, 2003)

CHAPTER 5

RESIDENTIAL BUILDING DESIGN BY COMPONENT PERFORMANCE APPROACH

SECTION 502

BUILDING ENVELOPE REQUIREMENTS

• Revise Section 502.1.3 Recessed lighting fixtures to delete requirement No. 2 without substitution.

(Effective January 1, 2003)

• Delete Section 502.1.5 Fenestration solar heat gain coefficient and substitute the following:

Section 502.1.5 Fenestration solar heat gain coefficient. In all Georgia climate zones (4B through 8), the combined solar heat gain coefficient (the area-weighted average) of all glazed fenestration products (including the effects of any permanent exterior solar shading devices) in the building shall not exceed 0.40. This requirement shall have a delayed implementation date of January 1, 2004. (Effective January 1, 2003)

• Revise Table 502.2 Heating and Cooling Criteria, footnotes "a" and "d" to read as follows:

a. Values shall be determined by using the graphs [Figures 502.2(1), 502.2(2), 502.2(3), 502.2(4), 502.2(5) and 502.2(6)] and HDD as specified in Section 302. The minimum insulation R-values shall be: Attic knee walls, R-19; Cavity walls, R-11; Mass walls, R-5; Roofing/ceiling, R-19; Floors over unheated spaces, R-11; Basement walls, R-5; and Crawl space walls, R-5. Maximum window U-factor shall be 0.65. This window requirement shall have a delayed implementation date of January 1, 2004.

d. Slab edge insulation shall not be used for unheated slabs in Georgia. (Effective January 1, 2003)

• Delete Section 502.2.4 Compliance by prescriptive specification on an individual component basis and substitute the following:

Section 502.2.4 Compliance by prescriptive specification on an individual component basis. For buildings with fenestration less than or equal to 15 percent, 18 percent, 25 percent, or 30 percent (Type A-1 residential buildings) or 25 percent (Type A-2 residential buildings) of the gross exterior wall area, the thermal resistance of insulation applied to the opaque building envelope components shall be greater than or equal to the minimum R-values, and the thermal transmittance of all fenestration assemblies shall be less than or equal to the maximum U-factors shown in Tables 502.2.4(1), 502.2.4(2), 502.2.4(3), 502.2.4(4) or 502.2.4(5) as applicable. Sections 502.2.4.1 through 502.2.4.12 and 502.2.4.15 through 502.2.4.17 shall apply to the use of these tables.

(Effective January 1, 2003)

• Delete Tables 502.2.4(1) through 502.2.4(9) in their entirety and substitute the following:

(Effective January 1, 2003)

• Delete Section 502.2.4.4 Window area, exempt and substitute the following:

502.2.4.4 Window area exempt. Five (5) percent of the total window area computed under Section 502.2.4.3 shall be exempt from the "Glazing U-factor" and Solar Heat Gain Coefficient (SHGC) requirements.

(Effective January 1, 2003)

• Delete Sections 502.2.4.13 and 502.2.4.14 without substitution.

(Effective January 1, 2003)

• Delete Section 502.2.4.15 Fenestration solar heat gain coefficient and substitute the following:

502.2.4.15 Fenestration solar heat gain coefficient. In all Georgia climate zones (4B through 8), fenestration products shall also meet the requirements of Section 502.1.5. This window requirement shall have a delayed implementation date of January 1, 2004. (Effective January 1, 2003)

• Revise Section 502.2.5 Prescriptive path for additions and window replacements to read as follows:

502.2.5 Prescriptive path for additions and window replacements. As an alternative to demonstrating compliance with Section 402 and 502.2, additions with a conditioned floor area less than 500 square feet (46.5 m2) to existing single-family residential buildings and structures shall meet the prescriptive envelope component criteria in Table 502.2.5 for the designated Climate Zones applicable to the location. The U-factor of each individual fenestratiion product (windows, doors and skylights) shall be used to calculate an areaweighted average fenestration product U-factor for the addition, which shall not exceed the applicable listed values in Table 502.2.5. For additions, the total area of fenestration products shall not exceed 40 percent of the gross wall and roof area of the addition. The R-values for opaque thermal envelope components shall be equal to or greater than the applicable listed values in Table 502.2.5. Replacement fenestration products (where the entire unit, including the frame, sash and glazing, is replaced) shall meet the prescriptive fenestration U-factor criteria in Table 502.2.5 for the designated Climate Zones applicable to the location. Fenestration products used in additions and as replacement windows in accordance with this section shall also meet the requirements of Section 502.1.5 in all Georgia climate zones (4B through 8).

Remaining exception unchanged.

(Effective January 1, 2003)

• Delete Table 502.2.5 in its entirety and substitute the following:

(Effective January 1, 2003)

CHAPTER 6

SIMPLIFIED PRESCRIPTIVE REQUIREMENTS FOR RESIDENTIAL BUILDINGS, TYPE A-1 AND A-2

SECTION 601

GENERAL

• Revise Section 601.2.1 Residential Buildings, Type A-1 to read as follows:

601.2.1 Residential Buildings, Type A-1. Compliance for Type A-1 residential buildings shall be demonstrated by either:

1. Meeting the requirements of this chapter for buildings with a fenestration area that does not exceed 18 percent of the gross area of exterior walls; or

2. Meeting the requirements of Chapter 4, or Chapter 5 for Type A-1 residential buildings; or

3. Meeting one of the Climate Zone "Single Step Compliance" Tables; or

4. Georgia Tradeoff Worksheet with Window Takeoff worksheet, and if applicable the R-value of Wood Stud Walls Worksheet and/or R-value of Steel Stud Wall Worksheet; or

5. Documentation from an approved software program.*

• Note: MECcheck is an approved software program. MECcheck may be downloaded free of charge from www.energycodes.gov . (Effective January 1, 2003)

• Revise Section 602.1 Thermal performance criteria to read as follows:

602.1 Thermal performance criteria. The minimum required insulation R-value or maximum required U-factor for each element in the building thermal envelope (fenestration, roof/ceiling, opaque wall, floor, slab edge, crawl space wall and basement wall) shall be in accordance with the criteria in Table 602.1.

Type A-1 residential buildings, with greater than 18-percent glazing area, Type A-2 residential buildings, with greater than 25-percent glazing area shall determine compliance using the building envelope requirements of Chapter 4 or Chapter 5. Remaining sub-sections unchanged.

(Effective January 1, 2003)

• Revise Table 602.1 to read as follows:

(Effective January 1, 2003)

• Delete Section 602.2 Maximum solar heat gain coefficient for fenestration and substitute the following:

602.2 Maximum solar heat gain coefficient for fenestration. In all Georgia climate zones (4B through 8), the area-weighted-average solar heat gain coefficient (SHGC) for glazed fenestration installed in the building envelope shall not exceed 0.40. This requirement shall have a delayed implementation date of January 1, 2004. (Effective January 1, 2003)

CHAPTER 7

BUILDING DESIGN FOR ALL COMMERCIAL BUILDINGS

SECTION 701

SCOPE

• Revise Section 701.1 General as follows:

701.1 General. Commercial Buildings shall meet the requirements of ANSI/ASHRAE/IESNA 90.1-2001. Remaining text unchanged.

(Effective January 1, 2003)

• Add new Section 701.2 Minimum commercial building thermal component requirements and Table 701 to read as follows:

701.2 Minimum commercial building thermal component requirements. Table 701 lists the minimum thermal envelope requirements that shall be met on all commercial buildings for roofs, walls, and glazed fenestration.

(Effective January 1, 2003)

CHAPTER 8

DESIGN BY ACCEPTABLE PRACTICE FOR COMMERCIAL BUILDINGS

SECTION 801

SCOPE

• Revise Section 801.2 as follows:

801.2 Application. The requirements in Sections 802, 803, 804, and 805 shall each be satisfied on an individual basis. Where one or more section(s) is not satisfied, compliance for that section(s) shall be demonstrated in accordance with the applicable provisions of ANSI/ASHRAE/IESNA 90.1-2001.

Existing exception unchanged.

(Effective January 1, 2003)

CHAPTER 802

BUILDING ENVELOPE REQUIREMENTS

• Revise Section 802.1 as follows:

802.1 General. Walls, roof assemblies, floors, glazing, and slabs on grade which are part of the building envelope for buildings where the window and glazed door area is not greater than 50 percent of the gross area of above-grade walls shall meet the requirements of Sections 802.2.1 through 802.2.8, as applicable. Buildings with more glazing shall meet the applicable provisions of ANSI/ASHRAE/ IESNA 90.1-2001.

Remaining text unchanged.

(Effective January 1, 2003)

• Revise Section 802.2 as follows:

802.2 Criteria. The building envelope components shall meet each of the applicable requirements in Tables 802.2(1), 802.2(2), 802.2(3) and 802.2(4), based on the percentage of wall that is glazed. The percentage of wall that is glazed shall be determined by dividing the aggregate area of rough openings for glazing (windows and glazed doors) in all the above grade walls associated with the building envelope by the total gross area of all above grade exterior walls that are a part for the building envelope. In buildings with multiple types of building envelope construction, each building envelope construction type shall be evaluated separately. Where Tables 802.2(1), 802.2(2), 802.2(3) and 802.2(4) do not list a particular construction type, the applicable provisions of ANSI/ASHRAE/IESNA 90.1- 2001. shall be used in lieu of Section 802. Remaining text unchanged.

(Effective January 1, 2003)

• Add new Section 802.3.3 to read as follows:

803.3.3 Dampers integral to the building envelope. Stair, elevator shaft vents, and other dampers integral to the building envelope shall be equipped with motorized dampers with a maximum leakage rate of 3 cfm/ft2 at 1.0 in w.g. (250 Pa) when tested in accordance with AMCA 500. Such dampers shall be closed during normal building operation and shall open as required by fire and smoke detection systems.

Exception: Gravity (non-motorized) dampers are permitted to be used in buildings less than three stories in height above grade.

(Effective January 1, 2003)

• Add new Section 802.3.4 to read as follows:

802.3.4 Loading dock weatherseals. Cargo doors and loading dock doors shall be equipped with weatherseals to resist infiltration when vehicles are parked in the doorway. (Effective January 1, 2003)

• Add new Section 802.3.5 to read as follows:

802.3.5 Vestibules. A door that separates conditioned space from the exterior shall be protected with an enclosed vestibule, with all doors opening into and out of the vestibule equipped with self-closing devices. Vestibules shall be designed so that in passing through the vestibule it is not necessary for the interior and exterior doors to open at the same time.

Exceptions:

1. Buildings in Climate Zone 1A through 4B as indicated in Table 302.1.

2. Doors not intended to be used as a building entrance door, such as mechanical or electrical equipment rooms.

3. Doors opening directly from a dwelling unit.

4. Doors that open directly from a space less than 3,000 ft2 (298 m2) in area.

5. Revolving doors.

6. Doors used primarily to facilitate vehicular movement or material handling and adjacent personnel doors.

(Effective January 1, 2003)

• Add new Section 802.3.6 to read as follows:

802.3.6 Recessed Lighting Fixtures. When installed in the building envelope, recessed lighting fixtures shall meet one of the following requirements:

1. Type IC rated, manufactured with no penetrations between the inside of the recessed fixture and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space.

2. Type IC rated, in accordance with ASTM E 283 no more than 2.0 cubic feet per minute (cfm) (0.994 L/s) air movement from the conditioned space to the ceiling cavity. The lighting fixture shall be tested at 1.57 psi (75 Pa) pressure difference and shall be labeled. (Effective January 1, 2003)

SECTION 803

BUILDING MECHANICAL SYSTEMS

• Revise Section 803.2.6 as follows:

803.2.6 Cooling with Outdoor air. Each system over 65,000 Btu/h (19 KW) cooling capacity located in other than Climate Zones 1, 2, 3b, 5a, or 6b as shown in Table 302.1 shall have an economizer that will automatically shut off the cooling system and allow all of the supply air to be provided directly from outdoors.

Economizers shall be capable of operating at 100% outside air, even if additional mechanical cooling is required to meet the cooling load of the building. Where a single room or space is supplied by multiple air systems, the aggregate capacity of those systems shall be used in applying this requirement.

Exceptions:

1. Where the cooling equipment is covered by the minimum efficiency requirements of Table 803.2.2(1) or 803.2.2(2) and meets the efficiency requirements of Table 803.2.6.

2. Systems with air or evaporatively cooled condensers and which serve spaces with open case refrigeration or that require filtration equipment in order to meet the minimum ventilation requirements of Chapter 4 of the ICC International Mechanical Code.

3. Systems under 135,000 Btu/h (40 KW) cooling capacity in Climate Zones 3c, 5b, 7, 13b, and 14. (Effective January 1, 2003)

• Revise Section 803.3.2 as follows:

803.3.2 HVAC equipment performance requirements. Equipment shall meet the minimum efficiency requirements of Tables 803.2.2(1) through 803.2.2(6) and Table 803.2.2(5), when tested and rated in accordance with the applicable test procedure. The efficiency shall be verified through certification under an approved certification program, or if no certification program exists, the equipment efficiency ratings shall be supported by data furnished by the manufacturer. Where multiple rating conditions and/or performance requirements are provided, the equipment shall satisfy all stated requirements. Where components, such as indoor or outdoor coils, from different manufacturers are used, calculations and supporting data shall be furnished by the designer that demonstrate the combined efficiency of the specified components meets the requirements herein.

Where unitary or prepackaged equipment is used in a complex HVAC system and is not covered by Section 803.3.2, the equipment shall meet the applicable requirements of Section 803.2.2.

Exception:

Equipment listed in Table 803.2.2(2) not designed for operation at ARI standard test conditions of 44° F (7° C) leaving chilled water temperature and 85° (29° C) entering condenser water temperature shall have a minimum full load COP and IPLV rating as shown in Tables 803.3.2(3) through 803.3.2(5) as applicable. The table values are only applicable over the following full load design ranges:

1. Leaving Chilled Water Temperature: 40 to 48° F (4 C to 9° C).

2. Entering Condenser Water Temperature: 75 to 85° F (24 C to 29° C). Chillers designed to operate outside of these ranges are not covered by this code. Condensing Water Temperature Rise: 5 to 15° F (-15 to -9° C). (Effective January 1, 2003)

• Delete Tables 803.2.2(1) through 803.2.2(5) and substitute to read as follows and add the following new Tables 803.3.2(1) through 803.3.2(3):

(Effective January 1, 2003)

• Revise Section 803.3.3.5 as follows:

803.3.3.5 Economizers. Economizers shall be provided on each system over 65,000 Btu/h (19 kW) cooling capacity in accordance with Section 803.2.6.

Exceptions:

Water economizers that are capable of cooling supply air by direct and/or indirect evaporation and providing up to 100% of the expected system cooling load at outside air temperatures of 50° F (10° C) dry bulb/45° F (7.2° C) wet bulb and below.

Systems under 135,000 Btu/h (40 kW) cooling capacity in Climate Zones 3c, 5b, 7, 13b, and 14.

(Effective January 1, 2003)

• Add new Section 803.3.3.8 to read as follows:

803.3.3.8 Heat rejection equipment fan speed control. Each fan powered by a motor of 7.5 hp (5.6 kW) or larger shall have the capability to operate that fan at two-thirds of full speed or less, and shall have controls that automatically change the fan speed to control the leaving fluid temperature or condensing temperature/pressure of the heat rejection device.

Exception: Factory-installed heat rejection devices within HVAC equipment tested and rated in accordance with Tables 803.3.2(1) through 803.3.2(3).

(Effective January 1, 2003)

• Delete Section 803.3.4.1 Temperature reset for air systems without substitution. (Effective January 1, 2003)

SECTION 805

LIGHTING SYSTEMS

• Revise Section 805.2 as follows:

805.2 Lighting controls. Lighting systems shall be provided with controls as required in Sections 805.2.1, 805.2.2, and 805.2.3.

(Effective January 1, 2003)

• Add new Section 805.2.3 to read as follows:

805.2.3 Additional controls. Each area that is required to have a manual control shall have additional controls that meet the requirements of Sections 805.2.3.1, 805.2.3.2, or 805.2.3.3.

Exceptions:

1. Areas that have only 1 luminaire.

2. Areas that are controlled by an occupant-sensing device.

3. Corridors, storerooms, restrooms, or public lobbies. (Effective January 1, 2003)

• Add new Sections 805.2.3.1, 805.2.3.2 and 805.2.3.3 as follows:

805.2.3.1 Bi-level Switching. Each area less than 250 ft2 (23 m2) that is required to have a manual control shall also allow the occupant to reduce the connected lighting load in a reasonably uniform illumination pattern by at least 50 percent.

Exceptions:

1. Areas that have only one luminaire.

2. Areas that are controlled by an occupant-sensing device.

3. Corridors, storerooms, restrooms, or public lobbies.

4. Guest rooms.

805.2.3.2 Automatic lighting shutoff. Buildings larger than 5,000 ft2 shall be equipped with an automatic control device to shut off lighting in all spaces. This automatic control device shall function on either:

1. A scheduled basis, using time-of-day, with an independent program schedule that controls the interior lighting in areas that do not exceed 25,000 ft2 and are not more than one floor, or

2. An unscheduled basis by occupant intervention.

805.2.3.3 Guest rooms. Guest rooms in hotels, motels, boarding houses, or similar buildings shall have at least one master switch at the main entry door that controls all permanently wired lighting fixtures and switched receptacles, except those in the bathroom(s). Suites shall have a control meeting these requirements at the entry to each room or at the primary entry to the suite.

(Effective January 1, 2003)

CHAPTER 9

REFERENCED STANDARDS

Revise Chapter 9 to add the following:

ANSI/ASHRAE/IESNA 90.1-2001 Energy Standard for Buildings except Low-Rise Residential Buildings

ASHRAE-2001 Handbook Fundamentals

NEMA TP1-1996 Guide for Determining Energy Efficiency for Distribution Transformers

NEMA TP2-1998 Standard Test Method for Measuring the Energy Consumption of Distribution Transformers

NEMA TP3-2000 Standard for the Labeling of Distribution Transformer Efficiency

Remaining text unchanged.

(Effective January 1, 2003)

• Add Figure 9-1 F2-values for Slab-on-Grade Perimeter Insulation and Figure 9-2 Component Performance Table to read as follows:

(Effective January 1, 2003)

APPENDIX

• Revise Appendix to read as follows:

Change all references for existing Appendix to "Appendix A".

• Add new Appendix B to read as follows:

APPENDIX B

Throughout this Appendix there is information that may be helpful in meeting and understanding the Georgia State Energy Code. In cases of conflict, refer to the 2000 International Energy Conservation Code for clarification.

CHECKLIST

Wood Framing

Low Rise Residential Use

To be filled out by permit applicant and presented to Building Department at time permit is requested. A copy will be available at the job site for CEO (Code Enforcement Officers) review.

WINDOW PRODUCT RATING, CERTIFICATION, AND LABELING

The Georgia Energy Code, Section 102.5.2 requires that fenestration products, (window, glass door and skylight) shall be labeled with its U-factor and Solar Heat Gain Coefficient (SHGC). Fenestration products' U-factor and SHGC shall be determined by an accredited, independent laboratory in accordance with NFRC 100 for Ufactor and NFRC 200 for SHGC, or from default values from Table 102.5.2(1) for U-factor and Table 102.5.2(3) for SHGC. Manufacturers that label their products with NFRC U-factors and SHGCs shall either use an NFRC label (see sample NFRC label below) or a label of their own design. The label shall list as a minimum: U-factor, SHGC, frame type, number of panes of glazing, whether the window is fixed or operable, and the type of glazing tint, if present. The label shall contain the words "Meets Thermal Break Criteria" if the product claims a U-factor based on a thermal-break product.

National Fenestration Rating Council (NFRC) - U-factor and SHGC

Below is a sample window label of NFRC-determined energy performance values that code officials should look for during inspections:

Note: This sample window label also contains "Visible Transmittance" (VT) performance values. The Georgia Energy Code does not establish minimum requirements for VT, but this and other information that might be useful to builders, designers, consumers, and others (like air leakage rates) may also be present on labels used by some manufacturers.

Default U-factor and SHGC

If NFRC 100 or NFRC 200 are not used to determine product Ufactor and SHGC, then manufacturers shall obtain default values from Table 102.5.2(1) for U-factor and Table 102.5.2(3) for SHGC and label the product with a "Default Window Label." Manufacturers or assemblers shall label their products with default U-factors and SHGCs, for example, site built and shop assembled windows without NFRC labels, shall follow the format of the sample default label below. This label shall list as a minimum: Default U-factor from Table 102.5.2(1), Default SHGC from Table 102.5.2(3), frame type, number of panes of glazing, whether the window is fixed or operable, and the type of glazing tint, if present. The label shall contain the words,"Meets Thermal Break Criteria" if the product claims a U-factor based on a thermal-break product:

<<Sample Window Label of DEFAULT

Energy Performance Values>>

Table 502.2.3.1(1b)

Wall R-value 35/8'' Steel Stud 16'' OC (Insulation plus sheathing)

"Single-Step" Residential Energy Code Compliance Climate Zone 4B - South Georgia - Option 4B-1

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

1. Your building shall be a one or two family detached dwelling built using wood framing.

2. Your building is three stories or less in height and not larger than 5,000 square feet of conditioned area.

3. Your building site must be located in Climate Zone 4B, as shown in the IECC 2000 Figure 302.1(11), an area of the state where the climatic conditions of approximately 2,000 Heating Degree Days or less apply.

4. You shall not make any substitutions of any kind for R-values/ U-factors listed below.

5. Your window and door openings shall not exceed 18 percent of the gross wall area.

6. You shall comply with code requirements for envelope air sealing including all air tight, I.C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

7. Equipment minimum efficiencies shall be observed: Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0;

Heat pump: HSPF 6.8; other (explain) _________________

% Openings in gross area of exterior wall1 18% Max.

Doors U-factor 0.55 Max.

Windows, Double Pane, U-factor2 0.65 Max.

Solar Heat Gain Coefficient (SHGC)2 0.40 Max.

Ceiling insulation3 R-30

Wall cavity insulation R-13

Knee Wall insulation R-19

Wall Sheathing4 Plywood/OSB

Floor insulation R-11

Basement Masonry wall insulation R-5

Slab Perimeter insulation5 R-0

---

1. "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 × (windows + doors) / (opaque walls + windows + doors).

2. Up to 5% of the window area may be exempt from meeting the window U-factor and SHGC requirements to allow for decorative glazing.

3. Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area and provided that the flat portions of the ceiling are insulated to R-30.

4. Insulating values for plywood, OSB or other structural sheathing are already accounted for in the approach. Garage walls may be R-13 cavity insulation with gypsum on both sides.

5. Unheated slabs.

All R-values shall be printed on the actual insulation and be stabilized R-values all Windows shall have labels listing U-factor, SHGC, and Key Features

Foam Plastics shall not be installed below grade on foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in South Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as the Tradeoff Worksheet or the free MECcheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit.

"Single-Step" Residential Energy Code Compliance Climate Zone 5A - South Central Georgia - Option 5A-1

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

1. Your building shall be a one or two family detached dwelling built using wood framing.

2. Your building is three stories or less in height and not larger than 5,000 square feet of conditioned area.

3. Your building site must be located in Climate Zone 5A, as shown in the IECC 2000 Figure 302.1(11), an area of the state where the climatic conditions of approximately 2,500 Heating Degree Days or less apply.

4. You shall not make any substitutions of any kind for R-values/ U-factors listed below.

5. Your window and door openings shall not exceed 18 percent of the gross wall area.

6. You shall comply with code requirements for envelope air sealing including all air tight, I.C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

7. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0;

Heat pump: HSPF 6.8; other (explain) ______________

% Openings in gross area of exterior wall1 18% Max.

Doors U-factor 0.55 Max.

Windows, Double Pane, U-factor2 0.60 Max.

Solar Heat Gain Coefficient (SHGC)2 0.40 Max.

Ceiling insulation3 R-30

Wall cavity insulation R-13

Knee Wall insulation R-19

Wall Sheathing4 Plywood/OSB

Floor Insulation R-11

Basement Masonry wall insulation R-5

Slab Perimeter insulation5 R-0

---

1. "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 × (windows + doors) / (opaque walls + windows + doors).

2. Up to 5% of the window area may be exempt from meeting the window U-factor and SHGC requirements to allow for decorative glazing.

3. Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area and provided the flat portions of the ceiling are insulated to R-30.

4. Insulating values for plywood, OSB or other structural sheathing are already accounted for in the approach. Garage walls may be R-13 cavity insulation with gypsum on both sides.

5. Unheated slabs.

All R-values shall be printed on the actual insulation and be stabilized R-values All Windows shall have labels listing U-factor, SHGC, and Key Features

Foam Plastics shall not be installed below grade on foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in South Central Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as the Tradeoff Worksheet or the free MECcheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit.

"Single-Step" Residential Energy Code Compliance Climate Zone 6B - Central Georgia - Option 6B-1 (R-30 ceiling, R-13 batt + R-2 sheathing, 0.55=Uwindow)

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

1. Your building shall be a one or two family detached dwelling built using wood framing.

2. Your building is three stories or less in height and not larger than 5,000 square feet of conditioned area.

3. Your building site must be located in Climate Zone 6B, as shown in the IECC 2000 Figure 302.1(11), an area of the state where the climatic conditions of approximately 3,000 Heating Degree Days or less apply.

4. You shall not make any substitutions of any kind for R-values/ U-factors listed below.

5. Your window and door openings shall not exceed 18 percent of the gross wall area.

6. You shall comply with code requirements for envelope air sealing including all air tight, I.C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

7. Equipment minimum efficiencies shall be observed: Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) __________

% Openings in gross area of exterior wall1 18% Max.

Doors U-factor 0.55 Max.

Windows, Double Pane, U-factor2 0.55 Max.

Solar Heat Gain Coefficient (SHGC)2 0.40 Max.

Ceiling insulation3 R-30

Wall cavity insulation R-13

Knee Wall insulation R-19

Insulating Sheathing4 R-2

Floor Insulation R-19

Basement Masonry wall insulation R-6

Slab Perimeter insulation5 R-0

---

1. "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 × (windows + doors) / (opaque walls + windows + doors).

2. Up to 5% of the window area may be exempt from meeting the window U-factor and SHGC requirements to allow for decorative glazing.

3. Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area and provided the flat portions of the ceiling are insulated to R-30.

4. When the Exterior Wall R-value is cavity insulation and continuous insulated sheathing, 25% of the gross wall area may be Plywood/OSB (for corner bracing/structural requirements) or gypsum fastened direct to the garage wall studs.

5. Unheated slabs.

All R-values shall be printed on the actual insulation and be stabilized R-values all Windows shall have labels listing U-factor, SHGC, and Key Features

Foam Plastics shall not be installed below grade on foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Central Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as the Tradeoff Worksheet or the free MECcheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit.

"Single-Step" Residential Energy Code Compliance Climate Zone 6B - Central Georgia - Option 6B-2 (R-38 ceiling, R-13 batt, 0.55=Uwindow)

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

1. Your building shall be a one or two family detached dwelling built using wood framing.

2. Your building is three stories or less in height and not larger than 5,000 square feet of conditioned area.

3. Your building site must be located in Climate Zone 6B, as shown in the IECC 2000 Figure 302.1(11), an area of the state where the climatic conditions of approximately 3,000 Heating Degree Days or less apply.

4. You shall not make any substitutions of any kind for R-values/ U-factors listed below.

5. Your window and door openings shall not exceed 18 percent of the gross wall area.

6. You shall comply with code requirements for envelope air sealing including all air tight, I.C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

7. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) % _____________________

Openings in gross area of exterior wall1 18% Max.

Doors U-factor 0.55 Max.

Windows, Double Pane, U-factor2 0.55 Max.

Solar Heat Gain Coefficient (SHGC)2 0.40 Max.

Ceiling insulation3 R-38

Wall cavity insulation R-13

Knee Wall insulation R-19

Wall Sheathing 4 Plywood/OSB

Insulating Sheathing4 R-3

Floor Insulation R-19

Basement Masonry wall insulation R-6

Slab Perimeter insulation5 R-0

---

1. "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 × (windows + doors) / (opaque walls + windows + doors).

2. Up to 5% of the window area may be exempt from meeting the window U-factor and SHGC requirements to allow for decorative glazing.

3. Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area and provided the flat portions of the ceiling are insulated to R-30.

4. Insulating values for plywood, OSB or other structural sheathing are already accounted for in the approach. Garage walls may be R-13 cavity insulation with gypsum on both sides.

5. Unheated slabs.

All R-values shall be printed on the actual insulation and be stabilized R-values all Windows shall have labels listing U-factor, SHGC, and Key Features

Foam Plastics shall not be installed below grade on foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Central Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as the Tradeoff Worksheet or the free MECcheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit.

"Single-Step" Residential Energy Code Compliance Climate Zone 7A - Greater Atlanta Area - Option 7A-1 (R-30 ceiling, R-13 batt + R-3 sheathing, 0.55=Uwindow)

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

1. Your building shall be a one or two family detached dwelling built using wood framing.

2. Your building is three stories or less in height and not larger than 5,000 square feet of conditioned area.

3. Your building site must be located in Climate Zone 7A, as shown in the IECC 2000 Figure 302.1(11), an area of the state where the climatic conditions of approximately 3,500 Heating Degree Days or less apply.

4. You shall not make any substitutions of any kind for R-values/ U-factors listed below.

5. Your window and door openings shall not exceed 18 percent of the gross wall area.

6. You shall comply with code requirements for envelope air sealing including all air tight, I.C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

7. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) __________________________

% Openings in gross area of exterior wall1 18% Max.

Doors U-factor 0.35 Max.

Windows, Double Pane, U-factor2 0.55 Max.

Solar Heat Gain Coefficient (SHGC)2 0.40 Max.

Ceiling insulation3 R-30

Wall cavity insulation R-13

Knee Wall insulation R-19

Insulating Sheathing4 R-3

Floor Insulation R-19

Basement Masonry wall insulation R-7

Slab Perimeter insulation5 R-0

---

1. "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 × (windows + doors) / (opaque walls + windows + doors).

2. Up to 5% of the window area may be exempt from meeting the window U-factor and SHGC requirements to allow for decorative glazing.

3. Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area and provided the flat portions of the ceiling are insulated to obtain full height R-30.

4. When the Exterior Wall R-value is cavity insulation and continuous insulated sheathing, 25% of the gross wall area may be Plywood/OSB (for corner bracing/structural requirements) or gypsum fastened direct to the garage wall studs.

5. Unheated slabs.

All R-values shall be printed on the actual insulation and be stabilized R-values all Windows shall have labels listing U-factor, SHGC, and Key Features

Foam Plastics shall not be installed below grade on foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in the Greater Atlanta area. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as the Tradeoff Worksheet or the free MECcheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit.

"Single-Step" Residential Energy Code Compliance

Climate Zone 7A - Greater Atlanta Area - Option 7A-2

(R-38 ceiling, R-15 batt + OSB/Plywood)

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

1. Your building shall be a one or two family detached dwelling built using wood framing.

2. Your building is three stories or less in height and not larger than 5,000 square feet of conditioned area.

3. Your building site must be located in Climate Zone 7A, as shown in the IECC 2000 Figure 302.1(11), an area of the state where the climatic conditions of approximately 3,500 Heating Degree Days or less apply.

4. You shall not make any substitutions of any kind for R-values/ U-factors listed below.

5. Your window and door openings shall not exceed 18 percent of the gross wall area.

6. You shall comply with code requirements for envelope air sealing including all air tight, I.C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

7. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ___________________________

% Openings in gross area of exterior wall1 18% Max.

Doors U-factor 0.35 Max.

Windows, Double Pane, U-factor2 0.55 Max.

Solar Heat Gain Coefficient (SHGC)2 0.40 Max.

Ceiling insulation3 R-38

Wall cavity insulation R-15

Knee Wall insulation R-19

Wall Sheathing4 Plywood/OSB

Floor Insulation R-19

Basement Masonry wall insulation R-7

Slab Perimeter insulation5 R-0

---

1. "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 × (windows + doors) / (opaque walls + windows + doors).

2. Up to 5% of the window area may be exempt from meeting the window U-factor and SHGC requirements to allow for decorative glazing.

3. Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area and provided the flat portions of the ceiling are insulated to R-38.

4. Insulating values for plywood, OSB or other structural sheathing are already accounted for in the approach. Garage walls may be R-13 cavity insulation with gypsum on both sides.

5. Unheated slabs.

All R-values shall be printed on the actual insulation and be stabilized R-values all Windows shall have labels listing U-factor, SHGC, and Key Features

Foam Plastics shall not be installed below grade on foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in the Greater Atlanta area. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as the Tradeoff Worksheet or the free MECcheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit.

"Single-Step" Residential Energy Code Compliance

Climate Zone 7A - Greater Atlanta Area - Option 7A-3

(R-30 ceiling, R-13 batt, 0.45=Uwindow)

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

1. Your building shall be a one or two family detached dwelling built using wood framing.

2. Your building is three stories or less in height and not larger than 5,000 square feet of conditioned area.

3. Your building site must be located in Climate Zone 7A, as shown in the IECC 2000 Figure 302.1(11), an area of the state where the climatic conditions of approximately 3,500 Heating Degree Days or less apply.

4. You shall not make any substitutions of any kind for R-values/ U-factors listed below.

5. Your window and door openings shall not exceed 18 percent of the gross wall area.

6. You shall comply with code requirements for envelope air sealing including all air tight, I.C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

7. Equipment minimum efficiencies shall be observed:

8. Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) _____________________________

% Openings in gross area of exterior wall1 18% Max.

Doors U-factor 0.55 Max.

Windows, Double Pane, U-factor2 0.45 Max.

Solar Heat Gain Coefficient (SHGC)2 0.40 Max.

Ceiling insulation3 R-30

Wall cavity insulation R-13

Knee Wall insulation R-19

Wall Sheathing4 Plywood/OSB

Floor Insulation R-19

Basement Masonry wall insulation R-7

Slab Perimeter insulation5 R-0

---

1. "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 × (windows + doors) / (opaque walls + windows + doors).

2. Up to 5% of the window area may be exempt from meeting the window U-factor and SHGC requirements to allow for decorative glazing.

3. Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area and provided the flat portions of the ceiling are insulated to R-30. 4. Insulating values for plywood, OSB or other structural sheathing are already accounted for in the approach. Garage walls may be R-13 cavity insulation with gypsum on both sides.

5. Unheated slabs.

All R-values shall be printed on the actual insulation and be stabilized R-values all Windows shall have labels listing U-factor, SHGC, and Key Features

Foam Plastics shall not be installed below grade on foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in the Greater Atlanta area. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as the Tradeoff Worksheet or the free MECcheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit.

"Single-Step" Residential Energy Code ComplianceClimate Zone 8 - North Georgia - Option 8-1

(R-38 ceiling, R-13 batt + R-3 Sheathing)

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

1. Your building shall be a one or two family detached dwelling built using wood framing.

2. Your building is three stories or less in height and not larger than 5,000 square feet of conditioned area.

3. Your building site must be located in Climate Zone 8, as shown in the IECC 2000 Figure 302.1(11), an area of the state where the climatic conditions of approximately 4,000 Heating Degree Days or less apply.

4. You shall not make any substitutions of any kind for R-values/ U-factors listed below.

5. Your window and door openings shall not exceed 18 percent of the gross wall area.

6. You shall comply with code requirements for envelope air sealing including all air tight, I.C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

7. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) _________________________

% Openings in gross area of exterior wall1 18% Max.

Doors U-factor 0.55 Max.

Windows, Double Pane, U-factor2 0.50 Max.

Solar Heat Gain Coefficient (SHGC)2 0.40 Max.

Ceiling insulation3 R-38

Wall cavity insulation R-13

Knee Wall insulation R-19

Insulating Sheathing4 R-3

Floor Insulation R-19

Basement Masonry wall insulation R-8

Slab Perimeter insulation5 R-0

---

1. "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 × (windows + doors) / (opaque walls + windows + doors).

2. Up to 5% of the window area may be exempt from meeting the window U-factor and SHGC requirements to allow for decorative glazing.

3. Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area and provided the flat portions of the ceiling are insulated to R-38. 4. When the exterior Wall R-value is cavity insulation and continuous insulated sheathing, 25% of the gross wall area may be Plywood/OSB (for corner bracing/structural requirements) or gypsum fastened direct to the garage wall studs.

5. Unheated slabs.

All R-values shall be printed on the actual insulation and be stabilized R-values all Windows shall have labels listing U-factor, SHGC, and Key Features

Foam Plastics shall not be installed below grade on foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in North Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as the Tradeoff Worksheet or the free MECcheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit.

"Single-Step" Residential Energy Code Compliance

Climate Zone 8 - North Georgia - Option 8-2

(R-38 ceiling, R-13 batt + OSB/Plywood)

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

1. Your building shall be a one or two family detached dwelling built using wood framing.

2. Your building is three stories or less in height and not larger than 5,000 square feet of conditioned area.

3. Your building site must be located in Climate Zone 8, as shown in the IECC 2000 Figure 302.1(11), an area of the state where the climatic conditions of approximately 4,000 Heating Degree Days or less apply.

4. You shall not make any substitutions of any kind for R-values/ U-factors listed below.

5. Your window and door openings shall not exceed 18 percent of the gross wall area.

6. You shall comply with code requirements for envelope air sealing including all air tight, I.C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

7. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) _________________________

% Openings in gross area of exterior wall1 18% Max.

Doors U-factor 0.35 Max.

Windows, Double Pane, U-factor2 0.45 Max.

Solar Heat Gain Coefficient (SHGC)2 0.40 Max.

Ceiling insulation3 R-38

Wall cavity insulation R-13

Knee Wall insulation R-19

Wall Sheathing4 Plywood/OSB

Floor Insulation R-19

Basement Masonry wall insulation R-8

Slab Perimeter insulation5 R-0

---

1. "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 × (windows + doors) / (opaque walls + windows + doors).

2. Up to 5% of the window area may be exempt from meeting the window U-factor and SHGC requirements to allow for decorative glazing.

3. Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area and provided the flat portions of the ceiling are insulated to R-38. 4. Insulating values for plywood, OSB or other structural sheathing are already accounted for in the approach. Garage walls may be R-13 cavity insulation with gypsum on both sides.

5. Unheated slabs.

All R-values shall be printed on the actual insulation and be stabilized R-values all Windows shall have labels listing U-factor, SHGC, and Key Features

Foam Plastics shall not be installed below grade on foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in North Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as the Tradeoff Worksheet or the free MECcheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit.

Appendix

BUILDING ENVELOPE

The elements of a building which enclose conditioned spaces through which thermal energy is capable of being transferred to or from the exterior or to or from spaces exempted by the provisions of Section 101.4.1. -2000 IECC

The building envelope is the barrier that separates the conditioned space from the outside or unconditioned spaces. The building envelope consists of two parts - an air barrier and a thermal barrier that must be both continuous and contiguous (touching each other). In a typical residence, the building envelope consists of the roof, walls, windows, doors, and foundation. Examples of unconditioned spaces include attics, vented crawlspaces, basements with ceiling insulation and no HVAC supply registers, and garages.

• Note: An attic knee wall is any vertical wall that separates conditioned space from an unconditioned attic. In Georgia, knee walls must be insulated to R-19. An attic-side air barrier (OSB, foil-faced sheathing, etc.) is recommended.

** Note: Although there is nothing to prevent the garage walls from being insulated, due to indoor air quality concerns, the garage should never be considered inside the building envelope.

"SINGLE-STEP" COMPLIANCE

FOR SIMPLE COMMERCIAL BUILDINGS

The Single-Step compliance procedure is available only for small commercial buildings with simple HVAC systems. If you demonstrate that your building complies with this procedure, you are deemed to comply with the Georgia State Energy Code. You shall complete the documentation on all of the enclosed forms for Envelope, Lighting, and HVAC and Water Heating systems and equipment.

Eligible buildings shall meet all of the following requirements:

1. Two stories or less.

2. 25,000 ft2 or less gross floor area.

3. Maximum glazing area is 25% of the above-grade gross wall area.

4. Each HVAC system serves a single zone, controlled by a single thermostat in the zone being served.

5. Cooling (if any) is provided by one or more air-cooled (unitary packaged or split system) air conditioners or geothermal heat pumps that do not exceed 20 tons (each).*

6. Primary heating (if any) is provided by one or more air-cooled (unitary packaged or split system) heat pumps (with internal supplemental electrical resistance heat, if needed), geothermal heat pumps, or fuel-fired furnaces. Supplemental individual electric resistance heaters are limited to a maximum of 5 kW each.*

7. The outside air quality is 3,000 cfm or less and shall be less than 70% of the total supply air.

• Note: Hydronic or steam distribution systems are not permitted under this Single Step approach.

Failure to meet all of the above criteria precludes use of the Single Step compliance forms. All other commercial buildings shall demonstrate compliance with any of the other compliance pathways of the Georgia State Energy Code for commercial buildings, and include submittal of proof of compliance.

ONE AND TWO FAMILY DWELLING CODE

(International Residential Code for One and Two Family Dwellings)

The CABO ONE AND TWO FAMILY DWELLING CODE (International Residential Code for One and Two Family Dwellings), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard One and Two Family Dwelling Code.

THESE AMENDMENTS ARE TO BE USED IN ADDITION TO THOSE AMENDMENTS ADOPTED EFFECTIVE JANUARY 1, 2002. WHEN USED TOGETHER THEY CONSTITUTE THE OFFICIAL GEORGIA STATE MINIMUM STANDARD ONE AND TWO FAMILY DWELLING CODE.

Plumbing (Chapters 25 through 32) are deleted from the CABO One and Two Family Dwelling Code according to Title 8, Chapter 2, Article 1, Part of the Official Code of Georgia Annotated.

Electrical (Chapters 33 through 42) are deleted and substitute for Electrical requirements the Georgia State Minimum Standard ElectricalCode (National Electrical Code).

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard National Electrical Code.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for heating and air conditioning equipment.

Scope

The provisions of the CABO One and Two Family Dwelling Code (International Residential Code for One and Two Family Dwellings) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one and two family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with a separate means of egress and their accessory structures.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILER/WATER HEATERS AND

PRESSURE VESSELS

(a) The State's Minimum Requirements for Boiler/Water Heaters and Pressure Vessels, over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit, or 120 gallons capacity, shall be established by O.C.G.A. Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor (Effective January 1, 2002).

• Revise the CABO One and Two Family Dwelling Code (International Residential Code for One and Two Family Dwellings), 2000 Edition, as follows:

CHAPTER 2

DEFINITIONS

• Revise Section R202 by adding the following definition:

VALVE

Point of Delivery Service Shutoff. The point of delivery for normal gas systems is the outlet of the service meter assembly or the outlet of the service regulator or service shutoff valve where a meter is not provided. Where a valve is provided at the outlet of the service meter assembly, such valve shall be considered to be downstream of the point of delivery. The point of delivery for undiluted liquefied petroleum gas systems is the outlet of the first stage pressure regulator that provides utilization pressure, exclusive of line gas regulators, in the system. (Effective January 1, 2003)

SECTION R703

EXTERIOR COVERING

• Add the following exceptions to Section R703.7:

R703.7 Stone and masonry veneer, general. All stone and masonry veneer shall be installed in accordance with this chapter, Table 703.4 and Figure R703.7. Such veneers installed over a backing of wood or cold-formed steel shall be limited to the first story above grade and shall not exceed 5 inches (127 mm) in thickness.

Exceptions:

3. For detached one and two family dwellings with a maximum nominal thickness of 4 inches (102 mm) of exterior masonry veneer with a backing of wood frame located in Seismic Design Category D1, the masonry veneer shall not exceed 20 feet (6096 mm) in height above a noncombustible foundation, with an additional 8 feet (2438 mm) permitted for gabled ends, or 30 feet (9144 mm) in height with an additional 8 feet (2438 mm) permitted for gabled ends where the lower 10 feet (3048 mm) has a backing of concrete or masonry wall provided the following criteria are met:

3.1 Braced wall panels shall be constructed with a minimum of 7/16 inch (11.1 mm) thick sheathing fastened with 8d common nails at 4 inches (102 mm) on center on panel edges and at 12 inches (305 mm) on center on intermediate supports.

3.2 The bracing of the top story shall be located at each end and at least every 25 feet (7620 mm) on center but not less than 45% of the braced wall line. The bracing of the first story shall be as provided in Table R602.10.3.

3.3 Hold down connectors shall be provided at the ends of braced walls for the second floor to first floor wall assembly with an allowable design of 2100 lbs. (952 kg). Hold down connectors shall be provided at the ends of each wall segment of the braced walls for the first floor to foundation assembly with an allowable design of 3700 lbs. (1678 kg). In all cases, the hold down connector force shall be transferred to the foundation.

3.4 Cripple walls shall not be permitted.

4. For detached one and two-family dwellings with a maximum actual thickness of 3 inches (76 mm) of exterior masonry veneer with a backing of wood frame located in Seismic Design Category D2, the masonry veneer shall not exceed 20 feet (6096 mm) in height above a noncombustible foundation, with an additional 8 feet (2438 mm) permitted for gabled ends, or 30 feet (9144 mm) in height with an additional 8 feet (2438 mm) permitted for gabled ends where the lower 10 feet (3048 mm) has a backing of concrete or masonry wall, provided the following criteria are met:

4.1 Braced wall panels shall be constructed with a minimum of 7/16 inch (11.1 mm) thick sheathing fastened with 8d common nails at 4 inches (102 mm) on center on panel edges and at 12 inches (305 mm) on center on intermediate supports.

4.2 The bracing of the top story shall be located at each end and at least every 25 feet (7620 mm) on center but not less than 55% of the braced wall line. The bracing of the first story shall be as provided in Table R602.10.3.

4.3 Hold down connectors shall be provided at the ends of braced walls for the second floor to first floor wall assembly with an allowable design of 2300 lbs. (1043 kg). Hold down connectors shall be provided at the ends of each wall segment of the braced walls for the first floor to foundation assembly with an allowable design of 3900 lbs. (1769 kg). In all cases, the hold down connector force shall be transferred to the foundation.

4.4 Cripple walls shall not be permitted.

(Effective January 1, 2003)

• Revise Section R703.7.4.1.2 to read as follows:

R703.7.4.1.2 Seismic Design Categories D1 and D2. In Seismic Design Categories D1 and D2, provide single-wire joint reinforcement, a minimum of No. 9 gage, at a spacing of 18 inches (457 mm) on center vertically. The joint reinforcement shall be continuous in the veneer bed joint, with lap splices permitted between the veneer ties.

(Effective January 1, 2003)

CHAPTER 24

FUEL GAS

SECTION G2419 (409)

GAS SHUTOFF VALVES

• Add new Section G2419.2.1 to read as follows:

G2419.2.1 Point of Delivery Service Valve. Where the point of delivery is the outlet of the service meter assembly, or the outlet of the service regulator a service shutoff valve shall be installed. Such valve is considered to be part of the customer piping system. (Effective January 1, 2003)

GEORGIA STATE MINIMUM

STANDARD BUILDING CODE

(INTERNATIONAL BUILDING CODE)

The STANDARD BUILDING CODE (International Building Code), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjuction with these Georgia Amendments, shall constitute the official Georgia State Minimum Stnadard Building Code.

THESE AMENDMENTS ARE TO BE USED IN ADDITION TO THOSE AMENDMENTS ADOPTED EFFECTIVE JANUARY 1, 2002. WHEN USED TOGETHER, THEY CONSTITUTE THE OFFICIAL GEORGIA STATE MINIMUM STANDARD BUILDING CODE.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard National Electrical Code respectively.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of ratings of equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Building Code (International Building Code) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure of any appurtenances connected or attached to such buildings or structures.

Exception: Detached one and two family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the CABO One and Two Family Dwelling Code (International Residential Code).

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

• Revise the Standard Building Code (International Building Code), 2000 Edition, as follows:

CHAPTER 23

WOOD

SECTION 2308

CONVENTIONAL LIGHT-FRAME CONSTRUCTION

• Revise Section 2308.11.2 to add the following exceptions:

Section 2308.11.2 Concrete or masonry. Concrete or masonry walls, or masonry veneer shall not extend above the basement.

Exceptions:

3. Masonry veneer is permitted to be used in the first two stories above grade in Seismic Design Categories B or C provided the following criteria are met:

3.1 "Type of Brace" per Section 2308.9.3 shall be Method 3 and the allowable shear capacity per Table 2306.4.1 shall be a minimum of 350 plf (5108 N/m) (ASD).

3.2 The bracing of the top story shall be located at each end and at least every 25 feet (7620 mm) on center but not less than 40% of the braced wall line. The bracing of the first story shall be located at each end and at least every 25 feet (7620 mm) on center but not less than 35% of the braced wall line.

3.3 Hold down connectors shall be provided at the ends of braced walls for the second floor to first floor wall assembly with an allowable design of 2000 lbs. (907.0 kg). Hold down connectors shall be provided at the ends of each wall segment of the braced walls for the first floor to foundation assembly with an allowable design of 3900 lbs. (1768 kg). In all cases, the hold down connector force shall be transferred to the foundation.

3.4 Cripple walls shall not be permitted.

(Effective January 1, 2003)

• Revise Section 2308.12.2 to add the following exceptions:

Section 2308.12.2 Concrete or masonry. Concrete or masonry walls, or masonry veneer shall not extend above the basement.

Exceptions: Masonry veneer is permitted to be used in the first story above grade in Seismic Design Category D provided the following criteria are met:

1. "Type of Brace" per Section 2308.9.3 shall be Method 3 and the allowable shear capacity per Table 2306.4.1 shall be a minimum of 350 plf (5108 N/m) (ASD).

2. The bracing of the first story shall be located at each end and at least every 25 feet (7620 mm) on center but not less than 45% of the braced wall line.

3. Hold down connectors shall be provided at the ends of braced walls for the first floor to foundation assembly with an allowable design of 2100 lbs. (952.5 kg).

4. Cripple walls shall not be permitted. (Effective January 1, 2003)

GEORGIA STATE MINIMUM

STANDARD PLUMBING CODE

(INTERNATIONAL PLUMBING CODE)

The STANDARD PLUMBING CODE (International Plumbing Code), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Plumbing Code.

THESE AMENDMENTS ARE TO BE USED IN ADDITION TO THOSE AMENDMENTS ADOPTED EFFECTIVE JANUARY 1, 2001 AND 2002. WHEN USED TOGETHER, THEY CONSTITUTE THE OFFICIAL GEORGIA STATE MINIMUM STANDARD PLUMBING CODE.

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard National Electrical Code respectively.

(b) The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of ratings of plumbing equipment.

Scope:

The provisions of the Georgia State Minimum Standard Plumbing Code shall apply to the erection, installation, alteration, replacement, repairs, relocation, addition to, use or maintenance of plumbing systems within the State of Georgia. The installation of fuel gas distribution piping and equipment, fuel gas-fired water heaters, and water heater venting systems shall be regulated by NFPA 54 (National Fuel Gas Code).

REQUIREMENTS FOR BOILER/WATER HEATERS AND PRESSURE VESSELS

(a) The State's Minimum requirements for Boiler/Water Heaters and Pressure Vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit, or 120 gallons capacity, shall be established by O.C.G.A Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor. (Effective January 1, 2002)

• Revise the Standard Plumbing Code (International Plumbing Code), 2000 Edition, as follows:

CHAPTER 3

GENERAL REGULATIONS

SECTION 304

RODENTPROOFING

• Revise Section 304.4 Openings for pipes to read as follows:

304.4 Openings for Pipes. In or on structures where openings have been made in walls, floors or ceilings for the passage of pipes, such openings shall be sealed through the use of metal collars or other approved methods.

(Effective January 1, 2003)

CHAPTER 4

FIXTURES, FAUCETS AND FITTINGS

SECTION 401

GENERAL

• Add new Section 401.4 to read as follows:

Section 401.4 Prohibited locations. No floor drains or other plumbing fixtures except electric water heaters shall be installed in a room containing air handling machinery when such room is used as a plenum. Except deep-seal trap floor drains consisting of a minimum 4-inch (102 mm) seal and supplied with a trap primer connected to a water distribution pipe shall be permitted. When rooms are used as a plenum, equipment drains shall be conveyed through an indirect waste receptor located outside such rooms or other approved point of disposal.

(Effective January 1, 2003)

SECTION 403

MINIMUM PLUMBING FACILITIES

TABLE 403.1

MINIMUM NUMBER OF PLUMBING FACILITIES

• Revise Table 403.1 wording under Others category for Residential Multiple family and One and Two Family Dwellings Occupancy and add a new footnote g to read as follows:

(Effective January 1, 2003)

SECTION 410

DRINKING FOUNTAINS

• Revise Section 410.1 Approval to read as follows:

410.1 Approval. Drinking fountains shall conform to ASME A112.19.1, ASME A112.19.2 or ASME A112.19.9, and water coolers shall conform to ARI 1010. Where water is served in restaurants, drinking fountains shall not be required.

(Effective January 1, 2003)

SECTION 419

URINALS

• Delete Section 419.3 Surrounding material and substitute to read as follows:

419.3 Surrounding material. See Section 1209 of the Building Code.

(Effective January 1, 2003)

CHAPTER 10

TRAPS, INTERCEPTORS AND SEPARATORS

SECTION 1003

INTERCEPTORS AND SEPARATORS

• Delete the current Georgia amendment to Section 1003 and use Section 1003 of the 2000 Standard Plumbing Code as written.

(Effective January 1, 2003)

End of Amendments

GEORGIA STATE MINIMUM STANDARD GAS CODE

(International Fuel Gas Code)

The STANDARD GAS CODE (International Fuel Gas Code), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Gas Code.

THESE AMENDMENTS ARE TO BE USED IN ADDITION TO THOSE AMENDMENTS ADOPTED EFFECTIVE JANUARY 1, 2001 AND 2002. WHEN USED TOGETHER, THEY CONSTITUTE THE OFFICIAL GEORGIA STATE MINIMUM STANDARD GAS CODE.

Appendices

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard National Electrical Code.

(b) Change all reference from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of performance rating of equipment.

SCOPE:

General. The provisions of the Georgia State Minimum Standard Gas Code (International Fuel Gas Code) shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment, and related accessories as follows:

1. Coverage of piping systems shall extend from the point of delivery to the connections with gas utilization equipment. (See "point of delivery").

2. Systems with an operating pressure of 125 psig (862 kPa gauge) or less. Piping systems for gas-air mixtures within the flammable range with an operating pressure of 10 psig (69 kPa gauge). LP-Gas piping systems with an operating pressure of 20 psig (140 kPa gauge) or less.

3. Piping systems requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation, and maintenance.

4. Requirements for gas utilization equipment and related accessories shall include installation, combustion and ventilation air and venting.

This Code shall apply to the following:

1. Portable LP-Gas equipment of all types that are not connected to a fixed fuel piping system.

2. Installation of farm equipment such as brooders, dehydrators, dryers, and irrigation equipment.

3. Raw material (feedstock) applications except for piping to special atmosphere generators.

4. Oxygen-fuel gas cutting and welding systems.

5. Industrial gas applications using gases such as acetylene and acetylene compounds, hydrogen, ammonia, carbon monoxide, oxygen, and nitrogen.

6. Petroleum refineries, pipelines compressor or pumping stations, loading terminals, compounding plants, refinery tank farms, and natural gas processing plants.

7. Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by chemical reactions or used in chemical reactions.

8. LP-Gas installations at utility gas plants.

9. Liquefied natural gas (LNG) installations.

10. Fuel gas piping in power and atomic energy plants.

11. Proprietary items of equipment, apparatus, or instruments such as gas generating sets, compressors, and calorimeters.

12. LP-Gas equipment for vaporization, gas mixing, and gas manufacturing.

13. Temporary LP-Gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.

14. Installation of LP-Gas systems for railroad switch heating.

15. Installation of LP-Gas and compressed natural gas (CNG) systems on vehicles.

16. Except as provided in Section 401.1.1 gas piping meters, gas pressure regulators, and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-Gas.

17. Building design and construction, except as specified herein.

The requirements for the design, installation, maintenance, alteration and inspection of mechanical systems operating with fuels other than fuel gas shall be regulated by the Standard Mechanical Code (International Mechanical Code).

• Revise the Standard Gas Code (International Fuel Gas Code), 2000 Edition, as follows:

(a) The State's minimum requirements for natural gas systems shall be established by the National Fuel Gas Code (NFPA 54). Areas not specifically addressed by the NFPA 54 and which are addressed by the Georgia State Minimum Standard Gas Code (International Fuel Gas Code), the Gas Code shall be used as the supplement.

(b) The State's minimum requirements for Boilers/Water Heaters and Pressure Vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit or 120-gallon capacity shall be established by O.C.G.A. Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor.

CHAPTER 2

DEFINITIONS

SECTION 202 (IFGC)

GENERAL DEFINITIONS

• Revise Section 202 GENERAL DEFINITIONS adding a new definition to read as follows:

VALVE.

Point of Delivery Service Shutoff. The point of delivery for natural gas systems is the outlet of the service meter assembly or the outlet of the service regulator or service shutoff valve where a meter is not provided. Where a valve is provided at the outlet of the service meter assembly, such valve shall be considered to be downstream of the point of delivery. The point of delivery for undiluted liquefied petroleum gas systems is the outlet of the first stage pressure regulator that provides utilization pressure, exclusive of line gas regulators, in the system.

(Effective January 1, 2003)

CHAPTER 4

GAS PIPING INSTALLATIONS

SECTION 409 (IFGC)

SHUTOFF VALVES

• Add new Section 409.2.1 to read as follows:

409.2.1 Point of Delivery Service Valve. Where the point of delivery is the outlet of the service meter assembly or the outlet of the service regulator, a service shutoff valve shall be installed. Such valve is considered to be part of the customer piping system.

(Effective January 1, 2003)

End of Amendments.

Errata to the January 1, 2002 Georgia Amendments to the 2000 Standard Building Code/International Building Code

Update your copy of the January 1, 2002 Georgia Amendments to the 2000 Standard Building Code/International Building Code, by making the following correction(s).

CHAPTER 16

STRUCTURAL DESIGN

SECTION 1609

WIND LOADS

1609.2 Definitions. BUILDING, SIMPLE DIAPHRAGM

Change Note 8 "form" to "from".

CHAPTER 17

STRUCTURAL TESTS AND SPECIAL INSPECTIONS

SECTION 1705

QUALITY ASSURANCE FOR SEISMIC RESISTANCE.

1705.1 Scope.

Change "See Section 1612 and 1615 of said code" to 1613 and 1621.

CHAPTER 18

SOILS AND FOUNDATIONS

SECTION 1802

FOUNDATION AND SOILS INVESTIGATIONS

1802.2 General.

Change 1802.2 to 1802.1 and "General" to "Where required".

End of Errata

Errata to the January 1, 2002 Georgia Amendments to the 2000 CABO 1 and 2 Family Dwelling Code/International Residential Code

Update your copy of the January 1, 2002 Georgia Amendments to the CABO 1 and 2 Family Dwelling Code/International Residental Code, 2000 Edition, by making the following correction(s).

CHAPTER 3

BUILDING PLANNING

SECTION R317

SMOKE ALARMS

R317.1 Smoke detectors required.

Change next to last sentence to: All detectors shall be interconnected such that the actuation of one alarm will actuate all the alarms in the individual unit and shall provide an alarm which is audible in all sleeping areas.

CHAPTER 5

FLOORS

SECTION R502

WOOD FLOOR FRAMING

R502.2.1 Decks.

Change R505.2.1.1, R505.2.1.2 to R502.2.1.1 and R502.2.1.2.

CHAPTER 24

FUEL GAS

SECTION G2409 (308)

CLEARANCE REDUCTION

G2409 (308) Clearance Reduction.

Change Section G2409 (308) Clearance Reduction to Section G2408 (305) Installation.

G2409.2 Reduction Table. Change G2409.2 Reduction table to G2408.2 (305.2) Elevation of ignition source.

End of Errata

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of the 2002 National Electrical Code with Georgia Amendments, the 2000 International Energy Conservation Code with Georgia Amendments and Georgia Amendments to the 2000 CABO One and Two Family Dwelling Code, 2000 Standard Building Code, 2000 Standard Plumbing Code, 2000 Standard Gas Code, Errata to the January 1, 2002 Amendments to the 2000 CABO 1 and 2 Family Dwelling Code and Errata to the January 1, 2002 Georgia Amendments to the 2000 Standard Building Code Amendments, Effective January 1, 2003" adopted. F. Nov. 21, 2002; effective Jan. 1, 2003, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.13 Adoption of the 2003 Standard Housing Code, the 2003 Standard Existing Building Code, Georgia Amendments to the 2000 CABO One and Two Family Dwelling Code, 2000 Standard Building Code, 2000 Standard Plumbing Code, and the 2000 Standard Mechani cal Code, effective January 1, 2004

The Board of Community Affairs hereby adopts the following code editions and amendments as the Georgia State Minimum Standard Codes for Construction:

ONE AND TWO FAMILY DWELLING CODE

(International Residential Code for one and Two Family Dwellings)

The CABO ONE AND TWO FAMILY DWELLING CODE (International Residential Code for One and Two Family Dwellings), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard One and Two Family Dwelling Code.

THESE AMENDMENTS ARE TO BE USED IN ADDITION TO THOSE AMENDMENTS ADOPTED EFFECTIVE JANUARY 1, 2002 AND JANUARY 1, 2003. WHEN USED TOGETHER THEY CONSTITUTE THE OFFICIAL GEORGIA STATE MINIMUM STANDARD ONE AND TWO FAMILY DWELLING CODE.

Plumbing (Chapters 25 through 32) are deleted from the CABO One and Two Family Dwelling Code according to Title 8, Chapter 2, Article 1, Part 2 of the Official Code of Georgia Annotated.

Electrical (Chapters 33 through 42) are deleted and substitute for Electrical requirements the Georgia State Minimum Standard Electrical Code (National Electrical Code).

Appendices

Appendices appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard Electrical Code.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for heating and air conditioning equipment.

Scope

The provisions of the CABO One and Two Family Dwelling Code (International Residential Code for One and Two Family Dwellings) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one and two family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with a separate means of egress and their accessory structures.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILER/WATER HEATERS AND PRESSURE VESSELS

(a) The State's Minimum requirements for Boilers/Water Heaters and Pressure Vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit, or 120 gallons capacity, shall be established by O.C.G.A. Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor. (Effective January 1, 2004)

*Revise the CABO One and Two Family Dwelling Code (International Residential Code for One and Two Family Dwellings), 2000 Edition, as follows:

CHAPTER 3

BUILDING PLANNING

SECTION R307

TOILET, BATH AND SHOWER SPACES

*Revise Section R307.1 to read as follows:

R307.1 Space required. Fixtures shall be spaced as per Figure R307.2. Doors are permitted to encroach on clearance areas.

(Effective January 1, 2004)

SECTION R309

GARAGES AND CARPORTS

*Revise Section R309.1.1 to read as follows:

R309.1.1 Duct penetration. Ducts in the garage and ducts penetrating the walls or ceilings separating the dwelling from the garage shall be constructed of a minimum No. 26 gauge (0.48 mm) sheet steel or other approved Class 0 or Class 1 air duct material, except fibrous glass flex duct, and shall have no openings into the garage unless the garage space is conditioned by a separate unit. Fibrous glass flexible air ducts and air duct connectors are not permitted to pass through the wall or ceiling assembly. (Effective January 1, 2004)

SECTION R310

EMERGENCY ESCAPE AND RESCUE OPENINGS

*Revise Section R310.1.2 to read as follows:

R310.1.2 Minimum opening height. The minimum net clear opening height shall be 24 inches (610 mm). Projections not exceeding 1" total, such as, window slides or guides, driplips and weatherstripping are permitted in the clear opening.

(Effective January 1, 2004)

*Revise Section R310.1.3 to read as follows:

R310.1.3 Minimum opening width. The minimum net clear opening width shall be 20 inches (508 mm). Projections not exceeding 1" total, such as, window slides or guides, driplips and weatherstripping are permitted in the clear opening. (Effective January 1, 2004)

SECTION R322

MOISTURE VAPOR RETARDERS

*Delete Section R322.1 of the existing Georgia Amendments Revised January 1, 2002 entirely and substitute to read as follows:

R322.1 Moisture Control. The requirements for Moisture Vapor Retarders shall be governed by the Georgia Energy Code for Buildings (International Energy Conservation Code) Section 502.1.1. (Effective January 1, 2004)

SECTION R324

PROTECTION AGAINST TERMITES

*Delete Section R324.1 of the existing Georgia Amendments Revised January 1, 2002 and substitute the following to read:

*Revise Section R324.1 by adding a sentence at the end of section to read as follows:

R324.1 Subterranean termite control. ...any combination of these methods or any other method which has been approved for use by the State Department of Agriculture.

(Effective January 1, 2004)

*Add New Subsection R324.1.1 to read as follows:

R324.1.1 Inspection of separation areas outside structure. The minimum clearance between exterior cladding and grade shall be 6" to soil and 2" to impervious surfaces such as concrete or asphalt.

Exception: Walls covered by masonry veneer.

(Effective January 1, 2004)

CHAPTER 4

FOUNDATIONS

SECTION 403

FOOTINGS

*Revise Section R403.1.4 to read as follows:

R403.1.4 Minimum depth. All exterior footings and foundation systems shall extend below the frost line specified in Table R301.2(1). All exterior footings shall be placed at least 12 inches below grade. (Effective January 1, 2004)

SECTION R404

FOUNDATION WALLS

*Revise Section R404.1.7, Exception 2 of the existing Georgia Amendments Revised January 1, 2002 to read as follows:

R404.1.7 Backfill placement.

Exception:

2)Such bracing is not required for poured concrete walls which have cured at least 7 (seven) days or are of sufficient strength as determined by an engineer.

(Effective January 1, 2004)

CHAPTER 13

GENERAL MECHANICAL SYSTEM REQUIREMENTS

SECTION M1305

APPLIANCE ACCESS

*Revise first sentence of Section M1305.1.4 to read as follows:

M1305.1.4 Appliances under floors. Underfloor spaces containing appliances requiring access shall be provided with an unobstructed passageway large enough to remove the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide.

(Effective January 1, 2004)

CHAPTER 43

REFERENCED STANDARDS

*Revise the AF&PA Standard reference number for WFCM to read as follows:

American Forest and Paper Association

AF&PA 111 19th Street, NW, #800

Washington DC 20036

Standard reference number

Title

Reference in code section number

WFCM

ANSI/AF&PA Wood Frame

R301.2.1.1

Construction Manual for One and Two Family Dwellings, 2001 Edition

(Effective January 1, 2004)

End of Amendments.

GEORGIA STATE MINIMUM

STANDARD BUILDING CODE

(INTERNATIONAL BUILDING CODE)

The STANDARD BUILDING CODE (International Building Code), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Building Code.

THESE AMENDMENTS ARE TO BE USED IN ADDITION TO THOSE AMENDMENTS ADOPTED EFFECTIVE JANUARY 1, 2002 AND JANUARY 1, 2003, WHEN USED TOGETHER, THEY CONSTITUTE THE OFFICIAL GEORGIA STATE MINIMUM STANDARD BUILDING CODE.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard National Electrical Code.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of ratings of equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Building Code (International Building Code) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one and two family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the CABO One and Two Family Dwelling Code (International Residential Code).

Appendices

Appendices appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

*Revise the Standard Building Code (International Building Code), 2000 Edition, as follows:

CHAPTER 35

REFERENCE STANDARDS

*Revise the AF&PA Standard reference number for WFCM to read as follows:

American Forest and Paper Association

AF&PA 111 19th Street, NW, #800

Washington DC 20046

Standard reference number

Title

Reference in code section number

WFCM

ANSI/AF&PA Wood Frame

1609.1.1,

Construction Manual for One and Two Family Dwellings, 2001 Edition

2308.2.1

(Effective January 1, 2004)

End of amendments.

GEORGIA STATE MINIMUM

STANDARD MECHANICAL CODE

(INTERNATIONAL MECHANICAL CODE)

The STANDARD MECHANICAL CODE (International Mechanical Code), 2000 Edition, as published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Mechanical Code (International Mechanical Code).

THESE AMENDMENTS ARE TO BE USED IN ADDITION TO THOSE AMENDMENTS ADOPTED EFFECTIVE JANUARY 1, 2001. WHEN USED TOGETHER, THEY CONSTITUTE THE OFFICIAL GEORGIA STATE MINIMUM STANDARD MECHANICAL CODE.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard National Electrical Code.

(b) Change all references from the International Energy Conservation Code to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of performance rating of mechanical equipment.

SCOPE:

This code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the Georgia State Minimum Standard Gas Code (International Fuel Gas Code).

Appendices:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

REQUIREMENTS FOR BOILER/WATER HEATERS AND PRESSURE VESSELS:

(a) The State's minimum requirements for Boilers/Water Heaters and Pressure Vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit or 120-gallon capacity shall be established by O.C.G.A. Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor.

*Revise the Standard Mechanical Code (International Mechanical Code), 2000 Edition, as follows:

CHAPTER 2

DEFINITIONS

SECTION 202

GENERAL DEFINITIONS

*Delete the definition for ABSORBTION SYSTEM without substitution in the Georgia Amendments Revised January 1, 2001.

(Effective January 1, 2004)

CHAPTER 3

GENERAL REGULATIONS

SECTION 306

ACCESS AND SERVICE SPACE

*Revise the second sentence of Section 306.4 to read as follows:

306.4 Appliances under floors. In the second sentence of the first paragraph, delete the following "and nor more than 20 feet ...to appliances."

(Effective January 1, 2004)

CHAPTER 4

VENTILATION

SECTION 401

GENERAL

*Revise the first sentence of Section 401.5.1 to read as follows:

401.5.1 Intake openings. Mechanical and gravity outside air intake openings shall be located a minimum of 10 feet (3048 mm) from any hazardous or noxious contaminant, such as vents, chimneys, plumbing vents, streets, alleys, parking lots and loading docks, except as otherwise specified in this code. (Effective January 1, 2004)

SECTION 405

SYSTEM CONTROLS

*Add a new Section 405.2 to read as follows:

405.2 CO2 Sensors. Carbon dioxide sensors may be utilized for control of ventilation systems, as outlined in ASHRAE Standard 62-1999.

(Effective January 1, 2004)

CHAPTER 11

REFRIGERATION

SECTION 1106

MACHINERY ROOM, SPECIAL REQUIREMENTS

*Add a new Section 1106.7 to read as follows

1106.7 Self Contained Breathing Apparatus. The mandatory requirement for Self Contained Breathing Apparatus (SCBA) units located at each mechanical room, as noted in reference standard ASHRAE Standard 15-1994, is deleted.

(Effective January 1, 2004)

End of amendments.

GEORGIA STATE MINIMUM

STANDARD PLUMBING CODE

(INTERNATIONAL PLUMBING CODE)

The STANDARD PLUMBING CODE (International Plumbing Code), 2000 Edition, published by the Southern Building Code Congress International, Inc., when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Plumbing Code.

THESE AMENDMENTS ARE TO BE USED IN ADDITION TO THOSE AMENDMENTS ADOPTED EFFECTIVE JANUARY 1, 2001, JANUARY 1, 2002 AND JANUARY 1, 2003. WHEN USED TOGETHER, THEY CONSTITUTE THE OFFICIAL GEORGIA STATE MINIMUM STANDARD PLUMBING CODE.

Appendices

Appendices appendices are not enforceable unless they are specifically referenced in the body of the code or adopted for enforcement in the ordinance of the authority having jurisdiction.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Change all references from the ICC Electrical Code to the Georgia State Minimum Standard National Electrical Code.

(b) The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of ratings of plumbing equipment.

Scope

The provisions of the Georgia State Minimum Standard Plumbing Code shall apply to the erection, installation, alteration, replacement, repairs, relocation, addition to, use or maintenance of plumbing systems within the State of Georgia. The installation of fuel gas distribution piping and equipment, fuel gas-fired waterheaters, and waterheater venting systems shall be regulated by NFPA 54 (National Fuel Gas Code).

REQUIREMENTS FOR BOILER/WATER HEATERS AND PRESSURE VESSELS

(a) The State's Minimum requirements for Boilers/Water Heaters and Pressure Vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit, or 120 gallons capacity, shall be established by O.C.G.A Title 34, Chapter 11, and the Rules and Regulations of the Georgia Department of Labor.

*Revise the Standard Plumbing Code (International Plumbing Code), 2000 Edition, as follows:

CHAPTER 4

FIXTURES, FAUCETS AND FIXTURE FITTINGS

SECTION 401

GENERAL

*Revise Section 401.4 of the Georgia Amendments Revised January 1, 2003 to read as follows:

401.4 Prohibited locations. No floor drains or other plumbing fixtures except electric water heaters shall be installed in a room containing air handling machinery when such room is used as a plenum. Except deep-seal trap floor drains consisting of a minimum 4-inch (102 mm) seal and supplied with a trap primer connected to a water distribution pipe shall be permitted.

(Effective January 1, 2004)

SECTION 403

MINIMUM PLUMBING FACILITIES

*Revise Section 403.2 to read as follows:

403.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex.

Exceptions:

1. Separate facilities shall not be required for private facilities.

2. Separate employee facilities shall not be required in occupancies in which 15 or less people are employed.

3. Separate facilities shall not be required in structures or tenant spaces of the following occupancies: office 1200 sq. ft., restaurant 500 sq. ft., laundries (self service) 1400 sq. ft. and beauty/barber shops 900 sq. ft.

4. Separate facilities shall not be required in mercantile structures or tenant spaces of mercantile occupancies with a total occupant load, including both employees and customers, of 50 or less.

(Effective January 1, 2004)

SECTION 410

DRINKING FOUNTAINS

*Revise Section 410.1 of the Georgia Amendments Revised January 1, 2003 to read as follows:

410.1 Approval. Drinking fountains shall conform to ASME A112.19.1, ASME A112.19.2 or ASME A112.19.9, and water coolers shall conform to ARI 1010. Where water is served in restaurants and nightclubs, drinking fountains shall not be required.

(Effective January 1, 2004)

CHAPTER 6

WATER SUPPLY AND DISTRIBUTION

SECTION 603

WATER SERVICE

*Revise Section 603.2 of the Georgia Amendments Revised January 1, 2001 to read as follows:

603.2 Separation of water service and building sewer. Water service pipe and the building sewer shall be separated by 5 feet (1524 mm) of undisturbed or compacted earth.

Exceptions:

1. The required separation distance shall not apply where the bottom of the water service pipe within 5 feet (1524 mm) of the sewer is a minimum of 12 inches (305 mm) above the top of the highest point of the sewer and the pipe materials conform to Section 703.1.

2. Water service pipe is permitted to be located in the same trench with a building sewer, provided such sewer is constructed of materials listed in Table 702.2.

3. The required separation distance shall not apply where a water service pipe crosses a sewer pipe provided the water service pipe is sleeved to at least 5 feet (1524 mm) horizontally from the sewer pipe centerline, on both sides of such crossing with pipe materials listed in Table 605.4, Table 605.5, Table 702.2 or Table 702.3.

(Revised January 1, 2004)

SECTION 607

HOT WATER SUPPLY SYSTEM

*Delete Section 607.1 entirely and substitute the following:

607.1 Where required. In occupied structures, hot water shall be supplied to all plumbing fixtures and equipment utilized for bathing, washing, culinary purposes, cleansing, laundry or building maintenance. In nonresidential occupancies, hot water or tempered water shall be supplied for bathing and washing purposes except for hand-washing facilities. Accessible hand-washing facilities regardless of the occupancy shall not be required to be supplied with hot water.

(Revised January 1, 2004)

CHAPTER 10

TRAPS, INTERCEPTORS AND SEPARATORS

SECTION 1003

INTERCEPTORS AND SEPARATORS

*Revise Section 1003.5 adding a new sentence to read as follows:

1003.5 Sand interceptors in commercial establishments. Sand and similar interceptors for heavy solids shall be designed and located so as to be provided with ready access for cleaning, and shall have a water seal of not less than 6 inches (152 mm). In elevator pits where oil containment complying with ASTM A17.1-302.3 g is provided by the elevator manufacturer no additional oil separator shall be required. (Revised January 1, 2004)

End of amendments.

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of the 2003 Standard Housing Code, the 2003 Standard Existing Building Code, Georgia Amendments to the 2000 CABO One and Two Family Dwelling Code, 2000 Standard Building Code, 2000 Standard Plumbing Code, and the 2000 Standard Mechanical Code, effective Jan. 1, 2004" adopted. F. Nov. 25, 2003; eff. January 1, 2004, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.14 Adoption of the 2003 International Fire Code with Georgia Amendments, Georgia Amendments to the 2000 CABO One and Two Family Dwelling Code, 2000 Standard Building Code, 2000 Standard Plumbing Code, 2000 Standard Mechanical Code, 2000 Standard Gas Code, and the 2000 International Energy Conservation Code, effective January 1, 2005

The Board of Community Affairs hereby adopts the following code editions and amendments as the Georgia State Minimum Standard Codes for Construction:

INTERNATIONAL FIRE CODE:

A GEORGIA STATE MINIMUM

STANDARD CODE

The INTERNATIONAL FIRE CODE, 2003 Edition, published by the International Code Council, when used in conjunction with these Georgia Amendments, shall constitute this official Georgia State Minimum Standard Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of performance ratings of equipment.

SCOPE:

This Georgia State Minimum Standard Code (the International Fire Code) establishes regulations affecting or relating to structures, processes and premises and safeguards from the hazards of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from fire hazards in the structure or on the premise from occupancy or operation. It also applies to the construction, extension, repair, alteration or removal of fire suppression and alarm systems.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

CHAPTER 1

ADMINISTRATION

SECTION 102

APPLICABILITY

*Delete paragraph 102.5 in its entirety and insert in its place the following:

102.5 Existing and special historic buildings. Refer to 102.1 regarding the application of this Code to existing buildings. Except to the extent required by applicable laws of Georgia, the provisions of this Code are not mandatory for buildings or structures identified by the state, or as appropriate, a local jurisdiction, as historic buildings when such buildings or structures are judged by the fire official to be safe and in the public interest of health, safety and welfare. When evaluating the safety of existing and historic buildings the fire official should consult O.C.G.A. Section 8-2-3, 'Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings,' and the provisions of O.C.G.A. Sections 25-2-13(b)(3)& 25-2-13(b)(4).

(Effective January 1, 2005)

*Delete paragraph 102.6 in its entirety and substitute in its place the following:

102.6 Referenced codes and standards. Where the provisions of this Code or the standards referenced thereby and in Chapter 45 of this Code do not apply to the specific subjects, situations or conditions encountered that involve risks to life and property from the hazards of fire, panic from fear of fire or smoke, or related hazards, compliance with the applicable chapters of the Rules and Regulations of the Safety Fire Commissioner shall be evidence of compliance with this Code.

102.6.1 Basic minimum standard. Except where otherwise stated in this Code, where this Code or the standards referenced thereby and in Chapter 45 of this Code and the provisions of other chapters of the Rules and Regulations of the Safety Fire Commissioner deal with the same subject, situation or condition, the more protective or stringent provision shall be the basic minimum standard to the degree specified in Section 103.

102.6.2 Recognized standards and publications. In Chapter 45 of this Code, under the heading 'NFPA,' the year edition of the National Fire Protection Association codes and standards referenced for purposes of this Code are the specific editions and any modifications thereto adopted by the various chapters of the Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2005)

*Add a new paragraph 102.10 to read as follows:

102.10 General provisions.

102.10.1 The administration, enforcement and penalty provisions of O.C.G.A. Title 25, Chapter 2, and the administrative provisions of the various chapters of the Rules and Regulations of the Safety Fire Commissioner shall apply to and regulate the application and enforcement of this Code. For conditions existing prior to the adoption of this Code, the provisions and modifications adopted in Chapter 120-3-3, under Rule 120-3-3-.04 for Section 4.6 of NFPA 101, the Life Safety Code (LSC), shall apply to the application of this Code. NOTE: Nothing herein shall be construed as prohibiting any local jurisdiction from adopting the deleted portions of Chapter 1 of this Code for local purposes, provided, however, local amendments shall not be less restrictive than the code as adopted in these regulations.

102.10.2 The provisions of O.C.G.A. Title 25, Chapter 2, and other applicable state laws, and the applicable provisions of various chapters of the Rules and Regulations of the Safety Fire Commissioner regarding the requirements for certificates, licenses, permits, plan reviews, inspections, approvals, fees, etc. shall apply. Local authorities having jurisdiction need to be consulted to determine if rules and regulations of the local jurisdiction regarding the requirements for local certificates, licenses, permits, plan reviews, inspections, approvals, fees, etc. also apply.

(Effective January 1, 2005)

SECTION 103

PURPOSE AND INTENT

*Delete Section 103 in its entirety and substitute in its place the following:

103.1 General. The primary purpose of the Code as adopted is to provide, along with other adopted codes and standards, for the reasonable protection of life and property from the hazards created by fire, smoke, explosion, or panic created from a fear of fire or smoke. It is intended that the purpose of this Code be accomplished by:

(1) Coordinating application and enforcement of its provisions with those of other applicable codes, standards and regulations; and

(2) By coordinating the application of its provisions where possible with educational programs or efforts designed to bring about changes in high risk attitudes and behaviors that are the root causes of most fire related problems in Georgia; and

(3) By encouraging or requiring informational and awareness programs designed to make the citizens of Georgia aware of their responsibilities for compliance with this Code as well as the other Rules and Regulations of the Safety Fire Commissioner.

103.2 Coordination of provisions. This Code shall apply to all buildings, structures and facilities as provided in subsection 102.1, except as herein provided and shall be utilized in conjunction with the Life Safety Code (LSC), the International Building Code (IBC), the International Fire Code (IFC), the International Mechanical Code (IMC), and the International Fuel Gas Code (IFGC), to the degree provided in 103.1. Where specific occupancy types and structures have been addressed by additional NFPA standards in addition to the LSC, the specific NFPA standard related to the occupancy type and/or structure shall take precedence over any of the requirements of the International Codes referenced in subsection 1.4.3 of the LSC, except for areas where the International Codes provide for additional requirements related to minimum construction requirements and standpipes.

Exception: This Code does not apply to one- and two-family dwellings or one- and two-family row houses (townhouses) separated by a 2-hour fire wall.

103.3 Resolution of conflicts. Where any technical requirements which are addressed by this Code and the IBC, the IMC, and the IFGC, and other referenced NFPA Codes and/or Standards; and where two or more of the aforementioned codes and/or standards establish differing requirements, whether conflicting or more restrictive, the code conflict resolution principles specified in O.C.G.A. Section 25-2-13(g) shall be applied by the authority having jurisdiction.

"Exception: Where this Code provides for additional requirements related to standpipes."

(Effective January 1, 2005)

SECTION 105

PERMITS

The provisions of Section 105, PERMITS, are not adopted for purposes of the Rules and Regulations of the Safety Fire Commissioner. Local governing authorities may adopt the provisions for local purposes. Refer to 102.10.2 with regard to permits required by the Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2005)

SECTION 107

MAINTENANCE

*Delete Section 107.6 in its entirety and substitute in its place the following:

107.6 Overcrowding. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The Fire Code Official, upon finding any overcrowded conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected, or to take other actions deemed appropriate to have the condition or obstruction corrected.

(Effective January 1, 2005)

SECTION 108

BOARD OF APPEALS

The provisions of Section 108, BOARD OF APPEALS, are not adopted for purposes of the Rules and Regulations of the Safety Fire Commissioner. Local governing authorities may adopt the provisions for local purposes.

(Effective January 1, 2005)

SECTION 109

VIOLATIONS

The provisions of Section 109, VIOLATIONS, are not adopted for purposes of the Rules of the Safety Fire Commissioner. Local governing authorities may adopt the provisions for local purposes.

(Effective January 1, 2005)

SECTION 110

UNSAFE BUILDINGS

The provisions of Section 110, UNSAFE BUILDINGS, are not adopted for purposes of the Rules and Regulations of the Safety Fire Commissioner. Local governing authorities may adopt the provisions for local purposes.

(Effective January 1, 2005)

SECTION 111

STOP WORK ORDER

The provisions of Section 111, STOP WORK ORDER, are not adopted for purposes of the Rules and Regulations of the Safety Fire Commissioner. Local governing authorities may adopt the provisions for local purposes.

(Effective January 1, 2005)

CHAPTER 3

GENERAL PRECAUTIONS AGAINST FIRE

SECTION 303

ASPHALT KETTLES

*Delete paragraph 303.5 in its entirety and substitute in its place the following:

303.5 Fire extinguishers. There shall be at least one portable fire extinguisher complying with Section 906 and with a minimum 2-A:40-B:C rating within 25 feet (7620 mm) of each asphalt (tar) kettle during the period such kettle is being utilized, and a minimum of one additional portable fire extinguisher with a minimum 2-A:40-B:C rating on the roof being covered.

(Effective January 1, 2005)

CHAPTER 5

FIRE SERVICE FEATURES

SECTION 503

FIRE APPARATUS ACCESS ROADS

*Delete paragraph 503.1.1 in its entirety and substitute in its place the following:

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction as determined by the local responding fire department or agency. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45.7 m) of all portions of the facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exception: The local responding fire department or agency is authorized to increase the dimension of 150 feet (45.7 m) where:

1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

3. There are not more than two Group R-3 or Group U occupancies.

(Effective January 1, 2005)

SECTION 504

ACCESS TO BUILDING OPENINGS AND ROOFS

*Add a new paragraph 504.1.1 to read as follows:

504.1.1 Access doors. For fire fighting purposes, there shall be at least one access door in each 100 linear feet (30.5 m) or major fraction thereof of the exterior walls which face the access roadways required by Section 503, unless otherwise required in this code section. In exterior walls designed with continuous rolling dock doors, which face access roadways, there shall be at least one access door in each 200 linear feet (61 m) or fraction thereof. Required access doors shall be a minimum of 3 feet (0.9 m) wide and 6 feet 8 inches (2 m) high and shall be accessible without use of a ladder. Rolling doors are acceptable for such purposes in buildings protected throughout by an approved automatic sprinkler system(s) unless otherwise approved for unsprinklered buildings by the Fire Code Official.

(Effective January 1, 2005)

SECTION 508

FIRE PROTECTION WATER SUPPLIES

*Delete paragraph 508.5.1 in its entirety and substitute in its place the following:

508.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 500 feet (152 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrant mains shall be provided where required by the local responding fire department or agency.

Exceptions:

1. For group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).

2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).

(Effective January 1, 2005)

CHAPTER 6

BUILDING SERVICES AND SYSTEMS

SECTION 601

GENERAL

*Add a new paragraph 601.3 to read as follows:

601.3 Where reference is made in this Code to the International Electrical Code, it shall be construed as referencing NFPA 70, National Electrical Code (NEC) as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2005)

SECTION 603

FUEL-FIRED APPLIANCES

*Delete paragraph 603.1.4 in its entirety and substitute in its place the following:

603.1.4 Fuel oil. The grade of fuel oil used in a burner shall be that for which the burner is approved and as stipulated by the manufacturer. The use of crankcase oil or any other oil containing gasoline shall not be used except as permitted in NFPA 31, Standard for the Installation of Oil-Burning Equipment, as adopted by Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2005)

CHAPTER 7

FIRE-RESISTANCE-RATED CONSTRUCTION

SECTION 703

FIRE-RESISTANCE-RATED CONSTRUCTION

*Add a new paragraph 703.5 to read as follows:

703.5 Barrier identification. All fire and/or smoke barriers or walls shall be effectively and permanently identified with signs or stenciling above a decorative ceiling and/or in concealed spaces with letters a minimum of 2 inches (51 mm) high on a contrasting background spaced a maximum of 12 feet (3.7 m) on center with a minimum of one per wall or barrier. The hourly rating shall be included on all rated barriers or walls. Suggested wording '(__) Hour Fire and Smoke Barrier-Protect All Openings.'

Exception: Existing stenciling acceptable to the authority having jurisdiction.

(Effective January 1, 2005)

CHAPTER 8

INTERIOR FINISH, DECORATIVE MATERIALS AND

FURNISHINGS

SECTION 801

GENERAL

*Delete paragraph 801.1 in its entirety and substitute in its place the following:

801.1 General. The State's minimum requirements for furniture, furnishings, interior finishes, interior trim, decorative materials, and decorative vegetation shall be as required by the LSC, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2005)

CHAPTER 9

FIRE PROTECTION SYSTEMS

SECTION 901

GENERAL

*Delete section 901.4.2 in its entirety and substitute in its place the following:

901.4.2 Provisions in excess of the minimum Code requirements shall, as a minimum, be installed to meet the provisions of the currently adopted code(s) and/or standard(s) which may be applicable to the provision at the time of its installation. Any non-required fire protection system which is added onto, or interconnected with, any required fire protection system (of a similar type), shall be designed, installed, and maintained in accordance with the provisions of the currently adopted code(s) and/or standard(s) which may be applicable to the provision at the time of its installation.

Exceptions:

1. Other installations not conforming with the provisions of the currently adopted code(s) and/or standards(s) applicable to the provisions at the time of its installation if such installations are reported and filed with the local responding fire department and the authority having jurisdiction. In addition such systems shall be identified as required by the authority having jurisdiction.

2. Non-required systems designed, reviewed, installed and approved in accordance with local codes and/or ordinances.

(Effective January 1, 2005)

*Add a new paragraph 901.6.3 to read as follows:

901.6.3 Automatic sprinkler systems and other water based fire extinguishing systems, including fire pumps, required or installed shall be maintained in accordance with NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner, provided however, that any area not specifically addressed by NFPA 25, and which is specifically addressed by this Code, the specific provision of this Code shall be the minimum requirement. A certificate of inspection, as specified by NFPA 25, shall be retained on file at the facility and shall be made available to the Fire Code Official upon request for review for a period of at least three years.

(Effective January 1, 2005)

SECTION 903

AUTOMATIC SPRINKLER SYSTEMS

*Delete paragraph 903.2 in its entirety and substitute in its place the following:

903.2 The requirements for the installation, design, testing and maintenance of automatic sprinkler systems shall be as required by the LSC and, as applicable, NFPA 13, Standard for the Installation of Sprinkler Systems, NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, or NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, as adopted and modified by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner. If there are any areas not specifically addressed by the LSC or by NFPA Standards 13, 13D or 13R, and which are addressed by this Code, the specific provisions of this Code shall be the minimum requirements.

(Effective January 1, 2005)

SECTION 904

ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS

*Delete paragraph 904.11 in its entirety and substitute in its place the following:

904.11 Fire protection for cooking operations

904.11.1 The design, installation, protection and maintenance of cooking equipment, shall be as required by the LSC and NFPA 96, Standard for the Ventilation Control and Fire Protection of Commercial Cooking Operations, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner. If there are any areas not specifically addressed by the LSC or by NFPA 96, and which are addressed by this Code, the specific provisions of this Code shall be the minimum requirements.

904.11.2 Fire suppression systems approved for the protection of commercial cooking equipment shall be designed, installed, and maintained in accordance with the applicable standards adopted in Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2005)

SECTION 905

STANDPIPE SYSTEMS

*Delete paragraph 905.1 in its entirety and substitute in its place the following:

905.1 General. The State's minimum requirements for standpipe systems shall be as required by this Code, International Fire Code (IFC). If there are any areas not specifically addressed by this Code IFC and which are addressed by the LSC, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner, the requirements of the LSC shall be the State minimum requirements. Standpipe systems shall be installed and maintained in accordance with NFPA 14, Standard for the Installation of Standpipe, Private Hydrant, and Hose Systems, and NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, as adopted by Chapter120-3-3, Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2005)

SECTION 906

PORTABLE FIRE EXTINGUISHERS

*Delete paragraph 906.1 in its entirety and substitute in its place the following:

906.1 Portable fire extinguishers - general. Unless specifically prohibited in the LSC, portable fire extinguishers shall be installed in all buildings, structures and facilities falling under the Rules and Regulations of the Safety Fire Commissioner. Any area not specifically addressed in the LSC and which are addressed by this Code or by any of the standards or codes adopted by the various chapters of the Rules and Regulations of the Safety Fire Commissioner, the provisions addressed by the other applicable standard or code shall be the State minimum requirements.

(Effective January 1, 2005)

*Delete paragraph 906.2 in its entirety and substitute in its place the following:

906.2 General requirements. The selection, installation and maintenance of portable fire extinguishers shall comply with NFPA 10, Standard for Portable Fire Extinguishers, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner.

Exception: The maximum travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 occupancies.

(Effective January 1, 2005)

SECTION 907

FIRE ALARM AND DETECTION SYSTEMS

*Delete paragraph 907.1 in its entirety and substitute in its place the following, while retaining existing subsections:

907.1 Fire alarm systems - general. The State's minimum requirements for fire alarm systems shall be as required by the LSC, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner. If there are any areas not specifically addressed by the LSC and which are addressed by the IBC or by this Code, the requirements of the IBC or this Code shall be the State minimum requirements. Fire alarm systems shall be installed and maintained in accordance with NFPA 72, National Fire Alarm Code, as adopted by Chapter 120-3-3,Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2005)

*Delete paragraph 907.2 in its entirety and substitute in its place the following:

907.2 Smoke detectors - general. The State's minimum requirements for smoke detectors or smoke detection systems shall be as required by the LSC, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner, except where they are specifically addressed by the O.C.G.A. Title 25, Chapter 2. If there are any areas not specifically addressed by the LSC or by O.C.G.A. Title 25, Chapter 2, and which are addressed by the IBC or by this Code, the requirements of the IBC or this Code shall be the State minimum requirements. Such detectors installed as required by O.C.G.A. Title 25, Chapter 2, and the applicable provisions of the Rules and Regulations of the Safety Fire Commissioner shall be properly maintained in an operable condition.

(Effective January 1, 2005)

*Delete paragraph 907.3 in its entirety.

SECTION 909

SMOKE CONTROL SYSTEMS

*Add a new paragraph 909.2.1 to read as follows:

909.2.1 Smoke control. For guidance on designing, installing, acceptance testing, periodic testing, and maintaining engineered smoke-control systems, see the following (see LSC A.23.3.1.3 for existing detention and correctional occupancies):

(1) NFPA 92A, Recommended Practice for Smoke-Control Systems

(2) NFPA 92B, Guide for Smoke Management Systems in Malls, Atria, and Large Areas

(3) NFPA SPP-53, Smoke Control in Fire Safety Design

(4) ASHRAE/SFPE, Design of Smoke Management Systems

(5) ASHRAE, Guideline 5: Guideline for Commissioning Smoke Management Systems.

(Effective January 1, 2005)

SECTION 910

SMOKE AND HEAT VENTS

*Add an exception to paragraph 910.1 to read as follows:

Exception 2: ESFR Sprinkler system(s). In areas of buildings protected throughout by an approved automatic ESFR sprinkler system(s), neither smoke or heat venting nor mechanical smoke removal systems are required.

(Effective January 1, 2005)

CHAPTER 10

MEANS OF EGRESS

SECTION 1001

GENERAL

*Delete paragraph 1001.1 in its entirety and substitute in its place the following:

1001.1 The State's means of egress requirements and all components thereof, with the exception of mezzanines, unless otherwise addressed in the Rules and Regulations of the Safety Fire Commissioner, shall be established by the LSC, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner.

1001.1.1 The State's minimum requirements for means of egress from mezzanines shall be established by the Life Safety as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2005)

*Add the following paragraph 1001.3 to read as follows:

1001.3 Overcrowding prevention. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. It is the responsibility of the manager and the person in charge of a building, structure, or portion thereof not to allow an overcrowded condition or any condition which constitutes a life safety hazard to exist, and to take prompt action to remedy an overcrowded condition or life safety hazard when evidence of such a condition is noted, or when advised or ordered by the Fire Code Official or his/her representative.

(Effective January 1, 2005)

CHAPTER 11

AVIATION FACILITIES

SECTION 1103

GENERAL PRECAUTIONS

*Delete paragraph 1103.5 in its entirety and substitute in its place the following:

1103.5 Dispensing of flammable and combustible liquids. No dispensing, transfer or storage of flammable or combustible liquids shall be permitted inside any building or structure.

Exceptions:

1. As provided in Chapter 34 of this Code, provided the provisions are not less protective than the provisions of any applicable codes and standards adopted by the Rules and Regulations of the Safety Fire Commissioner.

2. When the procedures used follow the guidelines and requirements set forth in NFPA 410 - Standard for Aircraft Maintenance.

(Effective January 1, 2005)

SECTION 1107

HELISTOPS AND HELIPORTS

*Delete paragraph 1107.1 in its entirety and substitute in its place the following:

1107.1 General. Helistops and heliports shall be maintained in accordance with Section 1107. Helistops and heliports on buildings or structures shall be constructed in accordance with the IBC and the requirements set forth by NFPA 418 - Standard for Heliports.

(Effective January 1, 2005)

CHAPTER 27

HAZARDOUS MATERIALS-GENERAL PROVISIONS

SECTION 2701

GENERAL

*Delete paragraph 2701.1 in its entirety and substitute in its place the following:

2701.1 Scope. The State's minimum requirements for the storage, handling, use, and transportation of hazardous materials such as but not limited to: aerosols (Chapter 28); compressed gases (Chapter 30); corrosive materials (Chapter 31); cryogenic fluids (Chapter 32); explosives and fireworks (Chapter 33); flammable and combustible liquids (Chapter 34); flammable gases (Chapter 35); flammable solids (Chapter 36); highly toxic and toxic materials (Chapter 37); liquefied petroleum gases (Chapter 38); organic peroxides (Chapter 39); oxidizers (Chapter 40); pyrophoric materials (Chapter 41); pyroxylin (cellulose nitrate) plastics (Chapter 42); unstable (reactive) materials (Chapter 43); water-reactive solids and liquids (Chapter 44); and other materials deemed hazardous by the Fire Code Official shall be in accordance with the applicable Rules and Regulations of the Safety Fire Commissioner. If there are areas not specifically addressed by the Rules and Regulations of the Safety Fire Commissioner, but which are addressed by this Code, the minimum standards established by this Code shall apply.

(Effective January 1, 2005)

SECTION 2703

GENERAL REQUIREMENTS

*In Table 2703.11.1, add superscript "k" to Oxidizers in the Material column and add the following footnote "k" to read as follows:

k. Group M occupancies with Class 2 and Class 3 oxidizers exceeding these quantities shall include fire protection in accordance with NFPA 430, Section 7-4.

(Effective January 1, 2005)

CHAPTER 33

EXPLOSIVES AND FIREWORKS

SECTION 3306

SMALL ARMS AMMUNITION

*Delete paragraph 3306.5.1.3 in its entirety and substitute in its place the following:

3306.5.1.3 Small arms primers or percussion caps - 10,000 on display in a non-sprinklered building; 25,000 on display in a sprinklered building.

(Effective January 1, 2005)

SECTION 3308

FIREWORKS DISPLAY

*Delete paragraph 3308.1 in its entirety and substitute in its place the following:

3308.1 General provisions. In addition to the requirements of this Section for the display of fireworks the provisions of O.C.G.A. Title 25, Chapter 2, and Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, shall apply. Where there may be a conflict between a provision of this Section and a provision of the above referenced law or regulation, the provision of the above referenced law or regulation shall apply. Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for the signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for the use by military organizations.

(Effective January 1, 2005)

CHAPTER 38

LIQUEFIED PETROLEUM GASES

*Delete Chapter 38 in its entirety and substitute in its place the following:

The provisions relating to the storage and handling of liquefied petroleum gases shall be those in NFPA 58, Liquefied Petroleum Gas Code, as adopted by Chapter 120-3-16, Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2005)

End of Amendments

GEORGIA STATE MINIMUM

STANDARD PLUMBING CODE

(INTERNATIONAL PLUMBING CODE)

The STANDARD PLUMBING CODE (International Plumbing Code), 2000 Edition, published by the Southern Building Code Congress International, Inc. (International Code Council), when used in conjunction with these Georgia Amendments and the Georgia Amendments adopted effective January 1 of 2001, 2002, 2003 and 2004, shall constitute the official Georgia State Minimum Standard Plumbing Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of performance ratings of plumbing equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Plumbing Code (International Plumbing Code)shall apply to the erection, installation, alteration, replacement, repairs, relocation, addition, use or maintenance of plumbing systems within the State of Georgia. The installation of fuel gas distribution piping and equipment, fuel gas-fired water heaters and water heater venting systems shall be regulated by NFPA 54 (National Fuel Gas Code).

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILERS/WATER HEATERs aND PRESSURE VESSELS

(a) The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

CHAPTER 3

GENERAL REGULATIONS

SECTION 306

TRENCHING, EXCAVATION AND BACKFILL

*Revise Section 306.3 'Backfilling.'

306.3 Backfilling. Loose earth free from rocks, broken concrete, frozen chunks and other rubble, shall be placed in the trench in 6-inch (153 mm) layers and tamped in place until the crown of the pipe is covered by a minimum of 6 inches (153 mm) of tamped earth. The backfill under and beside the pipe shall be compacted for pipe support. Backfill shall be brought up evenly on both sides of the pipe so that the pipe remains aligned. In instances where the manufacturer's installation instructions for materials are more restrictive than those prescribed by the code, the material shall be installed in accordance with the more restrictive requirement.

(Effective January 1, 2005)

CHAPTER 5

WATER HEATERS

SECTION 502

INSTALLATION

*Revise Section 502.2 'Water heaters installed in garages' to add exception.

502.2 Water heaters installed in garages.

Exception:

Elevation of the ignition source is not required for appliances that are listed and labeled as flammable vapor resistant and for installation without elevation.

(Effective January 1, 2005)

SECTION 504

SAFETY DEVICES

*Revise Section 504.6.1 'Discharge' of the Georgia Amendments revised January 1, 2002 and rename 'Relief discharge.'

504.6.1 Relief discharge. The relief valve shall discharge full size, separately to a safe place of disposal such as a concrete floor, outside the building, an indirect waste receptor, or other approved location. The discharge shall terminate in a manner that does not cause injury to occupants in the immediate area or structural damage to the building. The discharge pipe shall not be trapped. When the relief valve discharge piping goes upward a thermal expansion control device shall be installed on the cold water distribution or service pipe in accordance with Section 607.3.2 (GA Amendments). Provisions shall be made at the low point to drain the trapped portion of the discharge pipe.

(Effective January 1, 2005)

*Revise Section 504.7 'Required pan' of the Georgia Amendments revised January 1, 2002 to add exception.

504.7 Required pan.

Exception:

A pan is not required when the water heater is located on a concrete floor or a wood floor covered with vinyl or tile flooring.

(Effective January 1, 2005)

CHAPTER 6

WATER SUPPLY AND DISTRIBUTION

SECTION 602

WATER REQUIRED

*Revise Section 602.2 'Potable water required' to add exception.

602.2 Potable water required.

Exception:

Fixture shutoff valves are not required on tubs and showers.

(Effective January 1, 2005)

CHAPTER 10

TRAPS, INTERCEPTORS AND SEPARATORS

SECTION 1003

INTERCEPTORS AND SEPARATORS

*Revise Section 1003.4 'Oil separators required' to add sentence.

1003.4 Oil separators required. In elevator pits where oil containment complies with the Georgia Department of Labor Elevator Rules and Regulations, no additional oil separator shall be required.

(Effective January 1, 2005)

*Delete Section 1003.5 'Oil separators' of the Georgia Amendments revised January 1, 2001 without substitution. Revert to original Section 1003.5 'Sand interceptors in commercial establishments.'

(Effective January 1, 2005)

GA STATE AMENDMENTS

*Delete Appendix J in the current Georgia State Amendments without substitution.

(Effective January 1, 2005)

End of Amendments

GEORGIA STATE MINIMUM

STANDARD MECHANICAL CODE

(INTERNATIONAL MECHANICAL CODE)

The STANDARD MECHANICAL CODE (International Mechanical Code), 2000 Edition, published by the Southern Building Code Congress International, Inc. (International Code Council), when used in conjunction with these Georgia Amendments and the Georgia Amendments adopted effective January 1 of 2001 and 2004, shall constitute the official Georgia State Minimum Standard Mechanical Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of performance ratings of mechanical equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Mechanical Code (International Mechanical Code) shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the Georgia State Minimum Standard Gas Code (International Fuel Gas Code).

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

(a) The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

CHAPTER 4

VENTILATION

SECTION 403

MECHANICAL VENTILATION

*Revise Section 403.3 'Ventilation rate' to add exception.

403.3 Ventilation rate.

Exception #2:

The minimum outdoor airflow rate may also be determined in accordance with Addendum "n" of ASHRAE 62-2001 as an alternate method.

(Effective January 1, 2005)

CHAPTER 6

DUCT SYSTEMS

SECTION 603

DUCT CONSTRUCTION AND INSTALLATION

*Revise Section 603.1 'General' to add.

603.1 General.

Ducts and duct systems complying with the following applicable standards shall be deemed as meeting the intent of this code:

1. SMACNA Fibrous Glass Duct Construction Standards; or SMACNA HVAC Duct Construction Standards-Metal and Flexible; or NAIMA Fibrous Glass Duct Construction Standards.

2. ASHRAE Handbook

3. UL-181; UL-181A and UL-181B

4. ADC Flexible Duct Performance and Installation Standards

5. ACCA Manual D-Residential Duct Systems; ACCA Manual Q-Commercial Low Pressure, Low Velocity Duct System Design.

(Effective January 1, 2005)

CHAPTER 15

REFERENCED STANDARDS

*Revise Chapter 15 'Referenced Standards' to add.

(Effective January 1, 2005)

ACCA

Air Conditioning Contractors of America

2800 Shirlington Road, Suite 300

Arlington, VA 22206

Standard reference number

Title

Referenced in code section number

Manual D

Residential Duct Systems

603.1

Manual Q

Commercial Low Pressure, Low Velocity

Duct System Design

603.1

ADC

Air Diffusion Council

1000 East Woodfield Road, Suite 102

Schaumburg, IL 60173

Standard reference number

Title

Referenced in code section number

Flexible Duct Performance and Installation Standards

(Third Edition 2003)

603.1

NAIMA North American Insulation Manufacturers Association 44 Canal Center Plaza, Suite 310 Alexandria, VA 22314

Standard reference number

Title

Referenced in code section number

Fibrous Glass Duct Construction Standards

603.1

UL

Underwriters Laboratories Inc.

333 Pfingsten Road

Northbrook, IL 60062-2096

Standard reference number

Title

Referenced in code section number

181A-94

Standard for Closure Systems for Use with Rigid Air Ducts and Air Connectors

603.1

181B-95

Standard for Closure Systems for Use with Flexible Air Ducts and Air Connectors

603. 1

End of Amendments

GEORGIA STATE MINIMUM

STANDARD BUILDING CODE

(INTERNATIONAL BUILDING CODE)

The STANDARD BUILDING CODE (International Building Code), 2000 Edition, published by the Southern Building Code Congress International, Inc. (International Code Council), when used in conjunction with these Georgia Amendments and the Georgia Amendments adopted effective January 1 of 2002, 2003 and 2004, shall constitute the official Georgia State Minimum Standard Building Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of performance ratings of equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Building Code (International Building Code) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the Georgia State Minimum Standard One and Two Family Dwelling Code (International Residential Code for One- and Two-Family Dwellings).

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

CHAPTER 2

DEFINITIONS

SECTION 202

DEFINITIONS

*Revise Section 202 'Definitions' to add definition of 'Elevator Door Opening Protective Device.'

ELEVATOR DOOR OPENING PROTECTIVE DEVICE. Any device that either independently or in conjunction with the (elevator) door assembly allows the device(s) to meet the requirements of Section 714.2.3.

(Effective January 1, 2005)

CHAPTER 4

SPECIAL DETAILED REQUIREMENTS BASED ON

USE AND OCCUPANCY

SECTION 403

HIGH-RISE BUILDINGS

*Delete Section 403.9 'Elevators,' rename 'Elevators and elevator lobbies' and substitute.

403.9 Elevators and elevator lobbies.

403.9.1 All elevators on all floors shall open into elevator lobbies which are separated from the remainder of the building by non-rated smoke partitions with automatic or self-closing doors in accordance with Section 714.

Exceptions:

1. Elevator lobbies within an atrium.

2. Elevators which are located on the exterior of the building and served by exterior walkways.

3. The main entrance level of the building except as required by Section 403.9.5.

4. Elevator shafts which connect three contiguous stories or less within the building.

5. Elevators which serve open air parking decks and not more than one floor in accordance with Section 406.3 beneath other occupancies.

6. Hoistways which are provided with a mechanical smoke control system designed to resist the migration of smoke to other floors through the hoistway in accordance with Section 513 of the International Mechanical Code.

7. In buildings protected with an approved automatic sprinkler system in accordance with Section 903, lobbies are not required where a listed elevator door opening protective device, in compliance with Section 1001.1 (GA Amendments), is provided at the hoistway opening other than at the designated primary and alternate floors of elevator return, subject to approval by the authority having jurisdiction.

403.9.2 Each elevator lobby shall have at least one means of egress, shall contain at least thirty square feet (2.79 m2) for each elevator cab discharging into the lobby, but no area less than the largest cab discharging into the lobby, and shall have no lobby dimension less than five feet (1.53 m). Openings in the elevator lobby shall be limited to those required for access to theelevators and for egress from the building. Approved smoke dampers shall be installed where mechanical ducts penetrate the lobby enclosure.

403.9.3 Each elevator lobby shall be provided with an approved smoke detector located on the lobby ceiling. When the detector is activated, elevator doors shall not open and all cars serving that lobby are to return to the main floor and be under manual control only. If the main floor detector or a transfer floor detector is activated, all cars serving the main floor or transfer floor shall return to a location approved by the fire department and building official and be under manual control only. The detector may serve to close the lobby doors.

403.9.4 Elevator operation and installation shall be in accordance with Chapter 30.

403.9.5 Designated floors for elevator return. New elevators, escalators, dumbwaiters, and moving walks shall be installed in accordance with the requirements of ANSI/ASME A17.1, Safety Code for Elevators and Escalators. The elevator lobby of the designated floor and the alternate floor specified by Rule 2.27.3 shall be separated from the remainder of the building by 1 hour fire-rated construction. In buildings equipped with automatic sprinkler protection, smoke partitions in accordance with Section 8.2.4 (NFPA 101, 2000 Edition) may be used in lieu of 1 hour fire-rated construction. Except health care occupancies, openings in the elevator lobby shall be limited to those required for access to the elevators from exit access corridors only. Elevator lobbies may be used as part of the means of egress from the building.

Exceptions:

1. Elevator lobbies are not required within an atrium.

2. Elevator lobbies are not required where elevators are installed on open exterior walls.

3. Elevator lobbies are not required where elevators are installed in open air parking structures.

4. Elevator lobbies are not required in buildings three stories or less with vertical openings protected in accordance with the applicable occupancy chapter.

5. Elevator lobbies are not required in mercantile occupancies that have properly protected openings for escalators or stairs.

6. Existing installations acceptable to the authority having jurisdiction.

(Effective January 1, 2005)

CHAPTER 7

FIRE-RESISTANCE-RATED CONSTRUCTION

SECTION 707

SHAFT AND VERTICAL EXIT ENCLOSURES

*Delete Section 707.14.1 'Elevator lobby' of the Georgia Amendments revised January 1, 2002. Delete Section 707.14 'Elevator and dumbwaiter shafts' and substitute.

707.14 Elevator and dumbwaiter shafts. Elevator hoistway and dumbwaiter enclosures shall be constructed in accordance with this section, Sections 403.9 and 707.4 and Chapter 30.

707.14.1 Elevator lobby. Elevator lobbies opening onto floors required to be provided with fire-rated exit access corridors and elevator lobbies in high-rise buildings shall be provided with an elevator lobby at each floor. The elevator lobby shall be separated from exit access corridors by 1 hour fire barriers with all duct penetrations protected with approved automatic smoke dampers. Each elevator lobby shall have at least one means of egress, shall contain atleast thirty square feet (2.79 m2) for each elevator cab discharging in the lobby, but no area less than the largest cab discharging into the lobby, and shall have no lobby dimension less than five feet (1.53 m). Openings into the elevator lobby shall be limited to those required for access to the elevators and for egress from the building.

Exceptions:

1. In office buildings, elevator lobbies are not required from a street floor lobby provided the entire street floor is equipped with an automatic sprinkler system in accordance with Section 903.3.1.1, except as provided in Section 707.14.2.

2. Elevators not required to be located in a shaft in accordance with Section 707.2.

3. Where additional doors are provided in accordance with Section 3002.6.

4. In other than Groups I-2 and I-3, and buildings which are not classified as high-rise buildings, lobby separation is not required where the building is protected by an automatic sprinkler system installed throughout in accordance with Section 903.3.1.1 or 903.3.1.2.

5. Elevator lobbies are not required within an atrium.

6. Elevators which are located on the exterior of the building and served by exterior walkways.

7. Elevators which serve open air parking decks in accordance with Section 406.3 beneath other occupancies.

8. Hoistways which are provided with mechanical systems designed to resist the passage of smoke to other floors through the hoistway.

9. Lobbies are not required where a listed elevator door opening protective device, in compliance with Section 1001.1 (GA Amendments), is provided at the hoistway opening other than at the designated primary and alternate floors of elevator return, subject to approval by the authority having jurisdiction.

10. Elevator shafts which connect three contiguous stories or less within the building.

707.14.2 Designated floors for elevator return. New elevators, escalators, dumbwaiters, and moving walks shall be installed in accordance with the requirements of ANSI/ASME A17.1, Safety Code for Elevators and Escalators. The elevator lobby of the designated floor and the alternate floor specified by Rule 2.27.3 shall be separated from the remainder of the building by 1 hour fire-rated construction. In buildings equipped with automatic sprinkler protection, smoke partitions in accordance with Section 8.2.4 (NFPA 101, 2000 Edition) may be used in lieu of 1 hour fire-rated construction. Except health care occupancies, openings in the elevator lobby shall be limited to those required for access to the elevators from exit access corridors only. Elevator lobbies may be used as part of the means of egress from the building.

Exceptions:

1. Elevator lobbies are not required within an atrium.

2. Elevator lobbies are not required where elevators are installed on open exterior walls.

3. Elevator lobbies are not required where elevators are installed in open air parking structures.

4. Elevator lobbies are not required in buildings three stories or less with vertical openings protected in accordance with the applicable occupancy chapter.

5. Elevator lobbies are not required in mercantile occupancies that have properly protected openings for escalators or stairs.

6. Existing installations acceptable to the authority having jurisdiction.

(Effective January 1, 2005)

CHAPTER 16

STRUCTURAL DESIGN

SECTION 1615

EARTHQUAKE LOADS-SITE GROUND MOTION

*Revise Section 1615.1 'General procedure for determining maximum considered earthquake and design spectral response accelerations' to add exception and two new figures.

1615.1 General procedure for determining maximum considered earthquake and design spectral response accelerations.

Exception #2:

As an alternate Figures 1615(11) and 1615(12) shall be permitted to be used in Georgia.

(Effective January 1, 2005)

FIGURE 1615(11)

MAXIMUM CONSIDERED EARTHQUAKE GROUND MOTION FOR GEORGIA OF 0.2 SEC SPECTRAL RESPONSE ACCELERATION (5 PERCENT OF CRITICAL DAMPING), SITE CLASS B

FIGURE 1615(12)

MAXIMUM CONSIDERED EARTHQUAKE GROUND MOTION FOR GEORGIA OF 1.0 SEC SPECTRAL RESPONSE ACCELERATION (5 PERCENT OF CRITICAL DAMPING), SITE CLASS B

SECTION 1616

EARTHQUAKE LOADS-CRITERIA SELECTION

*Revise Section 1616.3 'Determination of seismic design category' to add exception.

1616.3 Determination of seismic design category.

Exception:

The seismic design category is permitted to be determined from Table 1616.3(1) alone when all of the following apply:

1. The approximate fundamental period of the structure, Ta, in each of the two orthogonal directions determined in accordance with 1617.4.2.1 is less than 0.8 Ts, determined in accordance with 1615.1.4;

2. Equation 16-35 is used to determine the seismic response factor, Cs; and

3. The diaphragms are rigid as defined in Section 1602.

(Effective January 1, 2005)

CHAPTER 23

WOOD

SECTION 2304

GENERAL CONSTRUCTION REQUIREMENTS

*Revise Section 2304.9.5 'Fasteners in preservative-treated and fire-retardant-treated wood' and rename 'Fasteners in naturally durable, preservative-treated and fire-retardant-treated wood.'

2304.9.5 Fasteners in naturally durable, preservative-treated and fire-retardant-treated wood. Fasteners for naturally durable wood shall be resistant to corrosion or be protected to resist corrosion. Where sacrificial coatings are applied to fasteners, a minimum coating thickness capable of protecting the fastener for the expected service life of the structure shall be provided. Fasteners for preservative-treated and fire-retardant-treated wood shall be of hot-dipped zinc-coated galvanized steel, stainless steel, silicon bronze or copper. Fastenings for wood foundations shall be as required in AF&PA Technical Report No. 7. The coating weights for zinc-coated fasteners shall be in accordance with ASTM A 153M or ASTM A 641, Supplementary Requirements.

(Effective January 1, 2005)

End of Amendments

GEORGIA STATE

ENERGY CODE FOR BUILDINGS

(INTERNATIONAL ENERGY CONSERVATION CODE)

The GEORGIA STATE ENERGY CODE FOR BUILDINGS (International Energy Conservation Code), 2000 Edition, published by the International Code Council, when used in conjunction with these Georgia Supplements and Amendments and the Georgia Supplements and Amendments adopted effective January 1 of 2003, shall constitute this official Georgia State Minimum Standard Code.

GEORGIA STATE AMENDMENTS

SCOPE:

Each chapter of these Georgia Supplements and Amendments corresponds with a chapter of the International Energy Conservation Code (IECC).

Chapter 1: Administration and Enforcement.

Chapter 2: Definitions.

Chapter 3: Design Conditions. 'The criteria of this chapter establish the design conditions for use with Chapters 4, 5, 6 and 8.'

Chapter 4: Residential Building Design by Systems Analysis and Design of Buildings Utilizing Renewable Energy Sources. 'This chapter establishes design criteria in terms of total energy use by a residential building, including all of its systems.' (One method by which to achieve compliance for low-rise residential construction.)

Chapter 5: Residential Building Design by Component1 Performance Approach. 'Residential buildings or portions thereof that enclose conditioned space shall be constructed to meet the requirements of this chapter.' (One method by which to achieve compliance for low-rise residential construction.)This chapter offers the use of 'trade-offs,' whereby values between building components may be substituted or traded-off for compliance. A properly completed Georgia Trade-Off Worksheet2 or the use of appropriate computer software (REScheck3) may be used to validate any trade-off.

Chapter 6: Simplified Prescriptive Requirements for Residential Buildings, Type A-1 and A-2. 'This chapter sets forth energy-efficiency-related requirements for the design and construction of Type A-1 and A-2 residential buildings.' (One method by which to achieve compliance for low-rise residential construction.)

Chapter 7: Building Design for All Commercial Buildings. Commercial buildings [except those that comply with Chapter 8, Design by Acceptable Practice for Commercial Buildings; the Single Step Compliance for Simple Commercial Buildings; or appropriate computer software (COMcheck3)] shall meet the requirements of ANSI/ASHRAE/IESNA Standard 90.1-2001. (One method by which to achieve compliance for commercial and high-rise residential construction.)

Chapter 8: Design by Acceptable Practice for Commercial Buildings. 'The requirements contained in this chapter are applicable to commercial buildings, or portions of commercial buildings.' (One method by which to achieve compliance for commercial and high-rise residential construction.)

Chapter 9: Referenced Standards.

Appendix A.

Appendix B. Provides additional prescriptive methods by which to achieve compliance, simple methods and forms to assist in compliance calculations, and illustrations to assist in the understanding of compliance requirements.

Individual structures should follow a single compliance method and not a combination of compliance methods. The 'basic requirements' of the International Energy Conservation Code (IECC) apply to all compliance methods.

Where these Georgia Supplements and Amendments conflict with either the International Energy Conservation Code (IECC)or ANSI/ASHRAE/IESNA Standard 90.1-2001, these Georgia Supplements and Amendments shall take precedence.

Air infiltration accounts for substantial heat loss, heat gain and moisture migration in a building. Proper sealing around all doors, windows and other envelope penetrations through the walls, ceiling and foundation is as important to code compliance as are proper insulation R-values and component U-values.

It is not the intention of this code to abridge safety or health. Where the International Energy Conservation Code (IECC) and these Georgia Supplements and Amendments conflict with other mandatory State Minimum Standard Codes, the International Energy Conservation Code (IECC) and these Georgia Supplements and Amendments shall be enforced as written provided safety, health or environmental requirements of other mandatory State Minimum Standard Codes are not abridged.

CODE REFERENCE:

(a) Replace all references to ASHRAE/IESNA 90.1-1999 with references to ANSI/ASHRAE/IESNA 90.1-2001.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

---

1. 'Component' refers to a particular element of a building, such as a ceiling, an exterior wall, a floor, etc.

2. For the 'Georgia Trade-Off Worksheet,' see Appendix B.

3. REScheck and COMcheck are computer programs developed by Pacific Northwest National Laboratories for the U.S. Department of Energy to assist in demonstration of compliance with the International Energy Conservation Code (IECC). They can be obtained from the D.O.E. by calling (800) 270-CODE (2633) or free of charge online at www.energycodes.gov.

CHAPTER 3

DESIGN CONDITIONS

SECTION 302

THERMAL DESIGN PARAMETERS

*Revise Figure 302.1(11) 'Georgiaa' to change Cherokee County and Forsyth County from Climate Zone 8 to Climate Zone 7A.

(Effective January 1, 2005)

CHAPTER 5

RESIDENTIAL BUILDING DESIGN BY COMPONENT

PERFORMANCE APPROACH

SECTION 502

BUILDING ENVELOPE REQUIREMENTS

*Revise Note #2 of Section 502.2.1.2 'Roof/ceiling.'

502.2.1.2 Roof/ceiling.

Note #2:

Weather-stripped access doors (minimum U-0.35), weather-stripped hatches/scuttle hole covers (minimum R-19 insulation or U-0.05), or weather-stripped disappearing/pull-down stairs (minimum U-0.35) shall be calculated as a sub-element with a U-factor of U-0.05 or insulation R-value of R-19. Weather-stripping, factory applied or approved by the local Building Official, shall be deemed to meet Table 502.2a Footnote a, Sections 502.1.4 Air leakage and 502.1.4.2 Caulking and sealants and Table 502.2.1 in Appendix B.

(Effective January 1, 2005)

*Revise Section 502.2.1.6 'Basement walls,' add superscript '1' to title and add exceptions and notes.

502.2.1.6 Basement walls1. The exterior walls of conditioned basements2 shall have a thermal transmittance value not exceeding the valve given in Table 502.2 from the top of the basement wall to a depth of 10 feet (3048 mm) below grade, or to the level of the basement floor, whichever is less.

Exceptions:

1. For conditioned basements in Climate Zones 4B, 5A, 6B and 7A, insulate the Mass Wall with minimum R-5 insulation and the cavity in Stud Walls, Cripple Walls and Bands with minimum R-11 insulation.

2. For conditioned basements in Climate Zone 8, insulate the Mass Wall with minimum R-6 insulation and the cavity in Stud Walls, Cripple Walls and Bands with minimum R-11 insulation.

When using Exceptions 1 or 2, the basement is "Deemed to Comply" with the Georgia State Energy Code; if the rest of the dwelling complies by any method in Chapters 5 or 6 or by another approved compliance method, the whole dwelling is "Deemed to Comply."

Note 1: IECC defines a 'basement wall' as 'the opaque portion of a wall which encloses one side of a basement and having an average below-grade area greater than or equal to 50 percent of its total wall area, including openings.'

Note 2: 'Basement' is defined in the Georgia Amendments to the CABO One and Two Family Dwelling Code (International Residential Code), revised January 1, 2002.

(Effective January 1, 2005)

*Revise Section 502.2.3.6 'Basement walls,' add superscript '1' to title and add exceptions and notes.

502.2.3.6 Basement walls1. The exterior walls of conditioned basements2 shall have a thermal transmittance value not exceeding the valve given in Table 502.2 from the top of the basement wall to a depth of 10 feet (3048 mm) below grade, or to the level of the basement floor, whichever is less. The U-factor of the wall shall be determined by selecting the U-factor for the wall section from Appendix A Table 502.2.3.6 or Appendix B Tables 502.2.3.1(1a) or 502.2.3.1(1b).

Exceptions:

1. For conditioned basements in Climate Zones 4B, 5A, 6B and 7A, insulate the Mass Wall with minimum R-5 insulation and the cavity in Stud Walls, Cripple Walls and Bands with minimum R-11 insulation. When using this Exception, include all openings and exclude any opaque area of the walls in the basement when calculating Percent of Openings.

2. For conditioned basements in Climate Zone 8, insulate the Mass Wall with minimum R-6 insulation and the cavity in Stud Walls, Cripple Walls and Bands with minimum R-11 insulation. When using this Exception, include all openings and exclude any opaque area of the walls in the basement when calculating Percent of Openings.

When using Exceptions 1 or 2, the basement is "Deemed to Comply" with the Georgia State Energy Code; if the rest of the dwelling complies by any method in Chapters 5 or 6 or by another approved compliance method, the whole dwelling is "Deemed to Comply."

Note 1: IECC defines a 'basement wall' as 'the opaque portion of a wall which encloses one side of a basement and having an average below-grade area greater than or equal to 50 percent of its total wall area, including openings.'

Note 2: 'Basement' is defined in the Georgia Amendments to the CABO One and Two Family Dwelling Code (International Residential Code), revised January 1, 2002.

(Effective January 1, 2005)

*Add new Table 502.2.3.6 'Conditioned Walls in Basements.'

See page 7.

(Effective January 1, 2005)

*Revise Section 502.2.4 'Compliance by prescriptive specification on an individual component basis.'

Section 502.2.4 Compliance by prescriptive specification on an individual component basis. For buildings with a window area less than or equal to 15 percent, 18 percent, 25 percent, or 30 percent (Type A-1 residential buildings) or 22 percent or 25 percent (Type A-2 residential buildings) of the gross exterior wall area, the thermal resistance of insulation applied to the opaque building envelope components shall be greater than or equal to the minimum R-values, and the thermal transmittance of all fenestration assemblies shall be less than or equal to the maximum U-factors shown in Tables 502.2.4(1), 502.2.4(2), 502.2.4(3), 502.2.4(4), 502.2.4(5), 502.2.4(6), or 502.2(7), as applicable. Sections 502.2.4.1 through 502.2.4.12 and 502.2.4.15 through 502.2.4.17 shall apply to the use of these tables.

Note: Percent refers to the Percent of Opening to be determined by dividing the total openings (including conditioned basement openings) by the Gross Wall Area. For these tables the Gross Wall Area is the normal projection of all exterior walls above grade enclosing conditioned space, including all windows and doors therein. When using these tables, include openings in the basement and exclude the opaque wall area in the basement when calculating Percent of Openings. Percent of Openings = 100 x (Openings in Floors Above Grade + Openings in Basement) / (Gross Wall Area Above Grade + Openings in Basement).

(Effective January 1, 2005)

CHAPTER 9

REFERENCED STANDARDS

*Revise Chapter 9 'Reference Standards' to update NFRC Standard Reference Numbers.

(Effective January 1, 2005)

NFRC

National Fenestration Rating Council, Inc.

Suite 120

1300 Spring Street Park

Silver Spring, MD 20910

Standard reference number

Title

Referenced in code section number

100-97, -01

Procedure for Determining Fenestration Product U-Factors

102.5.2, 601.3.2, 601.3.2.1

200-97, -01

Procedure for Determining Fenestration Product Solar Heat Gain Coefficients and Visible Transmittance at Normal Incidence

102.5.2, 601.3.2, 601.3.2.1

GA STATE SUPPLEMENTS AND AMENDMENTS

*Revise Table 502.2.1 of Appendix B of the Georgia Supplements and Amendments revised January 1, 2003 to add Note 1 and renumber notes.

See page 7.

(Effective January 1, 2005)

Revise Table 502.2.3.1(1a) 'Wall R-values 2 x 4 Wood Studs 16" OC (Insulation plus sheathing)' of Appendix B of the Georgia Supplements and Amendments revised January 1, 2003.

See page 8.

(Effective January 1, 2005)

*Delete Tables 502.2.4(1-9) and Tables 502.2.4(1-5) and 602.1 of the Georgia Supplements and Amendments revised January 1, 2003 and substitute with new Tables 502.2.4(1-7) and 602.1.

See pages 9-12.

(Effective January 1, 2005)

*Revise Table 701 'Minimum Thermal Component Requirements' of the Georgia Supplements and Amendments revised January 1, 2003.

See page 13.

(Effective January 1, 2005)

*Delete Single Step Residential Energy Code Compliance Tables of Appendix B of the Georgia Supplements and Amendments revised January 1, 2003 and substitute.

See pages 14-28.

(Effective January 1, 2005)

End of Amendments

TABLE 502.2.1 SUMMARY OF MINIMUM INSULATION VALUES MAXIMUM U-FACTOR FOR ENVELOPE COMPONENTS

ELEMENT1

MODE

TYPE A-1 & A-2 RESIDENTIAL BUILDINGS

R-value

Walls Stud

Heating or cooling

R-11

Walls Masonry/CMU2

Heating or cooling

R-5

Attic Knee Walls3

Heating or cooling

R-19

Roof/ceiling

Heating or cooling

R-19

Floor over unheated spaces

Heating or cooling

R-11

Windows4

Heating or cooling

U-0.65 with max. SHGC 0.40

Note 1: Weather-stripped access doors (minimum U-0.35), weather-stripped hatches/scuttle hole covers (minimum R-19 insulation or U-0.05), or weather-stripped disappearing/pull-down stairs (minimum U-0.35) shall be deemed to meet the minimum insulation R-values of any Element. Note 2: Any Mass wall above or below grade. Note 3: Attic Knee wall for purpose of Georgia Energy Code is defined as any vertical or near vertical wall in the building envelope that has conditioned space on one side and attic space on the other side. Exception: When the attic space formed by the Attic Knee Wall, the ceiling of the floor below and the sloped roof is not vented and the sloped roof is insulated (the insulated roof is the building envelope). Note 4: Maximum window U-factor shall be 0.65 and maximum SHGC shall be 0.40. These window requirements were implemented on January 1, 2004.

TABLE 502.2.3.6

CONDITIONED WALLS IN BASEMENTS

REQUIRED INSULATION R-VALUE FOR COMBINATION BASEMENT MASS WALLS AND STUD WALLS

CLIMATE ZONE FROM FIGURE 302.1(11)

Mass Wall

Stud Wall

Bands

4B

R-5

R-11

R-11

5A

R-5

R-11

R-11

6B

R-5

R-11

R-11

7A

R-5

R-11

R-11

8

R-6

R-11

R-11

Note: Include all openings and exclude any opaque area of the walls in the basement when calculating Percent of Openings when using this Table.

TABLE 502.2.3.1(1A)

WALL R-VALUES 2 X 4 WOOD STUDS 16'' OC (INSULATION PLUS SHEATHING)

R-11

R-12

R-13

R-14

R-15

R-16

R-17

R-18

Attic Knee Wall

R-19

R-20

R-11 Batts & Plywood /OSB (R-10.91) (U-0.0916)

R-11 Batts & Fiberboard (R-11.68) (U-0.0859)

R-11 Batts & R-2 Foam (R-12.42) (U-0.0805)

R-11 Batts & R-3 Foam (R-13.50) (U-0.0741)

R-11 Batts & R-4 Foam (R-14.56) (U-0.0686)

R-11 Batts & R-5 Foam (R-15.62) (U-0.0640)

R-11 Batts & R-6 Foam (R-16.66) (U-0.060)

R-11 Batts & R-7 Foam (R-17.70) (U-0.0565)

2x6 wall R-19 Batts (R-15.42) (U-0.0648)

R-11

Batts & R-8 Foam (R-18.73) (U-0.0534)

R-11 Batts & R-9 Foam (R-19.77) (U-0.0506)

R-11 Batts & Gypsum 2 sides (Garage) (R-10.61) (U-0.0942)

R-11 Batts & Plywood/ OSB Fiberboard (R-12.36) (U-0.0809)

R-13 Batts & Gypsum on Two Sides (Garages) (R-11.52) (U-0.0868)

R-13 Batts & Fiberboard (R-12.64) (U-0.0791)

R-13 Batts & R-2 Foam (R-13.42) (U-0.0745)

R-13 Batts & R-3 Foam (R-14.53) (U-0.0688)

R-13 Batts & R-4 Foam (R-15.63) (U-0.0640)

R-13 Batts & R-5 Foam (R-16.71) (U-0.0598)

2x4 wall R-19 Batts (R-13.08) (U-0.0764)

R-13 Batts & R-6 Foam (R-17.79) (U-0.0562)

R-13 Batts & R-7 Foam (R-18.85) (U-0.0530)

R-11 Batts & Plywood /OSB Unfinished Basement wall (R-10.41) (U-0.0960)

R-13 Batts & Plywood/ OSB (R-11.83) (U-0.0846)

R-13 Plywood/ OSB Fiberboard (R-13.35) (U-0.0749)

R-15 Batts & Plywood/ OSB (R-12.66) (U-0.0790)

R-15 Batts & Fiberboard (R-13.51) (U-0.0740)

R-15 Batts & R-2 Foam (R-14.32) (U-0.0698)

R-15 Batts & R-3 Foam (R-15.48) (U-0.0646)

2x4 wall R-13 Batts & R-6 Foam (R-17.68) (U-0.0565)

R-15 Batts & R-4 Foam (R-16.62) (U-0.0602)

R-15 Batts & R-5 Foam (R-17.73) (U-0.0564)

R-13 Batts & Plywood/ OSB Unfinished Basement wall (R-11.3) (U-0.0884)

R-15 Batts & Gypsum on Two Sides (Garages) (R-12.32) (U-0.0811)

R-13 Batts R-0.62 OSB R-3 Foam (R-15.22) (U-0.0657)

R-13 Batts R-0.62 OSB R-4 Foam (R-16.3) (U-0.0613)

R-13 R-0.62 OSB R-5 Foam (R-17.38) (U-0.0575)

2x4 wall R-15 Batts & R-4 Foam (R-16.50) (U-0.0606)

R-19 Batts & Plywood/ OSB (R-15.84) (U-0.0631)

R-19 Batts & Fiberboard (R-16.65) (U-0.0601)

2x6 wall R-15 Batts & R-4 Foam (R-17.94) (U-0.0557)

R-19 Batts & OSB Unfinished Basement wall (R-15.75) (U-0.0635)

R-19 Batts & Gypsum on Two Sides (Garages) (R-15.53) (U-0.0644)

Wall R-values shown in this chart are for the insulated (opaque) wall areas based on 25% framing factor (bands uninsulated); does not include any openings (windows and doors). Per FTC Regulation 16 CFR 460, the R-value of the insulation shall not be more than 10% below the R-value shown in a label, fact sheet, ad, or other promotional material for that insulation. R-values shown in labels, fact sheets, ads, or other promotional materials shall be rounded to the nearest tenth. However, R-values of 10 or more may be rounded to the nearest whole number. Therefore, an R-2 Foam shall be an aged/stabilized R-1.8 or higher, an R-3 Foam shall be an aged/stabilized R-2.7 or higher, an R-4 Foam shall be an aged/stabilized R-3.6 or higher and etc. For full details on LABELING AND ADVERTISING OF HOME INSULATION see: http://www.access.gpo.gov/nara/cfr/waisidx_03/16cfr460_03.html.

TABLE 502.2.4(1)

PRESCRIPTIVE BUILDING ENVELOPE REQUIREMENTS, TYPE A-1 RESIDENTIAL BUILDINGS

WINDOW AREA 15 PERCENT OF GROSS EXTERIOR WALL AREA

Maximum

Minimum

CLIMATE ZONE [FIGURE 302.1(11)]

Glazing U-factor1

SHGC1

Ceiling R-value 2,3

Exterior Wall R-value4

Floor R-value

Basement Wall R-value5

Slab perimeter R-value6

Crawl space wall R-value

4B

0.65

0.4

R-30

R-11

R-11

R-5

R-0

R-5

5A

0.65

0.4

R-30

R-13

R-11

R-5

R-0

R-6

6B

0.65

0.4

R-30

R-13

R-19

R-5

R-0

R-7

7A-1

0.65

0.4

R-38

R-16

R-19

R-5

R-0

R-8

7A-2

0.60

0.4

R-38

R-13

R-19

R-5

R-0

R-8

8

0.60

0.4

R-38

R-16

R-19

R-6

R-0

R-10

8

0.55

0.4

R-38

R-13

R-19

R-6

R-0

R-10

Note 1: Up to 5% of the fenestration may be exempt from meeting the window/door U-factor and Solar Heat Gain Coefficient (SHGC) requirements to allow for decorative glazing.

Note 2: Up to 25% of ceiling area may be R-19 for sloped ceilings & under HVAC.

Note 3: Where ceiling is R-38 and up to 25% R-19 insulation, may use R-30 on 100% of ceiling area.

Note 4: When the Exterior Wall R-value is cavity insulation and continuous insulated sheathing, 40% of the gross wall area may be plywood/OSB (for corner bracing/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Insulate the Mass wall with listed R-value and Stud wall and Bands with Min R-11. When using this table, include openings in the basement and exclude the opaque wall area in the basement when calculating Percent of Openings.

Note 6: Foam plastic shall not be installed on the exterior of below grade foundation walls or below grade on slab foundations. See Paragraph 502.2.1.4.

TABLE 502.2.4(2)

PRESCRIPTIVE BUILDING ENVELOPE REQUIREMENTS, TYPE A-1 RESIDENTIAL BUILDINGS

WINDOW AREA 18 PERCENT OF GROSS EXTERIOR WALL AREA

Maximum

Minimum

CLIMATE ZONE [FIGURE 302.1(11)]

Glazing U-factor1

SHGC1

Ceiling R-value 2,3

Exterior Wall R-value4

Floor R-value

Basement Wall R-value5

Slab perimeter R-value6

Crawl space wall R-value

4B-1

0.60

0.4

R-30

R-11

R-11

R-5

R-0

R-5

4B-2

0.65

0.4

R-30

R-13

R-11

R-5

R-0

R-5

5A-1

0.60

0.4

R-30

R-13

R-13

R-5

R-0

R-6

5A-2

0.55

0.4

R-30

R-13

R-11

R-5

R-0

R-6

6B-1

0.60

0.4

R-30

R-15

R-19

R-5

R-0

R-7

6B-2

0.55

0.4

R-30

R-13

R-19

R-5

R-0

R-7

7A-1

0.55

0.4

R-38

R-16

R-19

R-5

R-0

R-8

7A-2

0.51

0.4

R-30

R-16

R-19

R-5

R-0

R-8

7A-3

0.50

0.4

R-38

R-13

R-19

R-5

R-0

R-8

8-1

0.50

0.4

R-38

R-16

R-19

R-6

R-0

R-10

8-2

0.47

0.4

R-30

R-16

R-19

R-6

R-0

R-10

8-3

0.45

0.4

R-38

R-13

R-19

R-6

R-0

R-10

Note 1: Up to 5% of the fenestration may be exempt from meeting the window/door U-factor and Solar Heat Gain Coefficient (SHGC) requirements to allow for decorative glazing.

Note 2: Up to 25% of ceiling area may be R-19 for sloped ceilings & under HVAC.

Note 3: Where ceiling is R-38 and up to 25% R-19 insulation, may use R-30 on 100% of ceiling area.

Note 4: When the Exterior Wall R-value is cavity insulation and continuous insulated sheathing, 40% of the gross wall area may be plywood/OSB (for corner bracing/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Insulate the Mass wall with listed R-value and Stud wall and Bands with Min R-11. When using this table, include openings in the basement and exclude the opaque wall area in the basement when calculating Percent of Openings.

Note 6: Foam plastic shall not be installed on the exterior of below grade foundation walls or below grade on slab foundations. See Paragraph 502.2.1.4.

TABLE 502.2.4(3)

PRESCRIPTIVE BUILDING ENVELOPE REQUIREMENTS, TYPE A-1 RESIDENTIAL BUILDINGS

WINDOW AREA 18 PERCENT OF GROSS EXTERIOR WALL AREA

R-13 WALL WITH PLYWOOD/OSB SHEATHING AND R-30 CEILING

Maximum Minimum

CLIMATE ZONE [FIGURE 302.1(11)]

Glazing U-factor1

SHGC1

Ceiling R-value 2

Exterior Wall R-value3

Floor R-value

Basement Wall R-value4

Slab perimeter R-value5

Crawl space wall R-value

4B-13 Wall

0.65

0.4

R-30

R-13

R-11

R-5

R-0

R-5

5A-13 Wall

0.62

0.4

R-30

R-13

R-13

R-5

R-0

R-6

6B-13 Wall

0.58

0.4

R-30

R-13

R-19

R-5

R-0

R-7

7A-13 Wall

0.48

0.4

R-30

R-13

R-19

R-5

R-0

R-8

8-13 Wall

0.43

0.4

R-30

R-13

R-19

R-6

R-0

R-10

Note 1: Up to 5% of the fenestration may be exempt from meeting the window/door U-factor and Solar Heat Gain Coefficient (SHGC) requirements to allow for decorative glazing.

Note 2: Up to 25% of ceiling area may be R-19 for sloped ceilings & under HVAC.

Note 3: When the Exterior Wall R-value is cavity insulation and continuous insulated sheathing, 40% of the gross wall area may be plywood/OSB (for corner bracing/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 4: Insulate the Mass wall with listed R-value and Stud wall and Bands with Min R-11. When using this table, include openings in the basement and exclude the opaque wall area in the basement when calculating Percent of Openings.

Note 5: Foam plastic shall not be installed on the exterior of below grade foundation walls or below grade on slab foundations. See Paragraph 502.2.1.4.

TABLE 502.2.4(4)

PRESCRIPTIVE BUILDING ENVELOPE REQUIREMENTS, TYPE A-1 RESIDENTIAL BUILDINGS

WINDOW AREA 25 PERCENT OF GROSS EXTERIOR WALL AREA

Maximum Minimum

CLIMATE ZONE

[FIGURE 302.1(11)]

Glazing U-factor1

SHGC1

Ceiling

R-value 2,3

Exterior Wall

R-value4

Floor

R-value

Basement Wall

R-value5

Slab perimeter

R-value6

Crawl space wall R-value

4B-1

0.55

0.4

R-30

R-16

R-13

R-5

R-0

R-5

4B-2

0.50

0.4

R-30

R-13

R-13

R-5

R-0

R-5

4B-3

0.45

0.4

R-30

R-11

R-11

R-5

R-0

R-5

5A-1

0.49

0.4

R-30

R-16

R-13

R-5

R-0

R-6

5A-2

0.45

0.4

R-30

R-13

R-13

R-5

R-0

R-6

5A-3

0.40

0.4

R-30

R-11

R-11

R-5

R-0

R-7

6B-1

0.45

0.4

R-30

R-15

R-19

R-5

R-0

R-7

6B-2

0.43

0.4

R-30

R-13

R-19

R-5

R-0

R-7

6B-3

0.40

0.4

R-30

R-11

R-19

R-5

R-0

R-7

7A-1

0.39

0.4

R-30

R-16

R-19

R-5

R-0

R-8

7A-2

0.37

0.4

R-30

R-13

R-19

R-5

R-0

R-8

8-1

0.35

0.4

R-38

R-13

R-19

R-6

R-0

R-10

8-2

0.36

0.4

R-30

R-16

R-19

R-6

R-0

R-10

Note 1: Up to 5% of the fenestration may be exempt from meeting the window/door U-factor and Solar Heat Gain Coefficient (SHGC) requirements to allow for decorative glazing.

Note 2: Up to 25% of ceiling area may be R-19 for sloped ceilings & under HVAC.

Note 3: Where ceiling is R-38 and up to 25% R-19 insulation, may use R-30 on 100% of ceiling area.

Note 4: When the Exterior Wall R-value is cavity insulation and continuous insulated sheathing, 40% of the gross wall area may be plywood/OSB (for corner bracing/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Insulate the Mass wall with listed R-value and Stud wall and Bands with Min R-11. When using this table, include openings in the basement and exclude the opaque wall area in the basement when calculating Percent of Openings.

Note 6: Foam plastic shall not be installed on the exterior of below grade foundation walls or below grade on slab foundations. See Paragraph 502.2.1.4.

TABLE 502.2.4(5)

PRESCRIPTIVE BUILDING ENVELOPE REQUIREMENTS, TYPE A-1 RESIDENTIAL BUILDINGS

WINDOW AREA 30 PERCENT OF GROSS EXTERIOR WALL AREA

Maximum Minimum

CLIMATE ZONE [FIGURE 302.1(11)]

Glazing U-factor1

SHGC1

Ceiling R-value 2,3

Exterior Wall R-value4

Floor R-value

Basement Wall R-value5

Slab perimeter R-value6

Crawl space wall R-value

4B-1

0.50

0.4

R-30

R-19

R-13

R-5

R-0

R-5

4B-2

0.45

0.4

R-30

R-13

R-13

R-5

R-0

R-5

5A-1

0.45

0.4

R-30

R-19

R-13

R-5

R-0

R-6

5A-2

0.40

0.4

R-30

R-13

R-13

R-5

R-0

R-6

6B-1

0.43

0.4

R-30

R-19

R-19

R-5

R-0

R-7

6B-2

0.40

0.4

R-38

R-16

R-19

R-5

R-0

R-7

6B-3

0.04

0.4

R-30

R-13

R-19

R-5

R-0

R-7

7A

0.35

0.4

R-38

R-16

R-19

R-5

R-0

R-8

8

0.34

0.4

R-387

R-16

R-19

R-6

R-0

R-10

Note 1: Up to 5% of the fenestration may be exempt from meeting the window/door U-factor and Solar Heat Gain Coefficient (SHGC) requirements to allow for decorative glazing.

Note 2: Up to 25% of ceiling area may be R-19 for sloped ceilings & under HVAC.

Note 3: Where ceiling is R-38 and up to 25% R-19 insulation, may use R-30 on 100% of ceiling area.

Note 4: When the Exterior Wall R-value is cavity insulation and continuous insulated sheathing, 40% of the gross wall area may be plywood/OSB (for corner bracing/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Insulate the Mass wall with listed R-value and Stud wall and Bands with Min R-11. When using this table, include openings in the basement and exclude the opaque wall area in the basement when calculating Percent of Openings.

Note 6: Foam plastic shall not be installed on the exterior of below grade foundation walls or below grade on slab foundations. See Paragraph 502.2.1.4.

Note 7: 100% of the ceiling shall be minimum R-38.

TABLE 502.2.4(6)

PRESCRIPTIVE BUILDING ENVELOPE REQUIREMENTS, TYPE A-2 RESIDENTIAL BUILDINGS

WINDOW AREA 22 PERCENT OF GROSS EXTERIOR WALL AREA

Maximum Minimum

CLIMATE ZONE [FIGURE 302.1(11)]

Glazing U-factor1

SHGC1

Ceiling R-value

Exterior Wall R-value3

Floor R-value

Basement Wall R-value4

Slab perimeter R-value5

Crawl space wall R-value

4B-5A

0.65

0.4

R-19

R-11

R-11

R-5

R-0

R-5

6B-8

0.65

0.4

R-302

R-13

R-19

R-5

R-0

R-7

Note 1: Up to 5% of the fenestration may be exempt from meeting the window/door U-factor and Solar Heat Gain Coefficient (SHGC) requirements to allow for decorative glazing.

Note 2: Up to 25% of ceiling area may be R-19 for sloped ceilings & under HVAC.

Note 3: When the Exterior Wall R-value is cavity insulation and continuous insulated sheathing, 40% of the gross wall area may be plywood/OSB (for corner bracing/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 4: Insulate the Mass wall with listed R-value and Stud wall and Bands with Min R-11. When using this table, include openings in the basement and exclude the opaque wall area in the basement when calculating Percent of Openings.

Note 5: Foam plastic shall not be installed on the exterior of below grade foundation walls or below grade on slab foundations. See Paragraph 502.2.1.4.

TABLE 502.2.4(7)

PRESCRIPTIVE BUILDING ENVELOPE REQUIREMENTS, TYPE A-2 RESIDENTIAL BUILDINGS

WINDOW AREA 25 PERCENT OF GROSS EXTERIOR WALL AREA

Maximum Minimum

CLIMATE ZONE [FIGURE 302.1(11)]

Glazing U-factor1

SHGC1

Ceiling R-value2

Exterior Wall R-value3

Floor R-value

Basement Wall R-value4

Slab perimeter R-value5

Crawl space wall R-value

4B

0.65

0.4

R-19

R-11

R-11

R-5

R-0

R-5

5A

0.65

0.4

R-19

R-13

R-11

R-5

R-0

R-6

6B

0.60

0.4

R-30

R-13

R-19

R-5

R-0

R-7

7A

0.58

0.4

R-30

R-13

R-19

R-5

R-0

R-8

8

0.58

0.4

R-30

R-13

R-19

R-5

R-0

R-10

Note 1: Up to 5% of the fenestration may be exempt from meeting the window/door U-factor and Solar Heat Gain Coefficient (SHGC) requirements to allow for decorative glazing.

Note 2: Up to 25% of ceiling area may be R-19 for sloped ceilings & under HVAC.

Note 3: When the Exterior Wall R-value is cavity insulation and continuous insulated sheathing, 40% of the gross wall area may be plywood/OSB (for corner bracing/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 4: Insulate the Mass wall with listed R-value and Stud wall and Bands with Min R-11. When using this table, include openings in the basement and exclude the opaque wall area in the basement when calculating Percent of Openings.

Note 5: Foam plastic shall not be installed on the exterior of below grade foundation walls or below grade on slab foundations. See Paragraph 502.2.1.4.

TABLE 602.1

SIMPLIFIED PRESCRIPTIVE BUILDING ENVELOPE THERMAL COMPONENT CRITERIA

MINIMUM REQUIRED THERMAL PERFORMANCE (U-FACTOR AND R-VALUE)1

Maximum Minimum

CLIMATE ZONE [FIGURE 302.1(11)]

Glazing U-factor1

SHGC1

Ceiling R-value3,4

Exterior Wall R-value5

Floor R-value

Basement Wall R-value6

Slab perimeter R-value7

Crawl space wall R-value

4B

0.65

0.4

R-30

R-13

R-11

R-5

R-0

R-5

5A

0.60

0.4

R-30

R-13

R-13

R-5

R-0

R-6

6B

0.55

0.4

R-30

R-13

R-19

R-5

R-0

R-7

7A-1

0.55

0.4

R-38

R-16

R-19

R-5

R-0

R-8

7A-2

0.50

0.4

R-38

R-13

R-19

R-5

R-0

R-8

8-1

0.50

0.4

R-38

R-16

R-19

R-6

R-0

R-10

8-1

0.45

0.4

R-38

R-13

R-19

R-6

R-0

R-10

Note 1: Maximum 18% fenestration area.

Note 2: Up to 5% of the fenestration may be exempt from meeting the window/door U-factor and Solar Heat Gain Coefficient (SHGC) requirements to allow for decorative glazing.

Note 3: Up to 25% of ceiling area may be R-19 for sloped ceilings & under HVAC.

Note 4: Where ceiling is R-38 and up to 25% R-19 insulation, may use R-30 on 100% of ceiling area.

Note 5: When the Exterior Wall R-value is cavity insulation and continuous insulated sheathing, 40% of the gross wall area may be plywood/OSB (for corner bracing/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 6: Insulate the Mass wall with listed R-value and Stud wall and Bands with Min R-11. When using this table, include openings in the basement and exclude the opaque wall area in the basement when calculating Percent of Openings.

Note 7: Foam plastic shall not be installed on the exterior of below grade foundation walls or below grade on slab foundations. See Paragraph 502.2.1.4.

TABLE 701

MINIMUM THERMAL COMPONENT REQUIREMENTS

Element

Type Nonresidential & Residential Conditioned

Minimum R-value of Insulation

Maximum U-factor SHGC

Roof

Metal Buildings1

R-19 with Thermal Block

0.065

Insulation Entirely above Deck except Metal Buildings

R-15

0.063

Attic and Other2

R-30

0.034

Walls above Grade

Metal Building

R-13

0.113

Cavity Walls3

R-13

N/A

Mass Walls4 Per ASHRAE 90.1

Glazed Fenestration

Any

N/A

U-0.65 / SHGC 0.60

Note 1: Metal buildings with purlins 5' on center and 1" x 3" thermal block.

Note 2: See appropriate ANSI/ASHRAE/IESN 90.1-2001 Tables B-5, B-6, B-8, B-9 or B-11 and Tables A-1, A-2, A-3 or A-4 for Attic and other Building Roof Minimum Thermal Requirements.

Note 3: Steel Framed or Wood Framed and Other Walls. See ANSI/ASHRAE/IESN 90.1-2001 Tables B-5, B-6, B-8, B-9 or B-11.

Note 4: Masonry, concrete, CMU, or other solid walls with a minimum weight of 30 pounds per square foot. See ANSI/ASHRAE/IESN 90.1-2001, Page 13, Definitions, Mass Wall.

"Single-Step" Residential Energy Code Compliance

Climate Zone 4B - South Georgia - Option 4B-2-2005-18%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

1. Your building shall be a one or two family detached dwelling built using wood framing.

2. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

3. Your building site shall be located in Climate Zone 4B, as shown in the IECC 2000 Figure 302.1(11).

4. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

5. Your window and door openings shall not exceed 18.0 percent of the gross wall area.

6. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

7. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 18.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.65

-Windows2 0.65

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-30

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 OSB/Plywood

-Floor Insulation (over unconditioned space) R-11

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors)/(opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-13 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 4B - South Georgia - Option 4B-3-2005-25%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

8. Your building shall be a one or two family detached dwelling built using wood framing.

9. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

10. Your building site shall be located in Climate Zone 4B, as shown in the IECC 2000 Figure 302.1(11).

11. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

12. Your window and door openings shall not exceed 25.0 percent of the gross wall area.

13. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

14. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 25.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.50

-Windows2 0.50

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-30

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 OSB/Plywood

-Floor Insulation (over unconditioned space) R-13

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-13 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 5A - South Central Georgia - Option 5A-2-2005-18%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

15. Your building shall be a one or two family detached dwelling built using wood framing.

16. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

17. Your building site shall be located in Climate Zone 5A or 4B, as shown in the IECC 2000 Figure 302.1(11).

18. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

19. Your window and door openings shall not exceed 18.0 percent of the gross wall area.

20. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

21. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 18.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.62

-Windows2 0.62

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-30

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 OSB/Plywood

-Floor Insulation (over unconditioned space) R-13

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-13 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 5A - South Central Georgia - Option 5A-3-2005-25%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

22. Your building shall be a one or two family detached dwelling built using wood framing.

23. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

24. Your building site shall be located in Climate Zone 5A or 4B, as shown in the IECC 2000 Figure 302.1(11).

25. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

26. Your window and door openings shall not exceed 25.0 percent of the gross wall area.

27. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

28. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 25.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.45

-Windows2 0.45

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-30

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 OSB/Plywood

-Floor Insulation (over unconditioned space) R-13

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-13 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 6B - Central Georgia - Option 6B-3-2005-18%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

29. Your building shall be a one or two family detached dwelling built using wood framing.

30. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

31. Your building site shall be located in Climate Zone 6B, 5A or 4B, as shown in the IECC 2000 Figure 302.1(11).

32. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

33. Your window and door openings shall not exceed 18.0 percent of the gross wall area.

34. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

35. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 18.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.55

-Windows2 0.55

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-30

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 OSB/Plywood

-Floor Insulation (over unconditioned space) R-19

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliancemethod, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-13 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 6B - Central Georgia - Option 6B-4-2005-25%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

36. Your building shall be a one or two family detached dwelling built using wood framing.

37. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

38. Your building site shall be located in Climate Zone 4B, 5A or 4B, as shown in the IECC 2000 Figure 302.1(11).

39. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

40. Your window and door openings shall not exceed 25.0 percent of the gross wall area.

41. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

42. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 25.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.43

-Windows2Max. U-factor 0.43

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-30

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 OSB/Plywood

-Floor Insulation (over unconditioned space) R-19

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-13 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 7A - Greater Atlanta Area - Option 7A-4-2005-18%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

43. Your building shall be a one or two family detached dwelling built using wood framing.

44 Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

45. Your building site shall be located in Climate Zone 7A, 6B, 5A or 4B as shown in the IECC 2000 Figure 302.1(11).

46. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

47. Your window and door openings shall not exceed 18.0 percent of the gross wall area.

48. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

49. Equipment minimum efficiencies shall be observed: Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ____________

-% Openings in gross area of exterior wall1 18.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.50

-Windows2 0.55

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-38

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 R-3

-Floor Insulation (over unconditioned space) R-19

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area. Also complies if 100% of ceiling is R-30.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-16 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 7A - Greater Atlanta Area - Option 7A-7-2005-25%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

50. Your building shall be a one or two family detached dwelling built using wood framing.

51. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

52. Your building site shall be located in Climate Zone 7A, 6B, 5A, or 4B as shown in the IECC 2000 Figure 302.1(11).

53. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

54. Your window and door openings shall not exceed 18.0 percent of the gross wall area.

55. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

56. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 18.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.50

-Windows2 0.51

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-30

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 R-3

-Floor Insulation (over unconditioned space) R-19

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliancemethod, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-16 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 7A - Greater Atlanta Area - Option 7A-8-2005-18%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

57. Your building shall be a one or two family detached dwelling built using wood framing.

58. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

59. Your building site shall be located in Climate Zone 7A, 6B, 5A, or 4B as shown in the IECC 2000 Figure 302.1(11).

60. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

61. Your window and door openings shall not exceed 18.0 percent of the gross wall area.

62. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

63. Equipment minimum efficiencies shall be observed: Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 18.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.50

-Windows2 0.50

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-38

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 OSB/Plywood/FibBd

-Floor Insulation (over unconditioned space R-19

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-13 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 7A - Greater Atlanta Area - Option 7A-7-2005-25%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

64. Your building shall be a one or two family detached dwelling built using wood framing.

65. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

66. Your building site shall be located in Climate Zone 7A, 6B, 5A, or 4B as shown in the IECC 2000 Figure 302.1(11).

67. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

68. Your window and door openings shall not exceed 25.0 percent of the gross wall area.

69. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

70. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) _____________

-% Openings in gross area of exterior wall1 25.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.40

-Windows2 0.37 Max.

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-30

-Wall cavity insulation4 R-13

-Attic Knee Wall cavity insulation R-19

-Wall Sheathing4 OSB/Plywood/FibBd

-Floor Insulation (over unconditioned space) R-19

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area. May also insulate 100% with R-30.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-13 or greater is permitted. Up to 40% of the gross wall area can be gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 7A - Greater Atlanta Area - Option 7A-OSB-2005-18%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

71. Your building shall be a one or two family detached dwelling built using wood framing.

72. Your building is three stories or less in height and above grade conditioned floor area is not larger than 5,000 sq. ft.

73. Your building site shall be located in Climate Zone 7A, 6B, 5A, or 4B as shown in the IECC 2000 Figure 302.1(11).

74. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

75. Your window and door openings shall not exceed 18.0 percent of the gross wall area.

76. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

77. Equipment minimum efficiencies shall be observed:

78. Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 18.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.55

-Windows2 0.55

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-38

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 R-3

-Floor Insulation (over unconditioned space) R-19

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulatio n5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-16 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 7A - Metro Atlanta - Option 7A-OSB-2005-18%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

79. Your building shall be a one or two family detached dwelling built using wood framing.

80. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

81. Your building site shall be located in Climate Zone 7A, 6B, 5A or 4B as shown in the IECC 2000 Figure 302.1(11).

82. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

83. Your window and door openings shall not exceed 18.0 percent of the gross wall area.

84. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

85. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 18.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.48

-Windows2 0.48

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-30

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 OSB/Plywood

-Floor Insulation (over unconditioned space) R-19

-Basement Mass Wall insulation Min. R-5

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-13 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 8 - North Georgia - Option 8-3-2005-25%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

86. Your building shall be a one or two family detached dwelling built using wood framing.

87. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

88. Your building site may be located in any Climate Zone, as shown in the IECC 2000 Figure 302.1(11).

89. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

90. Your window and door openings shall not exceed 25.0 percent of the gross wall area.

91. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

92. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 25.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.35

-Windows2 0.35

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-38

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 OSB/Plywood

-Floor Insulation (over unconditioned space) R-19

-Basement Mass Wall insulation Min. R-6

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area. Also complies if 100% of ceiling is R-30.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-13 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 8 - North Georgia - Option 8-4-2005-18%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

93. Your building shall be a one or two family detached dwelling built using wood framing.

94. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

95. Your building site may be located in any Climate Zone, as shown in the IECC 2000 Figure 302.1(11).

96. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

97. Your window and door openings shall not exceed 18.0 percent of the gross wall area.

98. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

99. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 18.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.47

-Windows2 0.47

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-30

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 R-3

-Floor Insulation (over unconditioned space) R-19

-Basement Mass Wall insulation Min. R-6

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-16 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

"Single-Step" Residential Energy Code Compliance

Climate Zone 8 - North Georgia - Option 8-OSB-2005-18%

You are "deemed to comply" with the Georgia State Energy Code for Buildings if your residential structure meets the following conditions:

100. Your building shall be a one or two family detached dwelling built using wood framing.

101. Your building is three stories or less in height and the above grade conditioned floor area is not larger than 5,000 sq. ft.

102. Your building site may be located in any Climate Zone, as shown in the IECC 2000 Figure 302.1(11).

103. You shall not make any substitutions of any kind for R-values/U-factors listed below in conditioned space.

104. Your window and door openings shall not exceed 18.0 percent of the gross wall area.

105. You shall comply with code requirements for envelope air sealing including all air tight, I. C. rated light fixtures in ceilings with attics and seal all ductwork with mastic.

106. Equipment minimum efficiencies shall be observed:

Gas furnace: AFUE min 78%; A/C or Heat pump: SEER 10.0; Heat pump: HSPF 6.8; other (explain) ______

-% Openings in gross area of exterior wall1 18.0% Max.

-Solid Doors Max. U-factor2 0.35

-Glazed Doors Max. U-factor2 0.43

-Windows2 0.43

-Solar Heat Gain Coefficient (SHGC) 0.40 Max.

-Ceiling insulation3 R-30

-Wall cavity insulation4 R-13

-Knee Wall cavity insulation R-19

-Wall Sheathing4 OSB/Plywood

-Floor Insulation (over unconditioned space) R-19

-Basement Mass Wall insulation Min. R-6

-Basement Stud Wall & Bands cavity insulation5 R-11

-Slab Perimeter Insulation 6 R-0

All R-values shall be printed on the actual insulation and be stabilized (aged) R-values.

All Windows shall have labels listing U-factor, SHGC, and Key Features.

Foam Plastics shall not be installed below grade on exterior side of foundation walls or below grade on slab foundations. These R-values may result in some degree of "over-design". However, this method will apply to a majority of one and two family residences built in Georgia. If you must change one or more of the R-values/U-factors listed to a lower R-value or higher U-factor, then do not use this method. No substitutions are allowed here.

Instead, you may use one of the other methods to show compliance, such as The Trade-off Worksheet or the free REScheck software (available at www.energycodes.gov). You may also use one of the Chapter 4, 5, or 6 approaches of the 2000 IECC with Georgia modifications.

At the time a permit is requested, you shall show how you plan to meet the Georgia Energy Code. When using the "Single-Step" Residential Energy Code Compliance method, you may not be required to turn in additional paperwork to obtain a building permit, except calculation on Percent of Openings (Take-off Worksheet may be used to calculate % Openings).

---

Note 1: "% Openings" is defined by the total area of the openings of windows and doors divided by the total gross area of the exterior wall. % Openings = 100 x (windows + doors) / (opaque walls + windows + doors - basement opaque walls).

Note 2: One Door or up to 5% of the opening area (whichever is greater area) may be exempt from meeting the window/door U-factor and SHGC requirements to allow for decorative glazing.

Note 3: Sloped ceilings, such as cathedral & tray ceilings, which require batt insulation, and space under HVAC equipment may be insulated with R-19 batts, provided the R-19 portion does not exceed 25% of the total ceiling area.

Note 4: Any combination of Cavity Insulation + Sheathing R-value that = R-13 or greater is permitted. 40% of the gross wall area and all basement walls, may be Plywood/OSB (for corner/structural requirements) or gypsum fastened direct to the garage wall studs.

Note 5: Unfinished conditioned basements require unfaced insulation, Class 1 facer (0-25 Flame Spread) or other approved insulation.

Note 6: Unheated slabs.

GEORGIA STATE MINIMUM

STANDARD GAS CODE

(INTERNATIONAL FUEL GAS CODE)

The STANDARD GAS CODE (International Fuel Gas Code), 2000 Edition, published by the Southern Building Code Congress International, Inc. (International Code Council), when used in conjunction with these Georgia Amendments and the Georgia Amendments adopted effective January 1 of 2001, 2002 and 2003, shall constitute the official Georgia State Minimum Standard Gas Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of performance ratings of equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Gas Code (International Fuel Gas Code) shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment and related accessories as follows:

1. Coverage of piping systems shall extend from the point of delivery to the connections with gas utilization equipment (See definition of 'Point of Delivery').

2. a. Systems with an operating pressure of 125 psig (862 kPa gauge) or less.

b. Piping systems for gas-air mixtures within the flammable range with an operating pressure of 10 psig (69 kPa gauge).

c. LP-Gas piping systems with an operating pressure of 20 psig (140 kPa gauge) or less.

3. Piping systems requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation and maintenance.

4. Requirements for gas utilization equipment and related accessories shall include installation, combustion, ventilation air and venting.

The provisions of the Georgia State Minimum Standard Gas Code (International Fuel Gas Code) shall not apply to the following:

1. Portable LP-Gas equipment of all types that are not connected to a fixed fuel piping system.

2. Installation of farm equipment such as brooders, dehydrators, dryers and irrigation equipment.

3. Raw material (feedstock) applications except for piping to special atmosphere generators.

4. Oxygen-fuel gas cutting and welding systems.

5. Industrial gas applications using gases such as acetylene and acetylene compounds, hydrogen, ammonia, carbon monoxide, oxygen and nitrogen.

6. Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms and natural gas processing plants.

7. Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by chemical reactions or used in chemical reactions.

8. LP-Gas installations at utility gas plants.

9. Liquefied Natural Gas (LNG) installations.

10. Fuel gas piping in power and atomic energy plants.

11. Proprietary items of equipment, apparatus or instruments such as gas generating sets, compressors and calorimeters.

12. LP-Gas equipment for vaporization, gas mixing and gas manufacturing.

13. Temporary LP-Gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.

14. Installation of LP-Gas systems for railroad switch heating.

15. Installation of LP-Gas and Compressed Natural Gas (CNG) systems on vehicles.

16. Except as provided in Section 401.1.1, gas piping meters, gas pressure regulators and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-gas.

17. Building design and construction, except as specified herein.

The requirements for the design, installation, maintenance, alteration and inspection of mechanical systems operating with fuels other than fuel gas shall be regulated by the Georgia State Minimum Standard Mechanical Code (International Mechanical Code).

The State's minimum requirements for natural gas systems shall be established by NFPA 54 (National Fuel Gas Code). For areas not specifically addressed by NFPA 54 (National Fuel Gas Code)which are addressed by the Georgia State Minimum Standard Gas Code (International Fuel Gas Code), the Georgia State Minimum Standard Gas Code (International Fuel Gas Code) shall be used as a supplement.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILERS/WATER HEATERs aND PRESSURE VESSELS

(a) The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

CHAPTER 3

GENERAL REGULATIONS

SECTION 305 (IFGC)

INSTALLATION

*Delete existing Exception #1 of Section 305.2 'Elevation of ignition source' of the Georgia Amendments revised January 1, 2001 and substitute.

305.2 Elevation of ignition source.

Exception #1:

Elevation of the ignition source is not required for appliances that are listed and labeled as flammable vapor resistant and for installation without elevation.

(Effective January 1, 2005)

*Add new Section 310 'Bonding' with Sub-Section 310.1 'Gas pipe bonding.'

SECTION 310

BONDING

310.1 Gas pipe bonding.

Each above-ground portion of a gas piping system that is likely to become energized shall be electrically continuous and bonded to an effective ground-fault current path. Gas piping shall be considered to be bonded where it is connected to gas utilization equipment that is connected to the equipment grounding conductor or the circuit supplying that equipment.

(Effective January 1, 2005)

End of Amendments

GEORGIA STATE MINIMUM

STANDARD ONE AND TWO FAMILY DWELLING CODE

(INTERNATIONAL RESIDENTIAL CODE For ONE- AND TWO- FAMILY DWELLINGS)

The CABO ONE AND TWO FAMILY DWELLING CODE (International Residential Code for One- and Two-Family Dwellings), 2000 Edition, published by the Southern Building Code Congress International, Inc. (International Code Council), when used in conjunction with these Georgia Amendments and the Georgia Amendments adopted effective January 1 of 2002, 2003 and 2004, shall constitute the official Georgia State Minimum Standard One and Two Family Dwelling Code.

Plumbing (Chapters 25 through 32) is deleted from the CABO ONE AND TWO FAMILY DWELLING CODE (International Residential Code for One- and Two-Family Dwellings) according to Title 8, Chapter 2, Article 1, Part 2 of the Official Code of Georgia, Annotated (O.C.G.A.). Substitute for plumbing requirements the Georgia State Minimum Standard Plumbing Code (International Plumbing Code).

Electrical (Chapters 33 through 42) is deleted from the CABO ONE AND TWO FAMILY DWELLING CODE (International Residential Code for One- and Two-Family Dwellings). Substitute for electrical requirements the Georgia State Minimum Standard Electrical Code (National Electrical Code).

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for heating and air conditioning equipment.

SCOPE:

The provisions of the GeorgiaState Minimum Standard One and Two Family Dwelling Code(International Residential Code for One- and Two-Family Dwellings) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress and their accessory structures.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

(a) The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

CHAPTER 3

BUILDING PLANNING

SECTION R309

GARAGES AND CARPORTS

*Revise Section R309.2 'Separation required' to add exception.

R309.2 Separation required.

Exception #2:

A disappearing/pull-down stairway with minimum 3/8-inch (9.53 mm) (nominal) fire-retardant-treated structural panel is deemed to meet the 20-minute thermal barrier test based on ASTM E 119, Standard Test Method for Fire Tests of Building Construction and Materials, or deemed to have the fire resistance of or equivalent to 1/2-inch (12.7 mm) gypsum wall board.

(Effective January 1, 2005)

SECTION R323

PROTECTION AGAINST DECAY

*Revise Section R323.3 'Fasteners.'

R323.3 Fasteners. Fasteners for naturally durable and preservative-treated wood shall be resistant to corrosion or be protected to resist corrosion. Where sacrificial coatings are applied to fasteners, a minimum coating thickness capable of protecting the fastener for the expected service life of the structure shall be provided. Fasteners for pressure preservative and fire-retardant-treated wood shall be of hot-dipped zinc-coated galvanized steel, stainless steel, silicon bronze or copper. The coating weights for zinc-coated fasteners shall be in accordance with ASTM A 153M or ASTM A 641M, Supplemental Requirements. Fastenings for permanent wood foundations shall be as required in AF&PA Technical Report No. 7.

(Effective January 1, 2005)

CHAPTER 4

FOUNDATIONS

SECTION R404

FOUNDATION WALLS

*Revise Section R404.2.6 'Fastening.'

R404.2.6 Fastening. Wood structural panel foundation wall sheathing shall be attached to framing in accordance with Table R602.3(1) and Sections R402.1.1 and R323.3.

(Effective January 1, 2005)

*Revise Section R404.3 'Wood sill plates.'

R404.3 Wood sill plates. Wood sill plates shall be a minimum of 2-inch by 4-inch (51 mm by 102 mm) nominal lumber. Sill plate anchorage shall be in accordance with Sections R403.1.6, R602.11 and R323.3.

(Effective January 1, 2005)

CHAPTER 6

WALL CONSTRUCTION

SECTION R602

WOOD WALL FRAMING

*Revise Footnote a of Table R602.3(1) 'Fastener Schedule For Structural Members.'

R602.3(1) Fastener Schedule For Structural Members.

Footnote a:

All nails are smooth-common, box or deformed shanks except where otherwise stated or as required to be hot-dipped zinc-coated galvanized steel, stainless steel, silicon bronze or copper in accordance with Section R323.3. Nails used for framing and sheathing connections shall have minimum average bending yield strengths as shown: 80 ksi (551 MPa) for shank diameter of 0.192 inch (20d common nail), 90 ksi (620 MPa) for shank diameters larger than 0.142 inch but not larger than 0.177 inch, and 100 ksi (689 MPa) for shank diameters of 0.142 inch or less.

(Effective January 1, 2005)

*Revise Section R602.10.5 'Continuous structural panel sheathing' to add exception.

R602.10.5 Continuous structural panel sheathing.

Exception:

Vertical wall segments, in the first story of one- or two-story buildings, next to garage openings shall be permitted to have a 6:1 height-to-width ratio (with height being measured from top of header to sill plate) when constructed in accordance with the following provisions. Each panel shall have a length of not less than 15 inches (381 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch (9.53 mm) minimum thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure R602.10.5. The wood structural panel sheathing shall extend up over the solid sawn or glued laminated header and shall be nailed in accordance with Figure R602.10.5. The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than six feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1000 pounds (454 kg) shall fasten the header to the side of the inner studs opposite the sheathing. Two anchor bolts shall be installed in accordance with Section R403.1.6, and plate washers shall be a minimum of 2 inches by 2 inches by 3/16 inches (51 mm by 51 mm by 4.77 mm) thick and shall be used on each bolt. This exception is only permitted in Seismic Design Categories A-C.

(Effective January 1, 2005)

End of Amendments

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of the 2003 International Fire Code With Georgia Amendments, Georgia Amendments to the 2000 CABO One and Two Family Dwelling Code, 2000 Standard Building Code, 2000 Standard Plumbing Code, 2000 Standard Mechanical Code, 2000 Standard Gas Code, and the 2000 International Energy Conservation Code, effective Jan. 1, 2005" adopted. F. Nov. 23, 2004; eff. January 1, 2005, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.15 Adoption of the 2005 National Electrical Code with Georgia Amendments, Georgia Amendments to the 2000 CABO One and Two Family Dwelling Code, 2000 Standard Building Code, 2000 Standard Plumbing Code, and the 2000 International Energy Conservation Code, effective January 1, 2006

GEORGIA STATE MINIMUM

STANDARD BUILDING CODE

(INTERNATIONAL BUILDING CODE)

The STANDARD BUILDING CODE (International Building Code), 2000 Edition, published by the Southern Building Code Congress International, Inc. (International Code Council), when used in conjunction with these Georgia Amendments and the Georgia Amendments adopted effective January 1 of 2002, 2003, 2004 and 2005, shall constitute the official Georgia State Minimum Standard Building Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of performance ratings of equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Building Code (International Building Code) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the Georgia State Minimum Standard One and Two Family Dwelling Code (International Residential Code for One- and Two-Family Dwellings).

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

CHAPTER 4

SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY

SECTION 403

HIGH-RISE BUILDINGS

*Revise Exception #7 of Section 403.9.1 of the Georgia Amendments revised January 1, 2005 to read as follows:

403.9.1

Exception #7:

In buildings protected with an approved automatic sprinkler system in accordance with Section 903, lobbies are not required where a listed elevator door opening protective device, in compliance with Section 1001.1 (GA Amendments), is provided at the hoistway opening other than at the designated primary and alternate floors of elevator return.

(Effective January 1, 2006)

CHAPTER 7

FIRE-RESISTANCE-RATED CONSTRUCTION

SECTION 707

SHAFT AND VERTICAL EXIT ENCLOSURES

*Revise Exception #9 of Section 707.14.1 'Elevator lobby' of the Georgia Amendments revised January 1, 2005 to read as follows:

707.14.1 Elevator lobby.

Exception #9:

Lobbies are not required where a listed elevator door opening protective device, in compliance with Section 1001.1 (GA Amendments), is provided at the hoistway opening other than at the designated primary and alternate floors of elevator return.

(Effective January 1, 2006)

CHAPTER 15

ROOF ASSEMBLIES AND ROOFTOP STRUCTURES

SECTION 1504

PERFORMANCE REQUIREMENTS

*Renumber Section 1504.5 'Physical properties' as 1504.6, renumber Section 1504.6 'Impact resistance' as 1504.7, and add new Section 1504.5 'Edge securement for low-slope roofs' as follows:

1504.5 Edge securement for low-slope roofs. Low-slope membrane roof systems metal edge securement, except gutters, installed in accordance with Section 1507, shall be designed in accordance with ANSI/SPRI ES-1, except the basic wind speed shall be determined from Figure 1609.

(Effective January 1, 2006)

End of Amendments.

GEORGIA STATE

ENERGY CODE FOR BUILDINGS

(INTERNATIONAL ENERGY CONSERVATION CODE)

The GEORGIA STATE ENERGY CODE FOR BUILDINGS (International Energy Conservation Code), 2000 Edition, published by the International Code Council, when used in conjunction with these Georgia Supplements and Amendments and the Georgia Supplements and Amendments adopted effective January 1 of 2003 and 2005, shall constitute the official Georgia State Energy Code for Buildings.

GEORGIA STATE AMENDMENTS

SCOPE:

Each chapter of these Georgia Supplements and Amendments corresponds with a chapter of the International Energy Conservation Code (IECC).

Chapter 1: Administration and Enforcement.

Chapter 2: Definitions.

Chapter 3: Design Conditions. 'The criteria of this chapter establish the design conditions for use with Chapters 4, 5, 6 and 8.'

Chapter 4: Residential Building Design by Systems Analysis and Design of Buildings Utilizing Renewable Energy Sources. 'This chapter establishes design criteria in terms of total energy use by a residential building, including all of its systems.' (One method by which to achieve compliance for low-rise residential construction.)

Chapter 5: Residential Building Design by Component1 Performance Approach. 'Residential buildings or portions thereof that enclose conditioned space shall be constructed to meet the requirements of this chapter.' (One method by which to achieve compliance for low-rise residential construction.)This chapter offers the use of 'trade-offs,' whereby values between building components may be substituted or traded-off for compliance. A properly completed Georgia Trade-Off Worksheet2 or the use of appropriate computer software (REScheck3) may be used to validate any trade-off.

Chapter 6: Simplified Prescriptive Requirements for Residential Buildings, Type A-1 and A-2. 'This chapter sets forth energy-efficiency-related requirements for the design and construction of Type A-1 and A-2 residential buildings.' (One method by which to achieve compliance for low-rise residential construction.)

Chapter 7: Building Design for All Commercial Buildings. Commercial buildings [except those that comply with Chapter 8, Design by Acceptable Practice for Commercial Buildings; the Single Step Compliance for Simple Commercial Buildings; or appropriate computer software (COMcheck3)] shall meet the requirements of ANSI/ASHRAE/IESNA Standard 90.1-2004. (One method by which to achieve compliance for commercial and high-rise residential construction.)

Chapter 8: Design by Acceptable Practice for Commercial Buildings. 'The requirements contained in this chapter are applicable to commercial buildings, or portions of commercial buildings.' (One method by which to achieve compliance for commercial and high-rise residential construction.)

Chapter 9: Referenced Standards.

Appendix A.

Appendix B. Provides additional prescriptive methods by which to achieve compliance, simple methods and forms to assist in compliance calculations, and illustrations to assist in the understanding of compliance requirements.

Individual structures should follow a single compliance method and not a combination of compliance methods. The 'basic requirements' of the International Energy Conservation Code (IECC) apply to all compliance methods.

Where these Georgia Supplements and Amendments conflict with either the International Energy Conservation Code (IECC)or ANSI/ASHRAE/IESNA Standard 90.1-2004, these Georgia Supplements and Amendments shall take precedence.

Air infiltration accounts for substantial heat loss, heat gain and moisture migration in a building. Proper sealing around all doors, windows and other envelope penetrations through the walls, ceiling and foundation is as important to code compliance as are proper insulation R-values and component U-values.

It is not the intention of this code to abridge safety or health. Where the International Energy Conservation Code (IECC) and these Georgia Supplements and Amendments conflict with other mandatory State Minimum Standard Codes, the International Energy Conservation Code (IECC) and these Georgia Supplements and Amendments shall be enforced as written provided safety, health or environmental requirements of other mandatory State Minimum Standard Codes are not abridged.

CODE REFERENCE:

(a) Replace all references to ANSI/ASHRAE/IESNA 90.1-1999 and ANSI/ASHRAE/IESNA 90.1-2001 with references to ANSI/ASHRAE/IESNA 90.1-2004.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

1. 'Component' refers to a particular element of a building, such as a ceiling, an exterior wall, a floor, etc.

2. For the 'Georgia Trade-Off Worksheet,' see Appendix B.

3. REScheck and COMcheck are computer programs developed by Pacific Northwest National Laboratories for the U.S. Department of Energy to assist in demonstration of compliance with the International Energy Conservation Code (IECC). They can be obtained from the D.O.E. by calling (800) 270-CODE (2633) or free of charge online atwww.energycodes.gov.

CHAPTER 7

BUILDING DESIGN FOR ALL COMMERCIAL BUILDINGS

SECTION 701

SCOPE

*Add new Table A2.3 'Assembly U-Factors for Metal Building Roofs' from ANSI/ASHRAE/IESNA Standard 90.1-2004.

See page 5.

(Effective January 1, 2006)

CHAPTER 8

DESIGN BY ACCEPTABLE PRACTICE FOR COMMERCIAL BUILDINGS

SECTION 805

LIGHTING SYSTEMS

*Delete Table 805.4.2 'Interior Lighting Power' and substitute.

See page 6.

(Effective January 1, 2006)

*Revise Section 805.4.2.1 'Entire building method' to add as follows:

805.4.2.1 Entire building method. Under this approach, the interior lighting power (Watts) is the value from Table 805.4.2 for the building type times the conditioned floor area of the entire building. The interior lighting power (Watts) shall not be increased by the allowances contained in the footnotes of Table 805.4.2 when using the entire building method.

(Effective January 1, 2006)

CHAPTER 9

REFERENCED STANDARDS

*Add new Figure 9-3 'Metal Roof U-Factors with Fiberglass Insulation Installed Over the Purlins1.'

See page 7.

(Effective January 1, 2006)

GENERAL

*Replace 'ANSI/ASHRAE/IESNA Standard 90.1-2001' with 'ANSI/ASHRAE/IESNA Standard 90.1-2004' throughout.

(Effective January 1, 2006)

TABLE A2.3

ASSEMBLY U-FACTORS FOR METAL BUILDING ROOFS

Insulation System

Rated R-Value of Insulation

Total Rated R-Value of Insulation

Overall U-Factor for Entire Base Roof Assembly

Overall U-Factor for Assembly of Base Roof

Plus Continuous Insulation

(Uninterrupted by Framing)

Rated R-Value of Continuous Insulation

R-5.6

R-11.2

R-16.8

R-22.4

R-28

R-33.6

Standing Seam Roofs with Thermal Blocks

Single Layer

Double Layer

None

R-6

R-10

R-11

R-13

R-16

R-19

R-10+R-10

R-10+R-11

R-11+R-11

R-10+R-13

R-11+R-13

R-13+R-13

R-10+R-19

R-11+R-19

R-13+R-19

R-16+R-19

R-19+R-19

0

6

10

11

13

16

19

20

21

22

23

24

26

29

30

32

35

38

1.280

0.167

0.097

0.092

0.083

0.072

0.065

0.063

0.061

0.060

0.058

0.057

0.055

0.052

0.051

0.049

0.047

0.046

0.162

0.086

0.063

0.061

0.057

0.051

0.048

0.047

0.045

0.045

0.044

0.043

0.042

0.040

0.040

0.038

0.037

0.037

0.087

0.058

0.046

0.045

0.043

0.040

0.038

0.037

0.036

0.036

0.035

0.035

0.034

0.033

0.032

0.032

0.031

0.030

0.059

0.044

0.037

0.036

0.035

0.033

0.031

0.031

0.030

0.030

0.029

0.029

0.029

0.028

0.027

0.027

0.026

0.026

0.045

0.035

0.031

0.030

0.029

0.028

0.026

0.026

0.026

0.026

0.025

0.025

0.025

0.024

0.024

0.023

0.023

0.023

0.036

0.029

0.026

0.026

0.025

0.024

0.023

0.023

0.023

0.022

0.022

0.022

0.022

0.021

0.021

0.021

0.020

0.020

0.030

0.025

0.023

0.022

0.022

0.021

0.020

0.020

0.020

0.020

0.020

0.020

0.019

0.019

0.019

0.019

0.018

0.018

(Multiple R-values are listed in order from inside to outside)

Screw Down Roofs

R-10

R-11

R-13

R-19

10

11

13

19

0.153

0.139

0.130

0.085

0.082

0.078

0.075

0.058

0.056

0.054

0.053

0.044

0.043

0.042

0.041

0.035

0.035

0.034

0.033

0.029

0.029

0.028

0.028

0.025

0.025

0.025

0.024

0.022

Filled Cavity with Thermal Blocks

R-19+R-10

29

0.041

0.033

0.028

0.024

0.021

0.0198

0.017

(Multiple R-values are listed in order from inside to outside)a

Based on purlins 5.0' O.C. For other purlin spacing use Figure 9-3 to calculate overall U-factor. A

TABLE 805.4.2

INTERIOR LIGHTING POWER

BUILDING OR AREA TYPE

ENTIRE BUILDING

(W/ft2)

TENANT AREA OR PORTION OF BUILDING

(W/ft2)

Auditorium

Not Applicable

1.8

Automotive facility

0.9

Not Applicable

Bank/financial institutiona

Not Applicable

1.5

Classroom/lecture hallb

Not Applicable

1.4

Convention, conference or meeting centera

1.2

1.3

Corridor, restroom, support area

Not Applicable

0.9

Courthouse/town hall

1.2

Not Applicable

Dininga

Not Applicable

0.9

Dormitory

1.0

Not Applicable

Exercise centera

1.0

0.9

Exhibition hall

Not Applicable

1.3

Grocery storec

1.5

1.6

Gymnasium playing surface

Not Applicable

1.4

Hotel functiona

1.0

1.3

Industrial work, 20-foot ceiling height

Not Applicable

1.2

Industrial work, 20-foot ceiling height

Not Applicable

1.7

Kitchen

Not Applicable

1.2

Librarya

1.3

1.7

Lobby-hotela

Not Applicable

1.1

Lobby-othera

Not Applicable

1.3

Mall, arcade or atrium

Not Applicable

0.6

Medical and clinical careb,d

1.2

1.2

Motel

1.0

Not Applicable

Multifamily

0.7

Not Applicable

Museumb

1.1

1.0

Officeb

1.0

1.1

Parking garage

0.3

Not Applicable

Penitentiary

1.0

Not Applicable

Police/fire station

1.0

Not Applicable

Post office

1.1

Not Applicable

Religious worshipa

1.3

2.4

Restauranta

1.6

0.9

Retail sales, wholesale showroomc

1.5

1.7

School

1.2

Not Applicable

Storage, industrial and commercial

0.8

0.8

Theaters-motion picture

1.2

1.2

Theaters-performancea

1.6

2.6

Transportation

1.0

Not Applicable

Other

0.6

1.0

For SI: 1 foot = 304.8 mm, 1 Watt per square foot = W/0.0929 m2.

a. Where lighting equipment is specified to be installed for decorative appearances in addition to lighting equipment specified for general lighting and is switched or dimmed on circuits different from the circuits for general lighting, the smaller of the actual wattage of the decorative lighting equipment or 1.0 W/ft2 times the area of the space that the decorative lighting equipment is in shall be added to the interior lighting power determined in accordance with this line item.

b. Where lighting equipment is specified to be installed to meet requirements of visual display terminals as the primary viewing task, the smaller of the actual wattage of the lighting equipment or 0.35 W/ft2 times the area of the space that the lighting equipment is in shall be added to the interior lighting power determined in accordance with this line item.

c. Where lighting equipment is specified to be installed to highlight specific merchandise in addition to lighting equipment specified for general lighting and is switched or dimmed on circuits different from the circuits for general lighting, the smaller of the actual wattage of the lighting equipment installed specifically for merchandise, or 1.6 W/ft2 times the area of the specific display, or 3.9 W/ft2 times the actual case or shelf area for displaying and selling fine merchandise such as jewelry, fine apparel and accessories, or china and silver, shall be added to the interior lighting power determined in accordance with this line item.

d. Where lighting equipment is specified to be installed, the smaller of the actual wattage of the lighting equipment, or 1.0 W/ft2 times the area of the emergency, recovery, medical supply and pharmacy space shall be added to the interior lighting power determined in accordance with this line item.

Figure 9-3 Metal Roof U-Factors with R-19 Fiberglass Insulation Installed Over the Purlins1

Through-Fastened Metal Roof Standing Seam Metal Roof2

Purlin Spacing3

U-Factor

Purlin Spacing3

U-Factor

2.0 ft

0.147

2.0 ft

0.112

2.5 ft

0.126

2.5 ft

0.096

3.0 ft

0.113

3.0 ft

0.086

3.5 ft

0.103

3.5 ft

0.079

4.0 ft

0.095

4.0 ft

0.073

4.5 ft

0.089

4.5 ft

0.068

5.0 ft

0.085

5.0 ft

0.065

Note 1: Through-fastened metal roof values are based on ORNL/MBMA November 2004 User Agreement Report,"Tests of Through-Fastened Metal Roof Assemblies." Standing seam metal roof values are based on ANSI/ASHRAE/IESNA 90.1-2004 for 5' purlin spacing and conservatively estimated for other spacing using the same relationship as through-fastened test data.

Note 2: Thermal block (1" x 3") is required between metal roof and purlins.

Note 3: For roofs with mixed spacing, calculate the average roof U-factor as shown below.

Example: Total roof is 8000 sq. ft. standing seam metal roof. 1600 sq. ft. (20%) is on purlins spaced at 2.5 ft. 6400 sq. ft. (80%) is on purlins spaced at 5 ft. Average Roof U-Factor = 0.20 x 0.096 + 0.80 x 0.065 = 0.071.

End of Amendments.

GEORGIA STATE MINIMUM

STANDARD PLUMBING CODE

(INTERNATIONAL PLUMBING CODE)

The STANDARD PLUMBING CODE (International Plumbing Code), 2000 Edition, published by the Southern Building Code Congress International, Inc. (International Code Council), when used in conjunction with these Georgia Amendments and the Georgia Amendments adopted effective January 1 of 2001, 2002, 2003, 2004 and 2005, shall constitute the official Georgia State Minimum Standard Plumbing Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for efficiency and coefficient of performance ratings of plumbing equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Plumbing Code (International Plumbing Code)shall apply to the erection, installation, alteration, replacement, repairs, relocation, addition, use or maintenance of plumbing systems within the State of Georgia. The installation of fuel gas distribution piping and equipment, fuel gas-fired water heaters and water heater venting systems shall be regulated by NFPA 54 (National Fuel Gas Code).

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

(a) The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

CHAPTER 7

SANITARY DRAINAGE

SECTION 708

CLEANOUTS

*Revise Section 708.3.2 'Building sewers' to add as follows:

708.3.2 Building sewers. Building sewers shall be provided with cleanouts located not more than 100 feet (30 480 mm) apart measured from the upstream entrance of the cleanout. An additional cleanout shall be provided within 10 feet (3048 mm) of the public right of way. For building sewers 8 inches (203 mm) and larger, manholes shall be provided and located at each change in direction and at intervals of not more than 400 feet (122 m). Manholes and manhole covers shall be of an approved type.

(Effective January 1, 2006)

*Revise Section 708.3.5 'Building drain and building sewer junction' to read as follows:

708.3.5 Building drain and building sewer junction. There shall be a cleanout installed at the junction of the building drain and the building sewer. An approved two-way cleanout is allowed to be used at this location to serve as a required cleanout for both the building drain and building sewer.

(Effective January 1, 2006)

End of Amendments.

GEORGIA STATE MINIMUM

STANDARD ONE AND TWO FAMILY DWELLING CODE

(INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO- FAMILY DWELLINGS)

The CABO ONE AND TWO FAMILY DWELLING CODE (International Residential Code for One- and Two-Family Dwellings), 2000 Edition, published by the Southern Building Code Congress International, Inc. (International Code Council), when used in conjunction with these Georgia Amendments and the Georgia Amendments adopted effective January 1 of 2002, 2003, 2004 and 2005, shall constitute the official Georgia State Minimum Standard One and Two Family Dwelling Code.

Plumbing (Chapters 25 through 32) is deleted from the CABO ONE AND TWO FAMILY DWELLING CODE (International Residential Code for One- and Two-Family Dwellings) according to Title 8, Chapter 2, Article 1, Part 2 of the Official Code of Georgia, Annotated (O.C.G.A.). Substitute for plumbing requirements the Georgia State Minimum Standard Plumbing Code (International Plumbing Code).

Electrical (Chapters 33 through 42) is deleted from the CABO ONE AND TWO FAMILY DWELLING CODE (International Residential Code for One- and Two-Family Dwellings). Substitute for electrical requirements the Georgia State Minimum Standard Electrical Code (National Electrical Code).

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Energy Code for Buildings. The Georgia State Energy Code for Buildings shall be used for heating and air conditioning equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard One and Two Family Dwelling Code(International Residential Code for One- and Two-Family Dwellings) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress and their accessory structures.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

(a) The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU (58.56 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

*Revise the CABO One and Two Family Dwelling Code (International Residential Code for One- and Two-Family Dwellings), 2000 Edition, as follows:

CHAPTER 3

BUILDING PLANNING

SECTION R316

GUARDS

*Revise Section R316.1 'Guards required' to add as follows:

R316.1 Guards required. ...The finish grade surface to a retaining wall attached to a house that has a vertical drop on its opposite side of more than 30 inches (762 mm) below the grade shall have a guard (guardrail) not less than 36 inches (914 mm) in height.

(Effective January 1, 2006)

CHAPTER 16

DUCT SYSTEMS

SECTION M1601

DUCT CONSTRUCTION

*Revise Section M1601.1 'Materials' to add as follows:

M1601.1 Materials. Duct systems serving heating, cooling and ventilation equipment shall be fabricated in accordance with the provisions of this section, International Mechanical Code (IMC) Chapter 6 and Georgia State Amendments to IMC Chapter 6.

(Effective January 1, 2006)

*Revise Section M1601.2 'Factory-made ducts' of the Georgia Amendments revised January 1, 2002 to read as follows:

M1601.2 Factory-made ducts. Factory-made air ducts or duct material shall be approved for the use intended, and shall be installed in accordance with International Mechanical Code (IMC) Chapter 6, Georgia State Amendments to IMC Chapter 6 and the manufacturer's installation instructions. Each portion of a factory-made air duct system shall bear a label or mark indicating compliance with UL 181 and UL 181A or UL 181B and shall comply with the requirements of the Georgia State Energy Code for Buildings.

(Effective January 1, 2006)

*Revise Section M1601.3 'Installation' to add as follows:

M1601.3 Installation. Duct installation shall comply with Sections M1601.3.1 through M1601.3.6, International Mechanical Code (IMC) Chapter 6 and Georgia State Amendments to IMC Chapter 6.

(Effective January 1, 2006)

End of Amendments.

GEORGIA STATE MINIMUM

STANDARD ELECTRICAL CODE

(NATIONAL ELECTRICAL CODE)

The NATIONAL ELECTRICAL CODE, 2005 Edition, published by the National Fire Protection Association, when used in conjunction with these Georgia Amendments, shall constitute the official Georgia State Minimum Standard Electrical Code.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

*Revise the National Electrical Code, 2005 Edition, as follows:

CHAPTER 2

WIRING AND PROTECTION

ARTICLE 210

BRANCH CIRCUITS

*Revise Section 210.8(B) 'Ground-Fault Circuit-Interrupter Protection for Personnel: Other Than Dwelling Units' as follows:

210.8 Ground-Fault Circuit-Interrupter Protection for Personnel.

(B) Other Than Dwelling Units. All 125-volt, single-phase, 15- and 20-ampere receptacles installed in the locations specified in (1) through (6) shall have ground-fault circuit-interrupter protection for personnel:

(1) Bathrooms

(2) Commercial and institutional kitchens - for the purposes of this section, a kitchen is an area with a sink and permanent facilities for food preparation and cooking

(3) Rooftops

(4) Outdoors in public spaces - for the purpose of this section a public space is defined as any space that is for use by, or is accessible to, the public Exception to (3) and (4): Receptacles that are not readily accessible and are supplied from a dedicated branch circuit for electric snow-melting or deicing equipment shall be permitted to be installed in accordance with the applicable provisions of Article 426.

(5) Outdoors, where installed to comply with 210.63

(6) Within 6 feet of a sink or basin, excluding those listed in Section 517.21

(Effective January 1, 2006)

*Revise Section 210.12(B) 'Arc-Fault Circuit-Interrupter Protection: Dwelling Unit Bedrooms' as follows:

210.12 Arc-Fault Circuit-Interrupter Protection.

(B) Dwelling Unit Bedrooms. All 120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets installed in dwelling unit bedrooms shall be protected by a listed arc-fault circuit interrupter to provide protection of the branch circuit.

FPN: For information on types of arc-fault circuit interrupters, see UL 1699-1999, Standard for Arc-Fault Circuit Interrupters.

Exception: The location of the arc-fault circuit interrupter shall be permitted to be at other than the origination of the branch circuit in compliance with (a) and (b):

(a) The arc-fault circuit interrupter installed within 1.8 m (6 ft) of the branch circuit overcurrent device as measured along the branch circuit conductors.

(b) The circuit conductors between the branch circuit overcurrent device and the arc-fault circuit interrupter shall be installed in a metal raceway or a cable with a metallic sheath.

(Effective January 1, 2006)

End of Amendments.

History

• Authority: Authority O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of the 2005 National Electrical Code with Georgia Amendments, Georgia Amendments to the 2000 CABO One and Two Family Dwelling Code, 2000 Standard Building Code, 2000 Standard Plumbing Code, and the 2000 International Energy Conservation Code, effective Jan. 1, 2006" adopted. F. Nov. 21, 2005; eff. January 1, 2006, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.16 Adoption of the 2006 International Building Code with Georgia Amendments, the 2006 International Residential Code for One- and Two- Family Dwellings with Georgia Amendments, the 2006 International Fire Code with Georgia Amendments, the 2006 International Plumbing Code with Georgia Amendments, the 2006 International Mechanical Code with Georgia Amendments, the 2006 International Fuel Gas Code with Georgia Amendments, Georgia Amendment to the 2000 International Energy Conservation Code, effective January 1, 2007

GEORGIA STATE MINIMUM STANDARD

GAS CODE

(INTERNATIONAL FUEL GAS CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL FUEL GAS CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments, shall constitute the official Georgia State Minimum Standard Gas Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Codewith Georgia State Amendments).

*Revise the International Fuel Gas Code, 2006 Edition, as follows:

CHAPTER 1

ADMINISTRATION

*Delete Chapter 1 'Administration' in its entirety without substitution.

(Effective January 1, 2007)

CHAPTER 3

GENERAL REGULATIONS

SECTION 300 (IFGC)

GENERAL APPLICABILITY STANDARDS

*Add new Section 300 'General Applicability Standards' as follows:

300.1 Scope. This code shall apply to the installation of fuel gas piping systems, fuel gas utilization equipment, gaseous hydrogen systems and related accessories in accordance with Sections 300.1.1 through 300.1.5.

Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the International Residential Code.

300.1.1 Gaseous hydrogen systems. Gaseous hydrogen systems shall be regulated by Chapter 7.

300.1.2 Piping systems. These regulations cover piping systems for natural gas with an operating pressure of 125 pounds per square inch guage (psig) (862 kPa gauge) or less, and for LP-gas with an operating pressure of 20 psig (140 kPa gauge) or less, except as provided in Section 402.6.1. Coverage shall extend from the point of delivery to the outlet of the equipment shutoff valves. Piping systems requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation and maintenance.

300.1.3 Gas utilization equipment. Requirements for gas utilization equipment and related accessories shall include installation, combustion and ventilation air and venting and connections to piping systems.

300.1.4 Systems and equipment outside the scope. This code shall not apply to the following:

1. Portable LP-gas equipment of all types that is not connected to a fixed fuel piping system.

2. Installation of farm equipment such as brooders, dehydrators, dryers and irrigation equipment.

3. Raw material (feedstock) applications except for piping to special atmosphere generators.

4. Oxygen-fuel gas cutting and welding systems.

5. Industrial gas applications using gases such as acetylene and acetylenic compounds, hydrogen, ammonia, carbon monoxide, oxygen and nitrogen.

6. Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms and natural gas processing plants.

7. Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by, or used in, chemical reactions.

8. LP-gas installations at utility gas plants.

9. Liquefied natural gas (LNG) installations.

10. Fuel gas piping in power and atomic energy plants.

11. Proprietary items of equipment, apparatus or instruments such as gas-generating sets, compressors and calorimeters.

12. LP-gas equipment for vaporization, gas mixing and gas manufacturing.

13. Temporary LP-gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.

14. Installation of LP-gas systems for railroad switch heating.

15. Installation of hydrogen gas, LP-gas and compressed natural gas (CNG) systems on vehicles.

16. Except as provided in Section 401.1.1, gas piping, meters, gas pressure regulators and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-gas.

17. Building design and construction, except as specified herein.

18. Piping systems for mixtures of gas and air within the flammable range with an operating pressure greater than 10 psig (69 kPa gauge).

19. Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.

300.1.5 Other fuels. The requirements for the design, installation, maintenance, alteration and inspection of mechanical systems operating with fuels other than fuel gas shall be regulated by the International Mechanical Code.

300.2 Appendices. Provisions in the appendices shall not apply unless specifically adopted.

300.3 Intent. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of fuel gas systems.

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

(Effective January 1, 2007)

SECTION 301 (IFGC)

GENERAL

*Delete exception to Section 301.11 'Flood hazard' without substitution.

(Effective January 1, 2007)

SECTION 307 (IFGC)

CONDENSATE DISPOSAL

*Revise Section [M] 307.3 'Drain pipe materials and sizes' to add exception as follows:

[M] 307.3 Drain pipe materials and sizes.

Exception:

If an approved condensate pump is used, the condensate line must be sized according to the manufacturer's instructions.

(Effective January 1, 2007)

CHAPTER 4

GAS PIPING INSTALLATIONS

SECTION 404 (IFGC)

PIPING SYSTEM INSTALLATION

*Revise Section 404.8 'Protection against corrosion' to read as follows:

404.8 Protection against corrosion. Metallic pipe or tubing exposed to corrosive action, such as soil condition or moisture, shall be protected in an approved manner. Ferrous metal exposed in exterior locations shall be protected from corrosion in a manner satisfactory to the code official. Where dissimilar metals are joined underground, an insulating coupling or fitting shall be used. Piping shall not be laid in contact with cinders.

(Effective January 1, 2007)

SECTION 406 (IFGS)

INSPECTION, TESTING AND PURGING

*Rename Section 406.6.2 'Before turning gas on' as 'Turning gas on' and revise to read as follows:

406.6.2 Turning gas on. When turning gas on into a system of new gas piping, the entire system shall be inspected to determine that there are no open fittings or ends and that all valves at unused outlets are closed and plugged or capped.

(Effective January 1, 2007)

SECTION 409 (IFGC)

SHUTOFF VALVES

*Add new Section 409.2.1 'Point of delivery service valve' as follows:

409.2.1 Point of delivery service valve. Where the point of delivery is the outlet of the service meter assembly or the outlet of the service regulator, a service shutoff valve shall be installed. Such valve is considered to be part of the customer piping system.

(Effective January 1, 2007)

SECTION 412 (IFGC)

LIQUEFIED PETROLEUM GAS MOTOR VEHICLE FUEL-

DISPENSING FACILITIES

*Delete Section 412 'Liquefied Petroleum Gas Motor Vehicle Fuel-Dispensing Facilities' and substitute the following:

412 Liquefied Petroleum Gas Motor Vehicle Fuel-Dispensing Facilities. Under Georgia law, the Rules and Regulations of the Georgia Safety Fire Commissioner's Office govern the storage, delivery and dispensing of Liquefied Petroleum Gas. Refer to the Rules and Regulations of the Georgia Safety Fire Commissioner's Office and NFPA 58 for all requirements concerning liquefied petroleum gas motor vehicle fuel-dispensing facilities.

(Effective January 1, 2007)

SECTION 413 (IFGC)

COMPRESSED NATURAL GAS MOTOR VEHICLE FUEL-

DISPENSING FACILITIES

*Delete Section 413 'Compressed Natural Gas Motor Vehicle Fuel-Dispensing Facilities' and substitute the following:

413 Compressed Natural Gas Motor Vehicle Fuel-Dispensing Facilities. Under Georgia law, the Rules and Regulations of the Georgia Safety Fire Commissioner's Office govern the storage, delivery and dispensing of compressed natural gas. Refer to the Rules and Regulations of the Georgia Safety Fire Commissioner's Office and NFPA 52 for all requirements concerning compressed natural gas motor vehicle fuel-dispensing facilities.

(Effective January 1, 2007)

CHAPTER 6

SPECIFIC APPLIANCES

SECTION 624 (IFGC)

WATER HEATERS

*Add new Section 624.3 'Boilers/water heaters' as follows:

624.3 Boilers/water heaters. The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

(Effective January 1, 2007)

SECTION 631 (IFGC)

BOILERS

*Add new Section 631.4 'Additional regulations' as follows:

631.4 Additional regulations. For additional regulations regarding boilers/water heaters, see Section 624.3 (GA Amendments).

(Effective January 1, 2007)

CHAPTER 8

REFERENCED STANDARDS

*Revise Chapter 8 'Referenced Standards' to add as follows:

National Fire Protection Association

Batterymarch Park

NFPA Quincy, MA 02269

Standard reference number

Title

Referenced in code section number

52

Compressed Natural Gas (CNG) Vehicular Fuel Systems Amendments

413, GA

58

Liquefied Petroleum Gas Amendments

412, GA

(Effective January 1, 2007)

End of Amendments.

GEORGIA STATE MINIMUM STANDARD BUILDING CODE

(INTERNATIONAL BUILDING CODE WITH GEORGIA STATE AMENDMENTS)

The International Building Code, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments, shall constitute the official Georgia State Minimum Standard Building Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of equipment.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

SCOPE:

The provisions of the Georgia State Minimum Standard Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception #1: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the Georgia State Minimum Standard One and Two Family Dwelling Code (International Residential Code for One- and Two-Family Dwellings with Georgia State Amendments).

Exception #2: The following table titled 'Codes Reference Guide' establishes specific primary and supplementary code applications and is to be applied by the authority having jurisdiction.

CODES REFERENCE GUIDE

Area

Primary

Supplement

Occupancy Classification

LSC

IBC

Building Construction Types Including allowable height, allowable building areas, and the requirements for sprinkler protection related to minimum building construction types.

IBC

LSC

Means of Egress

LSC

NONE

Standpipes

IBC

IFC

Interior Finish

LSC

NONE

HVAC Systems

IMC

NONE

Vertical Openings

LSC

NONE

Sprinkler Systems minimum construction standard

LSC

NONE

Fire Alarm Systems

LSC

NONE

Smoke Alarms and Smoke Detection Systems

State Statute and LSC

NONE

Portable Fire Extinguishers

IFC

NONE

Cooking Equipment

LSC and NFPA 96

NONE

Fuel Fired Appliances

IFGC

NFPA 54

Liquid Petroleum Gas

NFPA 58

NFPA 54 or IFGC

Compressed Natural Gas

NFPA 52

NONE

*Revise the International Building Code, 2006 Edition, as follows:

CHAPTER 1

ADMINISTRATION

*Delete Chapter 1 'Administration' without substitution. Chapter 1 to remain in the Code as a reference and guide for local governments in development of their own Administrative Procedures.

(Effective January 1, 2007)

CHAPTER 2

DEFINITIONS

SECTION 202

DEFINITIONS

*Add definition of 'Elevator Door Opening Protective Device' as follows:

ELEVATOR DOOR OPENING PROTECTIVE DEVICE. Any device that either independently or in conjunction with the (elevator) door assembly allows the device(s) to meet the requirements of Section 715.4.3.

(Effective January 1, 2007)

CHAPTER 4

Special Detailed Requirements Based on Use and

Occupancy

SECTION 415

GROUPS H-1, H-2, H-3, H-4 AND H-5

*Delete Section 415.6.3 'Liquefied petroleum gas-distribution facilities' in its entirety and replace with the following:

415.6.3 Liquefied petroleum gas-distribution facilities. The design and construction of propane, butane, propylene, butylenes and other liquefied petroleum gas-distribution facilities shall conform to the applicable provisions of Sections 415.6.3.1 through 415.6.3.5.2 of this Code. The storage and handling of liquefied petroleum gas systems shall conform to the International Fire Code. The design and installation of piping, equipment and systems that utilize liquefied petroleum gas shall be in accordance with the Rules and Regulations of the Safety Fire Commissioner, Chapter 120-3-16 "Rules and Regulations for Liquefied Petroleum Gases". Liquefied petroleum gas distribution facilities shall be ventilated in accordance with the International Mechanical Code and Section 415.6.3.1 of this Code.

CHAPTER 5

GENERAL BUILDING HEIGHTS AND AREAS

SECTION 508

MIXED USE AND OCCUPANCY

*Revise Section 508.3.1.3 'Separation' to add exceptions as follows:

Exceptions:

1. Group H-2, H-3, H-4 or H-5 occupancies shall be separated from all other occupancies in accordance with Section 508.3.3.

2. All Group R occupancies shall be separated from other accessory occupancies in accordance with Section 508.3.3.4.

(Effective January 1, 2007)

*Revise Exception to Section 508.3.2.3 'Separation' as follows:

Exceptions:

1. Group H-2, H-3, H-4 or H-5 occupancies shall be separated from all other occupancies in accordance with Section 508.3.3.

2. All Group R occupancies shall be separated from other occupancies in accordance with Section 508.3.3.4.

(Effective January 1, 2007)

CHAPTER 7

FIRE-RESISTANCE-RATED CONSTRUCTION

SECTION 705

FIRE WALLS

*Delete exception to Section 705.3 'Materials' without substitution.

(Effective January 1, 2007)

SECTION 707

SHAFT ENCLOSURES

*Delete Sections 707.14 'Elevator, dumbwaiter and other hoistways' and 707.14.1 'Elevator lobby' and substitute the following:

707.14 Elevator, dumbwaiter and other hoistways. Elevator, dumbwaiter and other hoistway enclosures shall be constructed in accordance with this section, Section 707.4 and Chapter 30.

707.14.1 Elevator lobby. Elevator lobbies opening onto floors required to be provided with fire-rated exit access corridors and elevator lobbies in high-rise buildings shall be provided with an elevator lobby at each floor. The elevator lobby shall be separated from exit access corridors by 1-hour fire barriers with all duct penetrations protected with approved automatic smoke dampers. Each elevator lobby shall have at least one means of egress, shall contain at least thirty square feet (2.79 m²) for each elevator cab discharging in the lobby, but no area less than the largest cab discharging into the lobby, and shall have no lobby dimension less than five feet (1.52 m). Openings into the elevator lobby shall be limited to those required for access to the elevators and for egress from the building.

Exceptions:

1. In office buildings, elevator lobbies are not required from a street floor lobby provided the entire street floor is equipped with an automatic sprinkler system in accordance with Section [F] 903.3.1.1, except as provided in Section 707.14.2 (GA Amendments).

2. Elevators not required to be located in a shaft in accordance with Section 707.2.

3. Where additional doors are provided in accordance with Section 3002.6.

4. In other than Groups I-2 and I-3, and buildings which are not classified as high-rise buildings, lobby separation is not required where the building is protected by an automatic sprinkler system installed throughout in accordance with Section [F] 903.3.1.1 or [F] 903.3.1.2.

5. Elevator lobbies are not required within an atrium.

6. Elevators which are located on the exterior of the building and served by exterior walkways.

7. Elevators which serve open air parking decks in accordance with Section 406.3 beneath other occupancies.

8. Hoistways which are provided with mechanical systems designed to resist the passage of smoke to other floors through the hoistway.

9. Lobbies are not required where a listed elevator door opening protective device, in compliance with the 'Rules and Regulations of the Safety Fire Commissioner chapter 120-3-3 Rules and Regulations for the State Minimum Fire Safety Standards', is provided at the hoistway opening other than at the designated primary and alternate floors of elevator return.

10. Enclosed elevator lobbies are not required where the elevator hoistway is pressurized in accordance with Section 707.14.3 (see renumbering instructions of GA Amendment 707.14.2).

11. For existing buildings or existing structures reference Section 3403.1 (GA Amendments).

(Effective January 1, 2007)

*Renumber Sections 707.14.2 'Enclosed elevator lobby pressurization alternative' through 707.14.2.5 'Activation of pressurization system' as Sections 707.14.3 through 707.14.3.5, and add new Section 707.14.2 'Designated floors for elevator return' as follows:

707.14.2 Designated floors for elevator return. New elevators, escalators, dumbwaiters, and moving walks shall be installed in accordance with the requirements of ASME A17.1, Safety Code for Elevators and Escalators. The elevator lobby of the designated floor and the alternate floor specified by Rule 2.27.3 shall be separated from the remainder of the building by 1 hour fire-rated construction. In buildings equipped with automatic sprinkler protection, smoke partitions in accordance with the 'Rules and Regulations of the Safety Fire Commissioner Chapter 120-3-3 Rules and Regulations for the State Minimum Fire Safety Standards' may be used in lieu of 1 hour fire-rated construction. Except health care occupancies, openings in the elevator lobby shall be limited to those required for access to the elevators from exit access corridors only. Elevator lobbies may be used as part of the means of egress from the building.

Exceptions:

1. Elevator lobbies are not required within an atrium.

2. Elevator lobbies are not required where elevators are installed on open exterior walls.

3. Elevator lobbies are not required where elevators are installed in open air parking structures.

4. Elevator lobbies are not required in buildings three stories or less with vertical openings protected in accordance with the applicable occupancy chapter.

5. Elevator lobbies are not required in mercantile occupancies that have properly protected openings for escalators or stairs.

6. Existing installations acceptable to the authority having jurisdiction.

7. For existing buildings or existing structures reference Section 3403.1 (GA Amendments).

(Effective January 1, 2007)

CHAPTER 9

FIRE PROTECTION SYSTEMS

SECTION 903

AUTOMATIC SPRINKLER SYSTEMS

*Revise Section [F] 903.2.7 'Group R' to add exception as follows:

[F] 903.2.7 Group R.

Exception:

Group R-1 and R-2 occupancies which meet the exceptions allowed by the 'Rules and Regulations of the Safety Fire Commissioner Chapter 120-3-3 Rules and Regulations for the State Minimum Fire Safety Standards' are exempt from this requirement.

(Effective January 1, 2007)

CHAPTER 11

ACCESSIBILITY

• Delete Chapter 11 'Accessibility' without substitution.

{Cross-reference in State law: Title 30, Chapter 3 of the Official Code of Georgia Annotated (O.C.G.A) and the Rules and Regulations of the Georgia Safety Fire Commissioner.}

CHAPTER 14

EXTERIOR WALLS

SECTION 1404

MATERIALS

*Add new Section 1404.11 'Exterior insulation finish systems' as follows:

1404.11 Exterior insulation finish systems. Exterior Insulation Finish Systems (EIFS) shall be from manufacturers with a current ICC Evaluation Report and shall be installed in accordance with ANSI 99A, ASTM C 1397, ASTM C 1535, ASTM E 2273 (for drainable EIFS), manufacturer's installation instructions and the requirements of this section.

(Effective January 1, 2007)

SECTION 1405

INSTALLATION OF WALL COVERINGS

*Add new Section 1405.18 'Exterior insulation finish systems' as follows:

1405.18 Exterior insulation finish systems. Exterior Insulation Finish Systems (EIFS) shall be installed in accordance with the manufacturer's ICC Evaluation Report criteria and manufacturer's installation and application instructions.

(Effective January 1, 2007)

*Add new Section 1405.19 'Installation of wall coverings' as follows:

1405.19 Installation of wall coverings. Clearance between wall cladding, except masonry veneer, shall be at least 6 inches (152 mm) and a 2-inch (51 mm) clear inspection space above paved areas must be visible below cladding down to the final grade of the top of the soil which is immediately adjacent to the structure.

(Effective January 1, 2007)

CHAPTER 15

ROOF ASSEMBLIES AND ROOFTOP STRUCTURES

SECTION 1507

REQUIREMENTS FOR ROOF COVERINGS

*Revise Section 1507.4.4 'Attachment' to read as follows:

1507.4.4 Attachment. Metal roof panels shall be secured to the supports in accordance with the approved manufacturer's fasteners. In the absence of manufacturer recommendations, the following applicable fasteners shall be used:

1. Galvanized fasteners shall be used for steel roofs.

2. 300 series stainless-steel fasteners shall be used for copper roofs.

3. Stainless-steel fasteners are acceptable for all types of metal roofs.

4. Aluminum fasteners shall be used for aluminum roofing.

(Effective January 1, 2007)

CHAPTER 17

STRUCTURAL TESTS AND SPECIAL INSPECTIONS

SECTION 1701

GENERAL

*Add new Section 1701.4 'Guidelines' as follows:

1701.4 Guidelines. The local building official or authority having jurisdiction shall be authorized to use ACEC/SEAOG SI GL 01-03/16/2006, Georgia Special Inspections Guidelines, in part or in whole for the purposes of implementing and enforcing the provisions of Chapter 17, 'Structural Tests and Special Inspections', and/or establishing a Special Inspections program for their jurisdiction.

(Effective January 1, 2007)

SECTION 1703

APPROVALS

*Rename Section 1703.7 'Evaluation and follow-up inspection services' as 'Evaluation and follow-up inspection services for "fabricated assemblies."'

(Effective January 1, 2007)

SECTION 1704

SPECIAL INSPECTIONS

*Revise first paragraph of Section 1704.1 'General' to read as follows:

1704.1 General. Where application is made for construction as described in this section, the owner or the registered design professional in responsible charge acting as the owner's agent shall employ one or more special inspectors to provide inspections during construction on the types of work listed under Section 1704. The special inspector shall be qualified in accordance with Table 1704.1. These inspections are in addition to the inspections specified in Section 109.

(Effective January 1, 2007)

*Add new Table 1704.1 'Minimum Special Inspector Qualifications'

See pages 15 through 17.

(Effective January 1, 2007)

*Revise exception #2 to Section 1704.1 'General' to read as follows:

1704.1 General.

Exception # 2:

Special inspections are not required for buildings unless the design involves the practice of professional engineering or architecture as defined by applicable state statutes and regulations governing the professional registrations and certification of engineers or architects, unless specifically exempted in other sections of this code.

(Effective January 1, 2007)

CHAPTER 18

SOILS AND FOUNDATIONS

SECTION 1802

FOUNDATION AND SOILS INVESTIGATIONS

*Delete exception to Section 1802.2 'Where required.'

(Effective January 1, 2007)

SECTION 1803

EXCAVATION, GRADING AND FILL

*Revise the second sentence of Section 1803.2 'Placement of backfill' to read as follows:

1803.2 Placement of backfill.

(First sentence left unchanged.)

...low strength material (CLSM). The backfill shall be placed in lifts not to exceed 12 inches (305 mm) and compacted, in a manner that does not damage the foundation, waterproofing, dampproofing material, or interior and exterior finishes.

(exception left unchanged.)

(Effective January 1, 2007)

*Add new Section 1803.7 'Excavation greater than 10 feet (3048 mm)' as follows:

1803.7 Excavation greater than 10 feet (3048 mm). When an excavation extends more than 10 feet (3048 mm) below the established curb grade nearest the point of excavation under consideration, the one causing the excavation to be made, if given the necessary license to enter the adjoining premises, shall provide at his own expense one of the following:

1. Underpinning and protection required by that part of the excavation which extends to a depth greater than 10 feet (3048 mm) below the established curb grade nearest the point of excavation under consideration, whether or not the existing footings or foundations extend to the depth of 10 feet (3048 mm) or more below curb grade, or,

2. Shoring and bracing of the sides of the excavation required to prevent any soil movement into the excavation. If permanent lateral support is provided, the method used must satisfy requirements of the building official.

(Effective January 1, 2007)

SECTION 1808

PIER AND PILE FOUNDATIONS

*In Section 1808.1 'Definitions,' revise definition of 'Pier Foundations' by changing "12 times" to "10 times."

(Effective January 1, 2007)

SECTION 1812

PIER FOUNDATIONS

*Revise Section 1812.2 'Lateral dimensions and height' to read as follows:

1812.2 Lateral dimensions and height. The minimum horizontal dimension of isolated piers used as foundations shall be 16 inches (406 mm), and the height shall not exceed 10 times the least horizontal dimension.

(Effective January 1, 2007)

CHAPTER 19

CONCRETE

SECTION 1901

GENERAL

*Revise Item #10 of Section 1901.4 'Construction documents' to read as follows:

1901.4 Construction documents.

Item #10:

Stressing sequence for posttensioning tendons for members where the stressing sequence is necessary to properly erect an unconventional structure.

(Effective January 1, 2007)

SECTION 1905

CONCRETE QUALITY, MIXING AND PLACING

*Revise Section 1905.6.1'Qualified technicians' to read as follows:

1905.6.1 Qualified technicians. Concrete shall be tested in accordance with the requirements in Sections 1905.6.2 through 1905.6.5. Qualified field testing technicians from an approved agency per Table 1704.1 shall perform tests on fresh concrete at the job site, prepare specimens required for curing under field conditions, prepare specimens required for testing in the laboratory and record the temperature of the fresh concrete when preparing specimens for strength tests. Qualified laboratory technicians from an approved agency per Table 1704.1 shall perform all required laboratory tests.

(Effective January 1, 2007)

CHAPTER 21

MASONRY

SECTION 2109

EMPIRICAL DESIGN OF MASONRY

*Revise second sentence of Section 2109.6.3.2 'Bonding with prefabricated joint reinforcement' to read as follows:

2109.6.3.2 Bonding with prefabricated joint reinforcement.

(First sentence left unchanged)

...of wall area. The vertical spacing of the joint reinforcing shall not exceed 16 inches (406 mm).

(Remainder of section left unchanged.)

(Effective January 1, 2007)

CHAPTER 29

PLUMBING SYSTEMS

SECTION 2902

MINIMUM PLUMBING FACILITIES

*Delete the requirements for "service sinks" from Table [P]2902.1 'Minimum Number of Required Plumbing Fixturesª' without substitution.

(Effective January 1, 2007)

*Revise Section 2902.4.1 'Location of toilet facilities in occupancies other than covered malls' by revising Exception as follows:

Exception: The location and maximum travel distances to required employee toilet facilities in factory, storage, and industrial occupancies are permitted to exceed that required by this section, provided that the location and maximum travel distance are approved.

(Effective January 1, 2007)

CHAPTER 30

ELEVATORS AND CONVEYING SYSTEMS

SECTION 3006

MACHINE ROOMS

*Revise Section 3006.5 'Shunt trip' to read as follows:

3006.5 Shunt trip. Where elevator hoistways or elevator machine rooms containing elevator control equipment are protected with automatic sprinklers, a means installed in accordance with NFPA 72, Section 3-9.4, Elevator Shutdown, shall be provided to disconnect automatically the main line power supply to the affected elevator prior to the application of water. If the means is located in the affected elevator machine room, it shall be in a water resistant enclosure. This means shall not be self-resetting. The activation of sprinklers outside the hoistway or machine room shall not disconnect the main line power supply. Machine rooms having a two hour fire separation from the building and provided with smoke detection interconnected to the building fire alarm system are not required to be sprinklered.

(Effective January 1, 2007)

CHAPTER 33

SAFEGUARDS DURING CONSTRUCTION

SECTION 3305

SANITARY

*Revise Section 3305.1 'Facilities required' to read as follows:

3305.1 Facilities required. Sanitary facilities shall be provided during construction, remodeling or demolition activities.

(Effective January 1, 2007)

CHAPTER 34

EXISTING STRUCTURES

SECTION 3403

ADDITIONS, ALTERATIONS OR REPAIRS

*Revise Section 3403.1 'Existing buildings or structures' to add at end as follows:

3403.1 Existing buildings or structures.

(Beginning of section left unchanged.)

...a new structure. The extent to which the existing system shall be made to conform to the requirements of the State Minimum Standard Codes for new construction shall be as follows unless otherwise required by this section:

1. When the estimated cost of the new work is less than fifty percent (50%) of the replacement cost of the existing system or building, the new work shall be brought in to conformance with the requirements of the State Minimum Standard Codes for new construction.

2. When the estimated cost of the new work is equal to or greater than fifty percent (50%) of the replacement cost of the existing system or building, the entire system or building shall be made to conform to the requirements of the State Minimum Standard Codes for new construction.

3. For essential service facilities Occupancy Category IV type buildings as defined by Table 1604.5, when the estimated cost of the new work is equal to or greater than thirty percent (30%) of the replacement cost of the existing system, the entire system shall be made to conform to the requirements of the State Minimum Standard Codes for new construction.

(Effective January 1, 2007)

[EB] SECTION 3410

COMPLIANCE ALTERNATIVES

*Delete [EB] Section 3410 'Compliance Alternatives' without substitution.

(Effective January 1, 2007)

CHAPTER 35

REFERENCED STANDARDS

*Revise Chapter 35 'Referenced Standards' to add as follows:

ACEC/G American Council of Engineering Companies of Georgia Peachtree Center, Harris Tower, Suite 700 233 Peachtree Street Atlanta, GA 30303

Standard reference number

Title

Referenced in code section number

ACEC/SEAOG

Georgia Special Inspections Guidelines..............................

1701.4, GA Amendments

SI GL 01-03/16/2006 (Available for download at: http://acecga.org/)

ANSI American National Standards Institute 25 West 43rd Street, Fourth Floor New York, NY 10036

Standard reference number

Title

Referenced in code section number

99A-01

American National Standard for Exterior Insulation and Finish Systems (EIFS)..............................

1404.11, GA Amendments

ASME American Society of Mechanical Engineers Three Park Avenue New York, NY 10016-5990

Standard reference number

Title

Referenced in code section number

A17.1-04

Safety Code for Elevators and Escalators with A17.1a-2004 addenda and A17.1S Supplement...................

707.14.2, GA Amendments

ASTM ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2859

Standard reference number

Title

Referenced in code section number

C 1397-05

Standard Practice for Application of Class PB Exterior Insulation and Finish Systems.........................

1404.11, GA Amendments

C 1535-05

Standard Practice for Application of Exterior Insulation and Finish Systems Class PI.............................

1404.11, GA Amendments

E 2273-03

Standard Test Method for Determining the Drainage Efficiency of Exterior Insulation and Finish Systems (EIFS) Clad Wa ll Assemblies......................

1404.11, GA Amendments

(Effective January 1, 2007)

End of Amendments.

TABLE 1704.1 MINIMUM SPECIAL INSPECTOR QUALIFICATIONS

Category of Testing and Inspection Minimum Qualifications (refer to key at end of Table)

Shop Inspection

Field Inspection/Review

Review Submittals

Review Testing, Certification, & Lab Reports

1704.2 Inspection of Fabricators

Pre-cast Concrete

A, C, D, E

Structural Steel Construction

C, F, G

Wood Construction

A

Cold Formed Metal Construction

A

1704.3 & 1707.2 Steel Construction

Welding

C, F, G

C, F, G

A

A, B

High Strength Bolting, Inspection of Steel Frame Joint Details

A, C

A

A, B

1704.4 & 1708.3 Concrete Construction

Reinforcing Placement, Cast-in-Place Bolts, Prestressing Steel installation, Concrete and Shotcrete Placement and curing operations

A, C, H, I

Erection of pre-cast concrete members

A, C, H

Concrete Field Testing

A, I, J, H, C

Review certified mill reports and design mixes

A

Review use of Required Design Mix

A, I, J, H, C

Pre-stressed (pre-tensioned) concrete force application

A, C, E

Post-tensioned concrete force application

A, C, D

Review of in-situ concrete strength, prior to stressing post-tensioned concrete

A

Reinforcing steel weldability, reinforcing welding, weld filler material

C, F, G

1704.5 & 1708.1 Masonry

Review f'm prior to construction

A

Mortar joint construction, grout protection and placement, materials proportion, type/size/location of reinforcement, structural elements, anchorage, and connectors

A, C, K, L

Sampling/Testing of Grout/Mortar specimens

A, C, (J + M)

Observe preparation of masonry prisms for testing of compressive strength of masonry, f'm

A, C, K, L

Inspection of welding of reinforcing steel

C, F, G

1704.7 & 1803 Soils

Observe Site Preparation and Fill Placement with Testing of Compaction for compliance with the Geotechnical Report for the project

A, I

Observe and Test Bearing Materials below Shallow Foundations for ability to achieve design bearing capacity

A, N

Review Compaction Testing for compliance with the Geotechnical Report for the project

A

1704.8, 1704.9 & 1808 Pile and Pier Foundations

Observe Installation

A, N

Observe Load Tests

A

1704.10 Sprayed Fire-Resistant Materials

Observe surface conditions, application, average thickness and density of applied material, and cohesive/adhesive bond

A, C

1704.11 Mastic and intumescent fire-resistant coatings

Observe application compliance with AWCI 12-B

A, C

1704.12 Exterior Insulation and Finish Systems

Inspect EIFS Systems

A, B, C, O

1704.13 Special Cases

Work of unusual or special nature

A, B, O

[F]1704.14 Smoke Control See Requirements of IBC Section [F]1704.14.2.

1705, 1707 & 1708 Seismic and Wind Resistance

Periodic inspection of fabrication, installation and/or anchorage of building systems and components 2

A

(Key to table on next page)

KEY:

A. Georgia Professional Engineer (GA PE) competent in the specific task area or graduate of accredited engineering/engineering technology program under the direct supervision of a GA PE.

B. Georgia Registered Architect (GA RA) or graduate of accredited architecture/architecture technology program under the direction of a GA RA.

C. International Code Council (ICC) Special Inspector Certification specific to the particular material and testing methodology applicable to each Category of Testing and Inspection listed in the table.

D. Post-tensioning Institute (PTI) Certification.

E. Pre-stressed Concrete Institute (PCI) Certified Inspector.

F. American Welding Society (AWS) Certified Welding Inspector (CWI) or AWS Certified Associate Welding Inspector working under the direct on-site supervision of a CWI.

G. American Society for Nondestructive Testing (ASNT) Level II certification or a Level III certification if previously certified as Level II in the particular material and testing methodology applicable to each Category of Testing and Inspection listed in the table.

H. American Concrete Institute (ACI) Concrete Construction Special Inspector.

I. National Institute for Certification of Engineering Technicians (NICET) Level II or III certification specific to the particular material and testing methodology applicable to each Category of Testing and Inspection listed in the table.

J. ACI Concrete Field Testing Technician with Grade 1 certification.

K. Georgia Concrete and Product Association (GC&PA) - Masonry Association of Georgia (MAG) Masonry Construction Inspector Certification.

L. National Concrete Masonry Association (NCMA) Concrete Masonry Testing Procedures certification.

M. GC&PA - MAG Masonry Testing Technician certification.

N. NICET Certified Engineering Technologist (CT).

O. Other Qualified Special Inspector as approved by the Building Official.

Notes:

The minimum qualifications shown are either one or the other per category (not all) unless otherwise stated.

Materials testing shall be done by an Approved Testing Agency meeting the requirements of IBC Section 1703 and ASTM E 329.

The Building Official is authorized to approve Special Inspectors who have documented relevant experience and are progressing towards achieving the minimum qualifications noted above prior to January 1, 2008.

GEORGIA STATE MINIMUM STANDARD

ENERGY CODE

(INTERNATIONAL ENERGY CONSERVATION CODE

WITH GEORGIA STATE SUPPLEMENTS AND AMENDMENTS)

The INTERNATIONAL ENERGY CONSERVATION CODE, 2000 Edition, published by the International Code Council, when used in conjunction with these Georgia State Supplements and Amendments and the Georgia State Supplements and Amendments adopted effective January 1 of 2003, 2005 and 2006, shall constitute the official Georgia State Minimum Standard Energy Code.

GEORGIA STATE SUPPLEMENTS AND AMENDMENTS

SCOPE:

Each chapter of these Georgia State Supplements and Amendments corresponds with a chapter of the International Energy Conservation Code (IECC).

Chapter 1: Administration and Enforcement.

Chapter 2: Definitions.

Chapter 3: Design Conditions. 'The criteria of this chapter establish the design conditions for use with Chapters 4, 5, 6 and 8.'

Chapter 4: Residential Building Design by Systems Analysis and Design of Buildings Utilizing Renewable Energy Sources. 'This chapter establishes design criteria in terms of total energy use by a residential building, including all of its systems.' (One method by which to achieve compliance for low-rise residential construction.)

Chapter 5: Residential Building Design by Component1 Performance Approach. 'Residential buildings or portions thereof that enclose conditioned space shall be constructed to meet the requirements of this chapter.' (One method by which to achieve compliance for low-rise residential construction.)This chapter offers the use of 'trade-offs,' whereby values between building components may be substituted or traded-off for compliance. A properly completed Georgia Trade-Off Worksheet2 or the use of appropriate computer software (REScheck3) may be used to validate any trade-off.

Chapter 6: Simplified Prescriptive Requirements for Residential Buildings, Type A-1 and A-2. 'This chapter sets forth energy-efficiency-related requirements for the design and construction of Type A-1 and A-2 residential buildings.' (One method by which to achieve compliance for low-rise residential construction.)

Chapter 7: Building Design for All Commercial Buildings. Commercial buildings [except those that comply with Chapter 8, Design by Acceptable Practice for Commercial Buildings; the Single Step Compliance for Simple Commercial Buildings; or appropriate computer software (COMcheck3)] shall meet the requirements of ANSI/ASHRAE/IESNA Standard 90.1-2004. (One method by which to achieve compliance for commercial and high-rise residential construction.)

Chapter 8: Design by Acceptable Practice for Commercial Buildings. 'The requirements contained in this chapter are applicable to commercial buildings, or portions of commercial buildings.' (One method by which to achieve compliance for commercial and high-rise residential construction.)

Chapter 9: Referenced Standards.

Appendix A.

Appendix B. Provides additional prescriptive methods by which to achieve compliance, simple methods and forms to assist in compliance calculations, and illustrations to assist in the understanding of compliance requirements.

Individual structures should follow a single compliance method and not a combination of compliance methods. The 'basic requirements' of the International Energy Conservation Code (IECC) apply to all compliance methods.

Where these Georgia State Supplements and Amendments conflict with either the International Energy Conservation Code (IECC)or ANSI/ASHRAE/IESNA Standard 90.1-2004, these Georgia State Supplements and Amendments shall take precedence.

Air infiltration accounts for substantial heat loss, heat gain and moisture migration in a building. Proper sealing around all doors, windows and other envelope penetrations through the walls, ceiling and foundation is as important to code compliance as are proper insulation R-values and component U-values.

It is not the intention of this code to abridge safety or health. Where the International Energy Conservation Code (IECC) and these Georgia State Supplements and Amendments conflict with other mandatory State Minimum Standard Codes, the International Energy Conservation Code (IECC) and these Georgia State Supplements and Amendments shall be enforced as written provided safety, health or environmental requirements of other mandatory State Minimum Standard Codes are not abridged.

CODE REFERENCE:

Replace all references to ANSI/ASHRAE/IESNA 90.1-1999 and ANSI/ASHRAE/IESNA 90.1-2001 with references to ANSI/ASHRAE/IESNA 90.1-2004.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

1. 'Component' refers to a particular element of a building, such as a ceiling, an exterior wall, a floor, etc.

2. For the 'Georgia Trade-Off Worksheet,' see Appendix B.

3. REScheck and COMcheck are computer programs developed by Pacific Northwest National Laboratories for the U.S. Department of Energy (D.O.E.) to assist in demonstration of compliance with the International Energy Conservation Code (IECC). They can be obtained from the D.O.E. by calling (800) 270-CODE (2633) or free of charge online at www.energycodes.gov.

*Revise the International Energy Conservation Code, 2000 Edition, as follows:

GEORGIA STATE SUPPLEMENTS AND AMENDMENTS

*Delete Table 701 'Minimum Thermal Component Requirements' of the Georgia State Supplements and Amendments revised January 1 of 2003 and 2005 in its entirety without substitution.

(Effective January 1, 2007)

End of Supplements and Amendments.

GEORGIA STATE MINIMUM STANDARD FIRE CODE

(INTERNATIONAL FIRE CODE WITH GEORGIA STATE

AMENDMENTS)

The INTERNATIONAL FIRE CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments, shall constitute the official Georgia State Minimum Standard Fire Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Amendments). The Georgia State Minimum Standard Energy Code Buildings shall be used for efficiency and coefficient of performance ratings of equipment.

SCOPE:

The Georgia State Minimum Standard Fire Code establishes regulations affecting or relating to structures, processes and premises and safeguards from the hazards of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from fire hazards in the structure or on the premise from occupancy or operation. It also applies to the construction, extension, repair, alteration or removal of fire suppression and alarm systems.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

*Revise the International Fire Code, 2006 Edition, as follows:

CHAPTER 1

ADMINISTRATION

SECTION 101

GENERAL

*Delete paragraph 101.1 in its entirety and insert in its place the following:

101.1 Title. The INTERNATIONAL FIRE CODE, 2006 edition, published by the International Code Council, when used in conjunction with these Georgia Amendments, shall be known as a Georgia State Minimum Standard Code, hereinafter referred to as "this code."

(Effective January 1, 2007)

*Delete paragraph 101.3 in its entirety and substitute in its place the following:

101.3 Purpose and intent. The primary purpose of this Code, as adopted, is to provide, along with other adopted codes and standards, for the reasonable minimum protection of life and property from the hazards created by fire, smoke, explosion, or panic created from a fear of fire or smoke. It is intended that the purposes of this Code be accomplished by:

(1) Coordinating application and enforcement of its provisions with those of other applicable laws, rules, regulations, codes, and standards; and

(2) By coordinating the application of its provisions where possible with educational programs or efforts designed to bring about changes in high risk attitudes and behaviors that are the root causes of most fire related problems in Georgia; and

(3) By encouraging or requiring informational and awareness programs designed to make the citizens of Georgia aware of their responsibilities for compliance with this Code as well as the other Rules and Regulations of the Safety Fire Commissioner. The intent of this Code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to fire fighters and emergency responders during emergency operations.

(Effective January 1, 2007)

SECTION 102

APPLICABILITY

*Add an exception to paragraph 102.1. to read as follows:

Exception:

This Code does not apply to one- and two-family dwellings or one- and two-family row houses (townhouses) separated by a 2-hour fire wall containing not more than three dwelling units per structure.

(Effective January 1, 2007)

*Add an exception to paragraph 102.2. to read as follows:

Exception:

This Code does not apply to one- and two-family dwellings or one- and two-family row houses (townhouses) separated by a 2-hour fire wall containing not more than three dwelling units per structure.

(Effective January 1, 2007)

*Delete paragraph 102.3 in its entirety and substitute in its place the following:

102.3 Change of use or occupancy. No change shall be made in use or occupancy of any building or structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this Code, as may be applicable, as well as those of the International Building Code (IBC), as adopted by Department of Community Affairs. Pursuant to O.C.G.A. 25-2-14, due to a change of use or occupancy of a building or structure the building or structure shall be treated as a proposed (new) building. (Refer to 103.3 of this Code regarding the requirements applicable to proposed (new) buildings and structures.)

(Effective January 1, 2007)

*Delete paragraph 102.4 in its entirety and substitute in its place the following:

102.4 Application of the building code. The design and construction of proposed (new) buildings and structures shall comply with the International Building Code (IBC), as modified and adopted by the Georgia Department of Community Affairs. Repairs, alterations, additions, changes in use or occupancy classification, or changes in buildings or structures required by provisions the IFC, and which are within the scope of the IBC, shall be made in accordance with the IBC, for purposes of the Rules and Regulations of the Georgia Safety Fire Commissioner.

(Effective January 1, 2007)

*Delete paragraph 102.5 in its entirety and insert in its place the following:

102.5 Historic Buildings. Refer to 102.1 and 102.2 regarding the application of this Code to existing buildings. Except to the extent required by applicable laws of Georgia, the provisions of this Code are not mandatory for buildings or structures identified and classified by the state, or as appropriate, a local jurisdiction, as historic buildings when such buildings or structures are judged by the fire code official to be safe and in the public interest of health, safety and welfare. When evaluating the safety of historic buildings the fire code official should consult O.C.G.A. Section 8-2-3, 'Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings', the provisions of O.C.G.A. Sections 25-2-13(b)(3) & 25-2-13(b)(4), and NFPA Standard 914, Code for Fire Protection of Historic Structures, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner as a recommended practice.

(Effective January 1, 2007)

*Delete paragraph 102.6 in its entirety and substitute in its place the following paragraphs:

102.6 Referenced codes and standards. Where the provisions of this Code or the standards referenced thereby and in Chapter 45 of this Code do not apply to the specific subjects, situations or conditions encountered that involve risks to life and property from the hazards of fire, panic from fear of fire or smoke, or related hazards, compliance with the applicable chapters of the Rules and Regulations of the Safety Fire Commissioner shall be evidence of compliance with this Code.

(Effective January 1, 2007)

*Add a new paragraph 102.10 to Section 102 to read as follows:

102.10

CODES REFERENCE GUIDE

Area

Primary

Supplement

Occupancy Classification

LSC

IBC

Building Construction Types Including allowable height, allowable building areas, and the requirements for sprinkler protection related to minimum building construction types.

IBC

LSC

Means of Egress

LSC

NONE

Standpipes

IBC

IFC

Interior Finish

LSC

NONE

HVAC Systems

IMC

NONE

Vertical Openings

LSC

NONE

Sprinkler Systems minimum construction standard

LSC

NONE

Fire Alarm Systems

LSC

NONE

Smoke Alarms and Smoke Detection Systems

State Statute and LSC

NONE

Portable Fire Extinguishers

IFC

NONE

Cooking Equipment

LSC and NFPA 96

NONE

Fuel Fired Appliances

IFGC

NFPA 54

Liquid Petroleum Gas

NFPA 58

NFPA 54 or IFGC

Compressed Natural Gas

NFPA 52

NONE

Coordination of provisions. This Code shall apply to all buildings, structures and facilities as provided in subsections 102.1 and 102.2, and shall be utilized in conjunction with codes and standards specified in Table 102.10entitled, CODES REFERENCE GUIDE.

(Effective January 1, 2007)

*Add a new paragraph 102.11 to read as follows:

102.11 Liability. The fire code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.

(Effective January 1, 2007)

102.11.1 Legal defense. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The fire code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of fire prevention, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

(Effective January 1, 2007)

SECTION 103

DEPARTMENT OF FIRE PREVENTION

*Delete Section 103 in its entirety and substitute in its place the following.

SECTION 103

GENERAL PROVISIONS FOR EXISTING AND PROPOSED

(NEW) BUILDINGS

*Add a new subsection 103.1 to read as follows:

103.1 General Provisions. The administration, enforcement and penalty provisions of O.C.G.A. Title 25, Chapter 2, and the administrative provisions of the various chapters of the Rules and Regulations of the Safety Fire Commissioner shall apply to and regulate the application and enforcement of this Code by the Safety Fire Division of the Office of the Safety Fire Commissioner.

Note: Nothing herein shall be construed as prohibiting any local jurisdiction from adopting the deleted portions of Chapter 1 of this Code for local purposes, provided, however, local amendments shall not be less restrictive than this Code, and other codes and standards as adopted by the various chapters of the Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2007)

103.1.1 The provisions of O.C.G.A. Title 25, Chapter 2, and other applicable state laws, and the applicable provisions of various chapters of the Rules and Regulations of the Safety Fire Commissioner regarding the requirements for certificates, licenses, permits, plan reviews, inspections, approvals, fees, etc. shall apply and are in addition to any requirements of local jurisdictions. Local authorities having jurisdiction need to be consulted to determine if rules and regulations of the local jurisdiction regarding the requirements for local certificates, licenses, permits, plan reviews, inspections, approvals, fees, etc. also apply.

(Effective January 1, 2007)

103.1.1.1 The administrative, operational, and maintenance provisions of this Code, with regard to the Safety Fire Division of the Office of the Georgia Safety Fire Commissioner, shall be limited to the scope and intents and purposes of the Official Code of Georgia Annotated (O.C.G.A.) Title 25, Chapter 2, and the Commissioner's Rules and Regulations.

(Effective January 1, 2007)

103.1.1.1.1 Pursuant to O.C.G.A. 25-2-13(d), every person who owns or controls the use of any building, part of a building, or structure described in O.C.G.A 25-2-13(b)(1), which because of floor area, height, location, use or intended use as a gathering place for large groups, or use or intended use by or for the aged, the ill, the incompetent, or the imprisoned, constitutes a special hazard to property or to the life and safety on account of fire or panic from fear of fire, must so construct, equip, maintain, and use such building or structure as to afford every reasonable and practical precaution and protection against injury from such hazards. No person who owns or controls the use or occupancy of such a building or structure shall permit the use of the premises so controlled for any such specially hazardous use unless he has provided such precautions against damage to property or injury to persons by these hazards as are found and determined by the Commissioner in the manner described in O.C.G.A. 25-2-13(d) to be reasonable and practical.

(Effective January 1, 2007)

*Add a new subsection 103.2 to read as follows:

103.2 Existing buildings. Every building and structure existing as of April 1, 1968, which building or structure is listed in paragraph (1) of subsection (b) of O.C.G.A 25-2-13 shall comply with the minimum fire safety standards in the Rules and Regulations of the Safety Fire Commissioner promulgated pursuant to O.C.G.A. 25-2 which were in effect at the time such building or structure was constructed.

Exception #1: Any nonconformance noted under the electrical standards adopted at the time such building or structure was constructed shall be corrected in accordance with the current electrical standards adopted pursuant to O.C.G.A. 25-2.

Exception #2: A less restrictive provision contained in any subsequently adopted minimum fire safety standard pursuant to O.C.G.A. 25-2, may be applied to any existing building or structure.

(Effective January 1, 2007)

103.2.1 Existing buildings to be deemed a proposed building. For the purposes of O.C.G.A. 25-2-14(b), any existing building or structure listed in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 and which comes under the jurisdiction of the Office of the Safety Fire Commissioner, pursuant to O.C.G.A. 25-2-14(b), shall be deemed to be a proposed (new) building in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy. The term "substantial renovation", for purposes of this subsection means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation (O.C.G.A. 25-2-14). Where a change of classification is involved, also refer to 102.3 of this Code.

(Effective January 1, 2007)

*Add a new 103.3 to read as follows:

103.3 Proposed (new) buildings and additions to existing buildings:

1. Pursuant to O.C.G.A. 25-2-14.1(b), every proposed building and structure listed in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 shall comply with the adopted minimum fire safety standards that were in effect on the date that plans and specifications therefore were received by the state fire marshal, the proper local fire marshal, or state inspector for review and approval.

2.Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 and which come under the jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A. 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started (O.C.G.A. 25-2-14(a)). All such plans and specifications submitted as required by O.C.G.A. 25-2-14(a) shall be accompanied by a fee in the amount provided in O.C.G.A. 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner.

3. Pursuant to O.C.G.A. 25-2-37(a), it shall be unlawful for any person to begin construction on any proposed building or structure which comes under the classification in paragraph (1) of subsection (b) of O.C.G.A 25-2-13 and which comes under the jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A. 25-2-12 without first having plans approved in accordance with O.C.G.A. 25-2-14.

(Effective January 1, 2007)

*Add a new 103.4 to read as follows:

103.4 Proposed building construction and completion. Pursuant to O.O.G.A. 25-2-14(b), a complete set of plans and specifications approved as set forth in 103.3 shall be maintained on the construction site, and construction shall proceed in compliance with the state minimum fire safety standards under which such plans and specifications were approved. The owner of any such building or structure or his authorized representative shall notify the state fire marshal, the proper local fire marshal, or state inspector upon completion of approximately 80 percent of the construction thereof and shall apply for a certificate of occupancy when construction of such building or structure is completed.

(Effective January 1, 2007)

*Add a new 103.5 to read as follows:

103.5 Certificate of occupancy required. Pursuant to O.C.G.A. 25-2-14(c), every building or structure which comes under classification in paragraph (1) of subsection (b) of O.C.G.A. 25-2-13 and which comes under the jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A. 25-2-12 shall have a certificate of occupancy issued by the state fire marshal, the proper local fire marshal, or state inspector before such building or structure may be occupied. Such certificates of occupancy shall be issued for each business establishment within the building, shall carry a charge in the amount provided in O.C.G.A. 25-2-4.1, shall state the occupant load for such business establishment or building, shall be posted in a prominent location within such business establishment or building, and shall run for the life of the building, except as provided in O.C.G.A. 25-2-14(d). (See 103.2.1 of the IFC, as adopted by the Rules and Regulations of the Safety Fire Commissioner.)

(Effective January 1, 2007)

SECTION 105

PERMITS

The provisions of Section 105, PERMITS, are not adopted for purposes of the Rules and Regulations of the Safety Fire Commissioner. Local governing authorities may adopt the provisions for local purposes. Refer to 102.10.2 with regard to permits required by the Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2007)

SECTION 107

MAINTENANCE

*Delete Section 107.6 in its entirety and substitute in its place the following:

107.6 Overcrowding and Life Safety Hazards. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall be authorized to cause the event to be stopped until such condition or obstruction is corrected. A structure, building, individual room or designated portion thereof shall be deemed to be overcrowded if the number of occupants exceeds one person per 5 sq. ft of open net floor area of such room or space when fixed seating is not provided. In addition, a structure, building, room or designated portion thereof shall also be deemed overcrowded if the total number of occupants exceeds the exit capacity of the structure, building, room or area involved.

(Effective January 1, 2007)

SECTION 108

BOARD OF APPEALS

The provisions of Section 108, BOARD OF APPEALS, are not adopted for purposes of the Rules and Regulations of the Safety Fire Commissioner. Local governing authorities may adopt the provisions for local purposes.

(Effective January 1, 2007)

SECTION 109

VIOLATIONS

*Delete paragraph 109.3 in its entirety and substitute in its place the following:

109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of violation of Code Section 25-2-37 of the Official Code of Georgia Annotated. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(Effective January 1, 2007)

109.3.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.

(Effective January 1, 2007)

CHAPTER 2

DEFINITIONS

SECTION 201

GENERAL

*Delete paragraph 201.3 in its entirety and substitute in its place the following:

201.3 Terms defined in other codes. Where terms are not defined in this Code and are defined in the International Building Code (IBC),the International Fuel Gas Code (IFC), the International Mechanical Code (IMC), or codes and standards of the National Fire Protection Association (NFPA), as adopted by the Rules and Regulations of the Safety Fire Commissioner, such terms shall have the meanings ascribed to them as in those codes and standards.

(Effective January 1, 2007)

SECTION 202

GENERAL DEFINITIONS

*Add the following definitions to Section 202:

Day-care Center - A day-care facility subject to licensure or commission by the Department of Human Resources where more than 12 clients receive care.

(Effective January 1, 2007)

Group Day-care Home - A day-care facility subject to licensure or commission by the Department of Human Resources where at least seven but not more than 12 clients receive care.

(Effective January 1, 2007)

Personal Care Home/Assisted Living Facility - Any building or part thereof that is used for the lodging or boarding of seven or more residents, not related by blood or marriage to the owners or operators, for the purpose of providing personal care services.

(Effective January 1, 2007)

Residential Occupancies. Occupancies, as specified in the scope of this standard, include the following, as defined in Chapter 2 of this Code, or the IBC,or by State law, or by the Rules and Regulations of the Georgia Safety Fire Commissioner:

(1) Apartment buildings, (2) Lodging and rooming houses, (3) Board and care facilities, (4) Hotels, motels, and dormitories, (5) Personal care homes and assisted living facilities, (6) Day-care centers and group day-care homes.

(Effective January 1, 2007)

CHAPTER 3

GENERAL PRECAUTIONS AGAINST FIRE

SECTION 303

ASPHALT KETTLES

*Delete paragraph 303.5 in its entirety and substitute in its place the following:

303.5 Fire Extinguishers. There shall be at least one portable fire extinguisher complying with Section 906 and with a minimum 2-A:40-B:C rating within 25 feet (7620 mm) of each asphalt(tar) kettle during the period such kettle is being utilized, and a minimum of one additional portable fire extinguisher with a minimum 3-A: 40-B: C rating on the roof being covered.

(Effective January 1, 2007)

SECTION 308

OPEN FLAMES

*Add new exceptions 4, 5, 6, 7 and 8 to paragraph 308.3.7 to read as follows:

Exception #4:

In Group A public assembly occupancies having an occupant load greater than 300, a minimum ceiling height of 25 feet and that are protected throughout by an approved, supervised automatic sprinkler system installed in accordance with NFPA 13, as adopted by the Rules and Regulations of the Safety Fire Commissioner, pyrotechnic special effect devices shall be permitted to be used on stages before proximate audiences for ceremonial or religious purposes, as part of a demonstration in exhibits, or as part of a performance, provided that precautions satisfactory to the authority having jurisdiction are taken to prevent ignition of any combustible material and use of the pyrotechnic device complies with NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience, as adopted by the Rules and Regulations of the Safety Fire Commissioner. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration shot of all types of devices being used in the display.

Exception #5:

In Group A public assembly occupancies having an occupant load greater than 300, a minimum ceiling height of 25 feet and that are protected throughout by an approved, supervised automatic sprinkler system installed in accordance with NFPA 13, as adopted by the Rules and Regulations of the Safety Fire Commissioner, flame effects before an audience shall be permitted in accordance with NFPA 160, Standard for Flame Effects Before an Audience, as adopted by the Rules and Regulations of the Safety Fire Commissioner. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration of all types of devices being used in the display.

Exception#6: On stages and platforms as a necessary part of a performance in public assembly occupancies having an occupant load greater than 300, a minimum ceiling height of 25 feet and that are protected throughout by an approved, supervised automatic sprinkler system installed in accordance with NFPA 13, as adopted by the Rules and Regulations of the Safety Fire Commissioner. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration of all types of devices being used in the display.

Exception#7: In Group A public assembly occupancies having an occupant load greater than 100 with fixed seating, a minimum ceiling height of 25 feet and that have a minimum of two certified fire fighters on site with proper fire fighting equipment as determined by the local fire official, pyrotechnic special effect devices shall be permitted to be used on stages before proximate audiences for ceremonial or religious purposes, as part of a demonstration in exhibits,or as part of a performance, provided that precautions satisfactory to the authority having jurisdiction are taken to prevent ignition ofany combustible material and use of the pyrotechnic device complies with NFPA 1126, Standard for the Use of Pyrotechnics before a Proximate Audience, as adopted by the Rules and Regulations of the Safety Fire Commissioner. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration shot of all types of devices being used in the display.

Exception#8: In public assembly occupancies having an occupant load greater than 100 with fixed seating, a minimum ceiling height of 25 feet and that have a minimum of two certified fire fighters on site with proper fire fighting equipment as determined by the local fire official, flame effects before an audience shall be permitted in accordance with NFPA 160, Standard for Flame Effects Before an Audience, as adopted by the Rules and Regulations of the Safety Fire Commissioner. The ceiling height may be lowered to a minimum of 15 feet upon approval of the authority having jurisdiction having witnessed a demonstration of all types of devices being used in the display.

(Effective January 1, 2007)

SECTION 310

SMOKING

*Delete paragraph 310.1 in its entirety and substitute in its place the following:

310.1 General. The smoking or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in buildings, structures, or areas, or portions of buildings, structures, or areas, as indicated is this section, or any other section of this Code or in any other code or standard, as adopted the Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2007)

*Add a new Section 316 to read as follows:

SECTION 316

LABORATORIES

316.1 General. Laboratories in which chemicals are used shall comply with NFPA 45, as adopted by the Rules and Regulations of the Safety Fire Commissioner.

Exception: Laboratories in I-2 (healthcare) occupancies and in medical and dental offices, which shall comply with NFPA 99, as adopted by the Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2007)

CHAPTER 4

EMERGENCY PLANNING AND PREPAREDNESS

SECTION 406

EMPLOYEE TRAINING AND RESPONSE PROCEDURES

*Add an exception to paragraph 406.2 to read as follows:

Exception Child care-giver training. A minimum of five hours initial fire safety training and recommendation for receipt of a certificate of merit for successful completion of the training shall be required for all directors, operators and all staff members of day-care centers and group day-care homes. The curriculum for the fire safety training shall receive written approval by the State Fire Marshal's Office and be taught by an instructor registered with the Safety Fire Commissioner's Office. All staff members shall receive this training within 90 days from receipt of a license, being commissioned or the opening of a new center or home. Any new staff member shall receive a minimum of five hours initial fire safety training and recommendation for receipt of a certificate of merit for successful completion of the training within 90 days of employment. In addition, a minimum of two hours fire safety refresher training recommendation for receipt of a certificate of merit for successful completion of the training shall be required for all directors, operators and all staff members of day-care centers and group day-care homes every three years from the date initial training is received. The curriculum for the fire safety refresher training shall receive written approval by the State Fire Marshal's Office and be taught by an instructor registered with the Safety Fire Commissioner's Office.

(Effective January 1, 2007)

SECTION 408

USE AND OCCUPANCY-RELATED REQUIREMENTS

*Add new paragraphs 408.2.3 and 408.2.3.1 to read as follows:

408.2.3 Crowd Managers. Assembly occupancies having occupant loads of 100 or more shall be provided with a minimum of one trained crowd manager or crowd manager supervisor. Where the occupant load exceeds 250, additional trained crowd managers or crowd manager supervisors shall be provided at a ratio of 1:250, crowd manager/supervisor to occupants, respectively, unless otherwise permitted by the following:

1. This requirement shall not apply to assembly occupancies used exclusively for religious worship with an occupant load not exceeding 2000.

2. With the exception of assembly occupancies noted above where alcoholic beverages are consumed, the ratio of trained crowd managers to occupants shall be permitted to be reduced where, in the opinion of the authority having jurisdiction, the existence of an approved, supervised sprinkler system and the nature of the event warrant.

(Effective January 1, 2007)

408.2.3.1 The crowd manager shall receive approved training in crowd management techniques.

(Effective January 1, 2007)

*Revise Section 408.5.5 'Resident participation' to add an exception as follows:

408.5.5 Resident participation.

Exception: Actual exiting from windows shall not be required. Where a drill scenario includes the escape from windows, opening the window and signaling for assistance shall be acceptable.

(Effective January 1, 2007)

CHAPTER 5

FIRE SERVICE FEATURES

SECTION 501

GENERAL

*Add a new paragraph 501.5 to read as follows:

501.5 Where buildings or facilities fall under the jurisdiction of the Georgia Safety Fire Commissioner as set forth in the Official Code of Georgia Annotated (O.C.G.A.), Title 25, Chapter 2, except for State owned facilities, it is intended that the provisions of Chapter 5 that primarily relate to fire department response, access to facilities, access to building interiors, key boxes, premises identification, fire department connection locations, and fire hydrant locations be administered by the local Fire Chief and / or Fire Code Official responsible for providing fire or other emergency response to the buildings or facilities. With regard to State owned facilities, that are not provided with a facility fire department, it is intended that the local Fire Chief and/or Fire Code Official have input in the planning of facilities with regard to the noted provisions covered by Chapter 5.

(Effective January 1, 2007)

SECTION 503

FIRE APPARATUS ACCESS ROADS

*Delete paragraph 503.1.1 in its entirety and substitute in its place the following:

503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction as determined by the local Fire Chief and/or Fire Code Official of the responding fire department or agency. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45.7 m) of all portions of the facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exception: The local Fire Chief and/or Fire Code Official of the responding fire department or agency is authorized to increase the dimension of 150 feet (45.7 m) where:

1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

3. There are not more than two Group R-3 or Group U occupancies.

(Effective January 1, 2007)

SECTION 504

ACCESS TO BUILDING OPENINGS AND ROOFS

*Add a new paragraph 504.1.1 to read as follows:

504.1.1 Access Doors. For fire fighting purposes, there shall be at least one access door in each 100 linear feet (30.5 m) or major fraction thereof of the exterior walls which face the access roadways required by Section 503, unless otherwise required in this code section. In exterior walls designed with continuous rolling dock doors, which face access roadways, there shall be at least one access door in each 200 linear feet (61 m) or fraction thereof. Required access doors shall be a minimum of 3 feet (0.9 m) wide and 6 feet 8 inches (2 m) high and shall be accessible without use of a ladder. Rolling doors are acceptable for such purposes in buildings protected throughout by an approved automatic sprinkler system(s) unless otherwise approved for unsprinklered buildings by the local Fire Chief and/or Fire Code Official.

(Effective January 1, 2007)

SECTION 508

FIRE PROTECTION WATER SUPPLIES

*Delete paragraph 508.5.1 in its entirety and substitute in its place the following:

508.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 500 feet (152 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the local Fire Chief and/or Fire Code Official of the responding fire department or agency.

Exceptions:

1. For group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).

2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).

(Effective January 1, 2007)

CHAPTER 6

BUILDING SERVICES AND SYSTEMS

SECTION 601

GENERAL

*Add a new paragraph 601.3 to read as follows:

601.3 Where reference is made in this Code to the International Electrical Code, it shall be construed as referencing NFPA 70, National Electrical Code (NEC) as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2007)

SECTION 603

FUEL-FIRED APPLIANCES

*Delete paragraph 603.1.4 in its entirety and substitute in its place the following:

603.1.4 Fuel Oil. The grade of fuel oil used in a burner shall be that for which the burner is approved and as stipulated by the manufacturer. The use of crankcase oil or any other oil containing gasoline shall not be used except as permitted in NFPA 31, Standard for the Installation of Oil-Burning Equipment, as adopted by Chapter 120-3-11, Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2007)

*Delete 603.4 in its entirety and substitute in its place the following (603.4.1 remains unchanged):

603.4 Portable heaters. Portable liquefied petroleum gas, or liquid fuel fired space heating devices designed to be portable are prohibited in all portions of occupancies in Groups A, E, I, R-1, R-2, R-3 and R-4.

Exceptions:

1. In emergency conditions, when approved by the authority having jurisdiction, equipment designed to be portable may be used for a specified time provided such equipment is properly protected and separated from combustibles as specified by the manufacturer's instructions and the authority having jurisdiction.

2. Listed and approved unvented fuel-fired heaters in one- and two-family dwellings.

(Effective January 1, 2007)

SECTION 605

ELECTRICAL EQUIPMENT, WIRING AND HAZARDS

*Delete paragraph 605.10 in its entirety and substitute in its place the following (Paragraphs 605.10.1 through 605.10.4 remain unchanged)

(Effective January 1, 2007)

605.10 Portable, electric space heaters. Portable, electric space heaters shall be prohibited in all portions of occupancies in Groups A, E, R-1, R-2, and R-4. Where permitted, portable electric space heaters shall comply with Sections 605.10.1 through 605.10.4.

(Effective January 1, 2007)

*Add a new paragraph 605.11 to read as follows:

605.11 Separation from Transformers. Space separation for transformers shall be as follows:

1. Transformer pad locations shall be a minimum of 10 feet (3 m) from any building, building overhangs, canopies, exterior walls, balconies, exterior stairs and/or walkways connected to the building.

2. Transformer pad edges shall be not less than 14 feet (4.3 m) from any doorway.

3. Transformer pad edges shall be not less than 10 feet (3 m) from any window or other opening.

4. If the building has an overhang, the 10 foot (3 m) clearance shall be measured from a point below the edge of the overhang only if the building is three stories or less. If the building is four stories or more, the 10 foot (3 m) clearance shall be measured from the outside building wall.

5. Fire escapes, outside stairs, and covered walkways attached to or between buildings, shall be considered as part of the building.

Exception # 1:

For (1), transformer pads may be located closer to noncombustible walls than the above required minimum clearances upon written approval of the authority having jurisdiction, however, in no case shall the transformer location be less then 3 feet (0.9 m) from the building.

Exception # 2:

Transformer pads existing prior to December 31, 1994, are exempted from this requirement. When buildings are modified, reductions in space separations may be less than the above required minimum clearances upon written approval of the authority having jurisdiction.

(Effective January 1, 2007)

SECTION 609

COMMERCIAL KITCHEN HOODS

*Delete paragraph 609.1 in its entirety and substitute in its place the following:

609.1 General. Commercial kitchen exhaust hoods and residential cooking appliances in commercial and public buildings shall comply with the requirements of NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2007)

*Delete paragraph 609.2 in its entirety and substitute in its place the following:

609.2 Where required. A commercial hood complying with NFPA 96 shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease laden vapors.

Exception: Except as provided for in the scoping provisions subsection 1.1.4 of NFPA 96.

(Effective January 1, 2007)

CHAPTER 7

FIRE-RESISTANCE-RATED CONSTRUCTION

SECTION 703

FIRE-RESISTANCE-RATED CONSTRUCTION

*Add a new paragraph 703.5to read as follows:

703.5 Barrier Identification. All fire and/or smoke barriers or walls shall be effectively and permanently identified with signs or stenciling above a decorative ceiling and/or in concealed spaces with letters a minimum of 2 inches (51 mm) high on a contrasting background spaced a maximum of 12 feet (3.7 m) on center with a minimum of one per wall or barrier. The hourly rating shall be included on all rated barriers or walls. Suggested wording '(__) Hour Fire and Smoke Barrier-Protect All Openings.'

Exception: Existing stenciling acceptable to the authority having jurisdiction.

(Effective January 1, 2007)

SECTION 704

FLOOR OPENINGS AND SHAFTS

*Delete 704.1 in its entirety and substitute in its place the following:

704.1 Enclosures. The provisions of NFPA 101, Life Safety Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, shall govern the enclosure requirements of vertical shafts, including but not limited to stairways and service and utility shafts. (Refer to Table 102.10, CODES REFERENCE GUIDE)

(Effective January 1, 2007)

*Delete 704.2 in its entirety and substitute in its place the following:

704.2 Opening protectives. The provisions of NFPA 101, Life Safety Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, shall govern the protection of openings in fire rated enclosures and barriers, including the self-closing or automatic closing of opening protectives.

(Effective January 1, 2007)

CHAPTER 8

INTERIOR FINISH, DECORATIVE MATERIALS AND

FURNISHINGS

SECTION 801

GENERAL

*Delete Sections 801 through 804 in their entirety and substitute in their place the following:

SECTION 801 GENERAL, 801.1 Scope. The provisions of NFPA 101, Life Safety Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, shall govern interior finish and interior trim, in proposed (new) and existing buildings. Sections 805, 806, 807, and 808 of this Code shall govern decorative vegetation, decorative materials other than decorative vegetation, and furniture and furnishings in proposed (new) and existing buildings. (Refer to Table 102.10, CODES REFERENCE GUIDE)

(Effective January 1, 2007)

CHAPTER 9

FIRE PROTECTION SYSTEMS

SECTION 901

GENERAL

*Delete paragraph 901.4.2 in its entirety and substitute in its place the following:

901.4.2 Provisions in excess of the minimum Code requirements shall, as a minimum, be installed to meet the provisions of the currently adopted code(s) and/or standard(s) which may be applicable to the provision at the time of its installation. Any non-required fire protection system which is added onto, or interconnected with, any required fire protection system (of a similar type), shall be designed, installed, and maintained in accordance with the provisions of the currently adopted code(s) and/or standard(s) which may be applicable to the provision at the time of its installation.

Exceptions:

1. Other installations not conforming with the provisions of the currently adopted code(s) and/or standard(s) applicable to the provision at the time of its installation if such installations are reported and filed with the local responding fire department and the authority having jurisdiction. In addition, such systems shall be identified as required by the authority having jurisdiction.

2. Non-required systems designed, reviewed, installed and approved in accordance with local codes and/or ordinances.

(Effective January 1, 2007)

*Add a new paragraph 901.6.3 to read as follows:

901.6.3 Automatic sprinkler systems, standpipe systems, and other water based fire extinguishing systems, including fire pumps, required or installed, shall be maintained in accordance with NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner. A certificate of inspection, as specified by NFPA Standard 25, shall be retained on file at the facility and shall be made available to the Fire Code Official upon request for review for a period of at least three years.

(Effective January 1, 2007)

*Delete paragraph 901.7.2 and substitute in its place the following:

Tag Required.

(a) A tag shall be used to indicate that a system, or portion thereof, has been removed from service.

(b) For water based fire protection systems the tagging provisions of NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner shall apply.

(Effective January 1, 2007)

SECTION 903

AUTOMATIC SPRINKLER SYSTEMS

*Delete paragraph 903.2 in its entirety and substitute in its place the following:

903.2 Where required. (a) Approved automatic sprinkler systems for proposed (new) and existing buildings and structures shall be installed as required by the applicable provisions of NFPA 101, Life Safety Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner, provided, however, the International Building Code shall govern the requirements for sprinkler protection that is related to minimum building construction types. In addition, automatic sprinkler systems may be required by other NFPA standards adopted by Chapter 120-3-3 Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 102.10, CODES REFERENCE GUIDE).

Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with a supervised automatic fire alarm system, and are separated from the remainder of the building by fire barriers consisting of walls and floor / ceiling assemblies having a fire resistance rating of not less than 2-hours.

Note: NFPA 76, Recommended Practice for the Fire Protection of Telecommunications Facilities, should be consulted. Refer to the edition adopted as a recommended practice by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2007)

*Add a new paragraph 903.2.1 to read as follows:

903.2.1 Basic design and installation requirements. The requirements for the installation, design, and testing of automatic sprinkler systems shall be, as applicable by, NFPA 13, Standard for the Installation of Sprinkler Systems, NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, or NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, as adopted and modified by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2007)

SECTION 904

ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING

SYSTEMS

• Delete paragraph 904.2.1 in its entirety and substitute in its place the following:

904.2.1 Commercial hood and duct systems. Each required commercial kitchen exhaust hood and duct system required by Section 610 to have a commercial hood complying with NFPA 96 shall be protected with an approved automatic fire-extinguishing system installed in accordance with this code.

(Effective January 1, 2007)

*Delete paragraph 904.11 in its entirety and substitute in its place the following paragraphs:

904.11 Fire Protection for Cooking Operations.

904.11.1 The requirements for, as well as the design, installation, protection, and maintenance of cooking equipment, shall be as required by NFPA 101, Life Safety Code and NFPA 96, Standard for the Ventilation Control and Fire Protection of Commercial Cooking Operations, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 102.10, CODES REFERENCE GUIDE)

(Effective January 1, 2007)

904.11.2 Fire suppression systems approved for the protection of commercial cooking equipment shall be designed, installed, tested, and maintained in accordance with the applicable standards adopted in Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2007)

SECTION 905

STANDPIPE SYSTEMS

*Delete paragraph 905.1 in its entirety and substitute in its place the following:

905.1 General. The State's minimum requirements for standpipe systems shall be as required by the Code and the International Building Code. Standpipe systems shall be designed, installed and tested in accordance with NFPA Standard 14, Standard for the Installation of Standpipe, Private Hydrant, and Hose Systems, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 102.10, CODES REFERENCE GUIDE)

(Effective January 1, 2007)

SECTION 906

PORTABLE FIRE EXTINGUISHERS

*Delete paragraph 906.1 in its entirety and substitute in its place the following:

906.1 Portable Fire Extinguishers - General. Portable fire extinguishers shall be installed in all buildings, structures, and facilities falling under this Code and O.C.G.A. 25-2. For any other building, structure, facility, condition or special hazard, portable fire extinguishers shall be provided as may be required by this Code in Table 906.1,or by various codes and standards adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 102.10, CODES REFERENCE GUIDE)

(Effective January 1, 2007)

*Delete paragraph 906.2 in its entirety and substitute in its place the following:

906.2 General requirements. The selection, distribution, installation, and maintenance of portable fire extinguishers that are required or installed shall be in accordance with NFPA Standard 10, Standard for Portable Fire Extinguishers, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner.

Exceptions:

1. The maximum travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 assembly occupancies.

2. Thirty-day inspections shall not be required and maintenance shall be allowed to be once every three years for dry-chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device, provided that all of the following conditions are met:

2.1. Electronic monitoring shall confirm that extinguishers are properly positioned, properly charged and unobstructed.

2.2. Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal.

2.3. The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment.

2.4. Electronic monitoring devices and supervisory circuits shall be tested every three years when extinguisher maintenance is performed.

2.5. A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to ensure that hydrostatic tests are conducted at the frequency required by NFPA 10.

3. In Group E occupancies, in lieu of locating fire extinguishers in corridors and normal paths of travel as specified in NFPA 10, Standard for Portable Fire Extinguishers, fire extinguishers may be located in rooms that open directly onto such corridors and pathways provided all of the following are met:

(a) The room in which such extinguishers are placed are located in close proximity to that portion of the corridor where a fire extinguisher would otherwise be placed in accordance with NFPA 10, Standard for Portable Fire Extinguishers;

(b) A sign which states in white letters at least one inch in height on a red background, 'FIRE EXTINGUISHER LOCATED IN THIS ROOM,' is placed on the corridor wall immediately adjacent to the entrance way of each such room so that it can be clearly seen at all times;

(c) The rooms in which such extinguishers are placed shall be constantly supervised during school hours; and

(d) Those rooms cannot be subject to being locked at any time the building is occupied.

(Effective January 1, 2007)

*Delete paragraph 906.9 in its entirety and substitute in its place the following:

906.9 Height above floor. Portable fire extinguishers having a gross weight not exceeding 40 pounds (18 kg) shall be installed so that its top is not more than 54 inches and not less than 48inches above the floor. Hand-held portable fire extinguishers having a gross weight exceeding 40 pounds (18 kg) shall be installed so that its top is not more than 3.5 feet (1067 mm) above the floor. The clearance between the floor and the bottom of installed hand-held extinguishers shall not be less than 4 inches (102 mm).

(Effective January 1, 2007)

SECTION 907

FIRE ALARM AND DETECTION SYSTEMS

*Delete paragraph 907.1 in its entirety and substitute in its place the following, while retaining existing subsections:

907.1 Fire Alarm Systems - General. The State's minimum requirements for fire alarm systems shall be as required by NFPA 101, Life SafetyCode. Fire alarm systems shall be designed, installed, tested, and maintained in accordance with NFPA Standard 72, National Fire Alarm Code, as adopted by Chapter 120-3-3, Rules and Regulations of the Safety Fire Commissioner. (Refer toTable 102.10, CODES REFERENCE GUIDE)

(Effective January 1, 2007)

*Delete paragraphs 907.2 through 907.16 in their entirety and without substitution.

SECTION 909

SMOKE CONTROL SYSTEMS

• Delete 909.1 in its entirety and substitute in its place the following:

909.1 Scope and purpose. This section applies to mechanical or passive smoke control systems when they are required for proposed (new) buildings or portions thereof by provisions of the Life Safety Code (LSC) or this Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner, or by provisions of the International Building Code (IBC), as adopted by the Department of Community Affairs.The purpose of this section is to establish minimum requirements for the design, installation, and acceptance testing of smoke control systems that are intended to provide a tenable environment for the evacuation or relocation of occupants. These provisions are not intended for the preservation of contents, the timely restoration of operations, or for assistance in fire suppression or overhaul activities. Smoke control systems regulated by this section serve a different purpose than the smoke- and heat- venting provisions found in Section 910. Mechanical smoke control systems shall not be considered exhaust systems under Chapter 5 of the International Mechanical Code (IMC).

(Effective January 1, 2007)

*Delete paragraph 909.2 in its entirety and substitute in its place the following:

909.2 General design requirements. Buildings, structures, or portions thereof required by provisions of the Life Safety Code (LSC) or this Code, as adopted by the Rules and Regulations of the Safety Fire Commissioner, or by provisions of the International Building Code, as adopted by the Department of Community Affairs, to have a smoke control system or systems shall have such systems designed in accordance with the applicable requirements of Section 909 of this Code and the generally accepted and well established principles of engineering relevant to the design. The construction documents shall include sufficient information and detail to describe adequately the elements of the design necessary for the proper implementation of the smoke control systems. These documents shall be accompanied with sufficient information and analysis to demonstrate compliance with these provisions.

(Effective January 1, 2007)

*Add a new paragraph 909.2.1 to read as follows:

909.2.1 Smoke Control. For the purposes of 909.2 the following publications shall be considered as providing the generally accepted and well established principles of engineering relevant to design of required smoke control systems to demonstrate compliance with these provisions.

(1) NFPA 92A, Standard for Smoke Control Systems Utilizing Barriers and Pressure Differences

(2) NFPA 92B, Standard for Smoke Management Systems in Malls, Atria, and Large Areas

(3) NFPA SPP-53, Smoke Control in Fire Safety Design

(4) ASHRAE/SFPE, Design of Smoke Management Systems

(5) ASHRAE, Guideline 5: Guideline for Commissioning Smoke Management Systems"

(6) NFPA 101, Life Safety Code (For non-mandatory guidance involving systems for existing detention and correction facilities refer to A.23.3.1.3 of the 2000 Edition)

(Effective January 1, 2007)

SECTION 914

FIRE PROTECTION BASED ON SPECIAL DETAILED

REQUIREMENTS OF USE AND OCCUPANCY

*Insert a new paragraph 914.7.3 to read as follows:

914.7.3 Limited Use Special Amusement Buildings: Special amusement buildings not open to the public in excess of 45 days shall be permitted, provided all of the following conditions are met:

1. Portable fire extinguishers with a minimum of a 2A:10B:C rating are placed at each activity or viewing station;

2. A smoke detection system is placed throughout the facility with a detector located at each activity or viewing station and located throughout corridors and halls not to exceed a spacing more than 15 feet (4.6 m) from a wall or more than 30 feet (9.1 m) on center;

3. Emergency lighting shall be provided which will cause illumination of the means of egress upon activation of the fire alarm, any required smoke detector, or upon loss of power;

4. Personnel dedicated for the sole purpose of providing a fire watch shall be stationed at each activity or viewing station. Such personnel shall be provided with a direct communication device for communication with all other stations throughout the facility. In addition such personnel shall be provided with appropriate training for the operation of portable fire extinguishing equipment;

5. Communication to the responding fire department of emergency dispatch center is available from the facility;

6. The facility shall be posted prohibiting smoking with smoking receptacles located a minimum of 15 feet (9.1 m) from the structure;

7. A fire tour is conducted throughout the structure every hour and documentation of the time the tour was conducted including the name of personnel conducting the fire tour is maintained. Such documentation shall be readily available to the code official upon request.

(Effective January 1, 2007)

CHAPTER 10

MEANS OF EGRESS

SECTION 1001

GENERAL

*Delete Sections 1001 through 1027 in their entirety and substitute in their place the following:

1001.1 General. Proposed (new) and existing buildings or portions thereof shall be provided with means of egress and related safeguards as set forth by NFPA 101, Life Safety Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner. (Refer to Table 102.10, CODES REFERENCE GUIDE)

(Effective January 1, 2007)

*Add the following paragraph 1001.2 to read as follows:

1001.2 Overcrowding and Life Safety Hazard Prevention. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. It is the responsibility of the manager and the person in charge of a building, structure, or portion thereof not to allow an overcrowded condition or any condition which constitutes a life safety hazard to exist, and to take prompt action to remedy an overcrowded condition or life safety hazard when evidence of such a condition is noted, or when advised or ordered by the Fire Code Official or his/her representative. (Refer to Section 202 and to 107.6)

(Effective January 1, 2007)

*Delete paragraph 1028.1 in its entirety and substitute in its place the following:

1028.1 General. The means of egress and related safeguards for buildings and structures or portions thereof shall be maintained in accordance with this section and with the provisions of NFPA 101, Life Safety Code, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner.

(Effective January 1, 2007)

*Delete paragraph 1028.4 in its entirety and substitute in its place the following:

1028.4 Exit signs, emergency lighting, and emergency power systems. Exit signs shall be properly maintained and shall be operable when a building or structure is occupied. Emergency lighting and emergency power for exit signs shall be maintained so as to be in a state of operational readiness at any time a building or structure is occupied. Emergency generators and power systems shall be tested and maintained as set forth by 604.3 of this Code.

(Effective January 1, 2007)

CHAPTER 11

AVIATION FACILITIES

SECTION 1103

GENERAL PRECAUTIONS

*Delete paragraph 1103.5 in its entirety and substitute in its place the following:

1103.5 Dispensing of flammable and combustible liquids. No dispensing, transfer or storage of flammable or combustible liquids shall be permitted inside any building or structure.

Exceptions:

1. As provided in Chapter 34 of this Code, provided the provisions are not less protective than the provisions of any applicable codes and standards adopted by the Rules and Regulations of the Safety Fire Commissioner.

2. When the procedures used follow the guidelines and requirements set forth in NFPA 410, Standard for Aircraft Maintenance.

(Effective January 1, 2007)

SECTION 1106

AIRCRAFT FUELING

*Delete paragraphs 1106.1 through 1106.21.1 in their entirety and substitute in their place a new paragraph 1106.1 to read as follows:

1106.1 Aircraft motor vehicle fuel-dispensing stations and Airport Fuel Systems. All aircraft motor vehicle fuel-dispensing stations and airport fuel systems shall be in accordance with Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Flammable and Combustible Liquids.'

(Effective January 1, 2007)

SECTION 1107

HELISTOPS AND HELIPORTS

*Delete paragraph 1107.1 in its entirety and substitute in its place the following:

1107.1 General. Helistops and heliports shall be maintained in accordance with Section 1107. Helistops and heliports on buildings or structures shall be constructed in accordance with the IBC and the requirements set forth by NFPA 418, Standard for Heliports.

(Effective January 1, 2007)

CHAPTER 22

MOTOR FUEL-DISPENSING FACILITIES AND REPAIR

GARAGES

SECTION 2201

GENERAL

*Delete paragraphs 2201.1 through 2201.6 in their entirety and substitute in their place a new paragraph 2201.1 to read as follows:

2201.1 Scope. Automotive motor fuel-dispensing facilities, marine motor fuel-dispensing facilities, fleet vehicle motor fuel-dispensing facilities and repair garages shall be in accordance with Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Flammable and Combustible Liquids'.

Exception: This chapter shall apply to hydrogen motor fuel-dispensing and generation facilities as specified in section 2209 and repair garages where referenced by subsection 406.6, entitled, 'Repair Garages,' of the International Building Code.

(Effective January 1, 2007)

SECTION 2203

LOCATION OF DISPENSING DEVICES

*Delete sections 2203 through 2208 and all other paragraphs there under and Section 2210 all other paragraphs there under in their entirety without substitution.

(Effective January 1, 2007)

CHAPTER 27

HAZARDOUS MATERIALS-GENERAL PROVISIONS

SECTION 2701

GENERAL

*Add two new exceptions to paragraph 2701.1 to read as follows:

Exception #1.

Storage, transportation, use, dispensing, mixing and handling of Flammable and Combustible Liquids as outlined in Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Flammable and Combustible Liquids.'

Exception #2.

Storage, handling, and transportation of liquefied petroleum gas (LP-Gas) and the installation of LP-gas equipment pertinent to systems for such use as outlined Chapter 120-3-16 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Liquefied Petroleum Gases.'

(Effective January 1, 2007)

SECTION 2703

GENERAL REQUIREMENTS

*In Table 2703.11.1, add superscript "k" to Oxidizers in the Material column and add the following footnote "k" to read as follows:

k. Group M occupancies with Class 2 and Class 3 oxidizers exceeding these quantities shall include fire protection in accordance with NFPA 430, Section 7-4.

(Effective January 1, 2007)

CHAPTER 33

EXPLOSIVES AND FIREWORKS

SECTION 3301

GENERAL

*Delete Sections 3301 through 3307 and all related paragraphs there under in their entirety and substitute in their place the following:

3301. Explosives and blasting. The provisions of Chapter 120-3-10 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Explosives and Blasting Agents' shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials and small arms ammunitions.

(Effective January 1, 2007)

SECTION 3308

FIREWORKS DISPLAY

*Delete paragraph 3308.1 in its entirety and substitute in its place the following:

3308.1 GENERAL PROVISIONS. In addition to the requirements of this Section for the display of fireworks the provisions of O.C.G.A. Title 25, Chapter 2, and Chapter 120-3-22, Rules and Regulations of the Safety Fire Commissioner, shall apply. Where there may be a conflict between a provision of this Section and a provision of the above referenced law or regulation, the provision of the above referenced law or regulation shall apply. Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for the signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for the use by military organizations.

(Effective January 1, 2007)

*Delete paragraph 3308.11 in its entirety and substitute in its place the following:

3308.11 Retail display and sale. (a) Fireworks as defined in the Official Code of Georgia (O.C.G.A.) Title 25, Chapter 10 in 25-10-1 (a)(1) shall not be made available for sale at retail or wholesale, except as provided in O.C.G.A. 25-10. (b) Non-explosive sparkling devices as defined in O.C.G.A. 25-10-1(b) are permitted for retail sales to the public, provided, however, it is unlawful for any such devices to be sold to any person under 18 years of age (O.C.G.A. 25-10-2(b)(1). In addition, it is unlawful to sell such items to any person by any means other than an in-person, face-to-face sale. Further, such person shall provide proper identification to the seller at the time of such purchase. The term 'proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes without being limited to, a passport, military identification card, driver's license, or an identification card authorized under O.C.G.A. Sections 40-5-100 through 40-5-104. (c) In areas where devices are stored or displayed for retail sales, at least one pressurized-water type portable fire extinguisher complying with NFPA 10, as adopted by Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner shall be located not more than 20 feet and not closer than 15 feet from the storage or display location. In addition,"NO SMOKING" signs complying with Section 310 shall be conspicuously posted in areas of such storage or display, unless in a building where smoking is clearly marked as prohibited.

(Effective January 1, 2007)

CHAPTER 34

FLAMMABLE AND COMBUSTIBLE LIQUIDS

SECTION 3401

GENERAL

*Add a new nonapplicability paragraph number 10 to paragraph 3401.2 to read as follows:

10. The storage, transportation, use, dispensing, mixing and handling of Flammable and Combustible Liquids as outlined in Chapter 120-3-11 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Flammable and Combustible Liquids.'

(Effective January 1, 2007)

CHAPTER 38

LIQUEFIED PETROLEUM GASES

*Delete Sections 3801 through 3811 and all related paragraphs there under in their entirety and substitute in their place a new Section 3801 to read as follows:

SECTION 3801

GENERAL

3801.1 Scope. Storage, handling and transportation of liquefied petroleum gas (LP-gas) shall comply with NFPA 58. Properties of LP-gases shall be determined in accordance with Appendix B of NFPA 58. The design and construction of propane, butane, propylene, butylenes and other liquefied petroleum gas-distribution facilities shall conform to the applicable provisions of Sections 415.6.3.1 through 415.6.3.5.2 of the International Building Code. The design and installation of piping, equipment and systems that utilize liquefied petroleum gas shall be in accordance with Chapter 120-3-16 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules and Regulations for Liquefied Petroleum Gases.' Liquefied petroleum gas-distribution facilities shall be ventilated in accordance with the International Mechanical Code and Section 415.6.3.1. (Refer to Table 102.10, CODES REFERENCE GUIDE).

(Effective January 1, 2007)

CHAPTER 45

REFERENCED STANDARDS

Replace the ICC EC - 06 ICC Electrical Code reference with the Georgia State Minimum Standard Electrical Code (National Electrical Code). The following are the section numbers where such references exist:

603.1.3, 603.1.7, 603.5.2, 604.2.16.1, 604.2.16.2, 605.1, 605.3, 605.4, 605.9, 606.16, 904.3.1, 907.6, 909.11, 909.12.1, 909.16.3, 1106.3.4, 1204.2.3, Table 1304.1, 1404.7, 1503.2.1, 1503.2.1.1, 1503.2.1.4, 1503.2.5, 1504.6.1.2.2, 1504.9.4, 1604.5, 1703.2.1, 1803.7.1, 1803.7.2, 1803.7.3, 1903.4, 2004.1, 2201.5, 2205.4, 2208.8.1.2.4, 2209.2.3, 2211.3.1, 2211.8.1.2.4, 2403.12.6.1, 2404.15.7, 2606.4, 2703.7.3, 2703.8.7.1, 2703.9.4, 2704.7, 2705.1.5, 3003.7.6, 3003.8, 3003.16.11, 3003.16.14, 3203.7, 3203.7.2, 3403.1, Table 3403.1.1, 3403.1.3, 3404.2.8.12, 3404.2.8.17, 3406.2.8, 3503.1.5, 3503.1.5.1, 3606.5.5, 3606.5.6, 3704.2.2.8.

(Effective January 1, 2007)

Replace the NFPA Standard Reference numbers with the year edition with the same NFPA Standard Reference numbers and titles, however; each year edition shall be those as adopted by the Rules and Regulations of the Georgia Safety Fire Commissioner, Chapters 102-3-3, 120-3-10, 120-3-11 and 120-3-12. The following are the Standard Reference numbers and the section numbers where such references exist:

(Effective January 1, 2007)

National Fire Protection Association

Batterymarch Park

NFPA Quincy, MA 02269

Standard reference number

Title

Referenced in code section number

10

Portable Fire Extinguishers. . . . . . . . .. ..

Table 901.6.1, 906.2, 906.3, Table 906.3(1), Table 906.3(2), 2106.3

11

Low-, Medium-, High-expansion Foam ... . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . ...

904.7, 3404.2.9.1.2

11A

Medium- and High-expansion Foam Systems . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . ..

904.7, 3404.2.9.1.2

12

Carbon Dioxide Extinguishing Systems.. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ..

Table 901.6.1, 904.8, 904.11

12A

Halon 1301 Fire Extinguishing Systems .. . . . . . . . . . . . . . . . . . .................. . . . . . ..

Table 901.6.1, 904.9

13

Installation of Sprinkler Systems:...

Table 704.1, 903.3.1.1, 903.3.2, 903.3.5.1.1, 903.3.5.2, 904.11, 905.3.4, 907.9, 2301.1, 2304.2, Table 2306.2, 2306.9, 2307.2, 2307.2.1, 2308.2.2, 2308.2.2.1, 2310.1, 2501.1, 2804.1, 2806.5.7, 3404.3.3.9, Table 3404.3.6.3(7), 3404.3.7.5.1, 3404.3.8.4

13D

Installation of Sprinkler Systems in One- and Two-family Dwellings and Manufactured Homes. 903.3.1.3, ...................................................................................

903.3.5.1.1

13R

Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height......................................................................

..903.3.1.2, 903.3.5.1.1, 903.3.5.1.2, 903.4

14

Installation of Standpipe and Hose Systems . . . . . . . . . .. . . . . . . . . . . . . . . . ..

905.2, 905.3.4, 905.4.2, 905.8

15

Water Spray Fixed Systems for Fire Protection . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . .

3404.2.9.1.3

16

Installation of Foam-water Sprinkler and Foam-water Spray Systems . . . . . ... . . . . . . . . . . . ...

904.7, 904.11

17

Dry Chemical Extinguishing Systems . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ..

Table 901.6.1, 904.6, 904.11

17A

Wet Chemical Extinguishing Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Table 901.6.1, 904.5, 904.11

20

Installation of Stationary Pumps for Fire Protection . . . ... . . . . . . . . . . . . . . . . . . . . . ..

913.1, 913.2, 913.5.1

22

Water Tanks for Private Fire Protection . . . . . . . . . . . . . . . ............................................... ...

508.2.2

24

Installation of Private Fire Service Mains and their Appurtenances . . . . . . . ... . . . . . . . . . . . ..

508.2.1, 909.5

25

Inspection, Testing and Maintenance of Water-based Fire Protection Systems . . . ..

508.5.3, Table 901.6.1, 904.7.1, 912.6, 913.5

30

Flammable and Combustible Liquids Code. .............

403.6.2, 3403.6.2.1, 3404.2.7, 3404.2.7.1, 3404.2.7.2, 3404.2.7.3.6, 3404.2.7.4, 3404.2.7.6, 3404.2.7.7, 3404.2.7.8, 3404.2.7.9, 3404.2.9.2, 3404.2.9.3, 3404.2.9.5.1.1, 3404.2.9.5.1.2, 3404.2.9.5.1.3, 3404.2.9.5.1.4, 3404.2.9.5.1.5, 3404.2.9.5.2, 3404.2.9.6.4, 3404.2.10.2, 3404.2.11.4, 3404.2.11.5.2, 3404.2.12.1, 3404.3.1, 3404.3.6, 3404.3.7.2.3, 3404.3.7.5.1, 3404.3.8.4, 3406.8.3

30A

Code for Motor Fuel-dispensing Facilities and Repair Garages . ..

2201.4, 2201.5, 2201.6, 2206.6.3, 2210.1

30B

Manufacture and Storage of Aerosol Products. . . . .

2801.1, 2803.1, 2804.1, Table 2804.3.1, Table 2804.3.2, Table 2804.3.2.2, 2804.4.1, 2804.5.2, 2804.6, Table 2806.2, 2806.2.3, 2806.3.2, Table 2806.4, 2806.5.1, 806.5.6, 2807.1

31

Installation of Oil-burning Equipment . . . . . . . . . . . . . .. . . . .....

603.1.7, 603.3.1, 603.3.3

32

Dry Cleaning Plants . . . . . . . . . . . . . . . . . ..

1207.1, 1207.3

33

Spray Application Using Flammable or Combustible Materials . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .

1504.3.2

34

Dipping and Coating Processes Using Flammable or Combustible Liquids . . . . . .... .. ...

1505.3, 1505.4.1.1

35

Manufacture of Organic Coatings . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

2001.3, 2005.4

40

Storage and Handling of Cellulose Nitrate Film. .. . . ..

306.2

51

Design and Installation of Oxygen-fuel Gas Systems for Welding, Cutting and Allied Processes ...

2601.5, 2607.1, 2609.1

51A

Acetylene Cylinder Charging Plants . . . . . . . . . . . . ..

2608.1

52

Compressed Natural Gas (CNG) Vehicular Fuel System Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3001.1

55

Standard for the Storage, Use and Handling of Compressed Gases and Cryogenic Fluids in Portable and Stationery Containers Cylinders and Tanks................................. .......

2209.2.1, 3201.1, 3501.1, 4001.1

57

Liquefied Natural Gas (LNG) Vehicular Fuel System Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3001.1

58

Liquefied Petroleum Gas Code . .. . . . . . ...............

3801.1, 3803.1, 3803.2.1, 3803.2.1.2, 3803.2.1.7, 3803.2.2, 3804.1, 3804.3.1, 3804.4, 3806.2, 3806.3, 3807.2, 3808.1, 3808.2, 3809.11.2, 3811.3

59A

Production, Storage and Handling of Liquefied Natural Gas (LNG) . . . . . . . . .... . . . . . . ...

3001.1, 3201.1

61

Prevention of Fires and Dust Explosions in Agricultural and Food Products Facilities . . .. . . ..

Table 1304.1

69

Explosion Prevention Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ..

911.1, 911.3, Table 1304.1

72

National Fire Alarm Code.........................................

509.1, Table 901.6.1, 903.4.1, 904.3.5, 907.2, 907.2.1.1, 907.2.10, 907.2.10.4, 907.2.11.2, 907.2.11.3, 907.2.12.2.3, 907.2.12.3, 907.3, 907.5, 907.6, 907.10.2, 907.11, 907.15, 907.17, 907.18, 907.20, 907.20.2, 907.20.5

80

Fire Doors and Fire Windows . .. . . . . . . . .

703.2, 1008.1.3.3

85

Boiler and Combustion System Hazards Code . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .

Table 1304.1

86

Ovens and Furnaces . . . . . . . . . . . . . . . . . . . . . . . . . ..

2101.1

92B

Smoke Management Systems in Malls, Atria and Large Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

909.8

99

Health Care Facilities . . .......... . . . . . . . . . . . . . . . ..

3006.4

101

Life Safety Code. . . . . . . . . . . . . . . . . . . . . . . . . . ...

1025.6.2

110

Emergency and Standby Power Systems . . . . . . .. . . . . . . . . . . . . . . . ..

604.1, 604.3, 604.4, 913.5.2, 913.5.3

111

Stored Electrical Energy Emergency and Standby Power Systems. ............................

604.1, 604.3, 604.4

120

Coal Preparation Plants . . . . . . . . . . . . . . . . ..

Table 1304.1

160

Flame Effects Before an Audience......... . . . . . . . ..

308.3.6

211

Chimneys, Fireplaces, Vents and Solid Fuel-Burning Appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

603.2

230

Fire Protection of Storage..... . . . . . . . . . . . . . . . . . . . . . . . . . ......

2301.1, 2308.4, 2310.1, 2501.1, 3404.3.3.9

241

Safeguarding Construction, Alteration, and Demolition Operations . . . . . . . . . . . . . . . . . . . . . . . . . . .

1401.1

260

Methods of Tests and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture..... . . . .... . . . . . . . ....... . . . . . . . . . . ..

805.1.1.1, 805.2.1.1, 805.3.1.1

261

Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes............................... . ..

805.2.1.1, 805.3.1.1

265

Method of Fire Tests for Evaluating Room Fire Growth Contribution of Textile Wall Coverings in Full Height Panels and Walls . . . . . . . . . . . . .. . . ..

803.5.1, 803.5.1.1, 803.5.1.2

286

Standard Method of Fire Tests for Evaluating Contribution of Wall and Ceiling Interior Finish to Room Fire Growth . .......................................... . . ..

803.1, 803.1.2, 803.1.2.1, 803.5.1

303

Fire Protection Standard for Marinas and Boatyards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

905.3.7

385

Tank Vehicles for Flammable and Combustible Liquids.... ................... . ..

3406.5.4.5, 3406.6, 3406.6.1

407

Aircraft Fuel Servicing .. . . . . . . . . . . . . . . ..

1106.2, 1106.3

409

Aircraft Hangars . . . . . . . . . . . . . . . . . . ..

914.8.2, 914.8.5

430

Storage of Liquid and Solid Oxidizers. . . . . . . . . ..

4004.1.4

484

Combustible Metals, Metal Powders, and Metal Dusts . . . . . . . . . . ... . . . . . . . . . . . . . . . . . ..

Table 1304.1

490

Storage of Ammonium Nitrate . . . . . .. . . . . . . . ..

3301.1.5

495

Explosive Materials Code . . . ...............................

911.1, 911.4, 3301.1.1, 3301.1.5, 3302.1, 3304.2, 3304.6.2, 3304.6.3, 3304.7.1, 3305.1, 3306.1, 3306.5.2.1, 3306.5.2.3, 3307.1, 3307.9, 3307.11, 3307.15

498

Safe Havens and Interchange Lots for Vehicles Transporting Explosives. . . . . . . . . . . . . . . . . . . . . .

3301.1.2

505

Powered Industrial Trucks, Including Type Designations, Areas of Use, Maintenance, and Operation ........................................................................

2703.7.3

654

Prevention of Fire and Dust Explosions from the Manufacturing, Processing and Handling of Combustible Particulate Solids . ........................ . . . . . . . . . . . . . ..

Table 1304.1

655

Prevention of Sulfur Fires and Explosions .. . ..

Table 1304.1

664

Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities. ........

Table 1304.1, 1905.3

701

Methods of Fire Tests for Flame-propagation of Textiles and Films ..............

806.2, 807.1, 807.1.2, 807.2, 807.4.2.2, 1703.5

703

Fire Retardant Impregnated Wood and Fire Retardant Coatings for Building Materials . . . . . . . . . . ..

803.4

704

Identification of the Hazards of Materials for Emergency Response . . . ............................

606.7, 1802.1, 2404.2, 2703.2.2.1, 2703.2.2.2, 2703.5, 2703.10.2, 2705.1.10, 2705.2.1.1, 2705.4.4, 3203.4.1, 3404.2.3.2

750

Water Mist Fire Protection Systems . . . . . . . .

Table 901.6.1

1122

Model Rocketry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

3301.1.4

1123

Fireworks Display . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

3302.1, 3304.2, 3308.1, 3308.2.2, 3308.5, 3308.6

1124

Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles...3302.1, .........................................

3304.2, 3305.1, 3305.3, 3305.4, 3305.5

1125

Manufacture of Model Rocket and High Power Rocket Motors . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3301.1.4

1126

Use of Pyrotechnics Before a Proximate Audience . . .. ..

3304.2, 3305.1, 3308.1, 3308.2.2, 3308.4, 3308.5

1127

High Power Rocketry . . . . . . . . . . . . . . . . . . . . ..

3301.1.4

2001

Clean Agent Fire Extinguishing Systems . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Table 901.6.1, 904.10

End of Amendments.

GEORGIA STATE MINIMUM STANDARD PLUMBING CODE

(INTERNATIONAL PLUMBING CODE WITH GEORGIA STATE AMENDMENTS)

The International Plumbing Code, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments, shall constitute the official Georgia State Minimum Standard Plumbing Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of plumbing equipment.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILERS/WATER HEATERS AND

PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

*Revise the International Plumbing Code, 2006 Edition, as follows:

CHAPTER 1

ADMINISTRATION

*Delete Chapter 1 'Administration' without substitution. Chapter 1 to remain in the Code as a reference and guide for local governments in development of their own Administrative Procedures.

(Effective January 1, 2007)

CHAPTER 2

DEFINITIONS

SECTION 202

GENERAL DEFINITIONS

*Revise definition of 'Branch Vent' to read as follows:

BRANCH VENT. A vent connecting two or more individual vents with a vent stack, stack vent or terminating in the open air.

(Effective January 1, 2007)

CHAPTER 3

GENERAL REGULATIONS

SECTION 300

GENERAL APPLICABILITY STANDARDS

*Add new Section 300 'General Applicability Standards' as follows:

300.1 Scope. The provisions of this code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within the state of Georgia. This code shall also regulate nonflammable medical gas, inhalation anesthetic, vacuum piping, nonmedical oxygen systems and sanitary and condensate vacuum collection systems. The installation of fuel gas distribution piping and equipment, fuel-gas-fired water heaters and water heater venting systems shall be regulated by the InternationalFuel Gas Code.

300.2 Appendices. Appendices are not enforceable unless they are specifically referenced in the body of the code oradopted by the Department of Community Affairs or the authority having jurisdiction.

300.3 Intent. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of plumbing equipment and systems.

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

300.5 General. The provisions of this code shall apply to all matters affecting or relating to structures, as set forth in Section 300. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

300.6 Maintenance. All plumbing systems, materials and appurtenances, both existing and new, and all parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. All devices or safeguards required by this code shall be maintained in compliance with the code edition under which they were installed. The owner or the owner's designated agent shall be responsible for maintenance of plumbing systems. To determine compliance with this provision, the code official shall have the authority to require any plumbing system to be reinspected.

300.7 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements have been reconditioned, tested, placed in good and proper working condition and approved.

(Effective January 1, 2007)

SECTION 304

RODENTPROOFING

*Revise Section 304.4 'Openings for pipes' to read as follows:

304.4 Openings for pipes. In or on structures where openings have been made in walls, floors or ceilings for the passage of pipes, such openings shall be sealed through the use of metal collars or other approved methods.

(Effective January 1, 2007)

SECTION 305

PROTECTION OF PIPES AND PLUMBING SYSTEM

COMPONENTS

*Revise Section 305.6.1 'Sewer depth' to read as follows:

305.6.1 Sewer depth. Building sewers shall be a minimum of 6 inches (152.4 mm) below grade.

(Effective January 1, 2007)

SECTION 306

TRENCHING, EXCAVATION AND BACKFILL

*Revise Section 306.3 'Backfilling' to read as follows:

306.3 Backfilling. Loose earth free from rocks, broken concrete, frozen chunks and other rubble, shall be placed in the trench in 6-inch (152.4 mm) layers and tamped in place until the crown of the pipe is covered by a minimum of 6 inches (152.4 mm) of tamped earth. The backfill under and beside the pipe shall be compacted for pipe support. Backfill shall be brought up evenly on both sides of the pipe so that the pipe remains aligned. In instances where the manufacturer's installation instructions for materials are more restrictive than those prescribed by the code, the material shall be installed in accordance with the more restrictive requirement.

(Effective January 1, 2007)

*Add new Section 306.5 'Open trenches' as follows:

306.5 Open trenches. All excavations required to be made for the installation of a building sewer, building drainage system, or any part thereof within the walls of a building shall be open trench work and shall be kept open until the piping has been inspected, tested and approved.

(Effective January 1, 2007)

SECTION 308

PIPING SUPPORT

*Delete Section 308.6 'Sway bracing'without substitution.

(Effective January 1, 2007)

*Delete Section 308.7 'Anchorage'without substitution.

(Effective January 1, 2007)

SECTION 311

TOILET FACILITIES FOR WORKERS

*Delete Section 311 'Toilet Facilities For Workers' without substitution.

(Effective January 1, 2007)

SECTION 312

TESTS AND INSPECTIONS

*Revise Section 312.1 'Required tests' to read as follows:

312.1 Required tests. The permit holder shall make the applicable tests prescribed in Sections 312.2 through 312.9 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the plumbing work is ready for tests. The equipment, material, power and labor necessary for the inspection and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. All plumbing system piping shall be tested with either water or by air. After the plumbing fixtures have been set and their traps filled with water, the entire drainage system shall be submitted to final tests. The code official shall require the removal of any cleanouts if necessary to ascertain whether the pressure has reached all parts of the system.

(Effective January 1, 2007)

*Revise Section 312.5 'Water supply system test' to read as follows:

312.5 Water supply system test. Upon completion of a section of or the entire water supply system, the system, or portion completed shall be tested and proved tight under a water pressure not less than the working pressure of the system; or, by an air test of not less than 50 psi (344 kPa). This pressure shall be held for at least 15 minutes. The water or air utilized for tests shall be from a non-contaminated source. The required tests shall be performed in accordance with this section and Section 107.

(Effective January 1, 2007)

SECTION 314

CONDENSATE DISPOSAL

*Delete Section 314 'Condensate Disposal' without substitution.

(Effective January 1, 2007)

CHAPTER 4

FIXTURES, FAUCETS AND FIXTURE FITTINGS

SECTION 401

GENERAL

*Add new Section 401.4 'Prohibited locations' as follows:

401.4 Prohibited Locations. No floor drains or other plumbing fixtures except electric water heaters shall be installed in a room containing air handling machinery when such room is used as a plenum.

Exception: Deep-seal trap floor drains consisting of a minimum 4-inch (102 mm) seal and supplied with a trap primer connected to a water distribution pipe shall be permitted.

(Effective January 1, 2007)

SECTION 403

MINIMUM PLUMBING FACILITIES

*Revise Table 403.1'Minimum Number of Required Plumbing Fixturesª' to delete the requirements for 'service sink' without substitution.

(Effective January 1, 2007)

*Revise Table 403.1 'Minimum Number of Required Plumbing Fixturesª' by adding the following requirement under the column labeled 'Other' for line number '7' descriptions; 'One- and two-family dwellings' and 'Apartment house':

Detached single-family, duplex and multi-family dwelling structures three stories or less in height shall have not less than two exterior hose bibs, sill cocks or outside hydrants with one being located on the side or rear of the structure.

(Effective January 1, 2007)

*Revise exception of Section 403.4.1 'Location of toilet facilities in occupancies other than covered malls' to read as follows:

403.4.1 Location of toilet facilities in occupancies other than covered malls.

Exception: The location and maximum travel distances to required employee toilet facilities in factory, storage and industrial occupancies are permitted to exceed that required by this section, provided that the location and maximum travel distance are approved.

(Effective January 1, 2007)

SECTION 406

AUTOMATIC CLOTHES WASHERS

*Revise Section 406.3 'Waste connection' to read as follows:

406.3 Waste connection. The waste from an automatic clothes washer shall discharge through an air break into a standpipe in accordance with Section 802.4 or into a laundry sink. The trap and fixture drain for an automatic clothes washer standpipe shall be a minimum of 2 inches (51 mm) in diameter. The automatic clothes washer fixture drain shall connect to a building drain, branch drain or drainage stack a minimum of 3 inches (76 mm) in diameter. Automatic clothes washers that discharge by gravity shall be permitted to drain to a waste receptor or an approved trench drain.

(Effective January 1, 2007)

SECTION 410

DRINKING FOUNTAINS

*Revise Section 410.1 'Approval' to read as follows:

410.1 Approval. Drinking fountains shall conform to ASME A112.19.1M, ASME A112.19.2M or ASME A112.19.9M and water coolers shall conform to ARI 1010. Drinking fountains and water coolers shall conform to NSF 61, Section 9. Where water is served in restaurants and/or nightclubs, drinking fountains shall not be required. In other occupancies, where drinking fountains are required, water coolers or bottled water dispensers shall be permitted to be substituted for not more than 50 percent of the required drinking fountains.

(Effective January 1, 2007)

CHAPTER 5

WATER HEATERS

SECTION 501

GENERAL

*Add new Section 501.9 'Water heaters over 200,000 BTU/h' to read as follows:

501.9 Water heaters over 200,000 BTU/h. The State's minimum requirements for boiler/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

(Effective January 1, 2007)

SECTION 502

INSTALLATION

*Revise Section 502.3 'Water heaters installed in attics' to read as follows:

502.3 Water heaters installed in attics. Attics containing a water heater shall be provided with an opening and unobstructed passageway large enough to allow removal of the water heater. The passageway to the water heater shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide. The passageway shall have continuous solid flooring not less than 24 inches (610 mm) wide. A level service space at least 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the water heater. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm) where such dimensions are large enough to allow removal of the water heater.

(Effective January 1, 2007)

SECTION 504

SAFETY DEVICES

*Delete Section 504.6 'Requirements for discharge piping' and substitute the following:

504.6 Requirements for discharge piping. The relief valve shall discharge full size, separately to a safe place of disposal such as a concrete floor, outside the building, an indirect waste receptor, or other approved location. The discharge shall terminate in a manner that does not cause injury to occupants in the immediate area or structural damage to the building. When the relief valve discharge piping goes upward, a thermal expansion control device shall be installed on the cold water distribution or service pipe in accordance with Section 607.3.2. If the discharge pipe is trapped, provisions shall be made to drain the low point of the trapped portion of the discharge pipe.

(Effective January 1, 2007)

*Delete Section 504.7 'Required pan' and substitute the following:

504.7 Required pan. Pans shall be installed under storage-type water heaters or water storage tanks installed in attics or above ceilings. The pan shall be galvanized steel having a minimum thickness of 24 gauge, or other pans approved for such use. Pans are not required under tankless water heaters.

(Effective January 1, 2007)

SECTION 506

MINIMUM CAPACITIES FOR RESIDENTIAL WATER

HEATERS

*Add new Section 506 'Minimum Capacities For Residential Water Heaters' as follows:

506.1 General. Water heaters installed in residential occupancies shall be sized in accordance with Table 506. Other methods used to heat water shall be sized to meet the total draw and recovery rates as listed in Table 506.

(Effective January 1, 2007)

*Add new Table 506 'Minimum Capacities For Residential Water Heaters1'.

See page 17.

(Effective January 1, 2007)

CHAPTER 6

WATER SUPPLY AND DISTRIBUTION

SECTION 605

MATERIALS, JOINTS AND CONNECTIONS

*Revise Section 605.9 'Prohibited joints and connections' to add exception to Item #4 'Saddle-type fittings' as follows:

605.9 Prohibited joints and connections.

4. Saddle-type fittings.

Exception: Saddle-type fittings can be used to connect refrigerator ice makers to an existing residential unit water distribution system provided the manufacturer's installation instructions for the distribution piping do not prohibit the use of saddle fittings. Saddle fittings can be used to install thermal expansion tanks to an existing residential unit water distribution system if approved by the manufacturer of the tank.

(Effective January 1, 2007)

*Revise Section 605.14.3 'Soldered joints' to read as follows:

605.14.3 Soldered joints. Solder joints shall be made in accordance with the methods of ASTM B 828 except a flux conforming to NSF 61 shall be used. All cut tube ends shall be reamed to the full inside diameter of the tube end. All joint surfaces shall be cleaned. The joint shall be soldered with a solder conforming to ASTM B 32. The joining of water supply piping shall be made with lead-free solder and fluxes. "Lead free" shall mean a chemical composition equal to or less than 0.2 percent lead.

(Effective January 1, 2007)

*Revise Section 605.15.4 'Soldered joints' to read as follows:

605.15.4 Soldered joints. Solder joints shall be made in accordance with the methods of ASTM B 828 except a flux conforming to NSF 61 shall be used. All cut tube ends shall be reamed to the full inside diameter of the tube end. All joint surfaces shall be cleaned. The joint shall be soldered with a solder conforming to ASTM B 32. The joining of water supply piping shall be made with lead-free solders and fluxes. "Lead free" shall mean a chemical composition equal to or less than 0.2 percent lead.

(Effective January 1, 2007)

SECTION 606

INSTALLATION OF THE BUILDING WATER DISTRIBUTION

SYSTEM

*Revise Section 606.2 'Location of shutoff valves' to add Location #4 as follows:

606.2 Location of shutoff valves.

4. Shutoff valves to water supplies for refrigerators with automatic icemakers shall be accessible on the same floor as said refrigerators.

(Effective January 1, 2007)

SECTION 607

HOT WATER SUPPLY SYSTEM

*Delete Section 607.1 'Where required' and substitute the following:

607.1 Where required. In occupied structures, hot water shall be supplied to all plumbing fixtures and equipment utilized for bathing, washing, culinary purposes, cleansing, laundry or building maintenance. In nonresidential occupancies, hot water or tempered water shall be supplied for bathing and washing purposes except for hand-washing facilities. Accessible hand-washing facilities regardless of the occupancy shall not be required to be supplied with hot water.

(Effective January 1, 2007)

*Revise Section 607.2.3 'Recirculating pump' to read as follows:

607.2.3 Recirculating pump. Where a thermostatic mixing valve is installed at the water heater and is used in a system with a hot water recirculating pump, the hot water or tempered water return line shall be routed to the cold water inlet pipe of the water heater and the cold water inlet pipe or the hot water return connection of the thermostatic mixing valve.

(Effective January 1, 2007)

SECTION 608

PROTECTION OF POTABLE WATER SUPPLY

*Revise Section 608.16.5 'Connections to lawn irrigation systems' to read as follows:

608.16.5 Connections to lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check backflow prevention assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where interconnected chemical dispensers are used in conjunction with lawn irrigation systems, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer.

(Effective January 1, 2007)

SECTION 610

DISINFECTION OF POTABLE WATER SYSTEM

*Revise first paragraph of Section 610.1 'General' to read as follows:

610.1 General. New or repaired potable water systems shall be flushed and purged of deleterious matter. Systems that cannot be adequately flushed and purged may require disinfection in accordance with a prescribed method. In the absence of a prescribed method, the procedure described in either AWWA C651 or AWWA C652, or as described in this section shall apply. (Remainder of section left unchanged.)

(Effective January 1, 2007)

CHAPTER 7

SANITARY DRAINAGE

SECTION 701

GENERAL

*Revise Section 701.2 'Sewer required' to read as follows:

701.2 Sewer required. Every building in which plumbing fixtures are installed and all premises having drainage piping shall be connected to a public sewer, where available, or an approved private sewage disposal system.

(Effective January 1, 2007)

SECTION 703

BUILDING SEWER

*Revise Section 703.2 'Drainage pipe in filled ground' to read as follows:

703.2 Drainage pipe in filled ground. Where a building sewer or building drain is installed on unstable fill or unstable ground, the drainage pipe shall conform to one of the standards for ABS plastic pipe, cast-iron pipe, copper or copper-alloy tubing, or PVC plastic listed in Table 702.3.

(Effective January 1, 2007)

SECTION 705

JOINTS

*Revise Section 705.8.2 'Solvent cementing' to read as follows:

705.8.2 Solvent cementing. Joint surfaces shall be clean and free from moisture. If a primer is required by the solvent manufacturer, a purple primer that conforms to ASTM F 656 shall be applied. Solvent cement not purple in color and conforming to ASTM D 2564, CSA B137.3, CSA B181.2 or CSA B182.1 shall be applied to all joint surfaces. The joint shall be made while the cement is wet and shall be in accordance with ASTM D 2855. Solvent-cement joints shall be permitted above or below ground.

(Effective January 1, 2007)

*Revise Section 705.9.3 'Soldered joints' to read as follows:

705.9.3 Soldered joints. Solder joints shall be made in accordance with the methods of ASTM B 828 except a flux conforming to NSF 61 shall be used. All cut tube ends shall be reamed to the full inside diameter of the tube end. All joint surfaces shall be cleaned. The joint shall be soldered with a solder conforming to ASTM B 32. The joining of water supply piping shall be made with lead-free solders and fluxes. "Lead free" shall mean a chemical composition equal to or less than 0.2 percent lead.

(Effective January 1, 2007)

*Revise Section 705.10.3 'Soldered joints' to read as follows:

705.10.3 Soldered joints. Solder joints shall be made in accordance with the methods of ASTM B 828 except a flux conforming to NSF 61 shall be used. All cut tube ends shall be reamed to the full inside diameter of the tube end. All joint surfaces shall be cleaned. The joint shall be soldered with a solder conforming to ASTM B 32. The joining of water supply piping shall be made with lead-free solders and fluxes. "Lead free" shall mean a chemical composition equal to or less than 0.2 percent lead.

(Effective January 1, 2007)

*Revise Section 705.14.2 'Solvent cementing' to read as follows:

705.14.2 Solvent cementing. Joint surfaces shall be clean and free from moisture. If a primer is required by the solvent manufacturer, a purple primer that conforms to ASTM F 656 shall be applied. Solvent cement not purple in color and conforming to ASTM D 2564, CSA B137.3, CSA B181.2 or CSA B182.1 shall be applied to all joint surfaces. The joint shall be made while the cement is wet and shall be in accordance with ASTM D 2855. Solvent-cement joints shall be permitted above or below ground.

(Effective January 1, 2007)

SECTION 706

CONNECTIONS BETWEEN DRAINAGE PIPING AND

FITTINGS

*Revise Section 706.3 'Installation of fittings' to delete exception and read as follows:

706.3 Installation of fittings. Fittings shall be installed to guide sewage and waste in the direction of flow. Change in direction shall be made by fittings installed in accordance with Table 706.3. Change in direction by combination fittings, side inlets or increasers shall be installed in accordance with Table 706.3 based on the pattern of flow created by the fitting. Double sanitary tee patterns shall not receive the discharge of back-to-back fixtures or appliances with pressure or pumping action discharge. Water closets shall not be combined with fixtures other than water closets on a double drainage fitting.

(Effective January 1, 2007)

*Delete Section 706.4 'Heel- or side-inlet quarter bends' without substitution.

(Effective January 1, 2007)

SECTION 708

CLEANOUTS

*Delete Section 708.3.1 'Horizontal drains within buildings' and substitute the following:

708.3.1 Horizontal drains within buildings. Each horizontal drainage pipe shall be provided with a cleanout at the upstream end of the pipe and shall be provided with cleanouts located not more than 100 feet (30 480 mm) apart.

Exceptions: The following plumbing arrangements are acceptable in lieu of the upstream cleanout:

1. "P" traps connected to the drainage piping with slip joints or ground joint connections.

2. "P" traps into which floor drains, shower drains, or tub drains with removable strainers discharge.

3. "P" traps into which the straight-through type waste and overflow discharge with the overflow connecting to the top of the tee.

4. "P" traps into which residential washing machines discharge.

5. Test tees or cleanouts in a vertical pipe above the flood-level rim of the fixtures that the horizontal pipe serves and not more than 4 feet (1219 mm) above the finish floor.

6. Cleanout near the junction of the building drain and the building sewer which may be rodded both ways.

7. Water closets for the water closet fixture branch only.

(Effective January 1, 2007)

*Revise Section 708.3.2 'Building sewers' to read as follows:

708.3.2 Building sewers. Building sewers shall be provided with cleanouts located not more than 100 feet (30 480 mm) apart measured from the upstream entrance of the cleanout. An additional cleanout shall be provided within 10 feet (3048 mm) of the public right of way. For building sewers 8 inches (203 mm) and larger, manholes shall be provided and located at each change in direction and at intervals of not more than 400 feet (122 m). Manholes and manhole covers shall be of an approved type.

(Effective January 1, 2007)

*Delete Section 708.3.4 'Base of stack'without substitution.

(Effective January 1, 2007)

*Revise Section 708.3.5 'Building drain and building sewer junction' to read as follows:

708.3.5 Building drain and building sewer junction. There shall be a cleanout installed at or near the junction of the building drain and the building sewer. The cleanout shall be outside the building wall unless otherwise approved and shall be brought up to finished ground level. An approved two-way cleanout is allowed to be used at this location to serve as a required cleanout for both the building drain and building sewer.

(Effective January 1, 2007)

*Revise first sentence of Section 708.7 'Minimum size' to read as follows:

708.7 Minimum size. Cleanouts shall be the same nominal size as the pipe they are connected to, up to 4 inches (102 mm). For pipes larger... (Remainder of Section left unchanged).

(Effective January 1, 2007)

CHAPTER 9

VENTS

SECTION 904

VENT TERMINALS

*Revise first sentence of Section 904.1 'Roof extension' by replacing "[NUMBER] inches (mm)" with "6 inches (152 mm)". (Remainder of Section left unchanged)

(Effective January 1, 2007)

SECTION 906

FIXTURE VENTS

*Delete exception to Section 906.1 'Distance of trap from vent' without substitution.

(Effective January 1, 2007)

SECTION 910

WASTE STACK VENT

*Revise first sentence of Section 910.2 'Stack installation' to read as follows:

910.2 Stack installation. The waste stack shall be vertical. Every fixture drain... (Remainder of Section left unchanged).

(Effective January 1, 2007)

SECTION 911

CIRCUIT VENTING

*Revise last sentence of Section 911.2 'Vent connection' to read as follows:

911.2 Vent connection.

(Beginning of Section left unchanged)

...with Section 905. The circuit vent may receive waste discharge from fixtures located within the same branch interval, provided that the wet portion remains the same size as the horizontal branch.

(Effective January 1, 2007)

SECTION 912

COMBINATION DRAIN AND VENT SYSTEM

*Revise Section 912.2.2 'Connection' to read as follows:

912.2.2 Connection. The combination drain and vent system shall be provided with a dry vent connected at any point within the system or the system shall connect to a horizontal drain that is vented in accordance with one of the venting methods specified in this chapter. Combination drain and vent systems connecting to building drains or waste stacks shall be provided with a dry vent. The vent connection to the combination drain and vent pipe shall extend vertically a minimum of 6 inches (152 mm) above the flood level rim of the highest fixture being vented before offsetting horizontally.

(Effective January 1, 2007)

*Add new Section 912.4 'Appendix reference' as follows:

912.4 Appendix reference. Additional provisions for safe waste systems are contained in Appendix H 'Section 912: Combination Drain and Vent System'.

(Effective January 1, 2007)

*Add new Appendix H 'Section 912: Combination Drain and Vent System'. See pages 18 through 20.

(Effective January 1, 2007)

CHAPTER 10

TRAPS, INTERCEPTORS AND SEPARATORS

SECTION 1002

TRAP REQUIREMENTS

*Revise first paragraph of Section 1002.1 'Fixture traps' to read as follows:

1002.1 Fixture traps. Each plumbing fixture shall be separately trapped by a water-seal trap, except as otherwise permitted by this code. The trap shall be placed as close as possible to the fixture outlet. The vertical distance from the fixture outlet to the trap weir shall not exceed 24 inches (610 mm). The distance of a clothes washer standpipe above a trap shall conform to Section 802.4. A fixture shall not be double trapped.

(Effective January 1, 2007)

*Revise Section 1002.4 'Trap seals' to read as follows:

1002.4 Trap seals. Each fixture trap shall have a liquid seal of not less than 2 inches (51 mm) and not more than 4 inches (102 mm), or deeper for special designs relating to accessible fixtures. Where a trap seal is subject to loss by evaporation, the trap seal shall be protected by a trap seal primer or other approved method. A trap seal primer valve shall conform to ASSE 1018 or ASSE 1044.

(Effective January 1, 2007)

*Delete Section 1002.8 'Recess for trap connection' without substitution.

(Effective January 1, 2007)

SECTION 1003

INTERCEPTORS AND SEPARATORS

*Delete exception to Section 1003.4 'Oil separators required' and revise to read as follows:

1003.4 Oil separators required. In elevator pits where oil containment complies with the Georgia Department of Labor Elevator Rules and Regulations, no additional oil separator shall be required.At repair garages, car-washing facilities, at factories where oily and flammable liquid wastes are produced and in hydraulic elevator pits, separators shall be installed into which all oil-bearing, grease-bearing or flammable wastes shall be discharged before emptying into the building drainage system or other point of disposal.

(Effective January 1, 2007)

CHAPTER 13

REFERENCED STANDARDS

*Revise Referenced Standard 'NSF' to read as follows:

1

NSF NSF International 789 Dixboro Road Ann Arbor, MI 48105

Standard reference number

Title

Referenced in code section number

61-2003e

Drinking Water System Components-Health Effects.........

424.1, 605.3, 605.4, 605.5, 611.3, 705.9.3 (GA Amendment), 705.10.3 (GA Amendment)

(Effective January 1, 2007)

End of Amendments.

TABLE 506

MINIMUM CAPACITIES FOR RESIDENTIAL WATER

HEATERS1

*See footnote (1) located below table for manufacturer's specifications.

Fuel

Gas

Elec.

Oil

Gas

Elec.

Oil

Gas

Elec.

Oil

Gas

Elec.

Oil

of Bedrooms

1

2

3

---

1 to 1 1/2 Baths

Storage (gal)

20

20

30

30

30

30

30

40

30

---

---

---

Input

27

2.5

70

36

3.5

70

36

4.5

70

---

---

---

Draw (gph)

43

30

89

60

44

89

60

58

89

---

---

---

Recovery (gph)

23

10

59

30

14

59

30

18

59

---

---

---

of Bedrooms

2

3

4

5

2 to 2 1/2 Baths

Storage (gal)

30

40

30

40

50

30

40

50

50

50

66

30

Input

36

4.5

70

36

5.5

70

38

5.5

70

47

5.5

70

Draw (gph)

60

58

89

70

72

89

72

72

89

90

88

89

Recovery (gph)

30

18

59

30

22

59

32

22

59

40

22

59

of Bedrooms

3

4

5

6

3 to 3 1/2 Baths

Storage (gal)

40

50

30

50

66

30

50

66

30

50

80

40

Input

38

5.5

70

38

5.5

70

47

5.5

70

50

5.5

70

Draw (gph)

72

72

89

82

88

89

90

88

89

92

102

99

Recovery (gph)

32

22

59

32

22

59

40

22

59

42

22

59

1 gal=3.7854 L

1 gph=1.05 mL/s

NOTE:

1. Storage capacity, input and recovery requirements indicated in the table are typical and may vary with each individual manufacturer. Any combination of these requirements to produce the 1-hour draw stated shall be satisfactory. Recovery based on 100 °F (37.8 °C) water temperature rise. The input rating is in units of 1000 BTU/h for gas and oil, and 1000W/h for electric. EXAMPLE: For a 3-bedroom, 2-bath residence, there are three choices as follows: A 40 gal storage/30 gph recovery gas heater; a 50 gal storage/22 gph recovery electric heater; or a 30 gal storage/59 gph recovery oil heater; or an equivalent combination which will produce at least a 70 gph total draw.

APPENDIX H

SECTION 912: COMBINATION DRAIN AND VENT SYSTEM

912.4 Safe Waste System.

912.4.1 Definitions.

SAFE WASTE SYSTEM. A horizontal waste system composed of a main waste line, branch waste lines, auxiliary vents and a master trap with a fresh air vent (See Figures 1 and 1A).

FIGURE 1 - SAFE WASTE SYSTEM EXAMPLE

FIGURE 1A - ALTERNATE SAFE WASTE SYSTEM FOR

INSTALLATION NOT EXCEEDING TWO FLOOR OPENINGS

EXAMPLE

912.4.2 Where required. As an alternative to other waste systems required by this code, the waste in establishments listed in Section 912.4.3may be collected in a safe waste system. Plans and specifications for each safe waste system shall be submitted to the Plumbing Official and approval shall be obtained before installation is started.

912.4.3 Location. All establishments where food is manufactured, or processed, having floor drains, hub drains, such as restaurants, cafes, snack bars, grocery stores, meat, poultry and fish markets, drugstores, bakeries, dairies, taverns and cocktail lounges, shall collect such floor drains, hub drains, or open site drains into a safe waste system. Other fixtures not specifically prohibited by Section 912.4.4may also be collected on the safe waste system.

912.4.4 Limits of use. Each safe waste system shall be limited to one floor. Water closets, urinals, bathtubs, showers, food grinders, disposal units or exterior drain units (such as condensing units drains) shall not be permitted on a safe waste system.

912.4.5 Safe waste system. The main waste line for the safe waste system is connected to the sanitary waste system through the master trap. Fixtures should be connected directly or indirectly as described in Chapter 7.

912.4.6 Master trap. The master trap shall not be less than 3 inches (76 mm) in size and shall be located inside the building unless otherwise approved. Provide two cleanouts at the master trap, one on the house side and one in the waste line downstream of the master trap weir. The top of the cleanouts shall be flush with the finish floor.

912.4.7 Master trap venting. The master trap shall he vented with two vents. A fresh air vent no less than the trap size shall extend from the house side of the trap to the outside of the building, by either (a) extending through the roof independent of any sanitary vent; (b) extending through the outside wall, 12 inches (305 mm) above the flood rim of any connected fixture and terminating with a perforated or bar grate cover or (c) connecting to a fresh air auxiliary vent. A 2-inch (51 mm) sanitary vent shall extend from the sewer side of the master trap through the roof or connect with a dry sanitary vent, in accordance with Chapter 9.

912.4.8 Auxiliary vent. The auxiliary vent shall be the same size as the master trap and extend from the main waste line through the roof independent of any sanitary vent or may terminate through an outside wall using an acceptable bar grate. When safe waste systems are located on two or more floors of a building, the fresh air and auxiliary vents may be connected together and extend to the outside of the building independent of any sanitary vent.

912.4.9 Waste lines and connections. See Chapter 7for size and capacity. The main waste line shall be the same size as the master trap. The branch waste lines shall not exceed a maximum length of 48 pipe diameters, also refer to Table 710.1for the maximum number of fixture units. Nowhere shall the slope of the safe waste system exceed a 1/4-inch (6.4 mm) per foot. Branch waste line exceeding 48 pipe diameters in length will require a 2-inch (51 mm) vent to extend through the roof, or be connected into the auxiliary vent. Trap primers are not required for traps on the house side of the master trap.

912.4.10 Walk-in coolers. Walk-in coolers requiring a floor drain inside the cooler shall have an untrapped floor drain type casting with a bar grate strainer, and a ball check back water valve. The waste line from the drain located inside the cooler shall extend to a floor drain located outside the cooler. The outside floor drain shall have a bar grate strainer, flashing ring, when required, with an auxiliary inlet for the waste line from the inside drains connected above the trap.

912.4.11 Poultry, Meat or Fish Markets, or Processing Plants.

912.4.11.1 Establishments which clean, process or market poultry, meat, or fish shall have their waste collected in a safe waste system. An interceptor trap shall be installed for these establishments in lieu of a master trap. Cleanouts and venting shall be as for a master trap.

Interceptor traps are described in Chapter 10. Drains from racks and tables must spill onto the floor and the floor shall be graded to the floor drains to catch all refuse from the killing or the cleaning operations. Floor drains shall have removable grate tops. An adequate water supply shall be provided for cleaning floors. All water supply inlets shall be protected with backflow preventers as described in Section 608. Interceptors shall be a maximum of 24 x 24 inches (610 mm x 610 mm).

GEORGIA STATE MINIMUM STANDARD

ONE AND TWO FAMILY DWELLING CODE

(INTERNATIONAL RESIDENTIAL CODE For oNE- AND TWO-FAMILY DWELLINGS WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments, shall constitute the official Georgia State Minimum Standard One and Two Family Dwelling Code.

Part VII, Plumbing (Chapters 25 through 32), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute for plumbing requirements the Georgia State Minimum Standard Plumbing Code (International Plumbing Code with Georgia State Amendments).

Part VIII, Electrical (Chapters 33 through 42), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute for electrical requirements the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code.

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for heating and air conditioning equipment.

SCOPE:

The provisions of the GeorgiaState Minimum Standard One and Two Family Dwelling Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress and their accessory structures.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILERS/WATER HEATERS AND

PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

PLEASE NOTE: The provisions of Section R301.2.1.1, Design criteria, of the 2006 edition of the International Residential Code for One- and Two-Family Dwellings, shall notbecome effective until July 1, 2007. For the period from January 1, 2007, through June 30, 2007, the provisions of Section R301.2.1.1, Design criteria, of the 2000 edition of the International Residential Code for One- and Two-Family Dwellings, shall remain in effect.

*Revise the International Residential Code for One- and Two-Family Dwellings, 2006 Edition, as follows:

CHAPTER 1

ADMINISTRATION

*Delete Chapter 1 'Administration' without substitution. Chapter 1 to remain in the Code as a reference and guide for local governments in development of their own Administrative Procedures.

(Effective January 1, 2007)

CHAPTER 2

DEFINITIONS

SECTION R202

DEFINITIONS

*Revise definition of 'Accessory Structure' to read as follows:

ACCESSORY STRUCTURE. In one- and two-family dwellings not more than three stories high with separate means of egress, a building, the use of which is incidental to that of the main building and which is located on the same lot.

(Effective January 1, 2007)

*Revise definition of 'Branch Vent' to read as follows:

BRANCH VENT. A vent connecting two or more individual vents with a vent stack, stack vent or terminating in the open air.

(Effective January 1, 2007)

*Add definition of 'Valve' as follows:

VALVE

Point of Delivery Service Shutoff. The point of delivery for natural gas systems is the outlet of the service meter assembly or the outlet of the service regulator or service shutoff valve where a meter is not provided. Where a valve is provided at the outlet of the service meter assembly, such valve shall be considered to be downstream of the point of delivery. The point of delivery for undiluted liquefied petroleum gas systems is the outlet of the first stage pressure regulator that provides utilization pressure, exclusive of line gas regulators, in the system.

(Effective January 1, 2007)

CHAPTER 3

BUILDING PLANNING

SECTION R306

SANITATION

*Add new Section R306.5 as follows:

R306.5. One- and two-family dwellings shall have not less than two exterior hose bibs, sill cocks or outside hydrants with one being located on the side or rear of the structure.

(Effective January 1, 2007)

*Add new Section R306.6 'General' as follows:

R306.6 General. Toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction worker toilet facilities of the nonsewer type shall conform to ANSI Z4.3.

(Effective January 1, 2007)

SECTION R309

GARAGES AND CARPORTS

*Revise Section R309.2 'Separation required' to add exceptions as follows:

R309.2 Separation required.

Exception #1:

Separation is not required in garages protected by an automatic sprinkler system that meets the following criteria:

1. Maximum protected area is 600 square feet (55.74 m2).

2. Maximum number of sprinkler heads per domestic system is six.

3. Minimum pipe size supplying domestic water system shall be 3/4-inch (19 mm) nominal diameter.

4. Maximum area of coverage per sprinkler head of 100 square feet (9.29 m2).

5. No control valve to isolate the sprinkler head(s) unless supervised.

6. Protected area is defined by physical barriers that extend from floor to ceiling of construction that will resist the passage of smoke.

7. Doors through physical barriers shall be equipped with self-closing devices and be positive-latching.

Exception #2:

A disappearing/pull-down stairway with minimum 3/8-inch (9.53 mm) (nominal) fire-retardant-treated structural panel is deemed to meet the 20-minute thermal barrier test based on ASTM E 119, Test Methods for Fire Tests of Building Construction and Materials, or deemed to have the fire resistance of or equivalent to 1/2-inch (12.7 mm) gypsum wall board.

(Effective January 1, 2007)

SECTION R311

MEANS OF EGRESS

*Revise Section R311.5.3.1 'Riser height' to add exception as follows:

R311.5.3.1 Riser height.

Exception:

The first and the last riser may vary by an amount no greater than 3/4 inch (19 mm) from the other risers in the flight of stairs.

(Effective January 1, 2007; AMENDMENT EXPIRES JANUARY 1, 2010)

*Revise first sentence of Section R311.5.3.2 'Tread depth' to read as follows:

R311.5.3.2 Tread depth. The minimum tread depth shall be 9 inches (229 mm). The tread depth...

(Remainder of section left unchanged.)

(Effective January 1, 2007; AMENDMENT EXPIRES JANUARY 1, 2010)

SECTION R312

GUARDS

*Revise Section R312.1 'Guards' to add at end as follows:

R312.1 Guards.

(Beginning of section left unchanged.)

...or grade below. The finish grade surface to a retaining wall attached to a house that has a vertical drop on its opposite side of more than 30 inches (762 mm) below the grade shall have a guard (guardrail) not less than 36 inches (914 mm) in height.

(Effective January 1, 2007)

CHAPTER 4

FOUNDATIONS

SECTION R404

FOUNDATION AND RETAINING WALLS

*Revise Section R404.1 'Concrete and masonry foundation walls' to read as follows:

R404.1 Concrete and masonry foundation walls. Concrete and masonry foundation walls shall be selected and constructed in accordance with the provisions of Section R404 or in accordance with ACI 318, ACI 332, NCMA TR68-A or ACI 530/ASCE 5/TMS 402 or other approved structural standards. When ACI 318, ACI 332 or ACI 530/ASCE 5/TMS 402 or the provisions of Section R404 are used to design concrete or masonry foundation walls, project drawings, typical details and specifications are not required to bear the seal of the architect or engineer responsible for design, unless otherwise required by the state law of the jurisdiction having authority.

(Effective January 1, 2007)

*Delete Table R404.1(1) 'Top Reactions And Prescriptive Support For Foundations Wallsa' without substitution.

(Effective January 1, 2007)

*Delete Table R404.1(2) 'Maximum Plate Anchor-Bolt Spacing For Supported Foundation Walla' without substitution.

(Effective January 1, 2007)

*Delete Table R404.1(3) 'Maximum Aspect Ratio, L/W For Unbalanced Foundations' without substitution.

(Effective January 1, 2007)

CHAPTER 5

FLOORS

SECTION R502

WOOD FLOOR FRAMING

*Revise Section R502.2.2 'Decks' to add at beginning as follows:

R502.2.2 Decks. Decks shall be constructed in accordance with this code or Chapter 3 of the 1996 Forest Products Society, "Wood Decks, Materials, Construction, and Finishing" manual. Where supported by...

(Remainder of section left unchanged.)

(Effective January 1, 2007)

*Add new Section R502.2.2.1 'Deck ledger connection to band joist (conventional framing)' as follows:

R502.2.2.1 Deck ledger connection to band joist (conventional framing). For residential applications and a total design load of 50 psf (2.39 kPa), the connection between a pressure preservative treated southern pine (or approved decay-resistant species) deck ledger and a 2-inch (51 mm) nominal band joist bearing on a sill plate or wall plate shall be constructed with 1/2-inch (13 mm) bolts with washers per Table R502.2.2.1.

(Effective January 1, 2007)

*Add new Table R502.2.2.1 'Fastener Spacing For A Residential Southern Pine Deck Ledger And A 2-Inch (51 mm) Nominal Solid-Sawn Band Joist (50 psf (2.39 kPa) Total Load)1,2.'

See page 14.

(Effective January 1, 2007)

*Add new Figure R502.2.2.1 'Placement Of Bolts In Deck Ledgers (Bands).'

See page 14.

(Effective January 1, 2007)

*Add new Section R502.2.2.2 'Deck ledger connection to band joist (wood I-joists with rim board)' as follows:

R502.2.2.2 Deck ledger connection to band joist (wood I-joists with rim board). For residential applications and a total design load of 50 psf (2.39 kPa), when attaching the ledger to manufactured wood floor assemblies that include manufactured rim boards supported by a structural bearing, the installation shall comply with the manufacturer's design and installation specifications. When rim boards are not fully supported by direct bearing, the installation shall be detailed by a registered design professional.

(Effective January 1, 2007)

*Add new Section R502.2.2.3 'Deck ledger connection to open web floor truss system' as follows:

R502.2.2.3 Deck ledger connection to open web floor truss system. For residential applications and a total design load of 50 psf (2.39 kPa), when attaching the ledger to manufactured open web floor truss systems, the installation shall comply with the manufacturer's design and installation specifications. The deck ledger connection to the floor truss system shall be designed and approved by the truss system manufacturer's registered design professional.

(Effective January 1, 2007)

CHAPTER 6

WALL CONSTRUCTION

SECTION R602

WOOD WALL FRAMING

*Revise first sentence of Footnote 'a' of Table R602.3(1) 'Fastener Schedule For Structural Members' to read as follows:

TR602.3(1) Fastener Schedule For Structural Members.

Footnote 'a':

All nails are smooth-common, box or deformed shanks except where otherwise stated or as required to be hot-dipped zinc-coated galvanized steel, stainless steel, silicon bronze or copper in accordance with Section R319.3. Nails used for...

(Remainder of footnote left unchanged.)

(Effective January 1, 2007)

*Delete Section R602.10.5 'Continuous wood structural panel sheathing' and substitute the following:

R602.10.5 Continuous structural panel sheathing. When continuous wood structural panel sheathing is provided in accordance with Method 3 of Section R602.10.3, including areas above and below openings, braced wall panel lengths shall be in accordance with Table R602.10.5. Wood structural panel sheathing at corners shall be installed in accordance with Figure R602.10.5. The bracing amounts in Table R602.10.1 for Method 3 shall be permitted to be multiplied by a factor of 0.9 for walls with a maximum opening height that does not exceed 85 percent of the wall height or a factor of 0.8 for walls with a maximum opening height that does not exceed 67 percent of the wall height.

Exception: Vertical wall segments, in the first story of one- or two-story buildings, next to garage openings shall be permitted to have a 6:1 height-to-width ratio (with height being measured from top of header to sill plate) when constructed in accordance with the following provisions. Each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch (9.53 mm) minimum thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure R602.10.6.2. The wood structural panel sheathing shall extend up over the solid sawn or glued laminated header and shall be nailed in accordance with Figure R602.10.6.2. The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than six feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1000 pounds (454 kg) shall fasten the header to the side of the inner studs opposite the sheathing. Two anchor bolts shall be installed in accordance with Section R403.1.6, and plate washers shall be a minimum of 2 inches by 2 inches by 3/16 inches (51 mm by 51 mm by 4.76 mm) thick and shall be used on each bolt. This exception is only permitted in Seismic Design Categories A-C.

(Effective January 1, 2007)

*Delete Footnote 'c' of Table R602.10.5 'Length Requirements For Braced Wall Panels In A Continuously Sheathed Walla,b,c' without substitution.

(Effective January 1, 2007)

SECTION R613

EXTERIOR WINDOWS AND GLASS DOORS

*Delete Section R613.2 'Window sills' without substitution.

(Effective January 1, 2007)

CHAPTER 7

WALL COVERING

SECTION R702

INTERIOR COVERING

*Revise first sentence of Section R702.2 'Interior plaster' to read as follows:

R702.2 Interior plaster. Gypsum plaster or portland cement plastering materials shall conform to ASTM C 5, C 28, C 35, C 37, C 59, C 61, C 587, C 588, C 631, C 847, C 897, C 933, C 1032 and C 1047, and shall be installed or applied in conformance with ASTM C 843, C 844, C 926 and C 1063. Plaster shall not...

(Remainder of section left unchanged.)

(Effective January 1, 2007)

SECTION R703

EXTERIOR COVERING

*Add Footnote 'a' to 'Joint Treatment' heading of Table R703.4 'Weather-Resistant Siding Attachment And Minimum Thickness' as follows:

TR703.4 Weather-Resistant Siding Attachment And Minimum Thickness.

Footnote 'a':

Where joints are required to be sealed, ASTM C 1193 shall be deemed to meet the intent of Section R703.

(Effective January 1, 2007)

*Revise first sentence of Section R703.9 'Exterior insulation finish systems, general' to read as follows:

R703.9 Exterior insulation finish systems, general. Exterior Insulation Finish Systems (EIFS) shall be from manufacturers with a current ICC Evaluation Report and shall be installed in accordance with ANSI 99A, ASTM C 1397, ASTM C 1535, ASTM E 2273, ICC EIFS Evaluation Reports, manufacturer's installation instructions and the requirements of this section. Decorative trim shall not...

(Remainder of section left unchanged.)

(Effective January 1, 2007)

CHAPTER 8

ROOF-CEILING CONSTRUCTION

SECTION R802

WOOD ROOF FRAMING

*Revise Section R802.3 'Framing details' to add sentence between first and second sentences as follows:

R802.3 Framing details.

(First sentence left unchanged.)

...as a tie. Where rafters meet to form a ridge they shall be placed directly opposite each other, or centerline offset not more than 11/2 inches (38 mm). Ridge board shall...

(Remainder of section left unchanged.)

(Effective January 1, 2007)

CHAPTER 11

ENERGY EFFICIENCY

*Delete Chapter 11 'Energy Efficiency' without substitution. For energy code compliance refer to the Georgia State Minimum Standard Energy Code.

(Effective January 1, 2007)

CHAPTER 13

GENERAL MECHANICAL SYSTEM REQUIREMENTS

SECTION M1305

APPLIANCE ACCESS

*Revise first and last sentences of Section M1305.1.3 'Appliances in attics' to read as follows:

M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an opening and a clear and unobstructed passageway large enough to allow the removal of the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide to the appliance. The passageway shall...

(Middle of section left unchanged.)

...access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), where such dimensions are large enough to allow the removal of the largest appliance and be accessible by pull down stairs or other permanent steps.

(Effective January 1, 2007)

*Revise first sentence of Section M1305.1.4 'Appliances under floors' to read as follows:

M1305.1.4 Appliances under floors. Underfloor spaces containing appliances requiring access shall be provided with an unobstructed passageway large enough to remove the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide. A level service...

(Remainder of section left unchanged.)

(Effective January 1, 2007)

CHAPTER 14

HEATING AND COOLING EQUIPMENT

SECTION M1401

GENERAL

*Revise Section M1401.4 'Exterior installations' to read as follows:

M1401.4 Exterior installations. Equipment installed outdoors shall be listed and labeled for outdoor installation. Supports and foundations shall prevent excessive vibration, settlement or movement of the equipment. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above grade a minimum of 2 inches (51 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade.

(Effective January 1, 2007)

CHAPTER 16

DUCT SYSTEMS

SECTION M1601

DUCT CONSTRUCTION

*Revise Section M1601.1 'Duct design' to read as follows:

M1601.1 Duct design. Duct systems serving heating, cooling and ventilation equipment shall be fabricated and installed in accordance with the International Mechanical Code (IMC) Chapter 6 and Georgia State Amendments to IMC Chapter 6.

(Effective January 1, 2007)

CHAPTER 24

FUEL GAS

SECTION G2419 (408)

DRIPS AND SLOPED PIPING

*Revise second and third sentences of Section G2419.4 (408.4) 'Sediment trap' to read as follows:

G2419.4 (408.4) Sediment trap.

(Beginning of section left unchanged.)

...equipment as practical. The sediment trap shall be either a tee fitting with a minimum 3 inch (76 mm) long capped nipple in the bottom outlet or other configuration approved as an effective sediment trap. Illuminating appliances, ranges, clothes dryers, decorative appliances for installation in vented fireplaces, decorative vented appliances, and outdoor grills need not be so equipped unless required by manufacturer's installation instructions.

(Effective January 1, 2007)

SECTION G2420 (409)

GAS SHUTOFF VALVES

*Add new Section G2420.2.1 'Point of delivery service valve' as follows:

G2420.2.1 Point of delivery service valve. Where the point of delivery is the outlet of the service meter assembly, or the outlet of the service regulator a service shutoff valve shall be installed. Such valve is considered to be part of the customer piping system.

(Effective January 1, 2007)

SECTION G2423 (413)

CNG GAS-DISPENSING SYSTEMS

*Delete Section G2423.1 (413.1) 'General' and substitute the following:

G2423.1 General. Under Georgia law, the Rules and Regulations of the Georgia Safety Fire Commissioner's Office govern the storage, delivery and dispensing of compressed natural gas. Refer to the Rules and Regulations of the Georgia Safety Fire Commissioner's Office and NFPA 52 for all requirements concerning compressed natural gas motor vehicle Fuel-dispensing stations.

(Effective January 1, 2007)

SECTION G2447 (623)

COOKING APPLIANCES

*Delete Section G2447.2 (623.2) 'Prohibited location' without substitution.

(Effective January 1, 2007)

*Delete Section G2447.3 (623.3) 'Domestic appliances' without substitution.

(Effective January 1, 2007)

CHAPTER 43

REFERENCED STANDARDS

*Revise Chapter 43 'Referenced Standards' to add as follows:

American National Standards Institute

25 West 43rd Street, Fourth Floor

ANSI New York, NY 10036

Standard reference number

Title

Referenced in code section number

99A-01

American National Standard for Exterior Insulation and Finish Systems (EIFS)

R703.9, GA Amendments

Z4.3-87/95

Nonsewered Waste Disposal Systems

R306.6, GA Amendments

ASTM International

100 Barr Harbor Drive

ASTM West Conshohocken, PA 19428-2859

Standard reference number

Title

Referenced in code section number

C 926-98a (2005)

Standard Specification for Application of Portland Cement-Based Plaster

R702.2, GA Amendments

C 1193-05a

Standard Guide for Use of Joint Sealants

TR703.4, GA Amendments

C 1397-05

Standard Practice for Application of Class PB Exterior Insulation and Finish Systems

R703.9, GA Amendments

C 1535-05

Standard Practice for Application of Exterior Insulation and Finish Systems Class PI

R703.9, GA Amendments

E 119-00

Test Methods for Fire Tests of Building Construction and Materials

R309.2, GA Amendments

E 2273-03

Standard Test Method for Determining the Drainage Efficiency of Exterior Insulation and Finish Systems (EIFS)

R703.9, GA Amendments

Clad Wall Assemblies

Forest Products Society

2801 Marshall Court

FPS Madison, WI 53705-2295

Standard reference number

Title

Referenced in code section number

1996

Edition Wood Decks: Materials, Construction, and Finishing

R502.2.2, GA Amendments

National Fire Protection Association

Batterymarch Park

NFPA Quincy, MA 02269

Standard reference number

Title

Referenced in code section number

52

Compressed Natural Gas (CNG) Vehicular Fuel Systems

G2423.1, GA Amendments

(Effective January 1, 2007)

APPENDIX G

SWIMMING POOLS, SPAS AND HOT TUBS

*The Department of Community Affairs hereby adopts Appendix G 'Swimming Pools, Spas and Hot Tubs.'

(Effective January 1, 2007)

End of Amendments.

TABLE R502.2.2.1

FASTENER SPACING FOR A RESIDENTIAL SOUTHERN

PINE DECK LEDGER AND A 2-INCH

(51 mm) NOMINAL SOLID-SAWN BAND JOIST (50 psf

(2.39 kPa) TOTAL LOAD)1,2

JOIST SPAN (feet)

6' and Less

6'-1'' to 8'

8'-1'' to 10'

10'-1'' to 12'

12'-1'' to 14'

14'-1'' to 16'

16'-1'' to 18'

ON-CENTER SPACING OF FASTENERS3,4

1/2'' BOLT WITH WASHERS

36''

36''

34''

29''

24''

21''

19''

Notes:

1. The maximum gap between the face of the ledger board and face of the house band joist shall be 1/2-inch (13 mm).

2. Ledgers shall be flashed to prevent water from contacting the house band joist.

3. Bolts shall be staggered as depicted in Figure R502.2.2.1.

4. Deck ledger shall be 2x8 PPT No. 2 Southern Pine (minimum) or other approved method and material as established by standard engineering practice.

FIGURE R502.2.2.1

PLACEMENT OF BOLTS IN DECK LEDGERS (BANDS)

GEORGIA STATE MINIMUM STANDARD

MECHANICAL CODE

(INTERNATIONAL MECHANICAL CODE WITH GEORGIA

STATE AMENDMENTS)

The INTERNATIONAL MECHANICAL CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments, shall constitute the official Georgia State Minimum Standard Mechanical Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECCwith Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of mechanical equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Mechanical Code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the Georgia State Minimum Standard Gas Code (International Fuel Gas Code with Georgia Amendments).

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILERS/WATER HEATERS AND

PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

*Revise the International Mechanical Code, 2006 Edition, as follows:

CHAPTER 1

ADMINISTRATION

*Delete Chapter 1 'Administration' without substitution. Chapter 1 to remain in the Code as a reference and guide for local governments in the development of their own Administrative Procedures.

(Effective January 1, 2007)

CHAPTER 3

GENERAL REGULATIONS

SECTION 301

GENERAL

*Add new Section 301.16 'Related Fire Codes' to read as follows:

301.16 Related fire codes. Any reference to the International Fire Code and/or NFPA standards in any chapter of this code shall be to the latest edition as adopted and amended by the Georgia Insurance and Safety Fire Commissioner.

(Effective January 1, 2007)

SECTION 303

EQUIPMENT AND APPLIANCE LOCATION

*Revise Section 303.3 'Prohibited locations' as follows:

303.3 Prohibited locations.

Exception #4. Refer to the International Fuel Gas Code for gas-fired appliances.

(Effective January 1, 2007)

*Delete Section 303.5 'Indoor locations' and substitute the following:

303.5 Indoor locations. Fuel-fired furnaces and boilers installed in closets and alcoves shall be listed for such installation.

(Effective January 1, 2007)

SECTION 304

INSTALLATION

*Revise Section 304.9 'Clearances from grade' to read as follows:

304.9 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade minimum of 2 inches (51 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade.

(Effective January 1, 2007)

SECTION 306

ACCESS AND SERVICE SPACE

*Delete second and third paragraphs of Section 306.5'Equipment and appliances on roofs or elevated structures' to read as follows:

306.5 Equipment and appliances on roofs or elevated structures. (First paragraph leftunchanged.)

(Effective January 1, 2007)

SECTION [B] 309

TEMPERATURE CONTROL

*Revise Section [B] 309.1 'Space-heating systems'to add exceptions as follows:

[B] 309.1 Space-heating systems.

Exception #2: Semi-heated spaces as listed in ANSI/ASHRAE/IESNA 90.1.

Exception #3: In unfinished basements and enclosed unvented crawlspaces where the wall is insulated in lieu of the floor.

(Effective January 1, 2007)

CHAPTER 4

VENTILATION

SECTION 401

GENERAL

*Add a new Section 401.7 'Alternate Ventilation Procedure' to read as follows:

401.7 Alternate Ventilation Procedure. As an alternate to ventilation rates listed in Table 403.3, Required Outdoor Ventilation Air, designers may utilize ventilation rate procedures and tables in ASHRAE Standard 62.1. If the ASHRAE 62.1 method is used, the entire building shall comply with ASHRAE 62.1 and any additional equipment and/or systems required by ASHRAE 62.1 shall be installed.

(Effective January 1, 2007)

SECTION 405

SYSTEM CONTROL

*Add a new Section 405.2 'CO2 Sensors' to read as follows:

405.2 CO2 Sensors. Carbon dioxide sensors shall be utilized for control of ventilation systems, as outlined in ASHRAE Standard 62.1.

(Effective January 1, 2007)

CHAPTER 5

EXHAUST SYSTEMS

SECTION 502

REQUIRED SYSTEMS

*Revise Section [F] 502.5 'Valve-regulated lead-acid batteries in cabinets' to read as follows:

[F] 502.5 Valve-regulated lead-acid batteries in cabinets. Valve-regulated lead-acid (VRLA) batteries installed in cabinets, as regulated by the International Fire Code, shall be provided with ventilation in accordance with Section 502.5.1 or 502.5.2.

(Effective January 1, 2007)

SECTION 505

DOMESTIC KITCHEN EXHAUST EQUIPMENT

*Add new Section 505.2 'Commercial Installations of Domestic Systems' to read as follows:

505.2 Commercial Installations of domestic systems. Commercial installations of domestic systems shall comply with the current NFPA standards as adopted and amended by the Georgia Insurance and Safety Fire Commissioner.

(Effective January 1, 2007)

*Add new Section 505.3 'Exhaust Ducts' to read as follows:

505.3 Exhaust ducts. Exhaust ducts for domestic range hoods, installed in commercial applications shall be vented to the outside and shall be constructed of Type B vent or smooth-wall duct constructed of 0.0157 inch (0.4mm) galvanized steel.

(Effective January 1, 2007)

SECTION 506

COMMERCIAL KITCHEN HOOD VENTILATION SYSTEM

DUCTS AND EXHAUST EQUIPMENT

*Delete Section 506.1 'General' and substitute the following to read:

506.1 General. The State's minimum requirements for Type I commercial kitchen hood ventilation system ducts and exhaust equipment shall be designed, constructed and installed in accordance with the Life Safety Code NFPA 101 and NFPA 96. Other commercial kitchen hood ventilation system ducts and exhaust equipment shall comply with the requirements of this section.

(Effective January 1, 2007)

SECTION 507

COMMERCIAL KITCHEN HOODS

*Delete Section 507.1'General' and substitute the following:

507.1 General. The State's minimum requirements for Type I commercial kitchen hoods shall be designed, constructed and installed in accordance with the Life Safety Code NFPA 101 and NFPA 96. Other commercial kitchen hoods shall comply with the requirements of this section.

(Effective January 1, 2007)

*Delete Section 507.2.3 'Domestic cooking appliances used for commercial purposes' without substitution.

(Effective January 1, 2007)

SECTION 508

COMMERCIAL KITCHEN MAKEUP AIR

*Renumber Section 508.1 'Makeup air' as 508.2, renumber Section 508.2 'Compensating Hoods' as 508.3, and add new section 508.1 'General' as follows:

508.1 General. The State's minimum requirements for commercial kitchen makeup air Type I hoods shall be in accordance with the Life Safety Code NFPA 101 and NFPA 96. Commercial kitchen makeup air for Type II hoods shall comply with the requirements of this section.

(Effective January 1, 2007)

SECTION 509

FIRE SUPPRESSION SYSTEMS

*Delete Section 509.1 'Where required' and substitute the following to read:

509.1 Where required. The State's minimum requirements for fire suppression systems for commercial cooking equipment shall be established by the Life Safety Code and NFPA 96.

(Effective January 1, 2007)

CHAPTER 6

DUCT SYSTEMS

SECTION 603

DUCT CONSTRUCTION AND INSTALLATION

*Revise the first sentence Section 603.2 'Duct sizing' to read as follows:

603.2 Duct sizing. Ducts installed within a one- or two-family dwelling unit shall be designed and sized in accordance with ACCA Manual D or other approved methods. (Remainder of section left unchanged).

(Effective January 1, 2007)

*Revise section 603.6'Flexible air ducts and flexible air connectors' to read as follows:

603.6 Flexible air ducts and flexible air connectors.

(Beginning of section left unchanged.)

...Sections 606.6.2 through 603.6.4, Flexible air ducts and flexible air connectors, both metallic and nonmetallic, shall be installed and supported as specified in the SMACNA HVAC Duct Construction Standards-Metal and Flexible and the Air Diffusion Council Flexible Duct Performance and Installation Standards.

(Effective January 1, 2007)

*Revise second sentence of Section 603.9 'Joints, seams and connections' to read as follows:

603.9 Joints seams and connections. (First sentence left unchanged)....Duct construction standards. When required to be sealed, joints, longitudinal and transverse seams and connections in ductwork shall be securely fastened and sealed with welds, gaskets, mastics, (adhesives), mastic-plus-embedded-fabric systems or tapes, tape and mastics... ... (Remainder of section left unchanged).

(Effective January 1, 2007)

*Add new Section 603.9.1 'Sealing of low pressure metallic duct systems' to read as follows:

603.9.1 Sealing of low pressure metallic duct systems. Metallic ducts, fittings, elbows, register boots and boxes classified by a pressure rating of positive or negative 0.5 or 1.0 inches of water column, shall be sealed as specified for a Seal Class C in the SMACNA standard, HVAC Duct Construction Standards-Metal and Flexible. Longitudinal seams using a machine-made locking seam are not required to be sealed for these pressure classes.

Exception: Sealing is not required for negative low pressure exhaust ductwork.

(Effective January 1, 2007)

SECTION 606

SMOKE DETECTION SYSTEMS CONTROL

*Rename Section 606.2.1 'Return air systems' as 'Supply air systems' and revise first paragraph to read as follows:

606.2.1 Supply air systems: Smoke detectors shall be installed in supply air systems with a design capacity greater than 2,000 cfm (0.9 m/s)....

(Effective January 1, 2007)

*Revise Section 606.2.2 'Common supply and return air systems' as 'Common supply air systems' and delete all occurrences of the word "return" from the text.

(Effective January 1, 2007)

CHAPTER 8

CHIMNEYS AND VENTS

SECTION 804

DIRECT-VENT, INTEGRAL VENT AND MECHANICAL DRAFT

SYSTEMS

*Revise requirement #3 of Section 804.3.8 'Mechanical draft systems for manually fired appliances andfireplaces' to read as follows:

804.3.8 Mechanical draft systems for manually fired appliances and fireplaces. Requirement #3. A smoke detector powered by the building wiring and equipped with a battery back-upshall be installed in the room with the appliance or fireplace.

(Effective January 1, 2007)

CHAPTER 9

SPECIFIC APPLIANCES, FIREPLACES AND SOLID FUEL-

BURNING EQUIPMENT

SECTION 917

COOKING APPLIANCES

*Delete Section 917.2 'Prohibited location'without substitution.

(Effective January 1, 2007)

*Delete Section 917.3 'Domestic appliances'without substitution.

(Effective January 1, 2007)

CHAPTER 10

BOILERS, WATER HEATERS AND PRESSURE VESSELS

SECTION 1001

GENERAL

*Revise Section 1001.1'Scope' to add at the end of first paragraph as follows:

1001.1 Scope. ...and pressure vessels.The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

(Effective January 1, 2007)

SECTION 1007

BOILER LOW-WATER CUTOFF

*Revise Section 1007.1 'General' to add at the end as follows:

1007.1 General. ...low-water cutoff control. In lieu of the low-water cutoff control, a flow switch or other mechanism as recommended by the manufacturer shall be allowed for water tube boilers.

(Effective January 1, 2007)

CHAPTER 11

REFRIGERATION

SECTION 1105

MACHINERY ROOM, GENERAL REQUIREMENTS

*Renumber Section [F] 1105.3 'Refrigerant detector' as 1105.3 and revise to read as follows:

[F] 1105.3 Refrigerant detector. Refrigerant detectors in machinery rooms shall be provided as required in accordance with ASHRAE 15.

(Effective January 1, 2007)

SECTION 1106

MACHINERY ROOM, SPECIAL REQUIREMENTS

*Renumber Section [F] 1106.5 'Remote Controls' to read as follows:

1106.5 Remote controls. Remote control of the mechanical equipment and appliances located in the machinery room shall be provided as required by "ASHRAE Standard 15".

(Effective January 1, 2007)

*Revise Section [F] 1106.6 'Emergency signs and labels' as 1106.6 and revise to read as follows:

[F] 1106.6 Emergency signs and labels. Refrigeration units and systems shall be provided with approved emergency signs, charts, and labels in accordance with ASHRAE 15.

(Effective January 1, 2007)

CHAPTER 12

HYDRONIC PIPING

SECTION 1206

PIPING INSTALLATION

*Revise Section 1206.8 'Steam piping pitch' to add at the end as follows:

1206.8 Steam piping pitch. ...the steam piping. Branch piping from steam mains shall be taken off at the top of the pipe.

(Effective January 1, 2007)

CHAPTER 13

FUEL OIL PIPING AND STORAGE

SECTION 1301

GENERAL

*Revise Section 1301.1 'Scope' to add at the end as follows:

1301.1 Scope. ...International Fire Code. The State's minimum requirements for fuel oil piping and storage shall be as established by the Georgia State Minimum Fire Safety Standards and the Rules and Regulations of the Georgia Insurance and Safety Fire Commissioner. Any areas not addressed by the Georgia State Minimum Fire Safety Standards shall be regulated by this chapter.

(Effective January 1, 2007)

CHAPTER 14

SOLAR SYSTEMS

SECTION 1402

INSTALLATION

*Add new Section 1402.8 'Protection of drains' to read as follows:

1402.8 Protection of drains. Drains serving heat transfer fluids over 140°F (60°C) or which are toxic or corrosive shall be protected in accordance with the requirements of The International Plumbing Code.

(Effective January 1, 2007)

*Add new Section 1402.9'Warning label' to read as follows:

1402.9 Warning label. Drains in solar systems where high temperature, high pressure, or hazardous fluids are discharged shall have a warning label. For hazardous fluids, the label shall describe the hazardous properties of the fluid and emergency first aid procedures.

Valves regulating such a discharge shall not be readily accessible to unauthorized personnel.

(Effective January 1, 2007)

CHAPTER 15

REFERENCED STANDARDS

*Revise Chapter 15 'Referenced Standards' to add as follows:

Air Diffusion Council

1000 East Woodfield Road

ADC Schaumburg, IL 60173-5921

Standard reference number

Title

Referenced in code section number

Flexible Duct Performance and Installation Standards (Fourth Edition 2003)

603.6, GA Amendments

American Society of Heating, Refrigeration and Air Conditioning Engineers, Inc. 1791 Tullie Circle, NE

ASHRAE Atlanta, GA 30329-2305

Standard reference number

Title

Referenced in code section number

90.1--2004

Energy Standard for Buildings Except Low-rise Residential Buildings

309.1, GA Amendments

62.1--2004

Ventilation for Acceptable Indoor Air Quality

401.7, GA Amendments

405.2, GA Amendments

15--2001

Safety Standard for Refrigeration Systems

1105.3, 1106.5, 1106.6, GA Amendments

National Fire Protection Association

Batterymarch Park

NFPA Quincy, MA 02269

Standard reference number

Title

Referenced in code section number

96

Standard for Ventilation and Fire Protection of Commercial Cooking Operations

506.1, 507.1, 508.1, 509.1, GA Amendments

101

Life Safety Code

506.1, 507.1, 508.1, 509.1, GA Amendments

Sheet Metal & Air Conditioning Contractors National Assoc. Inc. 4021 Fafayette Center Road

SMACNA Chantilly, VA 22021

Standard reference number

Title

Referenced in code section number

SMACNA--95 HVAC

Duct Construction Standards-Metal and Flexible

603.6, GA Amendments

(Effective January 1, 2007)

*Add new Appendix C 'Design and Installation of Residential Flexible Ductwork Systems.' This appendix is not enforceable unless it has been specifically adopted by the authority having jurisdiction.

(Effective January 1, 2007)

APPENDIX C

DESIGN AND INSTALLATION OF RESIDENTIAL FLEXIBLE

DUCTWORK SYSTEMS

A. SCOPE

1. This information is intended to assist contractors, installers and code officials in the proper design and installation of flexible ductwork systems. The information presented in this document comes primarily from sources in the International Mechanical Code including referenced standards and Georgia Amendments.

2. It is recommended as a guide that HVAC system documentation, including owner's manuals, manufacturer's installation instructions and a sketch of the duct system design that details duct size and approximate duct lengths be provided to the building owner or posted on the air handling unit or furnace. (See sample Duct System Design Sketch). Documentation should also include Manual J calculations.

B. GENERAL

1. The routing and length of flexible duct, the numbers of degrees of each bend and the amount of sag allowed between support joints will have serious effects on system performance due to the increased resistance each introduces. Use the minimum length of flexible duct to make connections. Do not install excess lengths of ducts to allow for possible future relocations of air terminal devices.

2. Flexible air duct trunk lines should not be limited in length. It is recommended as a guide that flexible air duct branch takeoffs (run-outs), flexible air ducts direct to boots from the plenum and flexible ducts in radial duct systems be limited in length to 25 feet (7620 mm). The preferred duct geometry is a "Trunk and Branch" system (see ACCA Manual D Figures 1-4 and 10-7).

3. Flexible air ducts, both metallic and nonmetallic, should be tested in accordance with UL 181. Such ducts should be listed and labeled as Class 0 or Class 1 flexible air ducts.

4. Flexible duct is for indoor use only; do not install product where exposure to direct sunlight can occur. Prolonged exposure to sunlight may cause deterioration of vapor barrier.

5. The inner core may degrade if the duct is positioned near a bio-treatment lamp (UV emitter) installed within the HVAC system.

6. Terminal devices should be supported independently of the flexible duct.

7. Repair torn or damaged vapor barrier/jacket with duct tapes listed and labeled to UL 181B; if internal core is penetrated, replace flexible duct or treat as a splice (see Section E below).

C. SYSTEM SIZING AND DESIGN

Flexible air duct systems should be sized and designed in accordance with ACCA Manual D for residential duct systems or other ICC referenced engineering standards based on the following:

1. Calculation of the supply air for each room should be based on the greater of the heating load or sensible cooling load for that room as determined by a heat loss-heat gain calculation per ACCA Manual J or the ASHRAE Handbook of Fundamentals.

2. Duct size should be determined by:

a) The supply air requirements of each room.

b) The available static pressure of the blower.

c) The total equivalent length of the various duct runs, duct fittings and terminal devices.

3. Flexible duct and flexible connectors should be sized to deliver the required airflow (as calculated in Step 1 above) in strict accordance with the manufacturer's sizing recommendations, the ACCA Manual D friction chart (Appendix 2, Chart 7) or other appropriate IMC standards. (Flexible duct sizing calculators are available from manufacturers or industry associations).

4. The dwelling should be constructed with adequate space and chases to accommodate all flex ducts without them being compressed or bent in a radius less than one duct diameter, and to avoid bending across sharp corners or incidental contact with metal fixtures, pipes or conduits.

5. Sufficient space should be provided adjacent to all mechanical components located in or forming a part of the air distribution system to assure adequate access for:

a) Construction and sealing

b) Inspection

c) Cleaning and maintenance

D. INSTALLATION

1. Install duct fully extended; do not install in the compressed state or use excess lengths. This will noticeably decrease friction losses.

2. Avoid bending ducts across sharp corners or incidental contact with metal fixtures, pipes or conduits. Radius at center line should not be less than one duct diameter.

3. Do not install near hot equipment (e.g., furnaces, boilers, steam pipes, etc.) that is above the recommended flexible duct use temperature.

4. Do not use for vertical risers in air ducts systems serving more than two floors.

5. Avoid installations where exposure to direct or indirect sunlight or UV producing air treatment devices can occur. Prolonged exposure to sunlight or UV light may cause degradation of the core material or the vapor barrier.

6. Should not be installed within 4 inches (101.6 mm) of hot equipment (furnaces, boilers, steam pipes, etc.) that is above 250o F (121o C).

7. Should not penetrate walls where fire dampers are required.

8. Should not be installed in concrete, buried below grade or in contact with the ground.

E. CONNECTING AND SPLICING FLEXIBLE DUCT

1. All connections, joints and splices should be made in accordance with the manufacturer's installation instructions. (See flexible duct connections and splicing diagrams below).

2. All tapes, mastics and non-metallic fasteners (plastic clamps) used for field installation of flexible ducts should be listed and labeled to UL 181B, Closure Systems for Use With Flexible Air Ducts and Air Connectors. Non-metallic fasteners are limited to 6 inch w.g. (water gauge) maximum positive pressure.

3. Sheet metal collars to which flexible ducts are attached should be a minimum of 2 inches (50.8 mm) in length and should be beaded.

4. Sheet metal sleeves used for joining two sections of flexible duct should be a minimum of 4 inches (101.6 mm) in length and should be beaded on both ends.

F. SUPPORTING FLEXIBLE DUCT

1. Flexible duct shall be supported at manufacturer's recommended intervals, but at no greater distance than 5 feet (1524 mm). Maximum permissible sag is 1/2 inch per foot of spacing between supports.

2. Hanger or saddle material in contact with the flexible duct should be of sufficient width (minimum 1 1/2" (38 mm)) to prevent any restriction of the internal diameter of the duct when the weight of the supported section rests on the hanger. Individual ducts should be separately supported.

3. Flexible ducts may rest on ceiling joists or truss supports. Maximum spacing between supports should not exceed the maximum spacing per manufacturer's installation instructions.

4. Support the duct between a metal connection and a bend by allowing the duct to extend straight for a few inches before making the bend.

5. Vertically installed duct should be stabilized by support straps at a maximum of 6 feet (1829 mm) on center.

G. SOURCE MATERIAL

Information for these recommendations was compiled from these code sources:

International Mechanical Code, 2006 Edition, with Georgia Amendments.

Flexible Duct Performance and Installation Standards (4th ed.) - Air Diffusion Council

Manual D-Residential Duct Systems - Air Conditioning Contractors of America (ACCA)

HVAC Duct Construction Standards-Metal and Flexible (1995 ed.) - Sheet Metal and Air Conditioning Contractors' National Association, Inc. (SMACNA)

Additional information was also compiled from these documents

Uniform Mechanical Code, 2003 Edition, Appendix A: Standard for Installation of Factory-Made Air Ducts

Florida Mechanical Code, Section 610: Air Distribution Systems

End of Amendments.

History

• Authority: Authority O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of the 2006 International Building Code with Georgia Amendments, the 2006 International Residential Code for One- and Two-Family Dwellings with Georgia Amendments, the 2006 International Fire Code with Georgia Amendments, the 2006 International Plumbing Code with Georgia Amendments, the 2006 International Mechanical Code with Georgia Amendments, the 2006 International Fuel Gas Code with Georgia Amendments, Georgia Amendment to the 2000 International Energy Conservation Code, effective Jan. 1, 2007" adopted. F. Nov. 9, 2006; eff. January 1, 2007, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.17 State Codes Advisory Committee (SCAC) Plan Review Appeals Subcommittee and Affidavit of Plan Review

When, as provided for in, and in accordance with, paragraphs (12)(B) and (15) of subsection (g) of Code Section 8-2-26 of Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated (O.C.G.A.), a decision by a local building official is appealed to the Department of Community Affairs, a Plan Review Appeals Subcommittee, as established herein, shall be convened to review and rule upon the appeal.

Each such subcommittee is to be comprised of six (6) members of the Department's State Codes Advisory Committee (SCAC): four (4) county and municipal building officials, all of whom will serve on every such subcommittee, and two (2) members appointed by the chairman of the SCAC whose experience uniquely qualifies them in the subject area of, or whose individual fields of expertise are closely related to, the subject matter being appealed.

In order for a Plan Review Appeals Subcommittee to be convened to review and rule upon an appeal, the appeal must be properly filed with the Department. 'Proper filing' shall mean forwarding the following information via certified mail to the Construction Codes and Industrialized Buildings Section of the Department:

A notarized affidavit filed by the appellant containing thorough descriptions of (a) the decision by the local building official and (b) the nature of the dispute; (c) specific code citations (e.g. code(s), edition(s), section(s), subsection(s), state/local amendment(s), etc.) applicable to the subject matter in dispute.

A filing fee in the amount of one-hundred dollars, in the form of a cashier's check, made payable to the "Georgia Department of Community Affairs," paid by the party appealing the decision by the local building official; and

Any and all documentation from either of the disputing parties which may assist the subcommittee in its review (none will be accepted by the subcommittee after the receipt of a properly filed appeal).

The subcommittee shall consider the materials submitted, review the applicable construction codes and shall have a maximum of sixty (60) days from the date of receipt of a properly filed appeal to convene, review and rule upon the appeal. Upon the Plan Review Appeals Subcommittee making its finding, the Department shall forward copies of the subcommittee's ruling to each of the disputing parties. The ruling of the Plan Review Appeals Subcommittee shall be binding.

AFFIDAVIT OF PLAN REVIEW BY PRIVATE PROFESSIONAL PROVIDER

I, ____________________, the undersigned, have reviewed the construction plans submitted by

AFFIANT'S NAME (PRINT)

______________, dated _________________, for work proposed to be completed at

COMPANY NAME (PRINT) DATE ON PLANS

the construction site address below, and hereby certify under oath that the following is true and correct to the best of my

knowledge and belief and in accordance with the applicable professional standard of care:

A) The plans were reviewed by me, the affiant, who is duly authorized to perform plan review pursuant to subsection (g) of Code Section 8-2-26 of Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated (O.C.G.A.), and who holds the appropriate license or certifications and insurance coverage stipulated in subsection (g) of Code Section 8-2-26;

B) The plans comply with the Georgia State Minimum Standard Codes for construction most recently adopted by the Department of Community Affairs, with Georgia State Amendments, and any locally adopted ordinances and amendments to such codes; and

C) 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.

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AFFIANT'S SIGNATURE

DATE

---

AFFIANT'S LICENSE/CERTIFICATION TYPE

---

---

---

---

AFFIANT'S LICENSE/CERTIFICATION NUMBER

COUNTY/MUNICIPALITY TO RECEIVE/MAINTAIN THIS AFFIDAVIT

AFFIANT'S ADDRESS COUNTY/MUNICIPALITY ADDRESS

---

AFFIANT'S TELEPHONE NUMBER COUNTY/MUNICIPALITY TELEPHONE NUMBER

Sworn to and subscribed before me this__________ day of, 20. ___________________

Notary Public

My commission expires:________

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SUBMITTING COMPANY'S ADDRESS

---

SUBMITTING COMPANY'S TELEPHONE NUMBER

Notary Seal

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CONSTRUCTION SITE ADDRESS

---

CONSTRUCTION SITE TELEPHONE NUMBER

Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, GA 30329-2231

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "State Codes Advisory Committee (SCAC) Plan Review Appeals Subcommittee and Affidavit of Plan Review by Private Professional Provider" adopted. F. Nov. 9, 2006; eff. Jan. 1, 2007, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.18 Adoption of the 2006 International Energy Conservation Code with Georgia Amendments, Georgia Amendments to the 2006 International Fuel Gas Code, the 2006 International Mechanical Code, the 2006 International Plumbing Code, and the 2006 International Residential Code for One- and Two-Family Dwellings, effective January 1, 2008

GEORGIA STATE MINIMUM STANDARD ENERGY CODE (INTERNATIONAL ENERGY CONSERVATION CODE WITH GEORGIA STATE SUPPLEMENTS AND AMENDMENTS)

The INTERNATIONAL ENERGY CONSERVATION CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Supplements and Amendments, shall constitute the official Georgia State Minimum Standard Energy Code.

GEORGIA STATE SUPPLEMENTS AND AMENDMENTS

SCOPE:

Each chapter of these Georgia State Supplements and Amendments corresponds with a chapter of the International Energy Conservation Code (IECC).

Chapter 1: Administration.

Chapter 2: Definitions.

Chapter 3: Climate Zones.

"Climate zones from Figure 301.1 or Table 301.1 shall be used in determining the applicable requirements from Chapters 4 and 5."

Chapter 4: Residential Energy Efficiency.

Compliance Pathways for Low-Rise Residential Construction:

Any of those delineated in this chapter; or

REScheck1

Chapter 5: Commercial Energy Efficiency.

Compliance Pathways for Commercial and High-Rise Residential Construction:

Any of those delineated in this chapter; or

COMcheck1

Chapter 6: Referenced Standards.

Appendices A-E

Throughout the appendices there is information that may be helpful in meeting and understanding the Georgia State Minimum Standard Energy Code. In cases of conflict, refer to the IECC for clarification.

1.REScheck and COMcheck are computer programs developed by Pacific Northwest National Laboratories for the U.S. Department of Energy (D.O.E.) to assist in demonstration of compliance with the IECC. They may be obtained from the D.O.E. by calling (800) 270-CODE (2633) or free of charge online at www.energycodes.gov [File Link Not Available]. When following the REScheck compliance pathway, select the Georgia Version. When following the COMcheck compliance pathway, select the Georgia Version (based on ASHRAE/IESNA Standard 90.1-2004 [with 2008 Georgia State Supplements and Amendments to the 2006 IECC]).

The 'basic requirements' of the IECC apply to all compliance methods.

Where these Georgia State Supplements and Amendments conflict with either the IECC or ASHRAE/IESNA Standard 90.1, these Georgia State Supplements and Amendments shall take precedence.

Air infiltration accounts for substantial heat loss, heat gain and moisture migration in a building Proper sealing around all doors, windows and other envelope penetrations through the walls, ceiling and foundation is as important to code compliance as are proper insulation R-values and component U-factors.

It is not the intention of this code to abridge safety or health. Where the IECC and these Georgia State Supplements and Amendments conflict with other mandatory State Minimum Standard Codes, the IECC and these Georgia State Supplements and Amendments shall be enforced as written provided safety, health or environmental requirements of other mandatory State Minimum Standard Codes are not abridged.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

CHAPTER 1

ADMINISTRATION

SECTION 101

SCOPE AND GENERAL REQUIREMENTS

*Delete Section 101.1, 'Title', without substitution.

(Effective January 1, 2008)

*Delete Section 101.4.4,"Change in occupancy', without substitution.

(Effective January 1, 2008)

SECTION 102

MATERIALS, SYSTEMS AND EQUIPMENT

*Revise Section 102.1.1,"Building thermal envelope insulation', by adding at end as follows:

102.1.1 Building thermal envelope insulation.

(Beginning of section left unchanged.)

...the job site. Insulation should be installed and the envelope sealed in accordance with Appendix A,"AIR SEALING KEY POINTS'.

(Effective January 1, 2008)

SECTION 104

CONSTRUCTION DOCUMENTS

*Delete SECTION 104,"CONSTRUCTION DOCUMENTS', without substitution.

(Effective January 1, 2008)

SECTION 105

INSPECTIONS

*Delete SECTION 105,"INSPECTIONS', without substitution.

(Effective January 1, 2008)

CHAPTER 2

DEFINITIONS

*Add definition of "AIR BARRIER' as follows:

AIR BARRIER. Any material that blocks air flow between a conditioned space and an unconditioned space, including necessary sealing to block excessive air flow at edges and seams. (Information on proper air sealing may be found in Appendix A,"AIR SEALING KEY POINTS', on the U.S. Department of Energy's Building America website

[www.eere.energy.gov/buildings/building_america], and in the Energy and Environmental Building Association's [EEBA's] Builders Guides [www.eeba.org]. These references include guidance on identifying and sealing air barriers.)

(Effective January 1, 2008)

*Add definition of "ATTIC KNEEWALL' as follows:

ATTIC KNEEWALL. Any vertical or near-vertical wall in the building envelope that has conditioned space on one side and unconditioned attic space on the other side. If the envelope features the insulation installed along the sloped ceiling, the vertical wall is considered an interior wall and thus does not require insulation.

(Effective January 1, 2008)

*Add definition of "GREEN ROOF' as follows:

GREEN ROOF.Roof envelope surfaces that are either extensively and/or intensively vegetated, containing from 3 inches to 24 inches (76 mm to 610 mm) or more of growing medium, applied over a multi-layered waterproofing membrane that includes insulation and drainage/moisture retention elements.

(Effective January 1, 2008)

*Revise definition of "R-VALUE (THERMAL RESISTANCE)' by adding at end as follows:

R-VALUE (THERMAL RESISTANCE).

(Beginning of definition left unchanged.)

...per unit area (h-ft2-°F/Btu) [(m2-;K)/W]. All R-values shall be stabilized (aged minimum 2 years) R-values.

(Effective January 1, 2008)

CHAPTER 4

RESIDENTIAL ENERGY EFFICIENCY

SECTION 401

GENERAL

*Revise Section 401.3,"Certificate', by revising first sentence and adding at end as follows:

401.3 Certificate.A permanent certificate shall be readily accessible and shall be posted on or near the electrical distribution panel or air handler. The certificate shall be.

(Middle part of section left unchanged.)

.water heating equipment. The certificate shall also list the calculated heating load, sensible cooling load, latent cooling load and cfm for space conditioning.

(Effective January 1, 2008)

SECTION 402

BUILDING THERMAL ENVELOPE

*Delete Tables 402.1.1,"Insulation And Fenestration Requirements By Componenta ', and 402.1.3, "Equivalent U-Factorsa ', and substitute by adding new Table 402.1.1,"Insulation And Fenestration Requirements By Componenta ', as follows:

TABLE 402.1.1

INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENTa

CLIMATE ZONE

FENESTRATION

U-FACTORb

SKYLIGHT U-

FACTORb

GLAZED FENESTRATION

SHGCb

CEILING R-

VALUEc

WOOD FRAME WALL R-

VALUEd

ATTIC

KNEEWALLe

2

0.65

0.75

0.40

R-30 or U-0.030

R-13 or U-0.082

R-18 or U-0.065

3

0.65

0.65

0.40

R-30 or U-0.030

R-13 or U-0.082

R-18 or U-0.065

4

0.40

0.60

0.40

R-38 or U-0.025

R-13 or U-0.082

R-18 or U-0.065

CLIMATE ZONE

MASS WALL R-VALUE

FLOOR R-

VALUEf

BASEME NT WALL R-

VALUEg,j

SLAB

R-

V A LU E

AND

DEPTH

h

CRAWL SPACE WALL R-

VALUEi,j

2

R-5 or U-0.141

R-13 or U-0.064

R-0

U-0.36

0

R-0

U-0.477

3

R-5 or U-0.141

R-19 or U-0.047

5/13

U-0.136

0

5/13

U-0.136

4

R-5 or U-0.141

R-19 or U-0.047

5/13

U-0.136

0

5/13

U-0.136

For SI: 1 foot = 304.8 mm.

a.R-values are minimums. U-factors and SHGC are maximums. R-19 shall be permitted to be compressed into a 2 × 6 cavity. Nonfenestration U-factors shall be obtained from measurement, calculation or an approved source.

b.The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration, including doors 50 percent or more glazed. One door or window (or up to 15 square feet [1.4 m2] of glazed fenestration) may be exempt from meeting the U-factor and SHGC.

c.Ends and sides of ceiling joist cavity shall be blocked with an approved air barrier. Flat ceiling insulation shall be in contact with interior side of ceiling. Ceiling areas without attic space in Climate Zone 4 may be R-30 (maximum of 25 percent of ceiling area). For HVAC platform and floored access path areas, ceiling insulation may be reduced to R-19.

d.All vertical insulation shall be in substantial contact with an air barrier on all six (6) sides.

Exceptions:

1.Unfinished basements (insulation shall be restrained to stay in place).

2.On interior side of wall in Climate Zones 2 and 3 behind tubs, showers and fireplaces (insulation shall be restrained to stay in place).

e.R-13 + R-5, R-15 + R-3, or R-19 compressed into a 2 × 6 cavity is deemed to meet R-18 minimum requirement. Attic side shall have a sealed air barrier.

f.Floor insulation shall be installed to maintain permanent contact with the underside of the subfloor decking, and insulation ends shall be blocked. Cantilevered floors shall be R-30 and band area above exterior wall shall be blocked.

g.R-5 is mass and R-13 is cavity and band. For basements with no direct conditioning, either the floor or all of the basement walls shall be insulated. For basements with direct conditioning, all of the basement walls shall be insulated.

h.Unheated slabs. Heated slabs shall have exterior edge insulated to R-5 to a depth of 2 feet (610 mm). Insulation located below grade shall be in compliance with Section 402.2.7.

i.See Section 402.2.8 of these Georgia State Supplements and Amendments.

j.Consideration should be given for mold, moisture, and for termite inspection and treatment.

Georgia is Climate Zone 3

Exceptions:

1.Climate Zone 2 Counties: Appling, Atkinson, Bacon, Baker, Berrien, Brantley, Brooks, Bryan, Camden, Charlton, Chatham, Clinch, Colquitt, Cook, Decatur, Echols, Effingham, Evans, Glynn, Grady, Jeff Davis, Lanier, Liberty, Long, Lowndes, McIntosh, Miller, Mitchell, Pierce, Seminole, Tattnall, Thomas, Toombs, Ware and Wayne.

2.Climate Zone 4 Counties: Banks, Catoosa, Chattooga, Dade, Dawson, Fannin, Floyd, Franklin, Gilmer, Gordon, Habersham, Hall, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White and Whitfield.

(Effective January 1, 2008)

*Revise Section 402.2.8,"Crawl space walls', to read as follows:

402.2.8 Crawl space walls. As an alternative to insulating floors over crawl spaces, crawl space walls shall be permitted to be insulated when the crawl space is not vented to the outside. Crawl space wall insulation shall be permanently fastened to the wall and extend downward from the floor to within 9 inches (229 mm) of the finished interior grade adjacent to the foundation wall. A 3-inch (76 mm) inspection/view strip immediately below the floor joists shall be provided to permit inspections for termites. Exposed earth in unvented crawl space foundations shall be covered with a continuous vapor retarder (minimum 6-mil [0.15 mm]). All joints of the vapor retarder shall overlap by 6 inches (152 mm) and be sealed or taped. The edges of the vapor retarder shall extend at least 6 inches (152 mm) up the stem wall and shall be attached and sealed to the stem wall.

(Effective January 1, 2008)

*Add new Section 402.3.7,"Weather-stripped access doors', as follows:

402.3.7 Weather-stripped access doors. Weather-stripped access doors (maximum U-0.35), weather-stripped hatches/scuttle hole covers (minimum R-19 insulation or maximum U-0.05), or weather-stripped disappearing/pull-down stairs (maximum U-0.35) shall be calculated as a sub-element with a U-factor of U-0.05 or insulation R-value of R-19. Weather-stripping, factory applied or approved by the local building official, shall be deemed to meet the sealing requirements of Section 402.4.1.

(Effective January 1, 2008)

*Delete Option #3 from Section 402.4.3,"Recessed lighting'.

(Effective January 1, 2008)

*Add new Section 402.4.4,"Air barriers', as follows:

402.4.4 Air barriers. Materials used as air barriers shall have air leakage of less than 0.004 cfm per square foot (0.02 L/s/m2) when tested in accordance with ASTM E 2357 or ASTM E 2178, and ASTM E 283.

(Effective January 1, 2008)

*Add new Section 402.7,"Minimum insulation values for envelope components. (Mandatory).', as follows:

402.7 Minimum insulation values for envelope components. (Mandatory). The minimum insulation R-values and maximum fenestration U-factors for thermal envelope components in projects complying under Sections 402.1 through 402.3 (Prescriptive and

Total UA, including use of REScheck) shall be according to Table 402.7.1 of these Georgia State Supplements and Amendments.

(Effective January 1, 2008)

*Add new Table 402.7.1,"Summary Of Minimum Insulation R-Values And Maximum U-Factors For Envelope Components', as follows:

TABLE 402.7.1

SUMMARY OF MINIMUM INSULATION R-VALUES AND MAXIMUM U-FACTORS FOR ENVELOPE COMPONENTS

ELEMENT1

MODE

MINIMUM

R-

VALUE

OR

MAXIMUM

U-

FACTOR

Walls Stud

Heating or Cooling

R-13

Walls Masonry/CMU2

Heating or Cooling

R-5

Attic Kneewalls3

Heating or Cooling

R-18

Roof/Ceiling

Heating or Cooling

R-19

Floor Over Unheated Spaces

Heating or Cooling

R-13

Windows4

Heating or Cooling

U-0.65 with

Maximum

0.40

SHGC

1.Weather-stripped access doors (maximum U-0.35), weather-stripped hatches/scuttle hole covers (minimum R-19 insulation or maximum U-0.05), or weather-stripped disappearing/pull-down stairs (maximum U-0.35) shall be deemed to meet the minimum insulation R-values of any element.

2.Any mass wall above or below grade.

Exception: Climate Zone 2.

3.See definition of "ATTIC KNEEWALL' in these Georgia State Supplements and Amendments.

4.Maximum window U-factor shall be 0.65 and maximum SHGC shall be 0.40.

(Effective January 1, 2008)

SECTION 403

SYSTEMS (Mandatory)

*Revise Section 403.2.1, 'nsulation', to read as follows:

403.2.1 Insulation. Supply and return ducts in unconditioned attics and exterior locations shall be insulated to a minimum of R-8. All other ducts located outside the building thermal envelope shall be insulated to a minimum of R-6.

Exception: Ducts or portions thereof located completely inside the building thermal envelope.

(Effective January 1, 2008)

*Revise Section 403.2.2, 'Sealing', to read as follows:

403.2.2 Sealing. All ducts, air handlers, filter boxes, and building cavities used as ducts shall be sealed. Joints and seams shall comply with Section M1601.3.1 of the International Residential Code. Air handlers with a manufacturer's designation for an air leakage of no more than 2 percent of the design air flow rate when tested at an air pressure of 1-inch water gauge when all air inlets, air outlets, and condensate drain port(s) are sealed shall be deemed sealed. Air handlers with filter boxes shall be tested with the filter box in place.

(Effective January 1, 2008)

CHAPTER 5

COMMERCIAL ENERGY EFFICIENCY

SECTION 501

GENERAL

*Add new Section 501.3, 'ASHRAE/IESNA Standard 90.1 compliance pathway', (title only) as follows:

501.3 ASHRAE/IESNA Standard 90.1 compliance pathway.

(Effective January 1, 2008)

*Add new Section 501.3.1, 'Permanently vegetative green roofs', as follows:

501.3.1 Permanently vegetative green roofs. When following the ASHRAE/IESNA Standard 90.1 compliance pathway, any portions of a roof that are permanently vegetative green roofs may use the Roof U-Factor Multipliers of [ASHRAE/IESNA Standard 90.1] Table 5.5.3.1 for calculation of minimum roof U-factor.

(Effective January 1, 2008)

*Add new Table 501.3.2, 'Assembly U-Factors For Metal Building Roofs', (ASHRAE/IESNA Standard 90.1 Table A2.3, 'Assembly U-Factors For Metal Building Roofs', with revisions) as follows:

TABLE 501.3.2

ASSEMBLY U-FACTORS FOR METAL BUILDING ROOFS1

INSULA

TION

SYSTEM

RATED R-

VALUE OF INSULAT

ION2

TOTAL

RATED

R-

VALUE

OF

INSULA

TION

OVERAL

L U-

FACTOR

FOR

ENTIRE

BASE

ROOF

ASSEMB

LY

OVERALL U-FACTOR FOR ASSEMBLY OF BASE ROOF PLUS CONTINUOUS INSULATION

(UNINTERRUPTED BY FRAMING)

RATED R-VALUE OF CONTINUOUS INSULATION

R-5.6

R-11.2

R-16.8

R-22.4

R-28.0

R-33.6

STANDING SEAM ROOFS WITH THERMAL BLOCKS

0.16 2

None

0

1.280

0.08

0.087

0.059

0.045

0.036

0.030

R-6

6

0.167

6

0.058

0.044

0.035

0.029

0.025

R-10

10

0.097

0.06 3

0.046

0.037

0.031

0.026

0.023

SINGLE LAYER

R-11

11

0.092

0.06

0.045

0.036

0.030

0.026

0.022

R-13

13

0.083

1

0.043

0.035

0.029

0.025

0.022

R-16

16

0.072

0.05

0.040

0.033

0.028

0.024

0.021

R-19

19

0.065

0.05 1

0.038

0.031

0.026

0.023

0.020

0.04

8

0.04 7

0.04 5

R-10+R-10

20

0.063

0.04

0.037

0.031

0.026

0.023

0.020

R-10+R-11 R-11+R-11

21 22

0.061 0.060

5

0.04 4

0.036 0.036

0.030 0.030

0.026 0.026

0.023 0.022

0.020 0.020

R-10+R-13

23

0.058

0.04

0.035

0.029

0.025

0.022

0.020

R-11+R-13

24

0.057

3

0.035

0.029

0.025

0.022

0.020

DOUBLE LAYER

R-13+R-13

26

0.055

0.04 2

0.034

0.029

0.025

0.022

0.019

R-10+R-19

29

0.052

0.04

0.033

0.028

0.024

0.021

0.019

R-11+R-19

30

0.051

0

0.032

0.027

0.024

0.021

0.019

R-13+R-19

32

0.049

0.04

0.032

0.027

0.023

0.021

0.019

R-16+R-19 R-19+R-19

35 38

0.047 0.046

0

0.03 8

0.031 0.030

0.026 0.026

0.023 0.023

0.020 0.020

0.018 0.018

0.03 7

0.03 7

SCREW DOWN ROOFS

R-10

10

0.153

0.08

0.056

0.043

0.035

0.029

0.025

R-11

11

0.139

2

0.054

0.042

0.034

0.028

0.025

R-13

13

0.130

0.07 8

0.053

0.041

0.033

0.028

0.024

R-19

19

0.085

0.07

0.044

0.035

0.029

0.025

0.022

0.05 8

FILLED CAVITY WITH THERMAL BLOCKS

R-19+R-10

29

0.041

0.03 3

0.028

0.024

0.021

0.0198

0.017

1.Based on purlins spaced five feet (1524 mm) on center. For other purlin spacing use Figure 6-2 to calculate overall U-factor.

2.Multiple R-values are listed in order from inside to outside.

(Effective January 1, 2008)

*Delete Tables 503.2.3(1), 503.2.3(2) and 503.2.3(5) and substitute as follows:

TABLE 503.2.3(1)

UNITARY AIR CONDITIONERS AND CONDENSING UNITS, ELECTRICALLY OPERATED, MINIMUM EFFICIENCY

EQUIPMENT TYPE

SIZE CATEGORY

SUB-CATEGORY OR RATING CONDITION

MINIMUM

EFFICIENCYb

TEST

PROCEDUREa

Air

Conditioners, Air Cooled

< 65,000

Split System

13.0 SEER

Btu/hd

Single Package

13.0 SEER

>= 65,000 Btu/h and

< 135,000 Btu/h

Split System and Single Package

10.3 EERc (before Jan 1, 2010)

11.2 EERc (as of Jan 1, 2010)

ARI 210/240

>= 135,000 Btu/h and

< 240,000 Btu/h

Split System and Single Package

9.7 EERc

(before Jan 1, 2010)

11.0 EERc (as of Jan 1, 2010)

ARI 340/360

>= 240,000 Btu/h and

< 760,000 Btu/h

Split System and Single Package

9.5 EERc

9.7 IPLVc

(before Jan 1, 2010)

10.0 EERc

9.7 IPLVc (as of Jan 1, 2010)

>= 760,000 Btu/h

Split System and Single Package

9.2 EERc

9.4 IPLVc

(before Jan 1, 2010)

9.7 EERc

9.4 IPLVc (as of Jan 1, 2010)

Through-the-Wall, A ir Cooled

< 30,000

Btu/hd

Split System

10.9 SEER (before Jan 23, 2010)

ARI 210/240

12.0 SEER (as of Jan 23, 2010)

Single Package 10.6 SEER (before Jan 23, 2010) 12.0 SEER (as of Jan 23, 2010)

Air

Conditioners, Water and Evaporatively Cooled

< 65,000 Btu/h

Split System and Single Package

12.1 EER

ARI 210/240

>= 65,000 Btu/h and

< 135,000 Btu/h

Split System and Single Package

11.5 EERc

>= 135,000 Btu/h and

< 240,000 Btu/h

Split System and Single Package

11.0 EERc

ARI 340/360

>= 240,000 Btu/h

Split System and Single Package

11.5 EERc

For SI: 1 British thermal unit per hour = 0.2931 W.

a.Chapter 6 contains a complete specification of the referenced test procedure, including the referenced year version of the test procedure.

b.IPLVs are only applicable to equipment with capacity modulation.

c.Deduct 0.2 from the required EERs and IPLVs for units with a heating section other than electric resistance heat.

d.Single-phase air-cooled air conditioners < 65,000 Btu/h are regulated by the National Appliance Energy Conservation Act of 1987 (NAECA), SEER values are those set by NAECA.

(Effective January 1, 2008)

TABLE 503.2.3(2)

UNITARY AND APPLIED HEAT PUMPS, ELECTRICALLY OPERATED, MINIMUM EFFICIENCY REQUIREMENTS

EQUIPMENT TYPE

SIZE CATEGORY

SUB-CATEGORY OR RATING CONDITION

MINIMUM

EFFICIENCYb

TEST

PROCEDUREa

Air Cooled (Cooling Mode)

< 65,000

Btu/hd

Split System

13.0 SEER

ARI 210/240

Single Package 13.0 SEER

>= 65,000 Btu/h and

< 135,000 Btu/h

Split System and Single Package

10.1 EERc (before Jan 1, 2010)

11.0 EERc (as of Jan 1, 2010)

>= 135,000 Btu/h and

< 240,000 Btu/h

Split System and Single Package

9.3 EERc

(before Jan 1, 2010)

10.6 EERc (as of Jan 1, 2010)

ARI 340/360

>= 240,000 Btu/h

Split System and Single Package

9.0 EERc

9.2 IPLVc

(before Jan 1, 2010)

9.5 EERc

9.2 IPLVc (as of Jan 1, 2010)

Through-the-Wall (Air Cooled, Cooling Mode)

< 30,000

Btu/hd

Split System

10.9 SEER (before Jan 23, 2010)

12.0 SEER (as of Jan 23, 2010)

ARI 210/240

Single Package 10.6 SEER (before Jan 23, 2010) 12.0 SEER (as of Jan 23, 2010)

Water Source

(Cooling Mode)

< 17,000 Btu/h

86°F Entering Water

11.2 EER

ARI/ASHRAE-13256-1

>= 17,000 Btu/h and

< 135,000 Btu/h

86°F Entering Water

12.0 EER

Groundwater Source (Cooling Mode)

< 135,000 Btu/h

59°F Entering Water

16.2 EER

ARI/ASHRAE-13256-1

Ground Source

(Cooling Mode)

< 135,000 Btu/h

77°F Entering Water

13.4 EER

ARI/ASHRAE-13256-1

Air Cooled

(Heating Mode)

< 65,000

Btu/hd

(Cooling Capacity)

Split System

7.7 HSPF

ARI 210/240

Single Package 7.7 HSPF

>= 65,000 Btu/h and

< 135,000

47°F db/43°F wb

3.2 COP (before Jan 1,

Btu/h

(Cooling Capacity)

Outdoor Air

3.3 COP

(as of Jan 1, 2010)

>= 135,000 Btu/h

(Cooling Capacity)

47°F db/43°F wb

Outdoor Air

3.1 COP

(before Jan 1, 2010)

3.2 COP

(as of Jan 1, 2010)

ARI 340/360

Through-the-Wall (Air Cooled, Heating Mode)

< 30,000

Btu/hd

Split System

7.1 HSPF

(before Jan 23, 2010)

7.4 HSPF

(as of Jan 23, 2010)

ARI 210/240

7.0 HSPF

Single Package (before Jan 23, 2010) 7.4 HSPF (as of Jan 23, 2010)

Water Source

(Heating Mode)

< 135,000 Btu/h

(Cooling Capacity)

68°F Entering Water

4.2 COP

ARI/ASHRAE-13256-1

Groundwater Source

< 135,000 Btu/h

50°F Entering Water

3.6 COP

ARI/ASHRAE-

(Heating Mode)

(Cooling Capacity)

13256-1

Ground Source

(Heating

Mode)

< 135,000 Btu/h

(Cooling Capacity)

32°F Entering Water

3.1 COP

ARI/ASHRAE-13256-1

For SI: °C = [(°F) - 32]/1.8, 1 British thermal unit per hour = 0.2931 W.

db = dry-bulb temperature, °F; wb = wet-bulb temperature, °F

a.Chapter 6 contains a complete specification of the referenced test procedure, including the referenced year version of the test procedure.

b.IPLVs and Part load rating conditions are only applicable to equipment with capacity modulation.

c.Deduct 0.2 from the required EERs and IPLVs for units with a heating section other than electric resistance heat.

d.Single-phase air-cooled heat pumps < 65,000 Btu/h are regulated by the National Appliance Energy Conservation Act of 1987 (NAECA), SEER and HSPF values are those set by NAECA.

(Effective January 1, 2008)

TABLE 503.2.3(5)

BOILERS, GAS- AND OIL-FIRED, MINIMUM EFFICIENCY REQUIREMENTS

EQUIPMENT

TYPEf

SIZE CATEGORY

SUB-CATEGORY OR RATING CONDITION

MINIMUM

EFFICIENCYb

TEST PROCEDURE

Boilers, Gas-Fired

< 300,000 Btu/h

Hot Water

80% AFUE

DOE 10 CFR Part 430

Steam 75% AFUE

>= 300,000 Btu/h and

>= 2,500,000 Btu/h

Minimum

Capacityb

75% Et and 80% Ec

DOE 10 CFR Part 431

> 2,500,000

Btu/hf

Hot Water

80% Ec

Steam 80% Ec

Boilers, Oil-Fired

< 300,000 Btu/h

---

80% AFUE

DOE 10 CFR Part 430

>= 300,000 Btu/h and

>= 2,500,000 Btu/h

Minimum

Capacityb

78% Et and 83% Ec

DOE 10 CFR Part 431

> 2,500,000

Btu/ha

Hot Water

83% Ec

Steam 83% Ec

Boilers, Oil-Fired (Residual)

>= 300,000 Btu/h and

>= 2,500,000 Btu/h

Minimum

Capacityb

78% Et and 83% Ec

DOE 10 CFR Part 431

> 2,500,000

Btu/ha

Hot Water

83% Ec

Steam 83% Ec

For SI: 1 British thermal unit per hour = 0.2931 W.

a.Chapter 6 contains a complete specification of the referenced test procedure, including the referenced year version of the test procedure.

b.Minimum ratings as provided for and allowed by the unit's controls.

c.Ec= Combustion efficiency (100 percent less flue losses). See reference document for detailed information.

d.Et= Thermal efficiency. See reference document for detailed information.

e.Alternative test procedures used at the manufacturer's option are ASME PTC-4.1 for units greater than 5,000,000 Btu/h input, or ANSI Z21.13 for units greater than or equal to 300,000 Btu/h and less than or equal to 2,500,000 Btu/h input.

f.These requirements apply to boilers with rated input of 8,000,000 Btu/h or less that are not packaged boilers, and to all packaged boilers. Minimum efficiency requirements for boilers cover all capacities of packaged boilers.

(Effective January 1, 2008)

CHAPTER 6

REFERENCED STANDARDS

*Revise referenced ARI standards as follows (standards not listed remain unchanged):

Air Conditioning and Refrigeration Institute

4301 North Fairfax Drive

Suite 200

ARIArlington, VA 22203

(Effective January 1, 2008)

*Add new Figure 6-1, 'F2-Values For Slab-On-Grade Perimeter Insulation', as follows:

FIGURE 6-1

F2-VALUES FOR SLAB-ON-GRADE PERIMETER INSULATION

R-VALUE OF INSULATION

(HORIZONTAL OR VERTICAL)

24 INCHES (610 mm)

36 INCHES (914 mm)

48 INCHES (1219 mm)

R-0

1.043

1.042

1.041

R-1

0.906

0.881

0.886

R-2

0.859

0.823

0.826

R-2.751

0.839

0.799

0.799

R-3

0.833

0.791

0.790

R-4

0.816

0.769

0.764

R-5

0.804

0.752

0.745

R-6

0.794

0.739

0.728

R-7

0.786

0.727

0.714

R-8

0.779

0.717

0.702

R-9

0.773

0.709

0.692

R-10

0.767

0.701

0.684

R-11

0.767

0.699

0.677

R-12

0.767

0.696

0.670

R-13

0.767

0.694

0.664

R-14

0.767

0.692

0.658

R-15

0.767

0.691

0.655

R-16

0.767

0.688

0.649

1.May use R-2.75 at 48 inches (1219 mm) in residential applications where carpet or hardwood on plywood is used as the finish floor treatment.

(Effective January 1, 2008)

*Add new Figure 6-2, 'Metal Roof U-Factors With R-19 Fiberglass Insulation Installed Over The Purlins1', as follows:

FIGURE 6-2

METAL ROOF U-FACTORS WITH R-19 FIBERGLASS INSULATION INSTALLED OVER THE PURLINS1

THROUGH-FASTENED METAL ROOF STANDING SEAM METAL ROOF2

PURLIN

SPACING3

U-FACTOR

PURLIN

SPACING3

U-FACTOR

2.0 feet

0.147

2.0 feet

0.112

2.5 feet

0.126

2.5 feet

0.096

3.0 feet

0.113

3.0 feet

0.086

3.5 feet

0.103

3.5 feet

0.079

4.0 feet

0.095

4.0 feet

0.073

4.5 feet

0.089

4.5 feet

0.068

5.0 feet

0.085

5.0 feet

0.065

1.Through-fastened metal roof values are based on ORNL/MBMA November 2004 User Agreement Report,"Tests of Through-Fastened Metal Roof Assemblies". Standing seam metal roof values are based on ASHRAE/IESNA Standard 90.1 for 5-foot purlin spacing and conservatively estimated for other spacing using the same relationship as through-fastened test data.

2.1-inch by 3-inch (25 mm by 76 mm) thermal block is required between metal roof and purlins.

3.For roofs with mixed spacing, calculate the average roof U-factor as shown below.

Example: Total roof is 8000 ft2 (743.22 m2) standing seam metal roof. 1600 ft2 (148.64 m2)-20% of it-is on purlins spaced at 21/2 feet (762 mm). 6400 ft2 (594.58 m2)-80% of it-is on purlins spaced at 5 feet (1524 mm). Average Roof U-Factor = 0.20 x 0.096 + 0.80 x 0.065 = 0.071.

(Effective January 1, 2008)

APPENDICES

Throughout these appendices there is information that may be helpful in meeting and understanding the Georgia State Minimum Standard Energy Code. In cases of conflict, refer to the 2006 International Energy Conservation Code for clarification.

APPENDIX A

AIR SEALING KEY POINTS

*Add new Appendix A, 'AIR SEALING KEY POINTS'. See pages 17 through 23.

(Effective January 1, 2008)

APPENDIX B

BUILDING THERMAL ENVELOPE

*Add new Appendix B, 'BUILDING THERMAL ENVELOPE'. See page 24.

(Effective January 1, 2008)

APPENDIX C

WINDOW PRODUCT RATING, CERTIFICATION AND LABELING

*Add new Appendix C, 'WINDOW PRODUCT RATING, CERTIFICATION AND LABELING'. See pages 25 through 26.

(Effective January 1, 2008)

APPENDIX D

SAMPLE CHECKLIST FOR WOOD FRAMING IN LOW-RISE RESIDENTIAL CONSTRUCTION

*Add new Appendix D, 'SAMPLE CHECKLIST FOR WOOD FRAMING IN LOW-RISE RESIDENTIAL CONSTRUCTION'. See page 27.

(Effective January 1, 2008)

APPENDIX E

SAMPLE CERTIFICATE WITH COMPLETED EXAMPLE

*Add new Appendix E,"SAMPLE CERTIFICATE WITH COMPLETED EXAMPLE'. See pages 28 through 29.

(Effective January 1, 2008)

End of Supplements and Amendments.

APPENDIX A

AIR SEALING KEY POINTS

APPENDIX B

BUILDING THERMAL ENVELOPE

APPENDIX C

WINDOW PRODUCT RATING, CERTIFICATION AND LABELING

Section 102.1.3 of the Georgia State Minimum Standard Energy Code requires that a fenestration product (i.e. windows, glass doors and skylights) be labeled with its U-factor and solar heat gain coefficient (SHGC). Fenestration product U-factors and SHGCs shall be determined by an accredited, independent laboratory in accordance with NFRC 100 (for U-factors) and NFRC 200 (for SHGCs), or from default values from Tables 102.1.3(1) and 102.1.3(2) (for U-factors) and Table 102.1.3(3) (for SHGC). Manufacturers that label their products with NFRC U-factors and SHGCs shall use an NFRC label (see sample NFRC label below). The label shall list as a minimum: U-factor, SHGC, frame type, number of panes of glazing, whether the window is fixed or operable, and the type of glazing tint (if present). The label shall contain the words "Meets Thermal Break Criteria" if the product claims a U-factor based on a thermal-break product.

NATIONAL FENESTRATION RATING COUNCIL (NFRC) U-FACTOR AND SHGC

Below is a sample window label of NFRC-determined energy performance values that code officials should look for during inspections:

FIGURE 102.1.3

Note: This sample window label also contains "Visible Transmittance" (VT) performance values. The Georgia State Minimum Standard Energy Code does not establish minimum requirements for VT, but this and other information that might be useful to builders, designers, consumers and others (e.g. air leakage rates) may also be present on labels used by some manufacturers.

APPENDIX C

WINDOW PRODUCT RATING, CERTIFICATION AND LABELING

(Continued)

If NFRC 100 and NFRC 200 are not used to determine product U-factor and SHGC, then manufacturers shall obtain default values from Tables 102.1.3(1) and 102.1.3(2) (for U-factors) and Table 102.1.3(3) (for SHGCs) and label the product with a Default Window Label. Manufacturers or assemblers shall label their products with default U-factors and SHGCs: For example, site-built and shop-assembled windows without NFRC labels shall follow the format of the sample Default Window Label below.

This label shall list as a minimum: Default U-factor from Tables 102.1.3(1) and 102.1.3(2), default SHGC from Table 102.1.3(3), frame type, number of panes of glazing, whether the window is fixed or operable, and the type of glazing tint (if present). The label shall contain the words "Meets Thermal Break Criteria" if the product claims a U-factor based on a thermal-break product.

DEFAULT U-FACTOR AND SHGC

Below is a sample window label of default energy performance values that code officials should look for during inspections (if no NFRC label):

DEFAULT Manufacturer/Assembler Certifying to Default U-Factor and Default SHGC:

Window Label XYZ Supply Co. Double Pane

Key Features: Operable Wood Frame Bronze Tint

U-FACTOR SHGC

(Default U-Factor from Tables 102.1.3(1) and 102.1.3(2)) 0.55 (Default SHGC from Table 102.1.3(3)) 0.6

APPENDIX D

SAMPLE CHECKLIST FOR WOOD FRAMING IN LOW-RISE RESIDENTIAL CONSTRUCTION

(To be filled out by permit applicant and presented to Building Department at time permit is requested. A copy must be available at the job site for Code Enforcement Officer's review.)

New Building or Renovation?

Which One:

ENTRY OR CHECKMARK (IF APPLICABLE)

Ceilings

Access to Attic Area (Minimum R-3)

List Value:

R-

Flat Ceiling Insulation

List Value:

R-

Sloped Ceiling Insulation

(UA Trade-Off

List Value:

R-

Calculations Required; Minimum R-19)

Walls

Cavity Insulation (Batt or Blown-In)

List Value:

R-

Insulated Sheathing (Leave Blank for OSB, Plywood, Etc.)

List Value:

R-

Attic Kneewall Insulation (Air Barrier on Attic Side; Minimum R-18)

List Value:

R-

Fenestration

Window U-Factor (from Label)

List Factor:

U-

Window SHGC (from Label; Maximum 0.40)

List SH

GC:

Skylight U-Factor (from Label)

List Factor:

U-

Skylight SHGC (from Label; Maximum 0.40)

List SH

GC:

Door U-Factor

List Factor:

U-

Foundations

Floor Insulation

List Value:

R-

Basement Wall Insulation

List Value:

R-

Mass Wall Insulation (Minimum R-5)

List Value:

R-

Vented Crawl Space: Foundation Vents Installed Per Code

Check:

Closed Crawl Space: Minimum 6-mil (0.15 mm) Poly is Taped and Extends up Walls 6 Inches (153 mm)

Check:

Air Leakage (See Section 402.4 and Appendix A)

Windows: Caulked, Sealed with 0.34-0.37 Air Infiltration Rate

Check:

Doors: Sealed, Weather-Stripped (Including Those to Unconditioned Areas: Attic, Unheated Basement, Etc.)

Check:

Sole Plate: Caulked or Sealed

Check:

"Can" Lights: Properly Sealed

Check:

Tubs/Showers on Exterior Walls: Properly Sealed

Check:

Other Penetrations/Openings: Caulked, Sealed or Gasketed as Necessary

Check:

Heating/Cooling Efficiency

Gas or Propane Furnace (Minimum 78% AFUE)

List AFUE:

---

Heat Pump (Minimum 7.7 HSPF)

List HSPF:

---

Air Conditioner (Minimum 13 SEER)

List SEER :

---

Other System(s) (e.g. Fuel Oil)

List Type:

---

List Efficiency:

---

Duct Insulation (See Section 403.2; Minimum R-6/R-8)

List Value:

R-

---

Ducts: Sealed with Mastic or Code-Approved Tape

List Sealant

Method: _____

Mechanical Ventilation

Outdoor Air Intakes and Exhausts Check:

Installed with Automatic or __________

Gravity Dampers

Permit Applicant: _______ Permit Number: ______ Issue Date:

---

Job Address: ________________

County: __________ Subdivision: ____________ Lot #:

---

APPENDIX E

SAMPLE CERTIFICATE WITH COMPLETED EXAMPLE

SAMPLE CERTIFICATE

---

---

Georgia Energy Code Compliance Certificate*

Builder __________ Contact Information _________

Insulation Co. __________ Contact Information _________

Heating & Air Co. __________ Contact Information __________

Envelope Information

Flat Ceiling/Roof R-Value Sloped/Vault Ceiling

R-Value __________

Exterior Wall R-Value __________ (Note: R-13 + R-3 is R-13 Cavity and R-3 Sheathing)

Attic Kneewall Cavity R-Value__________ Attic Kneewall

Sheathing R-Value __________

Basement Stud Wall R-Value Basement Continuous

R-Value __________

Crawlspace Stud Wall R-Value Crawlspace

Continuous R-Value __________

Foundation Slab Edge R-Value Above Grade Mass

Wall R-Value __________

Cantilevered Floor R-Value Floor Over

Unconditioned Space R- Value __________

Other Insulation R-Values __________

Window U-Factor __________ Window SHGC __________

Skylight U-Factor __________ Skylight SHGC __________

Glazed Door U-Factor Opaque Doors (< 50% glazed U-Factor

Mechanical Summary

Water Heater Installed By __________

Gas _____ Energy Factor _____

Electric ________ Energy Factor ________

Other (Explain) ________ Efficiency ________

Number of Heating & Cooling Systems: __________(# of Air Handlers)

Heating Gas___ AFUE___

Air Source Heat Pump ________ HSPF________

Heat (Other)________ Efficiency________

Cooling System Type________ (Direct Expansion, Heat Pump, Geothermal, Etc.) SEER________

Total House Heating Load _ (Btu/h, Based on ACCA

Manual J____ or____)

Total House Cooling Load _ (Btu/h, Based on ACCA

Manual J___ or___)

Cooling Sensible Load _ (Btu/h) Cooling

Latent Load ________ (Btu/h)

Total Air Handler CFM ________ (Based on Design/Calculations)

Heating & Cooling Load Calculations Performed by (Name) ________

*Certificate shall be readily accessible and posted on the electrical distribution panel or air handler. List primary type when there is more than one value for each component (i.e. certificate shall list the value covering the largest area). The certificate shall be completed by the builder or registered design professional.

---

---

SAMPLE CERTIFICATE

APPENDIX E

SAMPLE CERTIFICATE WITH COMPLETED EXAMPLE

(Continued)

EXAMPLE OF COMPLETED SAMPLE CERTIFICATE

---

---

Georgia Energy Code Compliance Certificate*

Builder A-1 Home BuilderContact Information 404-555-

1122

Insulation Co. Super RContact Information 404-555-

2233

Heating & Air Co. Acme HVACContact Information 404-555-3344

Envelope Information

Flat Ceiling/Roof R-Value 30Sloped/Vault Ceiling

R-Value N/A

Exterior Wall R-Value 13 + 3(Note: R-13 + R-3 is

R-13 Cavity and R-3 Sheathing)

Attic Kneewall Cavity R-Value 13Attic Kneewall

Sheathing R-Value 5

Basement Stud Wall R-Value N/ABasement Continuous

R-Value N/A

Crawlspace Stud Wall R-Value 0Crawlspace

Continuous R-Value 5

Foundation Slab Edge R-Value 0Above Grade Mass

Wall R-Value N/A

Cantilevered Floor R-Value N/AFloor Over

Unconditioned Space R-Value 19

Other Insulation R-Values N/A

Window U-Factor 0.34Window SHGC 0.37

Skylight U-Factor N/ASkylight SHGC N/A

Glazed Door U-Factor N/AOpaque Doors (< 50%

glazed U-Factor 0.35

Mechanical Summary

Water Heater Installed By Acme Plumbing

Gas XEnergy Factor 0.61Electric

Energy Factor ________

Other (Explain) ________ Efficiency________

Number of Heating & Cooling Systems: 2(# of Air Handlers)

Heating Gas XAFUE 80%Air

Source Heat Pump ____ HSPF ________

Heat (Other)________ Efficiency________

Cooling System Type DX Air Conditioner(Direct

Expansion, Heat Pump, Geothermal, Etc.) SEER 13

Total House Heating Load 57,144(Btu/h, Based on

ACCA Manual J Xor)

Total House Cooling Load 45,737(Btu/h, Based on

ACCA Manual J Xor)

Cooling Sensible Load 33,537(Btu/h)

Cooling Latent Load 12,200(Btu/h)

Total Air Handler CFM 1,526(Based on Design/Calculations)

Heating & Cooling Load Calculations Performed by (Name) Jay Manuello, Acme HVAC

*Certificate shall be readily accessible and posted on the electrical distribution panel or air handler. List primary type when there is more than one value for each component (i.e. certificate shall list the value covering the largest area). The certificate shall be completed by the builder or registered design professional.

EXAMPLE OF COMPLETED SAMPLE CERTIFICATE

GEORGIA STATE MINIMUM STANDARD

GAS CODE

(INTERNATIONAL FUEL GAS CODE

WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL FUEL GAS CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and the Georgia State Amendments adopted effective January 1 of 2007, shall constitute the official Georgia State Minimum Standard Gas Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

*Revise the International Fuel Gas Code, 2006 Edition, as follows:

CHAPTER 3

GENERAL REGULATIONS

SECTION 310 (IFGS)

ELECTRICAL BONDING

*Add new Section 310.1.1, 'Bonding Corrugated Stainless Steel Tubing (CSST)', as follows:

310.1.1 Bonding Corrugated Stainless Steel Tubing (CSST).

Corrugated stainless steel tubing shall be directly bonded to the electrical grounding system. The direct bonding connection shall be made with American Wire Gauge (AWG) number 6 copper wire. The copper wire shall be attached to either the CSST fitting or to a segment of rigid piping component connected to a fitting located near the electrical meter using an approved bonding clamp in accordance with the CSST manufacturer's installation instructions. The bonding conductor shall be affixed to either the grounding conductor or electrode using an approved clamp or other approved means of attachment.

(Effective January 1, 2008)

End of Amendments.

GEORGIA STATE MINIMUM STANDARD MECHANICAL CODE

(INTERNATIONAL MECHANICAL CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL MECHANICAL CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and the Georgia State Amendments adopted effective January 1 of 2007, shall constitute the official Georgia State Minimum Standard Mechanical Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of mechanical equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Mechanical Code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the Georgia State Minimum Standard Gas Code (International Fuel Gas Code with Georgia State Amend ments).

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

CHAPTER 4

VENTILATION

SECTION 405

SYSTEMS CONTROL

*Revise Section 405.2, 'CO2 Sensors' of the Georgia Amendments revised January 1, 2007 to read as follows:

405.2 CO2 Sensors. Carbon dioxide (CO2) sensors may be utilized for control of ventilation systems, as outlined in ASHRAE Standard 62.1.

(Effective January 1, 2008)

CHAPTER 6

DUCT SYSTEMS

SECTION 606

SMOKE DETECTION SYSTEMS CONTROL

*Revise Section 606.2.1, 'Supply air systems' of the Georgia Amendments revised January 1, 2007 to read as follows:

606.2.1 Supply air systems. Smoke detectors shall be installed in supply air systems with a design capacity greater than 2,000 cfm (0.9 m3/s).

(Effective January 1, 2008)

End of Amendments.

GEORGIA STATE MINIMUM STANDARD PLUMBING CODE (INTERNATIONAL PLUMBING CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL PLUMBING CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and the Georgia State Amendments adopted effective January 1 of 2007, shall constitute the official Georgia State Minimum Standard Plumbing Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of plumbing equipment.

GEORGIA STATE MINIMUM REQUIREMENTS FOR

BOILERS/WATER HEATERS AND PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

CHAPTER 10

TRAPS, INTERCEPTORS AND SEPARATORS

SECTION 1003

INTERCEPTORS AND SEPARATORS

*Add exception to Section 1003.4 'Oil separators required' of the Georgia Amendment revised January 1, 2007 to read as follows:

1003.4 Oil separators required.

Exception:

In elevator pits where oil containment complies with the Georgia Department of Labor Elevator Rules and Regulations, no additional oil separator shall be required. At repair garages, car-washing facilities, and factories where oily and flammable liquid wastes are produced, separators shall be installed into which all oil-bearing, grease-bearing or flammable wastes shall be discharged before emptying into the building drainage system or other point of disposal.

(Effective January 1, 2008)

End of Amendments.

GEORGIA STATE MINIMUM STANDARD

ONE AND TWO FAMILY DWELLING CODE

(INTERNATIONAL RESIDENTIAL CODE FOR

ONE- AND TWO-FAMILY DWELLINGS

WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and the Georgia State Amendments adopted effective January 1 of 2007, shall constitute the official Georgia State Minimum Standard One and Two Family Dwelling Code.

Part IV, Energy Conservation (Chapter 11), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute all references to

Chapter 11 ENERGY EFFICIENCY with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements an d Amendments).

Part VII, Plumbing (Chapters 25 through 32), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute for plumbing requirements the Georgia State Minimum Standard Plumbing Code (International Plumbing Code with Georgia State Amendments).

Part VIII, Electrical (Chapters 33 through 42), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute for electrical requirements the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code.

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for heating and air conditioning equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard One and Two Family Dwelling Code shall apply to the construction, alteration, movement, enlargement, replacement, repair,

equipment, use and occupancy, location, maintenance, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress and their accessory structures.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM REQUIREMENTS FOR

BOILERS/WATER HEATERS AND PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

*Revise the International Residential Code for One- and Two-Family Dwellings, 2006 Edition, as follows:

CHAPTER 3

BUILDING PLANNING

SECTION R309

GARAGES AND CARPORTS

*Revise Exception #1 of Section R309.2, 'Separation required', to read as follows:

R309.2 Separation required.

Exception #1:

Separation is not required in garages protected by an automatic sprinkler system that meets the following criteria:

1.The sprinkler system shall be connected to a reliable water supply system with or without an automatic operated pump.

2.A piping system serving both sprinkler and domestic needs shall be acceptable.

3.Ordinary-temperature-rated residential or quick response sprinklers (135°F to 170°F [57°C to 77°C]) with a 1/2-inch (13 mm) orifice shall be installed.

4.The minimum operating pressure of any residential or quick response sprinkler shall be 7 psi (0.5 bar).

5.Walls that resist the passage of smoke shall separate the sprinklered compartment from any other space(s). Openings in this wall shall be regulated by Section R309.1.

6.The maximum area protected by a single sprinkler head shall not exceed 144 ft2 (13.4 m2).

7.The maximum distance between sprinklers shall not exceed 12 feet (3.7 m).

8.The maximum distance to a wall or partition shall not exceed 6 feet (1.8 m).

9.The minimum distance between sprinklers within a compartment shall be 8 feet (2.4 m).

10.Pendent and upright sprinkler heads shall be positioned so that the deflectors are within 1 to 4 inches (25.4 mm to 102 mm) below framing.

11.Sprinkler heads shall be located on a looped piping configuration.

12.Minimum pipe size, including that for copper, listed chlorinated polyvinyl chloride (CPVC), and polybutylene (PB) piping shall be 3/4-inch (19 mm).

13.Garage doors in the open position shall not interfere with the operation of a sprinkler head.

14.A smoke detector shall be installed in accordance with Section R313.

(Effective January 1, 2008)

CHAPTER 24

FUEL GAS

SECTION G2411 (310)

ELECTRICAL BONDING

*Add new Section G2411.1.1,"Bonding Corrugated Stainless Steel Tubing (CSST)', as follows:

G2411.1.1 Bonding Corrugated Stainless Steel Tubing (CSST).

Corrugated stainless steel tubing shall be directly bonded to the electrical grounding system. The direct bonding connection shall be made with American Wire Gauge (AWG) number 6 copper wire. The copper wire shall be attached to either the CSST fitting or to a segment of rigid piping component connected to a fitting located near the electrical meter using an approved bonding clamp in accordance with the CSST manufacturer's installation instructions. The bonding conductor shall be affixed to either the grounding conductor or electrode using an approved clamp or other approved means of attachment.

(Effective January 1, 2008)

End of Amendments.

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of the 2006 International Energy Conservation Code with Georgia Amendments, Georgia Amendments to the 2006 International Fuel Gas Code, the 2006 International Mechanical Code, the 2006 International Plumbing Code, and the 2006 International Residential Code for One- and Two- Family Dwellings, effective Jan. 1, 2008" adopted. F. Nov. 26, 2007; eff. January 1, 2008, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.19 Adoption of the 2006 International Property Maintenance Code with Georgia Amendments,Adoption of the 2006 International Existing Building Code with Georgia Amendments, Adoption of the 2008 National Electrical Code with Georgia Amendments, Georgia Amendments to the 2006 International Energy Conservation Code, the 2006 International Fuel Gas Code, the 2006 International Plumbing Code, the 2006 International Building Code and the 2006 International Residential Code for One- and Two-Family Dwellings, effective January 1, 2009

Georgia State Amendments to the International Building Code (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.state.ga.us Revised January 1, 2009

GEORGIA STATE MINIMUM STANDARD BUILDING CODE

(INTERNATIONAL BUILDING CODE WITH GEORGIA STATE AMENDMENTS)

The International Building Code, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the International Building Code, 2006 Edition, shall constitute the official Georgia State Minimum Standard Building Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of equipment.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

SCOPE:

The provisions of the Georgia State Minimum Standard Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception #1: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the Georgia State Minimum Standard One and Two Family Dwelling Code (International Residential Code for One- and Two-Family Dwellings with Georgia State Amendments).

Exception #2: The following table titled 'Codes Reference Guide' establishes specific primary and supplementary code applications and is to be applied by the authority having jurisdiction.

CODES REFERENCE GUIDE

Area

Primary

Supplement

Occupancy Classification

LSC

IBC

Building Construction Types Including allowable height, allowable building areas, and the requirements for sprinkler protection related to minimum building construction types.

IBC

LSC

Means of Egress

LSC

NONE

Standpipes

IBC

IFC

Interior Finish

LSC

NONE

HVAC Systems

IMC

NONE

Vertical Openings

LSC

NONE

Sprinkler Systems minimum construction standard

LSC

NONE

Fire Alarm Systems

LSC

NONE

Smoke Alarms and Smoke Detection Systems

State Statute and LSC

NONE

Portable Fire Extinguishers

IFC

NONE

Cooking Equipment

LSC and NFPA 96

NONE

Fuel Fired Appliances

IFGC

NFPA 54

Liquid Petroleum Gas

NFPA 58

NFPA 54 or IFGC

Compressed Natural Gas

NFPA 52

NONE

*Revise the International Building Code, 2006 Edition, as follows:

CHAPTER 7

FIRE-RESISTANCE-RATED CONSTRUCTION

SECTION 707

SHAFT ENCLOSURES

*Revise Section 707.14.1 'Elevator lobby', exception 7, of the Georgia Amendment revised January 1, 2007 to read as follows:

707.14.1 Elevator Lobby.

Exception:

7. Elevators which serve open air parking decks in accordance with Section 406.3 and those open air parking decks beneath other occupancies.

(Effective January 1, 2009)

*Revise Section 707.14.2.1 'Pressurization requirements' and renumber as Section 707.14.3.1 to read as follows:

707.14.3.1 Pressurization requirements. Elevator hoistways shall be pressurized to maintain a minimum positive pressure of 0.05 inches of water column with respect to adjacent occupied space on all floors. This pressure shall be measured at the midpoint of each hoistway door, with all ground floor level hoistway doors open and all other hoistway doors closed. The supply air intake shall be from an outside, uncontaminated source located a minimum distance of 20 feet (6096 mm) from any air exhaust system or outlet. The system shall be designed such that the maximum pressure differential shall not restrict or prohibit the free operation of the elevated cab and all hoistway doors serving all levels of the building. The air shall not be introduced into the hoistway in such a manner as to cause erratic operation by impingement of traveling cables, selector tapes, governor ropes, compensating ropes, and other components sensitive to excessive movement or deflection.

(Effective January 1, 2009)

End of Amendments.

Georgia State Amendments to the International Existing Building Code (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.state.ga.us Revised January 1, 2009

GEORGIA STATE MINIMUM

STANDARD EXISTING BUILDING CODE

(INTERNATIONAL EXISTING BUILDING CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL EXISTING BUILDING CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to The INTERNATIONAL EXISTING BUILDING Code, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the INTERNATIONAL EXISTING BUILDING CODE, 2006 Edition, shall constitute the official Georgia State Minimum Standard Existing Building Code.

GEORGIA STATE AMENDMENTS CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to 'Accessibility' with a cross-reference to Title 30, Chapter 3 of the Official Code of Georgia Annotated (O.C.G.A.) and the Rules and Regulations of the Georgia Safety Fire Commissioner.

RESOURCES:

Resource A is only a guideline and is not intended to be a document for specific adoption as it is not written in the format or language of ICC's International Codes and is not subject to the code development process.

*Revise the International Existing Building Code, 2006 Edition, as follows:

CHAPTER 10

ADDITIONS

SECTION 1004

SMOKE ALARMS IN OCCUPANCY

GROUPS R-3 AND R-4

*Delete Section 1004.1 'Smoke alarms in existing portions of a building' and substitute the following:

1004.1 Smoke alarms in existing portions of a building. Smoke alarms in existing portions of buildings containing Group R occupancies shall comply with the minimum statutory requirements of Code Section 25-2-40 of the Official Code of Georgia Annotated (O.C.G.A.) Title 25, Chapter 2.

(Effective January 1, 2009)

Appendix A:

Guidelines for the Seismic Retrofit of Existing Buildings

CHAPTER A1

SEISMIC STRENGTHENING PROVISIONS FOR UNREINFORCED MASONRY BEARING WALL BUILDINGS

SECTION A103

DEFINITIONS

*Revise definition of 'International Building Code' to read as follows:

INTERNATIONAL BUILDING CODE. The 2006 International Building Code (IBC).

(Effective January 1, 2009)

End of Amendments.

Georgia State Supplements and Amendments to the International Energy Conservation Code (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.state.ga.us Revised January 1, 2009

GEORGIA STATE MINIMUM STANDARD ENERGY CODE

(INTERNATIONAL ENERGY CONSERVATION CODE WITH GEORGIA STATE SUPPLEMENTS AND AMENDMENTS)

The INTERNATIONAL ENERGY CONSERVATION CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Supplements and Amendments and all other Georgia State Amendments to

The INTERNATIONAL ENERGY CONSERVATION CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Supplements and Amendments and all other Georgia State Amendments to the INTERNATIONAL ENERGY CONSERVATION CODE, 2006 Edition, shall constitute the official Georgia State Minimum Standard Energy Code.

GEORGIA STATE SUPPLEMENTS AND AMENDMENTS

SCOPE:

Each chapter of these Georgia State Supplements and Amendments corresponds with a chapter of the International Energy Conservation Code (IECC).

Chapter 1: Administration.

Chapter 2: Definitions.

Chapter 3: Climate Zones.

"Climate zones from Figure 301.1 or Table 301.1 shall be used in determining the applicable requirements from Chapters 4 and 5..."

Chapter 4: Residential Energy Efficiency.

Compliance Pathways for Low-Rise Residential Construction:

Any of those delineated in this chapter; or

REScheck1

Chapter 5: Commercial Energy Efficiency.

Compliance Pathways for Commercial and High-Rise Residential Construction:

Any of those delineated in this chapter; or

COMcheck1

Chapter 6: Referenced Standards.

Appendices A-E

Throughout the appendices there is information that may be helpful in meeting and understanding the Georgia State Minimum Standard Energy Code. In cases of conflict, refer to the IECC for clarification.

1. REScheck and COMcheck are computer programs developed by Pacific Northwest National Laboratories for the U.S. Department of Energy (D.O.E.) to assist in demonstration of compliance with the IECC. They may be obtained from the D.O.E. by calling (800) 270-CODE (2633) or free of charge online at www.energycodes.gov. When following the REScheck compliance pathway, select the Georgia Version. When following the COMcheck compliance pathway, select the Georgia Version (based on ASHRAE/IESNA Standard 90.1-2004 [with effective Georgia State Supplements and Amendments to the 2006 IECC]).

The 'basic requirements' of the IECC apply to all compliance methods.

Where these Georgia State Supplements and Amendments conflict with either the IECC or ASHRAE/IESNA Standard 90.1, these Georgia State Supplements and Amendments shall take precedence.

Air infiltration accounts for substantial heat loss, heat gain and moisture migration in a building. Proper sealing around all doors, windows and other envelope penetrations through the walls, ceiling and foundation is as important to code compliance as are proper insulation R-values and component U-factors.

It is not the intention of this code to abridge safety or health. Where the IECC and these Georgia State Supplements and Amendments conflict with other mandatory State Minimum Standard Codes, the IECC and these Georgia State Supplements and Amendments shall be enforced as written provided safety, health or environmental requirements of other mandatory State Minimum Standard Codes are not abridged.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

*Revise the International Energy Conservation Code, 2006 Edition, as follows:

CHAPTER 4

RESIDENTIAL ENERGY EFFICIENCY

SECTION 403

SYSTEMS (Mandatory)

*Add new Section 403.1.2 'Primary heat source' to read as follows:

403.1.2 Primary heat source. For new dwelling unit central HVAC systems, or replacement HVAC systems installed in dwelling units that were originally permitted after January 1, 1996, electric-resistance heat shall not be used as the primary heat source. Primary heat source is defined as the heat source for the original dwelling unit system.

Exception: Alterations or additions of 50% or less than the original conditioned floor area.

(Effective January 1, 2009)

End of Amendments.

Georgia State Amendments to the International Fuel Gas Code (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.state.ga.us Revised January 1, 2009

GEORGIA STATE MINIMUM STANDARD GAS CODE (INTERNATIONAL FUEL GAS CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL FUEL GAS CODE, 2006 Edition, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to The INTERNATIONAL FUEL GAS CODE, 2006 Edition, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the International Fuel gas Code, 2006 Edition, shall constitute the official Georgia State Minimum Standard Gas Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Codewith Georgia State Amendments).

*Revise the International Fuel Gas Code, 2006 Edition, as follows:

CHAPTER 3

GENERAL REGULATIONS

SECTION 310 (IFGS)

ELECTRICAL BONDING

*Revise Section 310.1.1, 'Bonding Corrugated Stainless Steel Tubing (CSST)' of the Georgia Amendment revised January 1, 2008 to add exception as follows:

310.1.1 Bonding Corrugated Stainless Steel Tubing (CSST).

Exception: CSST which has been tested and shown to be resistant to damage from lightning energy shall be bonded in accordance with the National Electrical Code NFPA 70 and the CSST manufacturer's installation instructions.

(Effective January 1, 2009)

CHAPTER 4

GAS PIPING INSTALLATIONS

SECTION 409 (IFGC)

SHUTOFF VALVES

*Revise Section 409.1.2 'Prohibited locations' to add exception as follows:

409.1.2 Prohibited locations.

Exception: Shutoff valves shall be allowed in a room containing electric heating and or air-handling equipment when such room is used as a plenum.

(Effective January 1, 2009)

*Add new Section 409.5.2 'Located at manifold' as follows:

409.5.2 Located at manifold. Where the appliance shutoff valve is installed at a manifold, such shutoff valve shall be located within a 50 foot radius (15 240 mm) of the appliance served and shall be readily accessible and permanently identified. The piping from the manifold to within 6 feet (1829 mm) of the appliance shall be designed, sized and installed in accordance with Sections 401 through 408.

(Effective January 1, 2009)

SECTION 410 (IFGC)

FLOW CONTROLS

*Revise Section 410.1 'Pressure regulators' to read as follows:

410.1 Pressure regulators. A line pressure regulator shall be installed where the appliance is designed to operate at a lower pressure than the supply pressure. Pressure regulators located within a dwelling unit shall be allowed to be installed in a room containing electric heating and air-handling equipment when such room is used as a plenum. Line gas pressure regulators shall be listed as complying with ANSI Z21.80. Access shall be provided to pressure regulators. Pressure regulators shall be protected from physical damage. Regulators installed on the exterior of the building shall be approved for outdoor installation.

(Effective January 1, 2009)

End of Amendments.

Georgia State Amendments to the International Plumbing Code (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.state.ga.us Revised January 1, 2009

GEORGIA STATE MINIMUM STANDARD PLUMBING CODE

(INTERNATIONAL PLUMBING CODE WITH GEORGIA STATE AMENDMENTS)

The International Plumbing Code, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the INTERNATIONAL PLUMBING CODE, 2006 Edition, shall constitute the official Georgia State Minimum Standard Plumbing Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECCwith Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of plumbing equipment.

GEORGIA STATE MINIMUM REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

*Revise the International Plumbing Code, 2006 Edition, as follows:

CHAPTER 3

GENERAL REGULATIONS

SECTION 301

GENERAL

*Revise Section 301.3 'Connections to the sanitary drainage system' to add exception as follows:

301.3 Connections to the sanitary drainage system.

Exception: Bathtubs, showers, lavatories, clothes washers and laundry trays shall not be required to discharge to the sanitary drainage system where such fixtures discharge to an approved gray water system for flushing of water closets and urinals or for subsurface irrigation. Gray water may also be used for other purposes when designed by an engineer licensed in the State of Georgia and the system is approved by the authority having jurisdiction.

(Effective January 1, 2009)

CHAPTER 4

FIXTURES, FAUCETS AND FIXTURE FITTINGS

SECTION 419

URINALS

*Revise Section 419.2 'Substitution for water closets' to read as follows:

419.2 Substitution for water closets. In each bathroom or toilet room, urinals shall not be substituted for more than 67 percent of the required water closets in assembly and educational occupancies. Urinals substituted for water closets in assembly occupancies shall be of the waterless type. Urinals shall not be substituted for more than 50 percent of the required water closets in all other occupancies.

(Effective January 1, 2009)

CHAPTER 5

WATER HEATERS

SECTION 506

MINIMUM CAPACITIES FOR RESIDENTIAL WATER HEATERS

*Revise Section 506.1 'General' of the Georgia Amendment revised January 1, 2007 to read as follows:

506.1 General. Water heaters installed in residential occupancies shall be sized in accordance with Table 506. The use of a more energy efficient water heater with a smaller storage capacity is allowed as per the requirements of the note located at the bottom of Table 506.

(Effective January 1, 2009)

*Replace Table 506 'Minimum capacities for residential water heaters' of the Georgia Amendments revised January 1, 2007 with the following:

TABLE 506

MINIMUM CAPACITIES FOR RESIDENTIAL WATER HEATERS1

(SEE NOTE FOR MANUFACTURER'S SPECIFICATIONS)

Fuel

Gas

Elec.

Oil

Gas

Elec.

Oil

Gas

Elec.

Oil

Gas

Elec.

Oil

of Bedrooms

1

2

3

---

1 to

1 1/2

Baths

Storage (gal)

20

20

30

30

30

30

30

40

30

---

---

---

of Bedrooms

2

3

4

5

2 to

2 1/2

Baths

Storage (gal)

30

40

30

40

50

30

40

50

50

50

66

30

of Bedrooms

3

4

5

6

3 to

3 1/2

Baths

Storage (gal)

40

50

30

50

66

30

50

66

30

50

80

40

1 gal=3.7854 L

1 gph=1.05 mL/s

NOTE:

1. New Federal Standards have required that water heater efficiency be increased. Some new heaters have smaller storage capacity but supply the same amount of hot water as larger units. When a unit with smaller storage capacity is used, then the manufacturer must confirm that the smaller unit will meet the ability of the larger heater to supply similar amounts of hot water in an allotted period of time.

(Effective January 1, 2009)

APPENDIX C

GRAY WATER RECYCLING SYSTEMS

*Delete Appendix C and adopt new Appendix C 'Gray Water Recycling Systems' as part of the mandatory State Minimum Standard Plumbing Code as follows:

SECTION C101

GENERAL

C101.1 Scope. The provisions of this appendix shall govern the materials, design, construction and installation of gray water systems for flushing of water closets and urinals. Gray water may also be used for other purposes when designed by an engineer licensed in the state of Georgia and the system is approved by the authority having jurisdiction.

C101.2 Health and Safety. Humans shall not contact gray water, except as required to maintain the gray water treatment and distribution system. Nothing contained in this appendix shall be construed to prevent the local government from mandating compliance with stricter requirements than those contained herein, where such requirements are essential in maintaining safe and sanitary conditions or from prohibiting gray water systems.

C101.3 Definition. The following terms shall have the meaning shown herein.

CONDENSATE. Condensed water collected from the surfaces of an air conditioning unit's evaporator coils or a dehumidifier unit's evaporator coils.

GRAY WATER. Waste discharged from lavatories, bathtubs, showers, clothes washers and laundry trays.

C101.4 Permits. Check with the local authority having jurisdiction for permit requirements.

C101.5 Installation. In addition to the provisions of Section C101, systems for flushing of water closets and urinals shall comply with Section C102. Except as provided for in Appendix C, all systems shall comply with the provisions of the International Plumbing Code.

C101.6 Materials. Above-ground drain, waste and vent piping for gray water systems shall conform to one of the standards listed in Table 702.1. Gray water underground building drainage and vent pipe shall conform to one of the standards listed in Table 702.2.

C101.7 Tests. Drain, waste and vent piping for gray water systems shall be tested in accordance with Section 312.

C101.8 Inspections. Check with the local authority having jurisdiction for inspection requirements.

C101.9 Potable water connections. Only connections in accordance with Section C102.3 shall be made between a gray water recycling system and a potable water system.

C101.10 Waste water connections. Gray water recycling systems shall receive only the waste discharge of bathtubs, showers, lavatories, clothes washers or laundry trays. Although not considered gray water, condensate may be discharged to a gray water system.

C101.11 Collection reservoir. Gray water shall be collected in an approved reservoir constructed of durable, nonabsorbent and corrosion-resistant materials. The reservoir shall be a closed vessel. Access openings shall be provided to allow inspection and cleaning of the reservoir interior.

C101.11.1 Collection reservoir bypass. A full open valve shall be installed prior to the collection reservoir to allow gray water to discharge directly to the sanitary drainage system during maintenance of the gray water system.

C101.12 Filtration. Gray water shall pass through an approved filter system prior to distribution.

C101.13 Overflow. The collection reservoir shall be equipped with an overflow pipe having the same or larger diameter as the influent pipe for the gray water. The overflow pipe shall be indirectly connected to the sanitary drainage system.

C101.14 Drain. A method for draining the collection reservoir shall be provided and shall be indirectly connected to the sanitary drainage.

C101.15 Vent required. The reservoir shall be provided with venting to allow for the induction and release of air to allow for the proper operation of the reservoir.

SECTION C102

SYSTEMS FOR FLUSHING WATER

CLOSETS AND URINALS

C102.1 Collection reservoir. The holding capacity of the reservoir shall supplement the daily flushing requirements of the fixtures supplied with gray water.

C102.2 Disinfection. Gray water shall be disinfected by an approved method that employs one or more disinfectants, such as chlorine, iodine, ozone, UV, or other approved disinfectants.

C102.3 Makeup water. Potable water shall be supplied as a source of makeup water for the gray water system. The potable water supply shall be protected against backflow by the installation of an air gap device or in accordance with Section 608. There shall be a full-open valve and a water level control valve located on the makeup water supply line to the collection reservoir.

C102.4 Coloring. The gray water shall be dyed with a food grade vegetable dye before such water is supplied to the fixtures.

C102.5 Materials. Distribution piping shall conform to one of the standards listed in Table 605.4.

C102.6 Identification. Distribution piping and reservoirs shall be identified as containing non-potable water. Piping shall be purple and identified in accordance with Section 608.8.

SECTION C103

SUBSURFACE LANDSCAPE IRRIGATION SYSTEMS

C103.1 Scope. Gray water may be used for subsurface irrigation of landscape and shall be permitted by the local county health department in accordance with Georgia Department of Human Resources regulations as a separate onsite sewage management system. Permits and inspections are required by the local county health department.

(Effective January 1, 2009)

This space intentionally left blank.

APPENDIX I

RAIN WATER RECYCLING SYSTEMS

*Adopt new Appendix I 'Rain Water Recycling Systems' as part of the mandatory State Minimum Standard Plumbing Code as follows:

SECTION I101

GENERAL

I101.1 Scope. The provisions of this appendix shall govern the materials, design, construction and installation of rain water systems for flushing of water closets, flushing of urinals, and cooling tower make up water. Nothing in this appendix shall be construed to restrict the use of rain water for outdoor irrigation.

I101.2 Health and Safety. Nothing contained in this appendix shall be construed to prevent the local government from mandating compliance with stricter requirements than those contained herein, where such requirements are essential in maintaining safe and sanitary conditions or from prohibiting rain water systems.

I101.3 Definition. The following terms shall have the meaning shown herein.

CONDENSATE. Condensed water collected from the surfaces of an air conditioning unit's evaporator coils or a dehumidifier unit's evaporator coils.

RAIN WATER. Water collected from runoff of roofs or other structures after a rain event. Rain water may also include condensate.

I101.4 Permits. Check with the local authority having jurisdiction for permit requirements.

I101.5 Installation. In addition to the provisions of Section I101, systems for flushing of water closets, flushing of urinals, and cooling tower make up water shall comply with Section I102. Except as provided for in Appendix I, all systems shall comply with the provisions of the International Plumbing Code.

I101.6 Materials. Above-ground drain, waste and vent piping for rain water systems shall conform to one of the standards listed in Table 702.1. Rain water underground building drainage and vent pipe shall conform to one of the standards listed in Table 702.2.

I101.7 Tests. Drain, waste and vent piping for rain water systems shall be tested in accordance with Section 312.

I101.8 Inspections. Check with the local authority having jurisdiction for inspection requirements.

I101.9 Potable water connections. Only connections in accordance with Section I102.3 shall be made between a rain water recycling system and a potable water system.

I101.10 Collection reservoir. Rain water shall be collected in an approved reservoir constructed of durable, nonabsorbent and corrosion-resistant materials. The reservoir shall be a closed vessel. Access openings shall be provided to allow inspection and cleaning of the reservoir interior.

I101.10.1 Collection reservoir bypass. A full open valve shall be installed prior to the collection reservoir to allow rain water to discharge directly to the normal storm water drainage system during maintenance of the rain water system.

I101.11 Filtration. Rain water shall pass through an approved filter system prior to distribution.

I101.12 Overflow. The overflow pipe discharge shall indirectly flow to the normal storm water drainage system and shall be sized equal to or larger than the influent pipe.

I101.13 Drain. A method for draining the collection reservoir shall be provided and shall not be connected to the sanitary drainage.

I101.14 Venting required. The reservoir shall be provided with venting to allow for the induction and release of air to allow for the proper operation of the reservoir.

SECTION I102

SYSTEMS FOR FLUSHING WATER

CLOSETS AND URINALS

I102.1 Collection reservoir. The holding capacity of the reservoir shall supplement the daily flushing requirements of the fixtures supplied with rain water.

I102.2 Disinfection. Rain water shall be disinfected by an approved method that employs one or more disinfectants, such as chlorine, iodine, ozone, UV, or other approved disinfectants.

I102.3 Makeup water. Potable water shall be supplied as a source of makeup water for the rain water system. The potable water supply shall be protected against backflow by the installation of an air gap device or in accordance with Section 608. There shall be a full-open valve and a water level control valve located on the makeup water supply line to the collection reservoir.

I102.4 Materials. Distribution piping shall conform to one of the standards listed in Table 605.4.

I102.5 Identification. Distribution plumbing fixtures and reservoirs shall be identified as containing non-potable water. Piping shall be purple and identified in accordance with Section 608.8.

(Effective January 1, 2009)

End of Amendments.

Georgia State Amendments to the International Property Maintenance Code (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.state.ga.us Revised January 1, 2009

GEORGIA STATE MINIMUM

STANDARD PROPERTY MAINTENANCE CODE

(INTERNATIONAL PROPERTY MAINTENANCE CODE

WITH GEORGIA STATE AMENDMENTS)

The International PROPERTY MAINTENANCE Code, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the INTERNATIONAL PROPERTY MAINTENANCE CODE, 2006 EDITION, shall constitute the official Georgia State Minimum Standard Property Maintenance Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

*Revise the International Property Maintenance Code, 2006 Edition, as follows:

CHAPTER 4

LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

SECTION 404

OCCUPANCY LIMITATIONS

*Delete Sections 404.4 'Bedroom and living room requirements' through 404.4.5 'Other requirements' and substitute the following:

404.4 Bedroom requirements. Every bedroom shall comply with the requirements of Sections 404.4.1 through 404.4.5.

404.4.1 Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 m²) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 m²) of floor area for each occupant thereof.

404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.

Exception: Units that contain fewer than two bedrooms.

404.4.3 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.

404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.

404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7.

(Effective January 1, 2009)

*Delete Section 404.5 'Overcrowding' and substitute the following:

404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5.

TABLE 404.5

MINIMUM AREA REQUIREMENTS

SPACE MINIMUM AREA IN SQUARE FEET

1-2 occupants

3-5 occupants

6 or more occupants

Living rooma,b

No requirements

120

150

Dining rooma,b

No requirements

80

100

Bedrooms Shall comply with Section 404.4

For SI: 1 square foot = 0.093 m²

a See Section 404.5.2 for combined living room/dining room spaces.

b See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.

404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4.

404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

(Effective January 1, 2009)

CHAPTER 6

MECHANICAL AND ELECTRICAL REQUIREMENTS

SECTION 606

ELEVATORS, ESCALATORS AND DUMBWAITERS

*Delete Section 606.1 'General' and substitute the following:

606.1 General. Elevators, escalators and dumbwaiters shall comply with the Rules and Regulations of the Georgia Department of Labor and ASME A17.1 where applicable.

(Effective January 1, 2009)

CHAPTER 7

FIRE SAFETY REQUIREMENTS

[F] SECTION 702

MEANS OF EGRESS

*Add new Section 702.5 'Overcrowding and Life Safety Hazards' to read as follows:

702.5 Overcrowding and life safety hazards. The number of persons occupying a structure or portion thereof, excluding dwelling units that comply with Section 404.5, shall not create conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of the occupants. Calculations for overcrowding conditions shall be based upon the requirements of Sections 404.5 through 404.5.2. A structure shall be considered overcrowded and a life safety hazard under any of the following conditions:

1. A structure, building, individual room or designated portion thereof shall be deemed to be overcrowded and a life safety hazard if the number of occupants exceeds one person per 5 square feet of open net floor area of such room or space when fixed seating is not provided; or

2. A structure, building, room or designated portion thereof shall be deemed overcrowded and a life safety hazard if the total number of occupants exceeds the exit capacity of the structure, building, room or area involved; or

3. A structure, building, individual room or designated portion thereof shall be deemed to be overcrowded and a life safety hazard if the minimum number of required exits is not provided for the calculated or expected occupant load; or

4. A structure, building, individual room or designated portion thereof shall be deemed to be a life safety hazard if the minimum construction requirements for area and height or the occupant location tables as specified in the Safety Fire Commissioner Rules and Regulations are exceeded based upon the number of required exits is not provided for the calculated or expected occupant load.

(Effective January 1, 2009)

[F] SECTION 704

FIRE PROTECTION SYSTEMS

*Add new Section 704.2.1 'Smoke alarms in Group R occupancies' to read as follows:

704.2.1 Smoke alarms in Group R occupancies. Smoke alarms in buildings containing Group R occupancies built prior to January 1, 2007, shall comply with the minimum statutory requirements of Code Section 25-2-40 of the Official Code of Georgia Annotated (O.C.G.A.) Title 25, Chapter 2.

(Effective January 1, 2009)

End of Amendments.

Georgia State Amendments to the International Residential Code for One- and Two-Family Dwellings (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.state.ga.us Revised January 1, 2009

GEORGIA STATE MINIMUM STANDARD

ONE AND TWO FAMILY DWELLING CODE

(INTERNATIONAL RESIDENTIAL CODE For oNE- AND TWO-FAMILY DWELLINGS WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, 2006 Edition, shall constitute the official Georgia State Minimum Standard One and Two Family Dwelling Code.

Part IV, Energy Conservation (Chapter 11), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute all references to Chapter 11 ENERGY EFFICIENCY with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments).

Part VII, Plumbing (Chapters 25 through 32), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute for plumbing requirements the Georgia State Minimum Standard Plumbing Code (International Plumbing Code with Georgia State Amendments).

Part VIII, Electrical (Chapters 33 through 42), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute for electrical requirements the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for heating and air conditioning equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard One and Two Family Dwelling Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress and their accessory structures.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

*Revise the International Residential Code for One- and Two-Family Dwellings, 2006 Edition, as follows:

CHAPTER 2

DEFINITIONS

SECTION R202

DEFINITIONS

*Revise definition of 'Townhouse' to read as follows:

TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units with property lines separating each unit in which each unit extends from foundation to roof and with an open space/yard or public way on at least two sides.

(Effective January 1, 2009)

CHAPTER 3

BUILDING PLANNING

*Revise Title of Section R313 'Smoke Alarms' as follows:

SECTION R313

SMOKE AND CARBON MONOXIDE ALARMS

(Effective January 1, 2009)

*Add new Section R313.4 'Single- or multiple-station carbon monoxide alarms' as follows:

R313.4 Single- or multiple-station carbon monoxide alarms. All single- or multiple-station carbon monoxide alarms shall be listed in accordance with ANSI/UL 2034 or CSA 6.19 and installed in accordance with the manufacturer's installation instructions. Carbon Monoxide detectors may be powered by battery power alone and are not required to be interconnected. Listed combination smoke and carbon monoxide alarms shall be acceptable.

(Effective January 1, 2009)

*Add new Section R313.4.1 'Location' as follows:

R313.4.1 Location. Carbon monoxide alarms shall be installed in the general vicinity of each sleeping area.

(Effective January 1, 2009)

CHAPTER 6

WALL CONSTRUCTION

SECTION R602

WOOD WALL FRAMING

*Revise Section R602.10.5 'Continuous structural panel sheathing' of the Georgia Amendment revised January 1, 2007 to add sentence at end of section paragraph as follows:

R602.10.5 Continuous structural panel sheathing.

(Remainder of section left unchanged)

. . .the wall height. Other bracing methods prescribed by this code shall be permitted on other braced wall lines.

(Effective January 1, 2009)

*Revise Section R602.10.5 'Continuous structural panel sheathing' exception, of the Georgia Amendment revised January 1, 2007 to add sentence at end of exception paragraph as follows:

R602.10.5 Continuous structural panel sheathing.

Exception:

(Remainder of exception left unchanged)

. . .Categories A-C. Other bracing methods prescribed by this code shall be permitted on other braced wall lines.

(Effective January 1, 2009)

CHAPTER 24

FUEL GAS

SECTION G2420 (409)

GAS SHUTOFF VALVES

*Revise Section G2420.1.2 (409.1.2) 'Prohibited locations' to add exception as follows:

G2420.1.2 (409.1.2) Prohibited locations.

Exception:

Shut off valves shall be allowed in a room containing electric heating and or air-handling equipment when such room is used as a plenum.

(Effective January 1, 2009)

*Add new Section G2420.5.2 (GA Amendment 409.5.2) 'Located at manifold' as follows:

G2420.5.2 (GA Amendment 409.5.2) Located at manifold. Where the appliance shutoff valve is installed at a manifold, such shutoff valve shall be located within a 50 foot radius (15 240 mm) of the appliance served and shall be readily accessible and permanently identified. The piping from the manifold to within 6 feet (1829 mm) of the appliance shall be designed, sized and installed in accordance with Sections G2412 through G2419.

(Effective January 1, 2009)

SECTION G2421 (410)

FLOW CONTROLS

*Revise Section G2421.1 (410.1) 'Pressure regulators' to read as follows:

G2421.1 (410.1) Pressure regulators. A line pressure regulator shall be installed where the appliance is designed to operate at a lower pressure than the supply pressure. Pressure regulators located within a dwelling unit shall be allowed to be installed in a room containing electric heating and air-handling equipment when such room is used as a plenum. Line gas pressure regulators shall be listed as complying with ANSI Z21.80. Access shall be provided to pressure regulators. Pressure regulators shall be protected from physical damage. Regulators installed on the exterior of the building shall be approved for outdoor installation.

(Effective January 1, 2009)

This space intentionally left blank.

CHAPTER 43

REFERENCED STANDARDS

*Revise Chapter 43 'Referenced Standards' to add referenced standards as follows:

UL

Underwriters Laboratories, Inc.

333 Pfingsten Road

Northbrook, IL 60062

Standard number reference

Title

Referenced in code section number

ANSI/UL 2034-96 Single and Multiple Station .....................R313.4, GA Amendments Carbon Monoxide Alarms

CSA

Canadian Standards Association

5060 Spectrum Way, Suite 100

Mississauga, Ontario, Canada L4W 5N6

Standard number reference

Title

Referenced in code section number

CSA 6.19-01 Residential Carbon Monoxide .......................R313.4, GA Amendments Alarming Devices

(Effective January 1, 2009)

End of Amendments.

Georgia State Amendments to the National Electrical Code (2008 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.state.ga.us Revised January 1, 2009

GEORGIA STATE MINIMUM

STANDARD ELECTRICAL CODE

(NATIONAL ELECTRICAL CODE)

The NATIONAL ELECTRICAL CODE, 2008 Edition, published by the National Fire Protection Association, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the

The NATIONAL ELECTRICAL CODE, 2008 Edition, published by the National Fire Protection Association, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the NATIONAL ELECTRICAL CODE, 2008 Edition shall constitute the official Georgia State Minimum Standard Electrical Code.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

*Revise the National Electrical Code, 2008 Edition, as follows:

ARTICLE 90

INTRODUCTION

*Delete Item (5) of Subsection (B) 'Not Covered' of Section 90.2 'Scope' and substitute the following:

90.2 Scope.

(B) Not Covered.

(5) Installations under the exclusive control of an electric utility where such installations:

a. Consist of service drops or service laterals, and associated metering, or

b. Are located in legally established easements, rights-of-way, or by other agreements either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations, or

c. Are on property owned or leased by the electric utility for the purpose of communications, metering, generation, control, transformation, transmission, or distribution of electric energy.

FPN to (4) and (5): Examples of utilities may include those entities that are typically designated or recognized by governmental law or regulation by public service/utility commissions and that install, operate, and maintain electric supply (such as generation, transmission, and distribution systems) or communication systems (such as telephone, CATV, Internet, satellite, or data services). Utilities may be subject to compliance with codes and standards covering their regulated activities as adopted under governmental law or regulation. Additional information can be found through consultation with the appropriate governmental bodies, such as state regulatory commissions, Federal Energy Regulatory Commission, and Federal Communications Commission.

(Effective January 1, 2009)

CHAPTER 2

WIRING AND PROTECTION

ARTICLE 210

BRANCH CIRCUITS

*Revise Item (2) of Subsection (A) 'Dwelling Units' of Section 210.8 'Ground-Fault Circuit-Interrupter Protection for Personnel' to add exceptions as follows:

210.8 Ground-Fault Circuit-Interrupter Protection for Personnel.

(A) Dwelling Units.

Exception No. 1 to (2): Receptacles supplying an overhead garage door operator shall not be required to have ground-fault circuit-interrupter protection.

Exception No. 2 to (2): A single receptacle or a duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one place to another and that is cord-and-plug connected in accordance with 400.7(A)(6), (A)(7), or (A)(8). Receptacles installed under exceptions to 210.8(A)(2) shall not be considered as meeting the requirements of 210.52 (G). All non-GFCI protected receptacles shall be clearly marked.

(Remainder of section left unchanged.)

(Effective January 1, 2009)

*Delete Subsection (B) 'Dwelling Units' of Section 210.12 'Arc-Fault Circuit-Interrupter Protection' and substitute the following:

210.12 Arc-Fault Circuit-Interrupter Protection.

(B) Dwelling Unit Bedrooms. All 120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets installed in dwelling unit bedrooms shall be protected by a listed arc-fault circuit interrupter to provide protection of the branch circuit.

FPN: For information on types of arc-fault circuit interrupters, see UL 1699-1999, Standard for Arc-Fault Circuit Interrupters.

Exception: The location of the arc-fault circuit interrupter shall be permitted to be at other than the origination of the branch circuit in compliance with (a) and (b):

(a) The arc-fault circuit interrupter installed within 1.8m (6 ft) of the branch circuit overcurrent device as measured along the branch circuit conductors.

(b) The circuit conductors between the branch circuit overcurrent device and the arc-fault circuit interrupter shall be installed in a neutral raceway or a cable with a metallic sheath.

(Effective January 1, 2009; AMENDMENT EXPIRES JANUARY 1, 2010)

End of Amendments.

History

• Authority: O.C.G.A. Sec. 8-2-20et seq
• History. Original Rule entitled "Adoption of the 2006 International Property Maintenance Code with Georgia Amendments, Adoption of the 2006 International Existing Building Code with Georgia Amendments, Adoption of the 2008 National Electrical Code with Georgia Amendments, Georgia Amendments to the 2006 International Energy Conservation Code, the 2006 International Fuel Gas Code, the 2006 International Plumbing Code, the 2006 International Building Code and the 2006 International Residential Code for One- and Two-Family Dwellings, effective Jan. 1, 2009" adopted. F. Nov. 20, 2008; effective January 1, 2009, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.20 Adoption of Georgia Amendments to the 2006 International Building Code, 2006 International Residenti Code for One- and Two- Family Dwellings, 2006 International Plumbing Code, 2006 International Mechanical Code, 2006 International Fuel Gas Code and 2006 International Fire Code, effective January 1, 2010

Georgia State Amendments to the International Residential Code for One- and Two- Family Dwellings (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.ga.gov Revised January 1, 2010

GEORGIA STATE MINIMUM STANDARD

ONE AND TWO FAMILY DWELLING CODE

(INTERNATIONAL RESIDENTIAL CODE FOR

ONE- AND TWO-FAMILY DWELLINGS

WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, 2006 Edition, shall constitute the official Georgia State Minimum Standard One and Two Family Dwelling Code.

Part IV, Energy Conservation (Chapter 11), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute all references to Chapter 11 ENERGY EFFICIENCY with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments).

Part VII, Plumbing (Chapters 25 through 32), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute for plumbing requirements the Georgia State Minimum Standard Plumbing Code (International Plumbing Code with Georgia State Amendments).

Part VIII, Electrical (Chapters 33 through 42), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute for electrical requirements the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for heating and air conditioning equipment.

SCOPE:

The provisions of the GeorgiaState Minimum Standard One and Two Family Dwelling Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress and their accessory structures.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

*Revise the International Residential Code for One- and Two-Family Dwellings, 2006 Edition, as follows:

CHAPTER 2

DEFINITIONS

SECTION R202

DEFINITIONS

*Add new definition 'Air-Impermeable Insulation' to Section R202 'Definitions' as follows:

AIR-IMPERMEABLE INSULATION. An insulation having an air permanence equal to or less than 0.02 L/s-m2 at 75 Pa pressure differential tested according to ASTM E 2178 or E 283.

(Effective January 1, 2010)

*Revise definition of 'Townhouse' of the 2009 Georgia Amendment to read as follows:

TOWNHOUSE. Multiple single-family dwelling units, separately owned, constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way onat least two sides.

(Effective January 1, 2010)

CHAPTER 8

ROOF-CEILING CONSTRUCTION

SECTION R806

ROOF VENTILATION

*Delete Section R806.4 'Conditioned attic assemblies' and substitute the following:

R806.4 Unvented attic assemblies. Unvented attic assemblies (spaces between the ceiling joists of the top story and the roof rafters) shall be permitted if all the following conditions are met:

1. The unvented attic space is completely contained within the building thermal envelope.

2. No interior vapor retarders are installed on the ceiling side (attic floor) of the unvented attic assembly.

3. Where wood shingles or shakes are used, a minimum 1/4 inch (6 mm) vented air space separates the shingles or shakes and the roofing underlayment above the structural sheathing.

4. Either Items a., b. or c. shall be met, depending on the air permeability of the insulation directly under the structural roof sheathing.

a. Air-impermeable insulation only. Insulation shall be applied in direct contact to the underside of the structural roof sheathing.

b. Air-permeable insulation only. In addition to the air-permeable insulation installed directly below the structural sheathing, rigid board or sheet insulation shall be installed directly above the structural roof sheathing as specified in Table R806.4 for condensation control.

c. Air-impermeable and air-permeable insulation. The air-impermeable insulation shall be applied in direct contact to the underside of the structural roof sheathing as specified in Table R806.4 for condensation control. The air-permeable insulation shall be installed directly under the air-impermeable insulation.

TABLE R806.4

INSULATION FOR CONDENSATION CONTROL

CLIMATE ZONE MINIMUM RIGID BOARD OR AIR-IMPERMEABLE INSULATION R-VALUE a

2B and 3B tile roof only 0 (none required)

1, 2A, 2B, 3A, 3B, 3C R-5

4C R-10

4A, 4B R-15

5 R-20

6 R-25

7 R-30

8 R-35

a. Contributes to but does not supersede the requirements of the Georgia State Minimum Standard Energy Code.

(Effective January 1, 2010)

CHAPTER 15

EXHAUST SYSTEMS

SECTION M1502

CLOTHES DRYER EXHAUST

*Revise Section M1502.6 'Duct length' to read as follows:

M1502.6 Duct length. The maximum length of a clothes dryer exhaust duct shall not exceed 35 feet (10668 mm) from the dryer location to the wall or roof termination. The maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.57 rad) bend. The maximum length of the exhaust duct does not include the transition duct.

Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions. Where exhaust ducts are installed in concealed locations, the developed length of the exhaust duct system shall be indicated by permanent labels or tags installed in an observable location.

(Effective January 1, 2010)

CHAPTER 24

FUEL GAS

SECTION G2415 (404)

PIPING SYSTEM INSTALLATION

*Revise Section G2415.1 (404.1) 'Prohibited locations' to read as follows:

G2415.1 (404.1) Prohibited locations. Piping shall not be installed in or through a ducted supply, return or exhaust, clothes chute, chimney or gas vent, dumbwaiter or elevator shaft. Piping installed downstream of the point of delivery shall not extend through any townhouse unit other than the unit served by such piping.

(Effective January 1, 2010)

SECTION G2420 (409)

GAS SHUTOFF VALVES

*Revise Section G2420.5 (409.5) 'Equipment shutoff valve' to add exception number 2 as follows:

G2420.5 (409.5) Equipment shutoff valve.

Exceptions:

1. Shutoff valves for vented decorative appliances and decorative appliances for installation in vented fireplaces shall not be prohibited from being installed in an area remote from the appliance where such valves are provided with ready access. Such valves shall be permanently identified and shall serve no other equipment.

2. Shutoff valves for ranges/ovens and dryers shall be allowed to be located behind such equipment.

(Effective January 1, 2010)

SECTION G2439 (614)

CLOTHES DRYER EXHAUST

*Revise Section G2439.5.1 (614.6.1) 'Maximum length' to read as follows:

G2439.5.1 (614.6.1) Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 35 feet (10668 mm) from the dryer location to the outlet terminal. The maximum length of the duct shall be reduced 2 1/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 degree (1.57 rad) bend. The maximum length of the exhaust duct does not include the transition duct.

Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions. Where exhaust ducts are installed in concealed locations, the developed length of the exhaust duct system shall be indicated by permanent labels or tags installed in an observable location.

(Effective January 1, 2010)

End of Amendments.

Georgia State Amendments to the International Building Code (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.ga.gov Revised January 1, 2010

GEORGIA STATE MINIMUM STANDARD BUILDING CODE (INTERNATIONAL BUILDING CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL BUILDING CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the INTERNATIONAL BUILDING CODE, 2006 Edition, shall constitute the official Georgia State Minimum Standard Building Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of equipment.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

SCOPE:

The provisions of the Georgia State Minimum Standard Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception #1: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the Georgia State Minimum Standard One and Two Family Dwelling Code (International Residential Code for One- and Two-Family Dwellings with Georgia State Amendments).

Exception #2: The following table titled 'Codes Reference Guide' establishes specific primary and supplementary code applications and is to be applied by the authority having jurisdiction.

CODES REFERENCE GUIDE

Area

Primary

Supplement

Occupancy Classification

LSC

IBC

Building Construction Types Including allowable height, allowable building areas, and the requirements for sprinkler protection related to minimum building construction types.

IBC

LSC

Means of Egress

LSC

NONE

Standpipes

IBC

IFC

Interior Finish

LSC

NONE

HVAC Systems

IMC

NONE

Vertical Openings

LSC

NONE

Sprinkler Systems minimum construction standard

LSC

NONE

Fire Alarm Systems

LSC

NONE

Smoke Alarms and Smoke Detection Systems

State Statute and LSC

NONE

Portable Fire Extinguishers

IFC

NONE

Cooking Equipment

LSC and NFPA 96

NONE

Fuel Fired Appliances

IFGC

NFPA 54

Liquid Petroleum Gas

NFPA 58

NFPA 54 or IFGC

Compressed Natural Gas

NFPA 52

NONE

*Revise the International Building Code, 2006 Edition, as follows:

CHAPTER 7

FIRE-RESISTANCE-RATED CONSTRUCTION

SECTION 707

SHAFT ENCLOSURES

*Revise Section 707.14.1 'Elevator lobby', exception 9, of the Georgia Amendment revised January 1, 2007 to read as follows:

707.14.1 Elevator Lobby.

Exception:

9. Lobbies are not required where a listed elevator door opening protective device tested in accordance with UL1784 and compliant with ICC ES AC 77, is provided at the hoistway opening other than at the designated primary and alternate floors of elevator return. Written notification provided by installing party be provided to local fire responding party and the Georgia Department of Labor Safety Engineering.

(Effective January 1, 2010)

CHAPTER 16

STRUCTURAL DESIGN

SECTION 1603

CONSTRUCTION DOCUMENTS

*Revise and re-title Section 1603.1.8 'Systems and components requiring special inspections for seismic resistance' to read as follows:

1603.1.8 Special inspections statements on construction documents. The construction documents shall include as a minimum the requirements in Sections 1603.1.8.1 through 1603.1.8.3:

1603.1.8.1 Special inspections statement on construction documents. The content of the statement of special inspections required in Section 1705.2 shall be shown on the construction documents and shall include as a minimum the following:

1. The materials, systems, components and/or work required to have special inspections or testing by the building official or by the registered design professional responsible for each portion of the work.

2. The type and extent of each special inspection.

3. The type and extent of each test.

4. Additional requirements for special inspection or testing for seismic or wind resistance as specified in Section 1705.3, 1705.4, 1707 or 1708.

5. For each type of special inspection, identification as to whether it will be a continuous special inspection or a periodic special inspection.

1603.1.8.2 Final report statement for special inspections. The construction documents shall contain the following statement:

"Special inspection reports and a final report in accordance with Section 1704.1.2 of the Georgia State Minimum Standard Building Code shall be available at the time the building is approved for occupancy."

1603.1.8.3 Systems and components requiring special inspections for seismic resistance. Construction documents or specifications shall be prepared for those systems and components requiring special inspection for seismic resistance as specified in Section 1707.1 by the registered design professional responsible for their design and shall be submitted for approval in accordance with Section 107.1. Reference to seismic standards in lieu of detailed drawings is acceptable.

VERIFICATION AND INSPECTIONS

CONTINUOUS

PERIODIC

REFERENCED STANDARD

IBC REFERENCE

12. Inspection of anchors installed in hardened concrete.

---

X

ACI 318:

3.8.6, 8.1.3, 21.2.8

1912.1

(Effective January 1, 2010)

CHAPTER 17

STRUCTURAL TESTS AND SPECIAL INSPECTIONS

SECTION 1704

SPECIAL INSPECTIONS

*Revise Table 1704.4 'Required Verification and Inspection of Concrete Construction' by adding line item 12 as follows:

(Effective January 1, 2010)

*Replace 2007 Georgia Amendment Table 1704.1 'Minimum Special Inspector Qualifications' See pages 7 through 9.

(Effective January 1, 2010)

CHAPTER 30

ELEVATORS AND CONVEYING SYSTEMS

SECTION 3002

HOISTWAY ENCLOSURES

*Revise Section 3002.4 'Elevator car to accommodate ambulance stretcher' to add exception as follows:

3002.4 Elevator car to accommodate ambulance stretcher.

Exception: Elevators with 50 feet or less of travel serving only one residence of a one- or two-family dwelling or townhouse shall be in compliance with ASME A17.1 as currently adopted and amended by the Georgia Department of Labor.

(Effective January 1, 2010)

CHAPTER 35

REFERENCED STANDARDS

*Revise the 'ACEC/G' reference of the 2007 Georgia Amendment to Chapter 35 'Referenced Standards' to read as follows:

ACEC/G

American Council of Engineering Companies of Georgia

Harris Tower, Suite 700

233 Peachtree Street

Atlanta, Georgia 30303

Standard number reference

Title

Referenced in code section number

ACEC/SEAOG SI GL 01-2009

Georgia Special Inspections Guidelines................

(http://www.acecga.org/ to download document)

1701.4, 2007GA Amendments

End of Amendments.

TABLE 1704.1 MINIMUM SPECIAL INSPECTOR QUALIFICATIONS

Category of Testing and Inspection Minimum Qualifications (refer to key at end of Table)

Shop Testing or Inspection

Field Testing or Inspection

Review Submittals

Review Testing, Certification, & Lab Reports

1704.2 Inspection of Fabricators

Pre-cast concrete

A, C, E

Structural steel construction

C, F, G

Wood construction

A

Cold formed metal construction

A

1704.3 & 1707.2 Steel Construction

Testing of welding

G

G

Inspection of welding

C, F

C, F

Material verification of structural steel, High strength bolts, nuts and washers

A

A, C

Material verification of weld filler materials

C, F

High strength bolting, inspection of steel frame joint details

A, C

1704.4 & 1708.3 Concrete Construction

Reinforcing placement, cast-in-place bolts, post installed anchors, concrete and shotcrete placement and curing operations

A, C, H

Pre-stressing steel installation

A, C, D, E

Erection of pre-cast concrete members

A, C, H

Concrete field sampling and testing

A, J

Review certified mill reports and design mixes

A

Verify use of required design mix

A, I, J, H, C

Pre-stressed (pre-tensioned) concrete force application

A, C, E

Post-tensioned concrete force application

A, C, D

Review of in-situ concrete strength, prior to stressing of tendons in post-tensioned concrete and prior to removal of shores and forms from beams and structural slabs

A, C, D, H

Reinforcing steel weldability, reinforcing welding, weld filler material

C, F

Sampling/testing of grout/mortar specimens

A, C, L, M

Observe preparation of masonry prisms for testing of compressive strength of masonry, f'm

A, C, K, L, M

Inspection of welding of reinforcing steel

C, F

Testing of welding of reinforcing steel

G

1704.7 & 1803 Soils

Observe site preparation, fill placement testing of compaction for compliance with the construction documents for the project

A, C, I, N

Observe test bearing materials below shallow foundations for ability to achieve design bearing capacity

A, C, N, I (Level III)

Review compaction testing for compliance with the construction documents for the project

A

1704.6 Wood Construction

Observe structural panel sheathing, size of framing members, nail or staple diameter and length, number of fastener lines, and spacing of fastener lines and fasteners for compliance with construction documents for the project

A

1704.8, 1704.9 & 1808 Pile and Pier Foundations

Observe installation

A, N

Observe load tests

A

1704.10 Sprayed Fire-Resistant Materials

Observe surface conditions, application, average thickness and density of applied material, and cohesive/adhesive bond

A, C

1704.11 Mastic and intumescent fire-resistant coatings

Observe application compliance with AWCI 12-B

A, C

1704.12 Exterior Insulation and Finish Systems

Inspect EIFS systems

A, B, C, O

KEY: Georgia Professional Engineer (GA PE) competent in the specific task area or graduate of accredited engineering/engineering technology program under the direct supervision of a GA PE. Georgia Registered Architect (GA RA) or graduate of accredited architecture/architecture technology program under the direction of a GA RA. International Code Council (ICC) Special Inspector Certification specific to the particular material and testing methodology applicable to each Category of Testing and Inspection listed in the table. Post-tensioning Institute (PTI) Certification, Level 2, bonded or unbonded as applicable. Pre-stressed Concrete Institute (PCI) Certified Inspector. American Welding Society (AWS) Certified Welding Inspector (CWI) or AWS Certified Associate Welding Inspector working under the direct on-site supervision of a CWI. American Society for Nondestructive Testing (ASNT) Level II certification, or a Level III certification if previously certified as a Level II in the particular material and testing methodology applicable to each Category of Testing and Inspection listed in the table. American Concrete Institute (ACI) Concrete Construction Special Inspector. National Institute for Certification in Engineering Technologies (NICET) Level II or higher certification specific to the particular material and testing methodology applicable to each Category of Testing and Inspection listed in the table. ACI Concrete Field Testing Technician with Grade 1 certification. Georgia Concrete and Products Association (GC&PA) - Masonry Association of Georgia (MAG) Masonry Construction Inspector Certification. National Concrete Masonry Association (NCMA) Concrete Masonry Testing Procedures certification. GC&PA - MAG Masonry Testing Technician certification. NICET Certified Engineering Technologist (CT). Other Qualified Special Inspector as approved by the Building Official. Notes: 1. The Special Inspector shall meet one of the minimum qualifications listed for the applicable Category of Testing and Inspection. 2. Materials testing shall be done by an Approved Testing Agency meeting the requirements of IBC Section 1703 and ASTM E 329.

Georgia State Amendments to the International Plumbing Code (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.ga.gov Revised January 1, 2010

GEORGIA STATE MINIMUM STANDARD PLUMBING CODE (INTERNATIONAL PLUMBING CODE WITH GEORGIA STATE AMENDMENTS)

The International Plumbing Code, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the International Plumbing Code, 2006 Edition, shall constitute the official Georgia State Minimum Standard Plumbing Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECCwith Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of plumbing equipment.

GEORGIA STATE MINIMUM REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

*Revise the International Plumbing Code, 2006 Edition, as follows:

APPENDIX C

GRAY WATER RECYCLING SYSTEMS

SECTION C102

SYSTEMS FOR FLUSHING WATER

CLOSETS AND URINALS

*Revise first sentence of Section C102.6 'Identification' of the 2009 Georgia Amendment to read as follows:

C102.6 Identification. Distribution plumbing fixtures and reservoirs shall be identified as containing nonpotable gray water. Piping shall be purple and identified in accordance with Section 608.8.

(Effective January 1, 2010)

*Add new Section C102.6.1 'Gray water valve identification' to the 2009 Georgia Amendment as follows:

C102.6.1 Gray water valve identification. Gray water valves shall be identified as nonpotable gray water and also identified as for the purpose of the valve.

(Effective January 1, 2010)

*Revise title of 'Appendix I' of the 2009 Georgia Amendment from 'Rain Water Recycling Systems' to 'Rain Water Harvesting Systems'. Also revise all other references in Appendix I from 'Rain Water Recycling Systems' to 'Rain Water Harvesting Systems'.

(Effective January 1, 2010)

SECTION I101

GENERAL

*Revise first sentence of Section I101.1 'Scope' of the 2009 Georgia Amendment to read as follows:

I101.1 Scope. The provisions of this appendix shall govern the materials, design, construction and installation of rain water systems for automatic clothes washers, flushing of water closets, flushing of urinals, and cooling tower makeup water. Nothing in this appendix shall be construed to restrict the use of rain water for outdoor irrigation.

(Effective January 1, 2010)

*Revise Section I101.9 'Potable water connections' of the 2009 Georgia Amendment to read as follows:

I101.9 Potable water connections. Only connections in accordance with Section I102.3 shall be made between a rain water harvesting system and a potable water system.

(Effective January 1, 2010)

*Delete Section I102.1 'Collection reservoir' of the 2009 Georgia Amendment in its entirety without substitution.

(Effective January 1, 2010)

End of Amendments.

Georgia State Amendments to the International Mechanical Code (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.ga.gov Revised January 1, 2010

GEORGIA STATE MINIMUM STANDARD MECHANICAL CODE

(INTERNATIONAL MECHANICAL CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL MECHANICAL CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the INTERNATIONAL MECHANICAL CODE, 2006 Edition, shall constitute the official Georgia State Minimum Standard Mechanical Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECCwith Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of mechanical equipment.

SCOPE:

The provisions of the Georgia State Minimum Standard Mechanical Code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the Georgia State Minimum Standard Gas Code (International Fuel Gas Code with Georgia State Amendments).

EXCEPTION: Detached one and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the InternationalResidential Code.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

*Revise the International Mechanical Code, 2006 Edition, as follows:

CHAPTER 4

VENTILATION

SECTION 406

VENTILATION OF UNINHABITED SPACES

*Revise Section 406.1 'General' to add exception as follows:

406.1 General.

Exception: Unvented attic assemblies that comply with Section R806.4 of the International Residential Code.

(Effective January 1, 2010)

CHAPTER 5

EXHAUST SYSTEMS

SECTION 504

CLOTHES DRYER EXHAUST

*Revise Section 504.6.1 'Maximum length' to read as follows:

504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 35 feet (10668 mm) from the dryer location to the outlet terminal. The maximum length of the duct shall be reduced 2 1/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 degree (1.57 rad) bend. The maximum length of the exhaust duct does not include the transition duct.

Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions. Where exhaust ducts are installed in concealed locations, the developed length of the exhaust duct system shall be indicated by permanent labels or tags installed in an observable location.

(Effective January 1, 2010)

End of Amendments.

Georgia State Amendments to the International Fuel Gas Code (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.ga.gov Revised January 1, 2010

GEORGIA STATE MINIMUM STANDARD

GAS CODE

(INTERNATIONAL FUEL GAS CODE

WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL FUEL GAS CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the INTERNATIONAL FUEL GAS CODE, 2006 Edition, shall constitute the official Georgia State Minimum Standard Gas Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

*Revise the International Fuel Gas Code, 2006 Edition, as follows:

CHAPTER 4

GAS PIPING INSTALLATIONS

SECTION 404 (IFGC)

PIPING SYSTEM INSTALLATION

*Revise Section 404.1 'Prohibited locations' to read as follows:

404.1 Prohibited locations. Piping shall not be installed in or through a ducted supply, return or exhaust, clothes chute, chimney or gas vent, dumbwaiter or elevator shaft. Piping installed downstream of the point of delivery shall not extend through any townhouse unit other than the unit served by such piping.

(Effective January 1, 2010)

SECTION 409 (IFGC)

SHUTOFF VALVES

*Revise Section 409.5 'Equipment shutoff valve' to add exception number 2 as follows:

409.5 Equipment shutoff valve.

Exceptions:

1. Shutoff valves for vented decorative appliances and decorative appliances for installation in vented fireplaces shall not be prohibited from being installed in an area remote from the appliance where such valves are provided with ready access. Such valves shall be permanently identified and shall serve no other equipment. Piping from the shutoff valve to within 3 feet (914 mm) of the appliance connection shall be sized in accordance with Section 402.

2. Shutoff valves for ranges/ovens and dryers shall be allowed to be located behind such equipment.

(Effective January 1, 2010)

CHAPTER 6

SPECIFIC APPLIANCES

SECTION 614 (IFGC)

CLOTHES DRYER EXHAUST

*Revise Section [M] 614.6.1 'Maximum length' to read as follows:

[M] 614.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 35 feet (10668 mm) from the dryer location to the outlet terminal. The maximum length of the duct shall be reduced 2 1/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 degree (1.57 rad) bend. The maximum length of the exhaust duct does not include the transition duct.

Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions. Where exhaust ducts are installed in concealed locations, the developed length of the exhaust duct system shall be indicated by permanent labels or tags installed in an observable location.

(Effective January 1, 2010)

End of Amendments.

Georgia State Amendments to the International Fire Code (2006 Edition) Georgia Department of Community Affairs Planning and Environmental Management Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.ga.gov Revised January 1, 2010

GEORGIA STATE MINIMUM STANDARD FIRE CODE

(INTERNATIONAL FIRE CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL FIRE CODE, 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the International Fire Code 2006 Edition, shall constitute the official Georgia State Minimum Standard Fire Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of equipment.

SCOPE:

The Georgia State Minimum Standard Fire Code establishes regulations affecting or relating to structures, processes and premises and safeguards from the hazards of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from fire hazards in the structure or on the premise from occupancy or operation. It also applies to the construction, extension, repair, alteration or removal of fire suppression and alarm systems.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

*Revise the International Fire Code, 2006 Edition, as follows:

CHAPTER 6

BUILDING SERVICES AND SYSTEMS

SECTION 603

FUEL-FIRED APPLIANCES

*Delete Section 603.4 of the 2007 Georgia Amendment in its entirety and insert in its place the following:

603.4 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in occupancies in Groups A, E, I, R-1, R-2, R-3 and R-4.

Exceptions:

1. Listed and approved unvented fuel-fired heaters in one- and two-family dwellings and portable outdoor gas-fired heating appliances used outside one- and two-family dwellings.

2. Portable outdoor gas-fired heating appliances are allowed in accordance with Section 603.4.2.

603.4.1 Prohibited locations. Unvented fuel-fired heating equipment shall not be located in, or obtain combustion air from, any of the following rooms or spaces: sleeping rooms, bathrooms, toilet rooms or storage closets.

603.4.2 Portable outdoor gas-fired heating appliances. Portable gas-fired heating appliances located outdoors shall be in accordance with Sections 603.4.2.1 through 603.4.2.3.4.

603.4.2.1 Location. Portable outdoor gas-fired heating appliances shall be located in accordance with Sections 603.4.2.1.1 through 603.4.2.1.4.

603.4.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is prohibited where any of the following exist:

1. Inside any occupancy when connected to the fuel gas container.

2. Inside tents, canopies and membrane structures.

3. On exterior balconies in accordance with NFPA 58.

603.4.2.1.2 Clearance to buildings. Portable outdoor gas-fired heating appliances shall be located at least 5 feet (1524 mm) from buildings.

603.4.2.1.3 Clearance to combustible materials. No portion of portable outdoor gas-fired heating appliances shall be located beneath, or closer than 5 feet (1524 mm) to combustible overhangs, awnings, sunshades or similar combustible attachments to buildings and combustible decorations.

603.4.2.1.4 Proximity to exits. Portable outdoor gas-fired heating appliances shall not be located within 10 feet (3048 mm) of exits or exit discharges.

603.4.2.2 Installation and operation. Portable outdoor gas-fired heating appliances shall be installed and operated in accordance with Sections 603.4.2.2.1 through 603.4.2.2.4.

603.4.2.2.1 Listing and approval. Only listed and approved heating appliances utilizing a fuel gas container that is integral to the appliance shall be used.

603.4.2.2.2 Installation and maintenance. Portable outdoor gas-fired heating appliances shall be installed and maintained in accordance with the manufacturer's instructions.

603.4.2.2.3 Tip-over switch. Portable gas-fired heating appliances shall be equipped with a tilt or tip-over switch that automatically shuts off the flow of gas if the appliance is tilted more than 15 degrees (0.26 rad) from vertical.

603.4.2.2.4 Guard against contact. The heating element or combustion chamber shall be permanently guarded so as to prevent accidental contact by persons or material.

603.4.2.3 Gas containers. Fuel gas containers for portable outdoor gas-fired heating appliances shall comply with Sections 603.4.2.3.1 through 603.4.2.3.4.

603.4.2.3.1 Approved containers. Only approved U.S. DOT or ASME gas containers shall be used.

603.4.2.3.2 Container replacement. Replacement of gas containers in the heating appliance shall not be conducted while the public is present.

603.4.2.3.3 Container capacity. The maximum individual capacity of gas containers used in connection with portable gas-fired heating appliances shall not exceed 20 pounds (9 kg).

603.4.2.3.4 Indoor storage prohibited. Gas containers shall not be stored inside of buildings except in accordance with Section 3809.9.

(Effective January 1, 2010)

End of Amendments.

Ga. Comp. R. & Regs. r. 110-11-1-.22 Adoption of the 2011 Edition of the National Electrical Code (NEC), Georgia Amendments to

Georgia State Amendments to the International Plumbing Code (2006 Edition) Georgia Department of Community Affairs Local Government Assistance Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.ga.gov Revised January 1, 2012

GEORGIA STATE MINIMUM STANDARD PLUMBING CODE

(INTERNATIONAL PLUMBING CODE WITH GEORGIA STATE AMENDMENTS)

The International Plumbing Code 2006 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments and all other Georgia State Amendments to the, International Plumbing Code, 2006 Edition, shall constitute the official Georgia State Minimum Standard Plumbing Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECCwith Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of plumbing equipment.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 34, Chapter 11 and the Rules and Regulations of the Georgia Department of Labor.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR HIGH EFFICIENCY PLUMBING FIXTURES

AND COOLING TOWERS

High efficiency plumbing fixtures and high efficiency cooling towers shall be installed in all new construction permitted on or after July 1, 2012.

*Revise the International Plumbing Code, 2006 Edition, as follows:

CHAPTER 2

DEFINITIONS

SECTION 202

GENERAL DEFINITIONS

*Add new definition of 'High Efficiency Plumbing Fixtures and Fittings' to read as follows:

HIGH EFFICIENCY PLUMBING FIXTURES AND FITTINGS.

Dual flush water closet. A dual flush water closet or toilet that the average flush volume of two reduced flushes and one full flush does not exceed 1.28 gallons and is listed to the WaterSense Tank-Type High Efficiency Toilet Specification.

Kitchen faucet or kitchen faucet replacement aerator. A kitchen faucet or kitchen faucet replacement aerator that allows a flow of no more than 2.0 gallons of water per minute.

Lavatory faucet or lavatory faucet replacement aerator. A lavatory faucet or lavatory faucet replacement aerator that allows a flow of no more than 1.5 gallons per minute at a pressure of 60 pounds per square inch and is listed to the WaterSense High Efficiency Lavatory Faucet Specification.

Nonwater urinal. A urinal that is designed to receive and convey only liquid waste through a trap seal into the gravity drainage system without the use of water for such function.

Single flush water closet. A single flush water closet or toilet, including gravity, pressure assisted, and electro-hydraulic tank types, that the average flush volume does not exceed 1.28 gallons and is listed to the WaterSense Tank-Type High Efficiency Toilet Specification.

Shower head. A shower head that allows a flow of no more than the average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure.

Urinal. A urinal and associated flush valve that uses no more than 0.5 gallons of water per flush and is listed to the WaterSense Specification for Flushing Urinals.

(Effective July 1, 2012)

*Add new definition of 'Lavatory Faucet' to read as follows:

LAVATORY FAUCET. A faucet that discharges into a lavatory basin in a domestic or commercial installation.

(Effective July 1, 2012)

*Revise the definition of 'Plumbing Fixture' to read as follows:

PLUMBING FIXTURE. A receptacle or device that receives water, waste or both and discharges water, waste, or both into a drainage system, and that is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water there-from; discharges wastewater, liquid-borne waste materials or sewage either directly or indirectly to the drainage system of the premises; or requires both a water supply connection and a discharge to the drainage system of the premises. The term includes a kitchen sink, utility sink, lavatory, bidet, bathtub, shower, urinal, toilet, water closet, or drinking water fountain.

(Effective July 1, 2012)

*Rename and revise the definition of 'Fixture Fitting' to read as follows:

PLUMBING FIXTURE FITTING. A device that controls and directs the flow of water or conveys sanitary waste. The term includes a sink faucet, lavatory faucet, showerhead, or bath filler.

Supply fitting. A fitting that controls the volume and/or directional flow of water and is either attached to or accessible from a fixture, or is used with an open or atmospheric discharge.

Waste fitting. A combination of components that conveys the sanitary waste from the outlet of a fixture to the connection to the sanitary drainage system.

(Effective July 1, 2012)

*Add new definition of 'Pressurized Flushing Device' to read as follows:

PRESSURIZED FLUSHING DEVICE. A device that contains a valve that: 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 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.

(Effective July 1, 2012)

*Add new definition of 'Toilet' to read as follows:

TOILET. A water closet.

(Effective July 1, 2012)

*Add new definition of 'Water Closet' to read as follows:

WATER CLOSET. 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.

(Effective July 1, 2012)

*Add new definition of 'WaterSense' to read as follows:

WATERSENSE. A voluntary program of the United States Environmental Protection Agency designed to identify and promote water efficient products and practices.

(Effective July 1, 2012)

*Add new definition of 'WaterSense Listed Plumbing Fixture or Plumbing Fixture Fitting' to read as follows:

WATERSENSE LISTED PLUMBING FIXTURE OR PLUMBING FIXTURE FITTING. A plumbing fixture or plumbing fixture fitting that has been tested by a accredited third-party certifying body or laboratory in accordance with the WaterSense Program of the United States Environmental Protection Agency, and has been listed (certified) by such body or laboratory as meeting the performance and efficiency requirements of the program, and has been authorized by the program to use its label.

(Effective July 1, 2012)

CHAPTER 3

GENERAL REGULATIONS

SECTION 301

GENERAL

*Add new Section 301.1.1 'Requirements for high efficiency plumbing fixtures' as follows:

301.1.1 Requirements for high efficiency plumbing fixtures. The installation of high efficiency plumbing fixtures shall be required in all new construction.

(Effective July 1, 2012)

*Add new Section 301.1.2 'Waiver for requirements of high efficiency plumbing fixtures' as follows:

301.1.2 Waiver of requirements for high efficiency plumbing fixtures.

Counties and municipalities are permitted to adopt an ordinance that grants a waiver for an exemption to the requirements for the installation of high efficiency plumbing fixtures 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 sewerage 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:

a. Specifically designed for use by person with disabilities;

b. Specifically designed to withstand unusual abuse or installation in a penal institution; or

c. Toilets for juveniles.

(Effective July 1, 2012)

CHAPTER 4

FIXTURES, FAUCETS AND FIXTURE FITTINGS

SECTION 419

URINALS

*Revise Section 419.1 'Approval' to read as follows:

419.1 Approval. Urinals shall conform to ANSI Z124.9, ASME A112.19.2M, CSA B45.1 or CSA B45.5. Urinals shall conform to the water consumption requirements of Section 604.4. Water supplied urinals shall conform to the hydraulic performance requirements of ASME A112.19.6, CSA B45.1 or CSA B45.5.

High efficiency urinals with pressurized flushing devices and flush tank (gravity type) flushing devices shall be listed to the WaterSense Specification for Flushing Urinals and shall conform to ASME A112.19.2/CSA B45.1.

Non-water urinals shall conform to ASME A112.19.3/CSA B45.4 or A112.19.19, CSA B45.4. Where non-water urinals are employed, they shall be cleaned and maintained in accordance with the manufacturer's instructions after installation. Where nonwater urinals are installed they shall have a properly sized 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.

(Effective July 1, 2012)

*Delete the 2009 GA Amendment to Section 419.2 'Substitution for water closets'.

(Effective July 1, 2012)

SECTION 420

WATER CLOSETS

*Revise Section 420.1 'Approval' to read as follows:

420.1 Approval. Toilets or water closets shall conform to the water consumption requirements of Section 604.4 and shall conform to ANSI Z124.4, ASME A112.19.2M, CSA B45.1, CSA B45.4 or CSA B45.5. Toilets or water closets shall conform to the hydraulic performance requirements of ASME A112.19.6. Toilet or water closet tanks shall conform to ANSI Z124.4, ASME A112.19.2, ASME A112.19.9M, CSA B45.1, CSA B45.4 or CSA B45.5. Electro-hydraulic toilets or water closets shall comply with ASME A112.19.13.

High efficiency single flush and dual-flush toilets or water closets shall conform to ASME A112.19.2/CSA B45.1 and ASME A112.19.14.

(Effective July 1, 2012)

SECTION 424

FAUCETS AND OTHER FIXTURE FITTINGS

*Revise Section 424.1'Approval' to add the following new paragraph at the end of the section:

Section 424.1 Approval.

High efficiency lavatory faucets or lavatory faucet replacement aerators in private use, such as, in residences and apartments, and private (nonpublic) restrooms in hotels and hospitals shall be listed to the WaterSense High Efficiency Lavatory Faucet Specification.

(Effective July 1, 2012)

CHAPTER 6

WATER SUPPLY AND DISTRIBUTION

SECTION 604

DESIGN OF BUILDING WATER DISTRIBUTION SYSTEM

*Revise Table 604.4 to read as follows:

TABLE 604.4 MAXIMUM FLOW RATES AND CONSUMPTION FOR PLUMBING FIXTURES AND FIXTURE FITTINGS

PLUMBING FIXTURE OR FIXTURE FITTING MAXIMUM FLOW RATE OR QUANTITYb

Lavatory, private 1.5f gpm at 60 psi

Lavatory, public (metering) 0.25 gallon per metering cycle

Lavatory, public (other than metering) 0.5 gpm at 60 psi

Shower heada 2.5 gpm at 60f psi

Sink faucet 2.0f gpm at 60 psi

Urinal 0.5f gallons per flushing cycle

Water closet 1.28c, d, e, f gallons per flushing cycle

For SI: 1 gallon = 3.785 L, 1 gallon per minute = 3.785 L/m, 1 pound per square inch = 6.895 kPa. a. A hand-held shower spray is a shower head. b. Consumption tolerances shall be determined from referenced standards. c. For flushometer valves and flushometer tanks, the average flush volume shall not exceed 1.28 gallons. d. For single flush water closets, including gravity, pressure assisted and electro-hydraulic tank types, the average flush volume shall not exceed 1.28 gallons. e. For dual flush water closets, the average flush volume of two reduced flushes and one full flush shall not exceed 1.28 gallons. f. See 2012 GA Amendment to Section 301.1.2 'Waiver from requirements of high efficiency plumbing fixtures' (Effective July 1, 2012)

CHAPTER 13

REFERENCED STANDARDS

*Revise to add the following new referenced standards for ASME:

American Society of Mechanical Engineers

Three Park Avenue

New York, NY 10016-59900

Standard Reference Number

Title

Reference in code section number

A112.19.2-2008/CSA B45.1-08

Ceramic Plumbing Fixtures...........................................................................................

420.1

A112.19.14-2006

Six-Liter Water Closets Equipped With a Dual Flushing Device....................

420.1

A112.19.19.2-2006

Vitreous China Nonwater Urinals.............................................

419.1

(Effective July 1, 2012)

*Revise to add the following new referenced standards for WATERSENSE:

WaterSense

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460

Standard Reference Number

Title

Reference in code section number

WaterSense

Tank-Type High Efficiency Toilet Specification ...........................................................................................

202, 420.1

WaterSense

Specification for Flushing Urinals ....................

420.1

WaterSense

High-Efficiency Lavatory Faucet Specification.............................................

419.1

(Effective July 1, 2012)

End of Amendments.

History

• History. Original rule adopted. F. Nov. 8, 2011; eff. Jan. 1, 2012.

Ga. Comp. R. & Regs. r. 110-11-1-.24 International Building Code (IBC), 2024 Edition with 2026 Georgia State Amendments

GEORGIA STATE MINIMUM STANDARD BUILDING CODE (INTERNATIONAL BUILDING CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL BUILDING CODE, 2024 Edition, published by the International Code Council, when used in conjunction with these and any other Georgia State Amendments to the INTERNATIONAL BUILDING CODE, 2024 Edition, shall constitute the officialGeorgia State Minimum Standard Building Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code ( National Electrical Code with Georgia State Amendments ).

(b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments) . The Georgia State Minimum Standard Energy Code shall be used for efficiency and coefficient of performance ratings of equipment.

(c)

By Georgia law, the

International Existing Building Code

is a permissive or optional State Minimum Standard Code. Consequently, the provisions contained in the

International Existing Building Code

are not mandatory or applicable unless specifically referenced in the adopting ordinance of local governments or referenced by this code.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

SCOPE:

The provisions of the Georgia State Minimum Standard Building Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception #1: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses separated by a 2-hour fire-resistance-rated wall assembly) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Georgia State Minimum Standard One-and Two-Family Dwelling Code (International Residential Code for One- and Two-Family Dwellings with Georgia State Amendments).

Exception #2: The following table titled 'Codes Reference Guide' establishes specific primary and supplementary code applications and is to be applied by the authority having jurisdiction.

CODES REFERENCE GUIDE

Area

Primary

Supplement

Occupancy Classification

LSC

IBC

Building Construction Types including allowable height, allowable building areas, and the requirements for sprinkler protection related to minimum building construction types.

IBC

LSC

Means of Egress

LSC

NONE

Standpipes

IBC

IFC

Interior Finish

LSC

NONE

HVAC Systems

IMC

NONE

Vertical Openings

LSC

NONE

Sprinkler Systems minimum construction standard

LSC

NONE

Fire Alarm Systems

LSC

NONE

Smoke Alarms and Smoke

Detection Systems

State Statute and LSC

NONE

Portable Fire Extinguishers

IFC

NONE

Cooking Equipment

LSC and NFPA 96

NONE

Fuel Fired Appliances

IFGC

NFPA 54

Liquid Petroleum Gas

NFPA 58

NFPA 54

Compressed Natural Gas

NFPA 52

NONE

*Revise the International Building Code, 2024 Edition, to read as follows:

CHAPTER 1

SCOPE AND ADMINISTRATION

*Delete Chapter 1 'Scope and Administration' entirely without substitution. Chapter 1 to remain in the Code as a reference and guide for local governments to use in the development of their own Administrative Procedures.

(Effective January 1, 2026)

CHAPTER 2

DEFINITIONS

*Revise Definition for 'FLOOD HAZARD AREA' to read as follows:

The greater of the following two areas:

1. For Risk Categories II, III, and IV structures, the Flood Hazard Area shall be the 500-year floodplain designated as the Special Flood Hazard Area and the Shaded X-Zone. For Risk Category I structures, the Flood Hazard Area shall be the 100-year floodplain designated as the Special Flood Hazard Area.

The area designated as a flood hazard area on a community's flood hazard map, or otherwise legally designated.

(Effective January 1, 2026)

CHAPTER 3

OCCUPANCY CLASSIFICATION AND USE

SECTION 308

INSTITUTIONAL GROUP I

*Add new Section 308.3.3 'Assisted living communities' to read as follows:

308.3.3 Assisted living communities. Assisted living communities, licensed by the State, housing twenty-five or more persons, meeting the Georgia State Fire Marshal's Office Life Safety Code requirements shall be deemed as equivalent compliance to the International Building Code Chapters 3, 4, 8, 9 and 10. (Effective January 1, 2026) CHAPTER 4 SPECIAL DETAILED REQUIREMENTS BASED ON OCCUPANCY AND USE SECTION 415 GROUPS H-1, H-2, H-3, H-4 AND H-5 *Revise Section [F] 415.9.2 'Liquefied petroleum gas facilities' to read as follows:

[F] 415.9.2

Liquefied petroleum gas facilities.

The construction and installation of liquefied petroleum gas

facilities

shall be in accordance with the requirements of this code, the

International Mechanical Code

and NFPA 58 and NFPA 54 both as adopted and amended by the Rules and Regulations of the Safety Fire Commissioner Chapter 120-3-16, "

Rules and Regulations for Liquefied Petroleum Gases".

(Effective January 1, 2026)

CHAPTER 5

GENERAL BUILDING HEIGHTS AND AREAS

SECTION 504

BUILDING HEIGHT AND NUMBER OF STORIES

*Revise Table 504.4 'Allowable Number of Stories Above Grade Plane a, b' for the Occupancy Classification "I-1 Condition 2" as shown and add a new footnote "i" to read as follows:

TABLE 504.4

ALLOWABLE NUMBER OF STORIES ABOVE GRADE PLANE a,b

OCCUPANCY CLASSIFICATION TYPE OF CONSTRUCTION

SEE FOOT NOTES

TYPE 1

TYPE II

TYPE III

TYPE IV

TYPE V

A

B

A

B

A

B

A

B

C

HT

A

B

I-1 Condition 2

NS d, e

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

NP

S i

UL

10

3

2

2

1

7

4

1

2

2

1

i. For all I-1 Condition 2, the building shall be protected throughout with an approved automatic sprinkler system, installed in accordance with NFPA 13 as adopted by the Rules and Regulations of the Safety Fire Commissioner. No increase in story height shall be permitted. (Remainder of table unchanged) (Effective January 1, 2026)

CHAPTER 7

FIRE AND SMOKE PROTECTION FEATURES

SECTION 706

FIRE WALLS

*Revise Section 706.2 'Structural stability' to read as follows:

706.2 Structural stability . Fire walls shall be designed and constructed to allow collapse of construction on either side without collapse of the wall under fire conditions and loading per Section 1607.16.2. Fire walls designed and constructed in accordance with NFPA 221 shall be deemed to comply with this section. Exception: In Seismic Design Categories D through F, where double fire walls are used in accordance with NFPA 221, floor and roof sheathing not exceeding 3/4 inch (19.05 mm) thickness shall be permitted to be continuous through the wall assemblies of light frame construction. (Effective January 1, 2026) *Delete Exception to Section 706.3 'Materials' without substitution. (Effective January 1, 2026)

SECTION 713

SHAFT ENCLOSURES

*Add new Section 713.14.1 'Designated floor lobbies for elevator return' to read as follows:

713.14.1

Designated floor lobbies for elevator return.

New elevators, escalators, dumbwaiters and moving walks shall be installed in accordance with the requirements of ASME A17.1, Safety Code for Elevators and Escalators. The designated elevator lobby of the designated floor and the designated alternate floor specified by ASME A17.1 Section 2.27.3 shall be separated from the remainder of the building by 1-hour fire-rated construction. In buildings equipped with automatic sprinkler protection, smoke partitions in accordance with the 'Rules and Regulations of the Safety Fire Commissioner Chapter 120-3-3 Rules and Regulations for the State Minimum Fire Safety Standards' may be used in lieu of 1-hour fire-rated construction. Except health care occupancies, openings in the elevator lobby shall be limited to those required for access to the elevators from exit access corridors only. Elevator lobbies may be used as part of the means of egress from the building.

Exceptions:

1. Designated floor elevator lobbies are not required within an atrium.

2. Designated floor elevator lobbies are not required where elevators are installed on open exterior walls.

3. Designated floor elevator lobbies are not required where elevators are installed in open air parking structures.

4. Designated floor elevator lobbies are not required in buildings three stories or less with vertical openings protected in accordance with the applicable occupancy chapter.

5. Existing installations acceptable to the authority having jurisdiction.

6. For existing buildings or existing structures reference Section 3401.3 (GA Amendments). (Effective January 1, 2026)

CHAPTER 9

FIRE PROTECTION AND LIFE SAFETY SYSTEMS

SECTION 901

GENERAL

*Revise Section 901.2 'Fire protection systems' to add new statement to read as follows:

901.2 Fire protection systems. Section 901.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section 901.3 'Modifications' to add new statement to read as follows:

901.3 Modifications. Section 901.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section 901.4 'Threads' to add new statement to read as follows:

901.4 Threads. Section 901.4 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section 901.5 'Acceptance tests' to add new statement to read as follows:

901.5 Acceptance tests. Section 901.5 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section 901.6 'Supervisory service' to add new statement to read as follows:

901.6

Supervisory service.

Section 901.6 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section 901.6.1 'Automatic sprinkler systems' to add new statement to read as follows:

901.6.1 Automatic sprinkler systems. Section 901.6.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section 901.6.2 'Fire alarm systems' to add new statement to read as follows:

901.6.2 Fire alarm systems. Section 901.6.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section 901.6.3 'Group H' to add new statement to read as follows:

901.6.3 Group H. Section 901.6.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise section 901.7 'Fire areas' to add new statement to read as follows:

901.7 Fire areas. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) SECTION 902 FIRE PUMP AND RISER ROOM SIZE *Revise Section 902.1 'Pump and riser room size' to add new statement to read as follows:

[F] 902.1

Pump and riser room size.

Section 902.1 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 902.1.1 'Access' to add new statement to read as follows:

[F] 902.1.1 Access. Section 902.1.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 902.1.2 'Marking on access doors' to add new statement to read as follows:

[F] 902.1.2 Marking on access doors. Section 902.1.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 902.1.3 'Environment' to add new statement to read as follows:

[F] 902.1.3 Environment. Section 902.1.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 902.1.4 'Lighting' to add new statement to read as follows:

[F] 902.1.4 Lighting. Section 902.1.4 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026)

SECTION 903

AUTOMATIC SPRINKLER SYSTEMS

*Revise Section [F] 903.1 'General' to add new statement to read as follows:

[F] 903.1

General.

Section 903.1 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.1.1 'Alternative protection' to add new statement to read as follows:

[F] 903.1.1 Alternative protection. Section 903.1.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2 'Where required' to add new statement to read as follows:

[F] 903.2

Where required.

Section 903.2 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.1 'Group A' to add new statement to read as follows:

[F] 903.2.1

Group A.

Section 903.2.1 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.1.1 'Group A-1' to add new statement to read as follows:

[F] 903.2.1.1 Group A-1. Section 903.2.1.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.1.2 'Group A-2' to add new statement to read as follows:

[F] 903.2.1.2 Group A-2. Section 903.2.1.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.1.3 'Group A-3' to add new statement to read as follows:

[F] 903.2.1.3 Group A-3. Section 903.2.1.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.1.4 'Group A-4' to add new statement to read as follows:

[F] 903.2.1.4 Group A-4. Section 903.2.1.4 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.1.5 'Group A-5' to add new statement to read as follows:

[F] 903.2.1.5

Group A-5.

Section 903.2.1.5 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.1.5.1 'Spaces under grandstands or bleachers' to add new statement to read as follows:

[F] 903.2.1.5.1 Spaces under grandstands or bleachers. Section 903.2.1.5.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.1.6 'Assembly occupancies on roofs' to add new statement to read as follows:

[F] 903.2.1.6 Assembly occupancies on roofs. Section 903.2.1.6 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.1.7 'Multiple fire areas' to add new statement to read as follows:

[F] 903.2.1.7 Multiple fire areas. Section 903.2.1.7 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.2 'Group B' to add new statement to read as follows:

[F] 903.2.2

Group B.

Section 903.2.2 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.2.1 'Ambulatory care facilities' to add new statement to read as follows:

[F] 903.2.2.1 Ambulatory care facilities. Section 903.2.2.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.2.2 'Laboratories involving testing, research and development' to add new statement to read as follows:

[F] 903.2.2.2 Laboratories involving testing, research and development. Section 903.2.2.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.3 'Group E' to add new statement to read as follows:

[F] 903.2.3 Group E. Section 903.2.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.4 'Group F-1' to add new statement to read as follows:

[F] 903.2.4

Group F-1.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.4.1 'Woodworking operations' to add new statement to read as follows:

[F] 903.2.4.1 Woodworking operations. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.4.2 'Group F-1 distilled spirits' to add new statement to read as follows:

[F] 903.2.4.2 Group F-1 distilled spirits. Section 903.2.4.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.4.3 'Group F-1 upholstered furniture or mattresses' to add new statement to read as follows:

[F] 903.2.4.3 Group F-1 upholstered furniture or mattresses. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.5 'Group H' to add new statement to read as follows:

[F] 903.2.5

Group H.

Section 903.2.5 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.5.1 'General' to add new statement to read as follows:

[F] 903.2.5.1 General. Section 903.2.5.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.5.2 'Group H-5 occupancies' to add new statement to read as follows:

[F] 903.2.5.2 Group H-5 occupancies. Section 903.2.5.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.5.3 'Pyroxylin plastics' to add new statement to read as follows:

[F] 903.2.5.3 Pyroxylin plastics. Section 903.2.5.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.6 'Group I' to add new statement to read as follows:

[F] 903.2.6 Group I. Section 903.2.6 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.7 'Group M' to add new statement to read as follows:

[F] 903.2.7

Group M.

Section 903.2.7 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.7.1 'High-piled storage' to add new statement to read as follows:

[F] 903.2.7.1 High-piled storage. Section 903.2.7.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.7.2 'Group M upholstered furniture or mattresses' to add new statement to read as follows:

[F] 903.2.7.2 Group M upholstered furniture or mattresses. Section 903.2.7.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.7.3 'Lithium-ion or lithium metal battery storage' to add new statement to read as follows:

[F] 903.2.7.3 Lithium-ion or lithium metal battery storage. Section 903.2.7.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.8 'Group R' to add new line and new exception to read as follows:

[F] 903.2.8

Group R

. An

automatic sprinkler system

installed in accordance with Section 903.3 shall be provided throughout all

buildings

with a Group R

fire area

.

Exception: Group R-1 and R-2 occupancies which meet the exceptions allowed by the 'Rules and Regulations of the Safety Fire Commissioner Chapter 120-3-3 Rules and Regulations for the State Minimum Fire Safety Standards' are exempt from this requirement.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.8.1 'Group R-3' to read as follows:

[F] 903.2.8.1 Group R-3. An automatic sprinkler system installed in accordance with Section 903.2.8.1 shall be permitted in Group R-3 occupancies. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.8.2 'Group R-4, Condition 1' to read as follows:

[F] 903.2.8.2 Group R-4, Condition 1. An automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be permitted in Group R-4, Condition 1 occupancies. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.8.3 'Care facilities' to read as follows:

[F] 903.2.8.3 Care facilities. An a utomatic sprinkler system installed in accordance with Section 903.3.1.2 shall be permitted in care facilities with five or fewer individuals in a single-family dwelling. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.9 'Group S-1' to add new statement to read as follows:

[F] 903.2.9

Group S-1.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.9.1 'Repair garages' to add new statement to read as follows:

[F] 903.2.9.1 Repair garages. Section 903.2.9.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.9.2 'Bulk storage of tires' to add new statement to read as follows:

[F] 903.2.9.2 Bulk storage of tires. Section 903.2.9.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.9.3 'Group S-1 distilled spirits or wine' to add new statement to read as follows:

[F] 903.2.9.3 Group S-1 distilled spirits or wine. Section 903.2.9.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.9.4 'Group S-1 upholstered furniture or mattresses' to add new statement to read as follows:

[F] 903.2.9.4 Group S-1 upholstered furniture and mattresses. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.10 'Group S-2 parking garages' to add new statement to read as follows:

[F] 903.2.10

Group S-2 parking garages.

Section 903.2.10 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.10.1 'Commercial parking garages' to add new statement to read as follows:

[F] 903.2.10.1 Commercial parking garages. Section 903.2.10.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.10.2 'Mechanical-access enclosed parking garages' to add new statement to read as follows:

[F] 903.2.10.2 Mechanical-access enclosed parking garages. Section 903.2.10.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.11 'Specific building areas and hazards' to add new statement to read as follows:

[F] 903.2.11

Specific building areas and hazards.

Section 903.2.11 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.11.1 'Stories without openings' to add new statement to read as follows:

[F] 903.2.11.1

Stories without openings.

Section 903.2.11.1 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.2.11.1.1 'Opening dimensions and access' to add new statement to read as follows:

[F] 903.2.11.1.1 Opening dimensions and access. Section 903.2.11.1.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.11.1.2 'Openings on one side only' to add new statement to read as follows:

[F] 903.2.11.1.2 Openings on one side only. Section 903.2.11.1.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.11.1.3 'Basements' to add new statement to read as follows:

[F] 903.2.11.1.3 Basements. Section 903.2.11.1.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.11.2 'Rubbish and linen chutes' to add new statement to read as follows:

[F] 903.2.11.2 Rubbish and linen chutes. Section 903.2.11.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.11.3 'Buildings 55 feet or more in height' to add new statement to read as follows:

[F] 903.2.11.3 Buildings 55 feet or more in height. Section 903.2.11.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.11.4 'Ducts conveying hazardous exhausts' to add new statement to read as follows:

[F] 903.2.11.4 Ducts conveying hazardous exhausts. Section 903.2.11.4 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.11.5 'Commercial cooking operations' to add new statement to read as follows:

[F] 903.2.11.5 Commercial cooking operations. Section 903.2.11.5 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.11.6 'Other required fire protection systems' to add new statement to read as follows:

[F] 903.2.11.6 Other required fire protection systems. Section 903.2.11.6 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.2.12 'During construction' to add new statement to read as follows:

[F] 903.2.12 During construction. Section 903.2.12 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3 'Installation requirements' to add new statement to read as follows:

[F] 903.3

Installation requirements.

Section 903.3 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.3.1 'Standards' to add new statement to read as follows:

[F] 903.3.1

Standards.

Section 903.3.1 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.3.1.1 'NFPA 13 sprinkler systems' to add new statement to read as follows:

[F] 903.3.1.1

NFPA 13 sprinkler systems.

Section 903.3.1.1 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.3.1.1.1 'Exempt locations' to add new statement to read as follows:

[F] 903.3.1.1.1 Exempt locations. Section 903.3.1.1.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.1.1.2 'Bathrooms' to add new statement to read as follows:

[F] 903.3.1.1.2 Bathrooms. Section 903.3.1.1.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.1.1.3 'Lithium-ion or lithium metal batteries' to add new statement to read as follows:

[F] 903.3.1.1.3 Lithium-ion or lithium metal batteries. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.1.2 'NFPA 13R sprinkler systems' to add new statement to read as follows:

[F] 903.3.1.2

NFPA 13R sprinkler systems.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.3.1.2.1 'Balconies and decks' to add new statement to read as follows:

[F] 903.3.1.2.1 Balconies and decks. Section 903.3.1.2.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.1.2.2 'Corridors and balconies in the means of egress' to add new statement to read as follows:

[F] 903.3.1.2.2 Corridors and balconies in the means of egress. Section 903.3.1.2.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.1.2.3 'Attics' to add new statement to read as follows:

[F] 903.3.1.2.3 Attics. Section 903.3.1.2.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.1.3 'NFPA 13D sprinkler systems' to read as follows:

[F] 903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two-family dwellings ; and townhouses separated by 2-hour firewalls shall be permitted to be installed throughout in accordance with NFPA 13D. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.2 'Quick-response and residential sprinklers' to add new statement to read as follows:

[F] 903.3.2 Quick-response and residential sprinklers. Section 903.3.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.3 'Obstructed locations' to add new statement to read as follows:

[F] 903.3.3 Obstructed locations. Section 903.3.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.4 'Actuation' to add new statement to read as follows:

[F] 903.3.4 Actuation. Section 903.3.4 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.5 'Water supplies' to add new statement to read as follows:

[F] 903.3.5

Water supplies.

Section 903.3.5 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.3.5.1 'Domestic services' to add new statement to read as follows:

[F] 903.3.5.1 Domestic services. Section 903.3.5.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.5.2 'Residential combination services' to add new statement to read as follows:

[F] 903.3.5.2 Residential combination services. Section 903.3.5.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.6 'Hose threads' to add new statement to read as follows:

[F] 903.3.6 Hose threads. Section 903.3.6 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.7 'Fire department connections' to add new statement to read as follows:

[F] 903.3.7 Fire department connections. Section 903.3.7 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.8 'Limited area sprinkler systems' to add new statement to read as follows:

[F] 903.3.8

Limited area sprinkler systems.

Section 903.3.8 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.3.8.1 'Number of sprinklers' to add new statement to read as follows:

[F] 903.3.8.1 Number of sprinklers. Section 903.3.8.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.8.2 'Occupancy hazard classification' to add new statement to read as follows:

[F] 903.3.8.2 Occupancy hazard classification. Section 903.3.8.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.8.3 'Piping arrangement' to add new statement to read as follows:

[F] 903.3.8.3 Piping arrangement. Section 903.3.8.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.8.4 'Supervision' to add new statement to read as follows:

[F] 903.3.8.4 Supervision. Section 903.3.8.4 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.8.5 'Calculations' to add new statement to read as follows:

[F] 903.3.8.5 Calculations. Section 903.3.8.5 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.3.9 'High-rise building floor control valves' to add new statement to read as follows:

[F] 903.3.9 High-rise building floor control valves. Section 903.3.9 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.4 'Sprinkler system supervision and alarms' to add new statement to read as follows:

[A] 903.4

Sprinkler system supervision and alarms.

Section 903.4 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 903.4.1 'Electronic supervision' to add new statement to read as follows:

[F] 903.4.1 Electronic supervision. Section 903.4.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.4.2 'Monitoring' to add new statement to read as follows:

[F] 903.4.2 Monitoring. Section 903.4.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.4.3 'Alarms' to add new statement to read as follows:

[F] 903.4.3 Alarms. Section 903.4.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 903.5 'Inspection, testing and maintenance' to add new statement to read as follows:

[F] 903.5 Inspection, testing and maintenance. Section 903.5 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026)

SECTION 904

ALTERNATIVE AUTOMATIC FIRE-EXTIGUISHING SYSTEMS

*Revise Section [F] 904.1 'General' to add new statement to read as follows:

[F] 904.1 General. Section 904.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.2 'Where permitted' to add new statement to read as follows:

[F] 904.2

Where permitted.

Section 904.2 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.2.1 'Restriction on using automatic sprinkler system exceptions or reductions' to add new statement to read as follows:

[F] 904.2.1 Restriction on using automatic sprinkler system exceptions or reductions. Section 904.2.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.2.2 'Commercial hood and duct systems' to add new statement to read as follows:

[F] 904.2.2 Commercial hood and duct systems. Section 904.2.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.3 'Installation' to add new statement to read as follows:

[F] 904.3

Installation.

Section 904.3 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.3.1 'Electrical wiring' to add new statement to read as follows:

[F] 904.3.1 Electrical wiring. Section 904.3.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.3.2 'Actuation' to add new statement to read as follows:

[F] 904.3.2 Actuation. Section 904.3.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.3.3 'System interlocking' to add new statement to read as follows:

[F] 904.3.3 System interlocking. Section 904.3.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.3.4 'Alarms and warning signs' to add new statement to read as follows:

[F] 904.3.4 Alarms and warning signs. Section 904.3.4 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.3.5 'Monitoring' to add new statement to read as follows:

[F] 904.3.5 Monitoring. Section 904.3.5 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.4 'Inspection and testing' to add new statement to read as follows:

[F] 904.4

Inspection and testing.

Section 904.4 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.4.1 'Inspection' to add new statement to read as follows:

[F] 904.4.1 Inspection. Section 904.4.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.4.2 'Alarm testing' to add new statement to read as follows:

[F] 904.4.2

Alarm testing.

Section 904.4.2 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.4.2.1 'Audible and visible signals' to add new statement to read as follows:

[F] 904.4.2.1 Audible and visible signals. Section 904.4.2.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.4.3 'Monitor testing' to add new statement to read as follows:

[F] 904.4.3 Monitor testing. Section 904.4.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.5 'Wet-chemical systems' to add new statement to read as follows:

[F] 904.5 Wet-chemical systems. Section 904.5 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.6 'Dry-chemical systems' to add new statement to read as follows:

[F] 904.6 Dry-chemical systems. Section 904.6 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.7 'Foam systems' to add new statement to read as follows:

[F] 904.7 Foam systems. Section 904.7 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.8 'Carbon dioxide systems' to add new statement to read as follows:

[F] 904.8 Carbon dioxide systems. Section 904.8 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.9 'Halon systems' to add new statement to read as follows:

[F] 904.9 Halon systems. Section 904.9 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.10 'Clean-agent systems' to add new statement to read as follows:

[F] 904.10 Clean-agent systems. Section 904.10 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.11 'Automatic water mist systems' to add new statement to read as follows:

[F] 904.11

Automatic water mist systems.

Section 904.11 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.11.1 'Design and installation requirements' to add new statement to read as follows:

[F] 904.11.1

Design and installation requirements.

Section 904.11.1 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.11.1.1 'General' to add new statement to read as follows:

[F] 904.11.1.1 General. Section 904.11.1.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.11.1.2 'Actuation' to add new statement to read as follows:

[F] 904.11.1.2 Actuation. Section 904.11.1.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.11.1.3 'Water supply protection' to add new statement to read as follows:

[F] 904.11.1.3 Water supply protection. Section 904.11.1.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.11.1.4 'Secondary water supply' to add new statement to read as follows:

[F] 904.11.1.4 Secondary water supply. Section 904.11.1.4 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.11.2 'Water mist system supervision and alarms' to add new statement to read as follows:

[F] 904.11.2

Water mist system supervision and alarms.

Section 904.11.2 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.11.2.1 'Monitoring' to add new statement to read as follows:

[F] 904.11.2.1 Monitoring. Section 904.11.2.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.11.2.2 'Alarms' to add new statement to read as follows:

[F] 904.11.2.2 Alarms. Section 904.11.2.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.11.2.3 'Floor control valves' to add new statement to read as follows:

[F] 904.11.2.3 Floor control valves. Section 904.11.2.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.11.3 'Testing and maintenance' to add new statement to read as follows:

[F] 904.11.3 Testing and maintenance. Section 904.11.3 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.12 'Hybrid fire extinguishing systems' to add new statement to read as follows:

[F] 904.12 Hybrid fire extinguishing systems. Section 904.12 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.13 'Aerosol fire-extinguishing systems' to add new statement to read as follows:

[F] 904.13 Aerosol fire-extinguishing systems. Section 904.13 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.14 'Commercial cooking systems' to add new statement to read as follows:

[F] 904.14

Commercial cooking systems.

Section 904.14 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.14.1 'Manual system operation' to add new statement to read as follows:

[F] 904.14.1 Manual system operation. Section 904.14.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.14.2 'System interconnection' to add new statement to read as follows

[F] 904.14.2 System interconnection. Section 904.14.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.14.3 'Carbon dioxide systems' to add new statement to read as follows:

[F] 904.14.3

Carbon dioxide systems.

Section 904.14.3 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.14.3.1 'Ventilation systems' to add new statement to read as follows:

[F] 904.14.3.1 Ventilation system. Section 904.14.3.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.14.4 'Special provisions for automatic sprinkler systems' to add new statement to read as follows:

[F] 904.14.4

Special provisions for automatic sprinkler systems.

Section 904.14.4 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.14.4.1 'Listed sprinklers' to add new statement to read as follows:

[F] 904.14.4.1 Listed sprinklers. Section 904.14.4.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.15 'Domestic cooking facilities' to add new statement to read as follows:

[F] 904.15

Domestic cooking facilities.

Section 904.15 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.15.1 'Protection from fire' to add new statement to read as follows:

[F] 904.15.1

Protection from fire.

Section 904.15.1 shall apply only as referenced by the NFPA standards.

Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner.

(Effective January 1, 2026)

*Revise Section [F] 904.15.1.1 'Automatic fire-extinguishing systems' to add new statement to read as follows:

[F] 904.15.1.1 Automatic fire-extinguishing system. Section 904.15.1.1 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026) *Revise Section [F] 904.15.1.2 'Ignition prevention' to add new statement to read as follows:

[F] 904.15.1.2 Ignition prevention. Section 904.15.1.2 shall apply only as referenced by the NFPA standards. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026)

SECTION 909

SMOKE CONTROL SYSTEMS

*Delete Section 909.21.1 'Pressurization requirements' entirely and substitute to read as follows:

909.21.1 Pressurization requirements. The system shall be designed such that the maximum pressure differential shall not restrict or prohibit the free operation of the elevated cab and all hoistway doors serving all levels of the building. The air shall not be introduced into the hoistway in such a manner as to cause erratic operation by impingement of traveling cables, selector tapes, governor ropes, compensating ropes and other components sensitive to excessive movement or deflection. Exception: In existing buildings, when testing existing elevator pressurization systems, they shall be certified to ensure a minimum positive pressure, subject to the approval of the authority having jurisdiction. This pressure shall be measured at the midpoint of each hoistway door, with all elevator cars at the floor of recall and all hoistway doors on the floor of recall open and all other hoistway doors closed. The opening and closing of hoistway doors at each level must be demonstrated during this test. The supply air intake shall be from an outside, uncontaminated source. Refer to the applicable codes and standards adopted by the Georgia Safety Fire Commissioner. (Effective January 1, 2026)

CHAPTER 11

ACCESSIBILITY

*Delete Chapter 11 'Accessibility' entirely without substitution.

{Cross-reference in State law: Title 30, Chapter 3 of the Official Code of Georgia Annotated (O.C.G.A) and the Rules and Regulations of the Georgia Safety Fire Commissioner.}

(Effective January 1, 2026)

CHAPTER 14

EXTERIOR WALLS

SECTION 1404

INSTALLATION OF WALL COVERINGS

*Add new Section [BS] 1404.20 'Installation of wall coverings' as follows:

[BS] 1404.20 Installation of wall coverings . Except masonry veneer, wall cladding shall be installed a minimum of 6 inches above the finished earth grade, or a minimum of 2 inches above paved areas to provide a clear, visible inspection gap. (Effective January 1, 2026)

CHAPTER 16

STRUCTURAL DESIGN

SECTION 1609

WIND LOADS

*Revise Section 1609.1.1 'Determination of wind loads' to read as follows:

1609.1.1 Determination of wind loads. Wind loads on every building or structure shall be determined in accordance with Chapters 26 to 30 of ASCE 7. Figure 1609.1 shall be used in lieu of ASCE 7 Figure 30.3-3. The type of opening protection required, the basic wind speed, V and the exposure category for a site is permitted to be determined in accordance with Section 1609 or ASCE 7. Wind shall be assumed to come from any horizontal direction and wind pressures shall be assumed to act normal to the surface considered. Figure 1609.1 Components and cladding [h<= 60 ft (h<= 18.3 m)]: external pressure coefficients, (GCp), for enclosed, partially enclosed, and partially open buildings, [THETA] <= 7°-stepped roofs. (Effective January 1, 2026) SECTION 1612 FLOOD LOADS *Revise Section 1612.2 'Design and construction' to read as follows:

1612.2 Design and construction. The design and construction of buildings and structures located in flood hazard areas, including coastal high hazard areas and coastal A zones, shall be in accordance with Chapter 5 of ASCE 7 including Supplement 2, and ASCE 24. Elevators, escalators, conveying systems and their components shall conform to ASCE 24 and ASME A17.1/CSA B44 as applicable. Exception: Temporary structures complying with Section 3103.6.1.3. (Effective January 1, 2026)

SECTION 1613

EARTHQUAKE LOADS

*Add new Section 1613.7 'Site-specific ground motion procedures' to read as follows:

1613.7 Site-specific ground motion procedures. A site response analysis in accordance with ASCE 7 Section 21.1 and a ground motion hazard analysis in accordance with ASCE 7 Section 21.2 shall be performed for structures on site class DE or E sites. The design response spectrum shall be determined in accordance with ASCE 7 Section 21.3, the design acceleration parameters shall be determined in accordance with ASCE 7 Section 21.4, and, if required, the MCEG peak ground acceleration parameter PGAM shall be determined in accordance with ASCE 7 Section 21.5. (Effective January 1, 2026)

CHAPTER 17

SPECIAL INSPECTIONS AND TESTS

SECTION 1701

GENERAL

*Add new Section 1701.2 'Construction documents' to read as follows:

1701.2

Construction documents.

The

construction documents

for special inspections shall include:

1. The statement of special inspections in accordance with 1704.3.

2. The following statement: "Special inspection reports and a final report in accordance with Section 1704.2.4 shall be submitted to the building official prior to the time that phase of the work is approved for occupancy." (Effective January 1, 2026)

*Add new Section 1701.3 'Guidelines' to read as follows:

1701.3

Guidelines.

The local building official or authority having jurisdiction shall be authorized to use ACEC/SEAOG SI GL 01, Georgia Special Inspections Guidelines, in part or in whole for the purposes of implementing and enforcing the provisions of Chapter 17, 'Special Inspections and Tests', and/or establishing a Special Inspections program for their jurisdiction.

(Effective January 1, 2026)

SECTION 1704

SPECIAL INSPECTIONS AND TESTS, CONTRACTOR RESPONSIBILITY AND STRUCTURAL OBSERVATION

*Add new Table 1704.2 "Minimum Special Inspector Qualifications" to read as follows:

TABLE 1704.2 MINIMUM SPECIAL INSPECTOR QUALIFICATIONS

Category of Testing and Inspection Minimum Qualifications (refer to key at end of Table)

Shop Testing or Inspection

Field Testing or Inspection

Review Testing, Certification & Lab Reports

1705.1 Special Cases

Work of unusual or special nature

A, B, O

1705.2, 1705.11, 1705.13 & 1705.14 Steel Construction

Verification of welding consumables, filler metals, procedure specifications, procedure qualification records and personnel performance qualification records

C, F

Nondestructive testing of welding

G

G

Inspection of welding

C, F

C, F

Verification of fabricator and erector documents as listed in AISC 360, chapter N, paragraph 3.2

A, C

Material verification of weld filler materials

C, F

Inspection of high strength bolting, steel frame joint details, and metal building systems

A, C

Inspection of embedments

A, C, F

Inspection of steel elements of composite construction

A, C, F

Verification of reinforcing steel, cold formed steel deck and truss materials

A, C, F

Inspection of reinforcing steel, cold formed steel deck and trusses

A, C

1705.3 Concrete Construction

Reinforcing placement, cast-in-place bolts, post installed anchors concrete and shotcrete placement and curing operations. Inspection of formwork for shape, location and dimensions

A, C, H

Pre-stressing steel installation

A, C, D, E

TABLE 1704.2 MINIMUM SPECIAL INSPECTOR QUALIFICATIONS

Category of Testing and Inspection Minimum Qualifications (refer to key at end of Table)

Shop Testing or Inspection

Field Testing or Inspection

Review Testing, Certification & Lab Reports

Erection of pre-cast concrete members

A, C, H

Concrete field sampling and field testing

J

Concrete strength testing

P

Review certified mill reports

A, C

Verify use of required design mix

A, I, J, H, C

Pre-stressed (pre-tensioned) concrete force application

A, C, E

Post-tensioned concrete force application

A, C, D

Review of in-situ concrete strength, prior to stressing of tendons in post-tensioned concrete and prior to removal of shores and forms from beams and structural slabs

A, C, D, H

Reinforcing steel weldability, reinforcing welding, weld filler material

C, F

Testing of welding of reinforcing steel

G

1705.4 Masonry

Verification of f'm and f'AAC

A, C, L, M

Mortar joint construction, grout protection and placement, materials proportion, type/size/location of reinforcement, structural elements, anchorage, and connectors

A, C, K

Sampling/testing of grout/mortar specimens

A, C, L, M

Observe preparation of masonry prisms for testing of compressive strength of masonry, f'm and f'AAC

A, C, K, L, M

Inspection of welding of reinforcing steel

C, F

Testing of welding of reinforcing steel

G

1705.6 & 1804 Soils

Observe site preparation, fill placement testing of compaction for compliance with the construction documents for the project

A, C, I, N

Observe test bearing materials below shallow foundations for ability to achieve design bearing capacity

A, C, N, I (Level III)

Review compaction testing for compliance with the construction documents for the project

A

1705.5, 1705.11, 1705.12 & 1705.13 Wood Construction

Observe structural panel sheathing, size of framing members, nail or staple diameter and length, number of fastener lines, and spacing of fastener lines and fasteners for compliance with construction documents for the project

A

TABLE 1704.2 MINIMUM SPECIAL INSPECTOR QUALIFICATIONS

Category of Testing and Inspection Minimum Qualifications (refer to key at end of Table)

Shop Testing or Inspection

Field Testing or Inspection

Review Testing, Certification & Lab Reports

Observe temporary and permanent truss member restraint/bracing, field gluing of elements. Observe bolting, anchoring or other fastening of: shear walls, diaphragms, drag struts, braces and hold-downs.

A

1705.7, 1705.8, 1705.9 & 1810 Pile and Pier Foundations

Observe installation

A, N

Observe load tests

A

1705.11 Inspection of Fabricators

Pre-cast concrete

A, C, E

Structural steel construction

C, F, G

Wood construction

A

Cold-formed metal construction

A

1705.12, 1705.13, Seismic and Wind Resistance

Periodic inspection of fabrication, installation and/or anchorage of building systems and components

A

1705.15 Sprayed Fire-Resistive Materials

Observe surface conditions, application, average thickness and density of applied material, and cohesive/adhesive bond

A, C

1705.16 Intumescent fire-resistant coatings

Observe application compliance with AWCI 12-B

A, C

1705.17 Exterior Insulation and Finish Systems

Inspect EIFS systems

A, B, C, O

1705.18 Fire-Resistant Penetrations and Joints See Requirements of IBC Sections 1705.18.1 and 1705.18.2

1705.19 Smoke Control See Requirements of IBC Section 1705.19.2

1705.20 Sealing of Mass Concrete A, C

KEY: A. Georgia Professional Engineer (GA PE) competent in the specific task area or graduate of accredited engineering/engineering technology program under the direct supervision of a GA PE. B. Georgia Registered Architect (GA RA) or graduate of accredited architecture/architecture technology program under the direction of a GA RA. C. International Code Council (ICC) Special Inspector Certification specific to the particular material and testing methodology applicable to each Category of Testing and Inspection listed in the table. D. Post-tensioning Institute (PTI) Certification, Level 2, bonded or unbonded as applicable. E. Pre-stressed Concrete Institute (PCI) Certified Inspector. F. American Welding Society (AWS) Certified Welding Inspector (CWI) or AWS Certified Associate Welding Inspector working under the direct on-site supervision of a CWI. G. American Society for Nondestructive Testing (ASNT) Level II certification, or a Level III certification if previously certified as a Level II in the particular material and testing methodology applicable to each Category of Testing and Inspection listed in the table. H. American Concrete Institute (ACI) Concrete Construction Special Inspector. I. National Institute for Certification in Engineering Technologies (NICET) Level II or higher certification specific to the particular material and testing methodology applicable to each Category of Testing and Inspection listed in the table. J. ACI Concrete Field-Testing Technician with Grade 1 certification. K. Georgia Concrete and Products Association (GC&PA) - Masonry Association of Georgia (MAG) Masonry Construction Inspector Certification. L. American Concrete Institute (ACI) Masonry Field Testing Technician. M. GC&PA - MAG Masonry Testing Technician certification. N. NICET Certified Engineering Technologist (CT). O. Other Qualified Special Inspector as approved by the Building Official. P. American Concrete Institute (ACI) Strength Testing Technician Notes: 1. The Special Inspector shall meet one of the minimum qualifications listed for the applicable Category of Testing and Inspection. 2. Materials testing shall be done by an Approved Testing Agency meeting the requirements of IBC Section 1703 and ASTM E 329.

(Effective January 1, 2026)

*Revise Section 1704.2 'Special inspections and tests' to read as follows:

1704.2

Special inspections and tests.

Where application is made to the

building official

for construction, the

owner

or

owner's

authorized agent, other than the contractor, shall employ one or more

approved agencies

to provide

special inspections

and tests during construction on the types of work specified in Section 1705 and identify the

approved agencies

to the

building official

. There

special inspections

and tests are in addition to the inspections by the

building official

.

Exceptions:

1. Special inspections and tests are not required for construction of a minor nature that does not require the practice of professional engineering or architecture, as defined by Georgia statutes and regulations governing the professional registration and certification of engineers or architects or as warranted by conditions in the jurisdiction as approved by the building official .

2. Unless otherwise required by the building official , special inspections and tests are not required for Group U occupancies that are accessory to a residential occupancy including, but not limited to, those listed in Section 312.1.

3. Special inspections and tests are not required for portions of structures designed and constructed in accordance with the cold-formed steel light-frame construction provisions of Section 2206.1.2 or the conventional light-frame construction provisions of Section 2308.

4. The contractor is permitted to employ the approved agencies where the contractor is also the owner . (Effective January 1, 2026) *Revise Section 1704.2.1 'Special inspector qualifications' to read as follows:

1704.2.1 Special inspector qualifications. Prior to the start of the construction, the approved agencies shall provide written documentation to the building official demonstrating the competence and relevant experience or training of the special inspectors who will perform the special inspections and tests during construction. Experience or training shall be considered to be relevant where the documented experience or training is related in complexity to the same type of special inspection or testing activities for projects of similar complexity and material qualities. The special inspector shall be qualified in accordance with Table 1704.2. These qualifications are in addition to qualifications specified in other sections of this code. The registered design professional in responsible charge and engineers of record involved in the design of the project are permitted to act as an approved agency and their personnel are permitted to act as special inspectors for the work designed by them, provided they qualify as special inspectors. (Effective January 1, 2026) *Revise Section 1704.2.4 'Report requirement' to read as follows:

1704.2.4

Report requirement.

Approved agencies

shall keep records of

special inspections

and tests. The

approved agency

shall submit reports of

special inspections

and tests to the

building official

and to the

registered design professional in responsible charge

at frequencies required by the approved

construction documents

or the

building official.

All reports shall describe the nature and extent of inspections and tests, the location where the inspections and tests were performed, and indicate that work inspected or tested was or was not completed in conformance to

approved construction documents

. Discrepancies shall be brought to the immediate attention of the contractor for correction. If they are not corrected, the discrepancies shall be brought to the attention of the

building official

and to the

registered design professional in responsible charge

prior to the completion of that phase of the work. A final report documenting required

special inspections

and tests, and correction of any discrepancies noted in the inspections or tests, shall be submitted to the

building official

prior to the time that phase of the work is approved for occupancy.

(Effective January 1, 2026)

SECTION 1705

REQUIRED SPECIAL INSPECTIONS AND TESTS

*Revise Table 1705.3 'Required Special Inspections and Tests of Concrete Construction' to read as follows:

TABLE 1705.3

REQUIRED SPECIAL INSPECTIONS AND TESTS OF CONCRETE CONSTRUCTION

TYPE

CONTINUOUS SPECIAL INSPECTION

PERIODIC SPECIAL INSPECTION

REFERENCED STANDARDa

IBC REFERENCE

Inspect reinforcement, including prestressing tendons, and verify placement.

X

ACI 318: Ch. 20, 25.2, 25.3, 26.6.1-26.6.3

Reinforcing bar welding:

a. Verify weldability of reinforcing bars other than ASTM A706.

X

AWS D1.4

ACI

318: 26.13.1.4

b. Inspect welding of reinforcement for special moment frames, boundary elements of special structural walls and coupling beams.

X

AWS D1.4

ACI 318: 26.13.3

c. Inspect welded reinforcement splices.

X

d. Inspect welding of primary tension reinforcement in corbels.

X

e. Inspect single pass fillet welds, maximum 5/16³.

X

AWS D1.4

ACI 318: 26.13.3

f. Inspect all other welds.

X

AWS D1.4

ACI 318: 26.13.3

Inspect anchors cast in concrete.

X

ACI

318: 26.13.3.3

Inspect anchors post-installed in hardened concrete members.b

a. Adhesive anchors installed in horizontally or upwardly inclined orientations to resist sustained tension loads.

X

ACI 318:

26.13.3.2

b. Mechanical anchors and adhesive anchors not defined in 4.a.

X

ACI 318: 26.13.3

Verify use of required design mix.

X

ACI 318: Ch. 19, 26.4.3, 26.4.4

1904.1, 1904.2

6a.

Prior to concrete placement, fabricate specimens for strength tests, perform slump or slump flow, air content tests, density and determine the temperature of the concrete with all results included in the test reports.

X

ASTM C31

ASTM C172

ACI 318: 26.5, 26.12

6b.

Verify that concrete specimens for strength tests are maintained in the required initial curing and laboratory curing environment and that the maximum and minimum temperatures during the initial curing period are reported.

X

ACI 318 26.12

ASTM C31

Inspect concrete and shotcrete placement for proper application techniques.

X

ACI 318: 26.5

Verify maintenance of specified curing temperature and

X

ACI 318: 26.5.3

26.5.5

Inspect prestressed

a. Application of prestressing

X

b. Grouting of bonded prestressing

X

ACI 318: 26.10

Inspect erection of precast concrete members.

X

ACI 318: 26.9

For precast concrete diaphragm connections or reinforcement at joints classified as moderate or high deformability elements (MDE or HDE) in structures assigned to Seismic Design Category C, D, E or F, inspect such connections and reinforcement in the field for:

ACI 318:

26.13.1.3

a. Installation of the embedded parts.

X

ACI 550.5

b. Completion of the continuity of reinforcement across joints.

X

c. Completion of connections in the field.

X

Inspect installation tolerances of precast concrete diaphragm connections for compliance with ACI 550.5.

X

ACI 318:

26.13.1.3

Verify in-situ concrete strength, prior to stressing of tendons in post-tensioned concrete and prior to removal of shores and forms from beams and structural slabs.

X

ACI 318: 26.11.2

Inspect formwork for shape, location and dimensions of the concrete member being formed.

X

ACI 318:

26.11.1.2(b)

For SI: 1 inch = 25.4 mm.

a. Where applicable, see Section 1705.13.

b. Specific requirements for special inspection shall be included in the research report for the anchor issued by an approved source in accordance with 26.13 in ACI 318, or other qualification procedures. Where specific requirements are not provided, special inspection requirements shall be specified by the registered design professional and shall be approved by the building official prior to the commencement of the work. (Effective January 1, 2026) *Add new Section 1705.3.3 'Testing agency' to read as follows:

1705.3.3 Testing agency. The testing agency performing acceptance testing shall comply with ASTM C1077. (Effective January 1, 2026) *Delete Section 1705.10 'Structural integrity of deep foundation elements' without substitution. (Effective January 1, 2026) SECTION 1708 IN-SITU LOAD TESTS *Revise Section 1708 "In-situ load tests" to title change and read as follows: SECTION 1708 IN-SITU LOAD TESTS, STRUCTURAL ANALYSIS OF AS-BUILT CONDITIONS, AND DEEP FOUNDATION STRUCTURAL INTEGRITY TESTS.

1708.1 General. Whenever there is a reasonable doubt as to the stability or load-bearing capacity of a completed building , structure or portion thereof for the expected loads , an engineering assessment shall be required. The engineering assessment shall involve either a structural analysis or an in-situ load test, or both. Whenever there is a reasonable doubt as to the structural integrity of a deep foundation element, the engineering assessment shall include structural integrity tests for structural defects conducted in accordance with Section 1708.3. The structural analysis shall be based on actual material properties and other as-built conditions that affect stability or load-bearing capacity, and shall be conducted in accordance with the applicable design standard. The in-situ load tests shall be conducted in accordance with Section 1708.2. If the building , structure or portion thereof is found to have inadequate stability or load-bearing capacity for the expected loads , modifications to ensure structural adequacy or the removal of the inadequate construction shall be required. (Effective January 1, 2026) *Add new Section 1708.3 'Structural integrity of deep foundation elements' to read as follows:

1708.3 Structural integrity of deep foundation elements. Structural integrity tests of deep foundation elements shall be conducted in accordance with ASTM D4945, ASTM D5882, ASTM D6760, ASTM D7949, or other approved methods and shall be supervised by a registered design professional . (Effective January 1, 2026) CHAPTER 18 SOILS AND FOUNDATIONS SECTION 1810 DEEP FOUNDATIONS *Revise Section 1810.3.2.6 'Allowable stresses' title to read as follows:

1810.3.2.6

Allowable axial stresses.

The allowable stresses for materials used in

deep foundation

elements shall not exceed those specified in Table 1810.3.2.6.

(Effective January 1, 2026)

CHAPTER 29

PLUMBING SYSTEMS

SECTION 2902

MINIMUM PLUMBING FACILITIES

*Delete [P] 2902.1.1 'Fixture calculations' Exception 2 without substitution.

(Effective January 1, 2026)

*Delete [P] 2902.2 'Separate facilities' Exception 6 without substitution.

(Effective January 1, 2026)

CHAPTER 30

ELEVATORS AND CONVEYING SYSTEMS

SECTION 3001

GENERAL

*Revise Table 3001.3 'Elevators and Conveying Systems and Components' under STANDARDS for Elevators, escalators, dumbwaiters, moving walks, and material lifts to add the following standards to read as follows:

TABLE 3001.3 ELEVATORS AND CONVEYING SYSTEMS AND COMPONENTS

TYPE STANDARDS

Elevators, escalators, dumbwaiters, moving walks, material lifts ANSI/ASSE A10.4, ANSI/ASSE A10.5

(Effective January 1, 2026)

SECTION 3002

HOISTWAY ENCLOSURES

*Revise Section 3002.4 'Elevator car to accommodate ambulance stretcher' to add a new Exception at the end of the section to read as follows:

3002.4 Elevator car to accommodate ambulance stretcher. Exception: Elevators with 50 feet or less of travel serving only one residence of a one-or two-family dwelling or townhouse shall be in compliance with ASME A17.1 as currently adopted and amended by the Georgia Office of Safety Fire Commissioner. (Effective January 1, 2026) SECTION 3005 MACHINE ROOMS *Delete Section 3005.4 'Machine rooms, control rooms, machinery spaces and control spaces' and substitute to read:

3005.4 Machine rooms, control rooms, machinery spaces and control spaces . Elevator machine rooms and machinery spaces shall be enclosed with fire barriers constructed in accordance with Section 707 or horizontal assemblies constructed in accordance with Section 711, or both. The fire- resistance rating shall be not less than two hours. Openings in the fire barriers shall be protected with assemblies having a fire protection rating not less than that required for the hoistway enclosure doors. Exception: Where machine rooms and machinery spaces do not meet the required fire resistance rating, they shall require sprinklers and shunt trip breaker in accordance with NFPA 72. (Effective January 1, 2026) *Revise Section 3005.5 'Shunt trip' to read as follows:

3005.5 Shunt trip. Where elevator hoistways, elevator machine rooms, control rooms and control spaces containing elevator control equipment are protected with automatic sprinklers, a means installed in accordance with Section 21.4 of NFPA 72 shall be provided to automatically disconnect the main line power supply to the affected elevator prior to the application of water. If the means is located in the affected elevator machine room, it shall be in a water-resistant enclosure. This means shall not be self-resetting. The activation of automatic sprinklers outside the hoistway, machine room, machinery space, control room or control space shall not disconnect the main line power supply. Machine rooms having a two- hour fire separation from the building and provided with smoke detection interconnected to the building fire alarm system are not required to be sprinklered. (Effective January 1, 2026) CHAPTER 34 RESERVED *Revise Title of Chapter 34 'Reserved' to 'Existing Buildings': (Effective January 1, 2026) CHAPTER 34 EXISTING BUILDINGS *Add new Section 3401 'General': (Effective January 1, 2026) SECTION 3401 GENERAL *Add new Section 3401.1 'Scope' to read as follows:

3401.1 Scope. The provisions of this chapter shall control the repair, alteration, change of occupancy, addition and relocation of existing buildings and structures. Exception: Detached one and two-family dwellings and townhouses not more than three stories above grade plane in height, shall comply with this chapter or the International Residential Code. (Effective January 1, 2026) *Add new Section 3401.2 'Alternative compliance' to read as follows:

3401.2 Alternative compliance. When approved by the building official, work performed in accordance with the International Existing Building Code shall be deemed to comply with the provisions of this chapter. (Effective January 1, 2026) *Add new Section 3401.3 'Existing systems conformance' to read as follows:

3401.3

Existing systems conformance.

The extent to which the existing mechanical, electrical, plumbing and life safety systems shall be made to conform to the requirements of the State Minimum Standard Codes for new construction shall be as follows unless otherwise required by this section:

1. When the estimated cost of the new work is less than fifty percent (50%) of the replacement cost of the existing system, the new work shall be brought into conformance with the requirements of the State Minimum Standard Codes for new construction.

2. When the estimated cost of the new work is equal to or greater than fifty percent (50%) of the replacement cost of the existing system, the entire system shall be made to conform to the requirements of the State Minimum Standard Codes for new construction.

3. For essential service facilities Occupancy Category IV type buildings as defined by Table 1604.5, when the estimated cost of the new work is equal to or greater than thirty percent (30%) of the replacement cost of the existing system, the entire system shall be made to conform to the requirements of the State Minimum Standard Codes for new construction. (Effective January 1, 2026) SECTION 3402 DEFINITIONS *Add new Section 3402.1 'Definitions' to read as follows:

3402.1 Definitions. Unless otherwise expressly stated, words and terms shall, for the purpose of this chapter, have the meanings shown in Chapter 2 of the International Existing Building Code . (Effective January 1, 2026) SECTION 3403 PROVISIONS *Add new Section 3403.1 'Applicability' to read as follows:

3403.1

Applicability.

The

repair, alteration, change of occupancy, addition

and relocation of existing buildings and structures shall comply with Chapters 3, 4, 5, 13, 14 and 16 of the

International Existing Building Code

. Provisions in Appendices A through E shall not apply unless specifically adopted or referenced.

Exception: Section 301.3.2 shall not apply unless specifically adopted or approved.

(Effective January 1, 2026)

*Add new Section 3403.1.1 'Assisted living communities' to read as follows:

3403.1.1 Assisted living communities. Existing buildings or portions of buildings proposed as a change of occupancy to Assisted Living Communities, licensed by the State, housing twenty-five or more persons, shall be allowed to meet the Georgia State Fire Marshal's Office Life Safety Code requirements for primary equivalent compliance to the International Building Code Chapters 3, 4, 8, 9, and 10. (Effective January 1, 2026) *Add new Section 3403.2 'Construction safeguards' to read as follows:

3403.2

Construction safeguards.

Safety during construction and protection of adjacent public and private properties shall comply with Chapter 33 of this code.

(Effective January 1, 2026)

CHAPTER 35

REFERENCED STANDARDS

*Revise Chapter 35 'Referenced standards' to add the following:

ACEC/GA

ACEG/SEAOG- SI GL 01-24

Georgia Special Inspections Guidelines http://seaog.org/Special_Inspection_Documents

1704.2.1, GA Amendments

ACI

318-25

Building Code Requirements for Structural Concrete

ASCE/SEI

7-22

Minimum Design Loads and Associated Criteria for Buildings and Other Structures with Supplements 1 and 2

ASTM

C1077-17

Standard Practice for Agencies Testing

Concrete and Concrete Aggregates for Use in Construction and Criteria for Testing Agency Evaluation.

1705.3.3, GA Amendments

E329-17

Standard Specification for Agencies Engaged in Construction Inspection, Testing or Special Inspection

1704.2.1, GA Amendments

ANSI/ASSE

A10.4-2016

Safety Requirements for Personnel Hoist and Employee Elevators on Construction and Demolition Sites

Table 3001.3, GA Amendments

A10.5-2020

Safety Requirements for Material Hoists

Table 3001.3, GA Amendments

(Effective January 1, 2026)

APPENDIX Q

*The Department of Community Affairs hereby adopts Appendix Q 'Disaster Resilient Construction' as optional. This document can be downloaded at https://dca.georgia.gov/community-assistance/construction-codes.

(Effective January 1, 2026)

GEORGIA STATE INTERNATIONAL BUILDING CODE APPENDIX Q DISASTER RESILIENT CONSTRUCTION

The INTERNATIONAL BUILDING CODE, 2024 Edition, published by the International Code Council, when used in conjunction with the Georgia State Amendments to the INTERNATIONAL BUILDING CODE, 2024 Edition and Appendix Q Disaster Resilient Construction, shall constitute the officialGeorgia State Minimum Standard Building Code.

FORWARD

Introduction

The Department of Community Affairs (DCA) was awarded a grant through the U.S. Department of Housing and Urban Development (HUD) to develop Disaster Resilient Building Code (DRBC) Appendices for the International Building Code (IBC) and the International Residential Code (IRC). The DRBC Appendices are optional regulations that local jurisdictions may adopt, in whole or in part, through local ordinance. A task force of stakeholders was appointed to look for opportunities to improve any code provisions relating to damage from hurricane, flood, and tornado disasters. In addition to the approved recommendations from the task force, the state has developed and will conduct a comprehensive training program for code enforcement officials on the importance, implementation and enforcement of the Disaster Resilient Construction Appendices.

The meetings for the Disaster Resilient Building Code Appendices Task Force were open to the public, interested individuals and organizations that desired participation. The technical content of currently published documents on flooding, high-wind construction, and storm shelters, were used and referenced. Those publications included documents of the International Code Council (ICC), American Society of Civil Engineers (ASCE), the Federal Emergency Management Agency (FEMA), Mitigation Assessment Team (MAT) Program, Georgia Emergency Management Agency/Homeland Security (GEMA), APA - The Engineered Wood Association, National Institute of Standards and Technology (NIST), National Oceanic and Atmospheric Administration (NOAA), National Science Foundation (NSF), The State of Florida, American Forest & Paper Association's American Wood Council, Southern Forest Products Association, NAHB Research Center, Insurance Institute for Business & Home Safety, and the Federal Alliance for Safe Homes.

Adoption

Local jurisdictions may adopt this entire appendix with chosen options or specific sections that apply to their communities through a local ordinance. The adopting ordinance must also be filed on record with DCA. A sample ordinance has been included in this document to assist the local jurisdictions with the adoption process. Recommended training is being offered to assist code enforcement officials in the implementation and enforcement of the appendices documents.

Contact DCA at (404) 679-3118 or dca.georgia.gov for more information.

Neither The Disaster Resilient Building Code Appendices Task Force, its members nor those participating in the development of Appendix Q Disaster Resilient Construction accept any liability resulting from compliance or noncompliance with the provisions of Appendix Q Disaster Resilient Construction.

The 2012 Disaster Resilient Building Code (DRBC) Appendices Task Force was charged with the development of two appendices. One appendix is for the International Residential Code and the other appendix is for the International Building Code. These two appendices look for opportunities to improve any provisions relating to hurricane, flood, and tornado disasters. In addition to improving existing provisions in the codes, the task force also developed new provisions to be included in the appendices that address these issues. These appendices contain increased construction requirements for disaster resilience and are intended to be made available for adoption by local jurisdictions in the State of Georgia.

These appendices have reasonable and substantial connection with the public health, safety, and general welfare. In addition, the financial impact and costs associated with these appendices have been taken into consideration.

Members:

Mr. Gregori Anderson, Chairman, States Codes Advisory Committee

(SCAC) Mr. David L. Adams, Vice Chairman, States Codes Advisory

Committee (SCAC) Mr. Bill Abballe, AIA, American Institute of

Architects (AIA) - Georgia Chapter

Mr. John Hutton, P.E., S.E., American Council of Engineering Companies of Georgia (ACEC/G)

Mr. Ron Anderson, Code Consultant

Mr. Lamar Smith, Home Builders Association of Georgia

(HBAG) Mr. Thomas Harper, Georgia State Inspectors

Association (GSIA) Mr. Tom Buttram, Building Officials

Association of Georgia (BOAG)

Capt. Zane Newman, Georgia State Fire Marshal's Office (Local Fire Official)

Mr. Terry Lunn, Georgia Emergency Management Agency (GEMA)

Mr. Alan Giles, CFM, Georgia Department of Natural Resources (EPD / Floodplain Management Unit)

Mr. Tony Hebert, HUD Georgia State Representative (Region IV Office)

Mr. Jim C. Beck, Sr., Georgia Underwriting Association

Mr. Tim Thornton, Georgia Association of Realtors (GAR)

Mr. Steve Harrison, Building Owners and Managers Association - Georgia (BOMA)

Mr. Tom Aderhold, Georgia Apartment Association (GAA)

Mr. Tim Bromley, Accessibility Consultant - Georgia State ADA Coordinator's Office

Mayor Mark Mathews, Georgia Municipal Association (GMA)

Commissioner Jeff Long, Association of County Commissioners of Georgia (ACCG)

Ad Hoc Subcommittee:

Mr. Tom Buttram, Chairman, DRBC Task Force Liaison (BOAG)

Mr. Ron Anderson, Vice Chairman, Code Consultant

Mr. Stephen V. Skalko, Concrete

Industry Mr. Jeffrey B. Stone, Wood

Industry (AWC) Mr. Robert Wills,

Steel Industry (AISC)

Mr. Tom Cunningham, PhD., Residential Building Design

Mr. Duncan J. Hastie, P.E., Disaster Mitigation

DCA Staff:

Mr. Ted Miltiades, Director of Construction Codes & Industrialized Buildings

Mrs. Deirdre "Dee" Leclair, DRBC Grant Project Manager

Mr. Max Rietschier, Lead Codes Consultant

Mr. Bill Towson, 2012 International Residential Code Task Force Liaison, Code Consultant

Mr. Calvin Jordan, 2012 International Building Code Task Force Liaison, Code Consultant

How to UseAppendix Q Disaster Resilient Construction

The appendix may be adopted in whole or in part by Local Jurisdictions to fit the needs of their community. The following sample ordinance has been provided to aid in the process of identifying Chapters and Sections of the appendix that may be adopted. The format easily allows for choosing to adopt, revise or delete individual Chapters and Sections. Download the MS Word (.doc) version from the DCA website to take advantage of the drop-down menu choices and edit ability features of the document. Note that in Chapter 3, choose one of three options for flood elevation. Only one option may be chosen and that option must be higher than what has been previously adopted and enforced by the jurisdiction. Also note that in Chapter 4, choose one of three options for increased wind load. Only one option may be chosen and that option must be higher than what has been previously adopted and enforced by the jurisdiction. The Sample Ordinance document takes into account the flood elevation option in Chapter 3 and the wind load option in Chapter 4 of this appendix.

SAMPLE ORDINANCE FOR ADOPTION OF

GEORGIA STATE INTERNATIONAL BUILDING CODE

APPENDIX Q

DISASTER RESILIENT CONSTRUCTION

ORDINANCE NO. _______________

An ordinance of the [JURISDICTION] adopting the latest edition as adopted and amended by the Georgia Department of Community Affairs of Appendix Q Disaster Resilient Construction regulating and governing the mitigation of hazard to life and property from natural weather related disasters, high-wind damages, flooding, and establishing construction standards for storm shelters in the [JURISDICTION]; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. of the [JURISDICTION] and all other ordinances or parts of the laws in conflict therewith.

The [GOVERNING BODY] of the [JURISDICTION] does ordain as follows:

Section 1. That a certain document, three (3) copies of which are on file in the office of the [TITLE OF JURISDICTION'S KEEPER OF RECORDS] of [NAME OF JURISDICTION] , being marked and designated as Appendix Q Disaster Resilient Construction to the International Building Code, the latest edition as adopted and amended by the Georgia Department of Community Affairs, be and is adopted as the Appendix Q Disaster Resilient Construction of the [JURISDICTION] , in the State of Georgia for regulating and governing the mitigation of hazard to life and property from natural weather related disasters, high-wind damages, flooding, and establishing construction standards for storm shelters; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Appendix Q Disaster Resilient Construction on file in the office of the [JURISDICTION] are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any prescribed in Section 2 of this ordinance.

Section 2. [NAME Of JURISDICTION] hereby: Choose an item. CHAPTER AQ1 SCOPE AND ADMINISTRATION Choose an item. Choose an item. SECTION AQ101 ADMINISTRATION Choose an item. Choose an item. AQ101.1 Purpose Choose an item. Choose an item. AQ101.2 Objectives Choose an item. Choose an item. AQ101.3 Scope Choose an item. AQ101.3.1 Insert [Name Of Jurisdiction] for [NAME OF JURISDICTION]. Choose an item. AQ101.4 Violations Choose an item. Insert [Name Of Jurisdiction] for [NAME OF JURISDICTION]. Choose an item. SECTION AQ102 APPLICABILITY Choose an item. Choose an item. AQ102.1 General Choose an item. Choose an item. AQ102.2 Other laws Choose an item. Choose an item. AQ102.3 Referenced codes and standards Choose an item. Choose an item. SECTION AQ103 POST DISASTER EVENT INSPECTIONS GUIDELINES Choose an item. Choose an item. AQ103.1 Inspections Choose an item. Choose an item. AQ103.1.1 Right of entry Choose an item. Choose an item. AQ103.2 Types of inspections Choose an item. Choose an item. AQ103.3 Post disaster building safety evaluation chart Choose an item. Choose an item. Figure AQ103.3 Post Disaster Building Safety Evaluation Chart Choose an item. Choose an item. AQ103.4 Evaluation Forms Choose an item. Insert [Name Of Jurisdiction] for [NAME OF JURISDICTION]. Choose an item. AQ103.5 Placement and remove of placards Choose an item. Choose an item. CHAPTER AQ2 DEFINITIONS Choose an item. Choose an item. SECTION AQ201 GENERAL Choose an item. Choose an item. AQ201.1 Scope Choose an item. Choose an item. AQ201.2 Terms defined in other codes Choose an item. Choose an item. AQ201.3 Terms not defined Choose an item. Choose an item. SECTION AQ202 DEFINITIONS Choose an item. Choose an item. CHAPTER AQ3 FLOOD-RESISTANT CONSTRUCTION Choose an item. Choose an item. SECTION AQ301 HAZARD IDENTIFICATION Choose an item. Choose an item. AQ301.1 Identification of flood hazard areas Choose an item. Insert [Name Of Jurisdiction] for [NAME OF JURISDICTION]. Insert [Date of Issuance] for [DATE OF ISSUANCE]. Choose an item. SECTION AQ302 SCOPE Choose an item. Choose an item. AQ301.1 Flood Loads Choose an item. Choose an item. FLOOD ELEVATION OPTION Choose an item. Choose an item. Choose an item. SECTION AQ303 FLOOD DAMAGE-RESISTANT MATERIALS Choose an item. Choose an item. AQ303.1 Flood damage-resistant materials Choose an item. Choose an item. AQ303.2 Location of flood damage-resistant materials Choose an item. Choose an item. AQ303.3 Fasteners and connectors used for flood-resistant materials Choose an item. Choose an item. CHAPTER AQ4 HIGH-WIND RESISTIVE CONSTRUCTION Choose an item. Choose an item. SECTION AQ401 GENERAL Choose an item. Choose an item. AQ401.1 Applications Choose an item. Choose an item. AQ401.2 Limitations Choose an item. Choose an item. AQ402 DEFINITIONS AND NOTATIONS Choose an item. Choose an item. AQ403 WIND LOADS Choose an item. Choose an item. AQ403.1 Wind Directionality Factor Choose an item. Choose an item. AQ403.2 Exposure Choose an item. Choose an item. AQ403.3 Enclosure classification Choose an item. Choose an item. AQ403.4 Continuous operation of Risk Category IV buildings Choose an item. Choose an item. SECTION Choose an item. Choose an item. Choose an item. CHAPTER AQ5 STORM SHELTERS, SAFE ROOMS AND BEST AVAILABLE REFUGE AREAS Choose an item. Choose an item. SECTION AQ501 GENERAL Choose an item. Choose an item. AQ501.1 General Choose an item. Choose an item. AQ501.2 Occupant load Choose an item. Choose an item. AQ501.3 Construction documents Choose an item. Choose an item. AQ501.4 Signage Choose an item. Choose an item. SECTION AQ502 DEFINITIONS AND NOTATIONS Choose an item. Choose an item. AQ502.1 Definitions Choose an item. Choose an item. AQ502.2 Additional definitions Choose an item. Choose an item. SECTION AQ503 BEST AVAILABLE REFUGE AREAS Choose an item. Choose an item. AQ503.1 General Choose an item. Choose an item. AQ503.2 Occupant Density Choose an item. Choose an item. AQ503.3 Identification of best available refuge areas Choose an item. Choose an item. SECTION AQ504 APPLICABILITY Choose an item. Choose an item. AQ504.1 Required storm shelters or safe rooms Choose an item.

Section 3. That Ordinance No. of [JURISDICTION] entitled [FILL IN HERE THE COMPLETE TITLE OF THE LEGISLATION OR LAWS IN EFFECT AT THE PRESENT TIME SO THAT THEY WILL BE REPEALED BY DEFINITE MENTION] and all other ordinances or parts of laws in conflict herewith are hereby repealed.

Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The [GOVERNING BODY] hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

Section 5. That nothing in this ordinance or in Appendix Q Disaster Resilient Construction hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

Section 6. That the [JURISDICTION'S KEEPER OF RECORDS] is hereby ordered and directed to cause this ordinance to be published. (An additional provision may be required to direct the number of times the ordinance is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.)

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect [TIME PERIOD] from and after the date of its final passage and adoption.

Section 8. Chapter AQ6 Resources, of this document is intended to be used by the building officials as a resource guide TABLE OF CONTENTS CHAPTER AQ1 Scope and Administration 8 Section AQ101 Administration............... 8 AQ102 Applicability 8 AQ103 Post Disaster Event Inspections Guidelines.......................................................... 9 CHAPTER AQ2 Definitions ......................... 11 Section AQ201 General ............................................... 11 AQ202 Definitions .......................................... 11 CHAPTER AQ3 Flood-resistant Construction......12 Section AQ301 Hazard Identification .......................... 12 AQ302 Scope .................................................. 12 AQ303 Flood damage-resistant materials ........12 CHAPTER AQ4 High-wind Resistive Construction...13 Section AQ401 General ...............................................13 AQ402 Definitions and Notations ............ 13 AQ403 Wind Loads ..........13 AQ404 Wind Load Option A .......................... 13 AQ405 Wind Load Option B ..........................14 AQ406 Wind Load Option C ..........................14 CHAPTER AQ5 Storm Shelters, Safe Rooms and Best Available Refuge Areas .......................... 15 Section AQ501 General ...... 15 AQ502 Definitions and Notations .................. 15 AQ503 Best Available Refuge Areas ............. 15 AQ504 Applicability .......................................15 CHAPTER AQ6 Resources 16 Section AQ601 Contacts ..............................................16 AQ602 Emergency Inspection Kit .................. 16 AQ603 Safety Tips .......................................... 17 AQ604 Major Disaster Process ....................... 17 AQ605 Sample Evaluation Forms and Placards17 CHAPTER AQ7 References ......................... 24 INDEX OF FIGURES................................... 24 APPENDIX Q DISASTER RESILIENT CONSTRUCTION CHAPTER AQ1 SCOPE AND ADMINISTRATION SECTION AQ101 ADMINISTRATION

AQ101.1 Purpose. The scope of this appendix is to promote enhanced public health, safety and general welfare and to reduce public and private property losses due to hazards and natural disasters associated with flooding, high-winds, and windborne debris above that which is provided in the general provisions of this appendix.

AQ101.2

Objectives.

The objectives of this appendix are to:

1. Protect human life, to minimize property loss and to minimize the expenditures of public money associated with natural weather related disasters, including flooding, tornadoes and other high-wind events.

2. Establish enhanced design and construction regulations consistent with nationally recognized good practices for the safeguarding of life and property.

AQ101.3

Scope.

AQ101.3.1 The provisions of this appendix are not mandatory unless specifically referenced in an adopting ordinance of [NAME OF JURISDICTION] . If adopted, the provisions shall apply to all new development and to substantial improvements to existing development.

AQ101.3.2 The provisions of this appendix supplement the jurisdiction's building and fire codes to provide for enhanced provisions to mitigate the hazard to life and property from natural weather related disasters, including flooding, tornadoes and other high- wind events.

AQ101.3.3 The provisions of this appendix establish design and construction standards for storm shelters.

AQ101.4 Violations. Any violation of a provision of this appendix or failure to comply with a permit of variance issued pursuant to this appendix or any requirement of this appendix shall be handled in accordance with the ordinances of [NAME OF JURISDICTION] . SECTION AQ102 APPLICABILITY

AQ102.1

General.

This appendix provides enhanced minimum requirements for development of new construction and substantial improvement of existing development above that contained in the

International Building Code (IBC)

.

AQ102.1.1 The provisions of this appendix shall apply to all new construction and additions, and shall apply to substantial alterations in flood hazard areas unless it is technically infeasible or otherwise exempted in Section 3403.2 of the International Building Code .

AQ102.1.2 Regardless of the category of work being performed, the work shall not cause the structure to become unsafe or adversely affect the performance of the building; shall not cause an existing mechanical or plumbing system to become unsafe, hazardous, insanitary or overloaded; and unless expressly permitted by these provisions, shall not make the building any less compliant with this appendix or to any previously approved alternative arrangements than it was before the work was undertaken.

AQ102.1.3 Where there is a conflict between a requirement of the International Building Code and a requirement of this appendix, the requirement of this appendix shall govern. Where there is a conflict between a general requirement of this appendix and a specific requirement of this appendix, the specific requirement shall govern. Where, in any specific case, different sections of this appendix specify different materials, methods of construction or other requirements, the most restrictive shall govern.

AQ102.2 Other laws . The provisions of this appendix shall not be deemed to nullify any provisions of local, state or federal law.

AQ102.3 Referenced codes and standards. The codes and standards referenced in this appendix shall be those that are listed in Chapter AQ7 and such codes and standards shall be considered as part of the requirements of this appendix to the prescribed extent of each such reference. Where differences occur between provisions this appendix and referenced codes and standards, the provisions of this appendix shall apply. SECTION AQ103 POST DISASTER EVENT INSPECTIONS GUIDELINES

AQ103.1

Inspections.

The building official or agents shall inspect buildings and structures to determine the habitability of each with the goal of getting the community back into their residences quickly and safely. Inspections shall always be performed by teams of at least two individuals, also known as disaster assessment teams.

AQ103.1.1 Right of entry. Unless permitted under the exigent circumstances provisions or from an order from State or Federal Authorities, disaster assessment teams shall confirm the right of Georgia International Building Code 2026 Amendments entry requirements with the incident commander. Upon approval, the assessment teams shall be authorized to enter the structure or premises at reasonable times to inspect or perform duties as provided by this code, provided that the structure or premises be occupied, that credentials are presented, that entry is requested, and that entry is granted by the owner or person having charge over the structure or premises.

AQ103.2

Types of inspections.

AQ103.2.1

Rapid evaluation.

Rapid evaluation is performed after a disaster event to determine if a building is apparently safe or obviously unsafe. The evaluation should last 10 to 30 minutes per building and shall be performed by the building official and/or their designated responders. Evaluation shall determine if a detailed evaluation is necessary. Placards are posted on buildings indicating status as one of the following:

1. INSPECTED

2. RESTRICTED USE

3. UNSAFE See Section AQ605 for Placards that may be reproduced for use in the field during evaluations. The jurisdiction shall alter placards to meet the jurisdiction and building department's requirements.

AQ103.2.2 Detailed evaluation. Detailed evaluation is a thorough visual examination of a damaged building performed by a team of two, including an inspector and a design professional. Evaluation should last 30 minutes to 4 hours per building. Evaluation shall determine necessary restrictions on a damaged building's use, the need for an engineering evaluation or to evaluate postings.

AQ103.2.3 Engineering evaluation . When indicated by the building official as necessary, engineering evaluations shall be completed by a registered design professional hired by the building owner.

AQ103.3 Post disaster building safety evaluation chart. See Figure AQ103.3 for Post Disaster Building Safety Evaluation Chart.

AQ103.4 Evaluation Forms. ATC-45 Rapid Evaluation Safety Assessment Form and ATC-45 Detailed Evaluation Safety Assessment Form shall be used by [Name of Jurisdiction]'s Building Official for post disaster inspections. See Section AQ605 for copies of the Safety Assessment Forms.

AQ103.5

Placement and removal of placards.

AQ103.5.1 Placement. Placards are to be posted in a clearly visible location near the main entrance and shall be visible from the public right-of-way. RESTRICTED USE or UNSAFE placards shall be placed at all entrances.

AQ103.5.2 Removal. Placards shall not be removed or replaced, except by the authorized representatives of the local jurisdiction. Figure AQ103.3 Post Disaster Building Safety Evaluation Chart a (a)When Disaster Strikes by the International Code Council, Inc., Seventh Printing: November 2011, copyright 2007 CHAPTER AQ2 DEFINITIONS SECTION AQ201 GENERAL

AQ201.1 Scope. Unless otherwise expressly stated the following words and terms shall, for the purposes of this appendix, have the meanings shown in this chapter.

AQ201.2 Terms defined in other codes. Where terms are not defined in this appendix and are defined in other International Codes, such terms shall have the meanings ascribed to them as in those codes.

AQ201.3

Terms not defined.

Where terms are not de- fined through the methods authorized by this section, such terms shall have their ordinarily accepted meanings such as the context implies.

SECTION AQ202

DEFINITIONS

500-YEAR FLOOD. Flood having a 0.2% annual probability of being equaled or exceeded.

ADVISORY BASE FLOOD ELEVATION (ABFE).

An advisory base flood elevation (BFE) issued by the Federal Emergency Management Agency (FEMA) that reflects post-storm conditions and vulnerability to damages from future flooding.

BASE FLOOD. Flood having a 1% chance of being equaled or exceeded in any given year, also referred to as the 100-year flood.

BASE FLOOD ELEVATION (BFE). The elevation of flooding, including wave height, having a 1% chance of being equaled or exceeded in any given year established relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).

BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of the International Building Code, or the building Georgia International Building Code 2026 Amendments official's duly authorized representative.

DESIGN FLOOD. The greater of the following two flood events:

(1) The base flood , affecting those areas identified as special flood hazard areas on the community's FIRM;

(2) The flood corresponding to the area designated as a flood hazard area on a community's flood hazard map or otherwise legally designated. DESIGN FLOOD ELEVATION (DFE). The elevation of the design flood, including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AQ, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. FLOOD [DAMAGE]-RESISTANT MATERIAL. Any building product [material, component or system] capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage. FLOOD HAZARD MAP. Map delineating flood hazard areas adopted by the authority having jurisdiction. FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FREEBOARD. A factor of safety expressed in feet above a flood level for purposes of floodplain management. FUTURE-CONDITIONS FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year based on future-conditioning hydrology. Also known as the 100-year future-conditions flood. FUTURE-CONDITIONS FLOOD ELEVATION. The flood standard equal to or higher than the Base Flood Elevation. The future conditions flood elevation is defined as the highest water surface anticipated at any given point during the future conditions flood. CHAPTER AQ3 FLOOD-RESISTANT CONSTRUCTION Forward: This appendix provides three different options for increased freeboard. The jurisdiction may pick only one option that is higher than previously adopted and enforced by the jurisdiction. The National Flood Insurance Program (NFIP) minimum standards reference Base Flood Elevation without any freeboard in high-risk flood hazard areas. Due to the flood damage prevention updates performed during the Map Modernization initiative that led to flood risks being digitally identified in all 159 Georgia counties, all Georgia NFIP participating communities have freeboard standards that meet or exceed the 1-foot standard used in the State model ordinances for areas where BFEs have been established. SECTION AQ301 HAZARD IDENTIFICATION

AQ301.1

Identification of flood hazard areas.

To establish flood hazard areas:

(a) flood hazard map adopted by jurisdiction based on areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study of [INSERT NAME OF JURISDICTION] ," dated [INSERT DATE ISSUANCE] and amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto.

(b) FIRM maps provided by the Federal Emergency Management Agency.

SECTION AQ302

SCOPE

AQ302.1

Flood loads.

Buildings designed and constructed in flood hazard areas defined in IBC Section 1612.3.1 shall comply with the following:

AQ302.1.1 Flood hazard areas without base flood elevations. In flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade to the building foundation.

OPTION A - FLOOD ELEVATION

AQ302.1.2

Increase to base flood elevation requirements.

Floors required by ASCE 24 to be built above base flood elevations as follows:

The higher of:

(a) Design flood elevation plus one (1) foot, or

(b) Base flood elevation plus one (1) foot, or

(c) Advisory base flood elevation, or

(d) Future-conditions plus one (1) foot, if known or

(e) 500-year flood, if known

OPTION B- FLOOD ELEVATION

AQ302.1.3

Increase to base flood elevation requirements.

Floors required by ASCE 24 to be built above base flood elevations as follows:

The higher of:

(a) Design flood elevation plus two (2) feet, or

(b) Base flood elevation plus two (2) feet, or

(c) Advisory base flood elevation, or

(d) Future-conditions plus one (1) foot, if known or

(e) 500-year flood, if known

OPTION C - FLOOD ELEVATION

AQ302.1.4

Increase to base flood elevation requirements.

Floors required by ASCE 24 to be built above base flood elevations as follows:

The higher of:

(a) Design flood elevation plus three (3) feet, or

(b) Base flood elevation plus three (3) feet, or

(c) Advisory base flood elevation, or

(d) Future-conditions plus one (1) foot, if known or (e) 500-year flood, if known

SECTION AQ303

FLOOD DAMAGE-RESISTANT MATERIALS

AQ303.1 Flood damage-resistant materials. Flood damage-resistant materials comply with FEMA Technical Bulletin 2, Table 2. Types, Uses, and Classifications of Materials.

AQ303.2 Location of flood damage-resistant materials . Building components and materials located below the increase to base flood elevation as determined by the local jurisdiction in accordance with AQ302.1 shall be flood damage resistant as defined by Section AQ303.1.

AQ303.3 Fasteners and connectors used for flood damage-resistant materials. Fasteners and connectors used for flood damage resistant materials to be made of stainless steel, hot-dipped zinc-coated galvanized steel, mechanically deposited-zinc coated, silicon bronze or copper. Copper fasteners shall not be permitted for use in conjunction with steel.

CHAPTER AQ4

HIGH-WIND RESISTIVE CONSTRUCTION

SECTION AQ401

GENERAL

AQ401.1 Applications. Buildings, and parts thereof shall be designed to withstand the minimum wind loads and meet the opening protection requirements of IBC Section 1609 as modified in this chapter. Wind Load Option A, B or C shall be selected. Table AQ401.1 may be used to assist in the selection of an appropriate Wind Load Option.

AQ401.2

Limitations.

The following limitations shall apply to the design and construction of buildings with respect to winds.

AQ401.2.1 Empirical masonry. The empirical masonry provisions in IBC Section 2109 or Chapter 5 of TMS 402/ACI 530/ASCE 5 shall not be permitted to be used for the wind load resisting elements of buildings, or parts of buildings or other structures.

AQ401.2.2 Unreinforced (plain) masonry. The unreinforced masonry provisions in IBC Section 2109 or sections 2.2, 3.2 or 8.2 of TMS 402/ACI 530/ASCE 5 shall not be permitted to be used for the wind load resisting elements of buildings, or parts of buildings or other structures.

AQ401.2.3 Conventional light-frame construction. The conventional light-frame construction provisions in IBC Section 2308 shall not be permitted to be used for the wind load resisting elements of buildings, or parts of buildings, or other structures. Exception: Compliance with AF&PA WFCM shall be permitted subject to the limitations therein and the limitations of this appendix.

SECTION AQ402

DEFINITIONS AND NOTATIONS

AQ402.1 General. The following terms are defined in Chapter 2 of the International Building Code: CONVENTIONAL LIGHT-FRAME CONSTRUCTION. MASONRY. Unreinforced (plain) masonry. WIND-BORNE DEBRIS REGION. WIND SPEED,Vult.

SECTION AQ403

WIND LOADS

AQ403.1 Wind Directionality Factor. The directionality factor for Wind Option B and C shall be taken as 1.0.

AQ403.2 Exposure. Wind pressures for Wind Option B and C shall be based on exposure category C or D in accordance with IBC Section 1609.4 or ASCE 7.

AQ403.3 Enclosure classification. The enclosure classification shall be determined in accordance with ASCE 7 with the largest door or window on a wall that receives positive external pressure considered as an opening.

AQ403.4 Continuous operation of Risk Category IV buildings. When a building or an internal area within a building in Risk Category IV is required to remain operational during a design wind event (target performance level OB), that building or that internal area shall be designed in accordance with ICC-500 or FEMA- 361.

SECTION AQ404

WIND LOAD OPTION A

AQ404.1 Basic wind speed. The ultimate wind speed, Vult, for use in the design of buildings and structures shall be obtained from IBC Section 1609.3.

AQ404.2

Debris Hazard and Protection of Openings.

Buildings shall be designed for impact resistance in accordance with IBC Section 1609.2 or ASCE 7.

Exception:

1. For Risk Category III buildings with a Life Safety target performance level for the entire building, the exterior glazing shall be impact resistant or be protected with an impact resistant covering meeting the requirements of ASTM E1996.

2. For Risk Category IV buildings with an Immediate Occupancy target performance level for the entire building, the exterior glazing shall be impact resistant or be protected with an impact resistant covering meeting the requirements of ASTM E1996 for Enhanced Protection .

SECTION AQ405

WIND LOAD OPTION B

AQ405.1 Basic wind speed. The ultimate design wind speed, Vult, for use in the design of Risk Category I buildings and structures shall be obtained from 0 Section 1609.3. The ultimate design wind speed, Vult, for use in the design of Risk Category II buildings and structures shall be obtained from IBC Figure 1609.3(1). The ultimate design wind speed, Vult, for use in the design of Risk Category III and IV buildings and structures shall be obtained from IBC Figure 1609.3(1) or 135 mph, whichever is greater.

AQ405.2

Debris Hazard and Protection of Openings.

Buildings shall be designed for impact resistance in accordance with this Section in addition to IBC Section 1609.2 or ASCE 7.

Exception:

1. For Risk Category IV buildings, all components of the exterior envelope shall be impact resistant or be protected with an impact resistant covering meeting the requirements of ASTM E1996 for Enhanced Protection .

SECTION AQ406

WIND LOAD OPTION C

AQ406.1 Basic wind speed. The ultimate design wind speed, Vult, for use in the design of Risk Category I buildings and structures shall be obtained from IBC Section 1609.3. The ultimate design wind speed, Vult, for use in the design of Risk Category II buildings and structures shall be obtained from IBC Figure 1609.3(1). The ultimate design wind speed, Vult, for use in the design of Risk Category III and IV buildings and structures shall be obtained from IBC Figure 1609.3(1) or 170 mph, whichever is greater.

AQ406.2

Debris Hazard and Protection of Openings.

Buildings shall be designed for impact resistance in accordance with this Section in addition to IBC Section 1609.2 or ASCE 7.

Exception:

For Risk Category IV buildings, all components of the exterior envelope shall be impact resistant or be protected with an impact resistant covering meeting the requirements of ASTM E1996 for

Enhanced Protection

.

Table AQ401.1

WIND-LOAD OPTIONS: TARGET PERFORMANCE LEVELS AND DESIGN CRITERIA4

OPTION

DESIGN WIND EVENT

Risk Category II1

Risk Category III1

Risk Category IV1

Target Performance Level2

Min Wind Speed Vult

Wind-Borne Debris

Target Performance Level2

Min Wind Speed Vult

Wind-Borne Debris

Target Performance Level2

Min Wind Speed Vult

Wind-Borne Debris

A

EF0 & 1 Tornado - IBC level Hurricane

CP3

IBC 1609.3

IBC 1609.2 or

ASCE 7

CP3

IBC 1609.3

IBC 1609.2 or

ASCE 7

CP3

IBC 1609.3

IBC 1609.2 or ASCE 7

LS

Glazing

IO5

Glazing

B

EF2 Tornado - Cat 3 Hurricane

CP3 for EF0-EF1-IBC Hurricane for Risk Cat. III/IV

IBC 1609.3 for Risk Cat. III/IV

IBC 1609.2 or

ASCE 7

LS

145 mph

Req'd for glazing per IBC 1609.2 and ASCE 7

IO5

145 mph

Exterior

Envelope

C

EF3 Tornado - Cat 4 Hurricane

CP3 for EF0-EF1-IBC Hurricane for Risk Cat. III/IV

IBC 1609.3 for Risk Cat. III/IV

IBC 1609.2 or

ASCE 7

LS

170 mph

Req'd for glazing per IBC 1609.2 and ASCE 7

IO5

170 mph

Exterior

Envelope

Notes:

1. Risk Category per IBC Section 1604.5

2. Performance Levels: CP: Collapse Prevention LS: Life Safety IO: Immediate Occupancy OB: Operational Building

3. LS for occupants away from exterior envelope. IO for storm shelters or safe rooms.

4. See Section AQ401 and Section AQ403 for additional limitations and criteria.

5. OB for building or an internal area within a building designed to ICC-500 or FEMA 361.

CHAPTER AQ5

STORM SHELTERS, SAFE ROOMS AND BEST AVAILABLE REFUGE AREAS

SECTION AQ 01

GENERAL

AQ501.1 General. This section applies to the location and construction of storm shelters and safe rooms when constructed as separate detached buildings or as internal areas within buildings for the purpose of providing safe refuge for storms that produce high winds, such as tornados and hurricanes, and to the selection of best available refuge areas. Storm shelters shall be designed and constructed in accordance with IBC Section 423. Safe rooms shall be designed and constructed in accordance with FEMA 361. Storm shelters, safe rooms, and best available refuge areas shall be located on an accessible route. Exception:Residential Safe Rooms and safe rooms serving a Business Group B Occupancy and having an occupant load not exceeding 16 persons may be constructed in accordance with FEMA 320.

AQ501.2 Occupant load. The occupant load for storm shelters and safe rooms shall be determined by ICC 500 and FEMA 361 respectively.

AQ501.3 Construction documents. Construction documents for buildings containing a storm shelter or safe room shall include the information required in ICC 500 or FEMA 361 respectively. Construction documents for buildings with access to a remote community storm shelter or safe room shall indicate the location of and access to the community storm shelter or safe room. Construction documents for buildings not containing or without access to a remote storm shelter or safe room, shall indicate the best available refuge area.

AQ501.4 Signage. The location(s) of storm shelters, safe rooms or the best available refuge area(s) shall be clearly marked with a permanent sign. BEST AVAILABLE REFUGE AREAS. Areas in a building that have been deemed by a registered design professional to likely offer the greatest safety for building occupants during a tornado or hurricane. Because these areas were not specifically designed as storm shelters or safe rooms, their occupants may be injured or killed during a tornado or hurricane. However, people in the best available refuge areas are less likely to be injured or killed than people in other areas of a building. SAFE ROOM. A building, structure or portions thereof, constructed in accordance with FEMA 361 and designed for use during a severe wind storm event, such as a hurricane or tornado. Community Safe Room. A safe room not defined as a "Residential Safe Room" Residential Safe Room. A safe room serving occupants of dwelling units and having an occupant load not exceeding 16 persons.

SECTION AQ503

BEST AVAILABLE REFUGE AREAS

AQ503.1 General. Best available refuge area occupants may be injured or killed during a tornado or hurricane. However, people in the best available refuge areas are less likely to be injured or killed than people in other areas of a building.

AQ503.2 Occupant Density. The minimum required floor area per occupant for best available refuge area(s) shall be determined in accordance with ICC 500 Table 501.1.1.

AQ503.3 Identification of best available refuge areas. Best available refuge areas shall be identified by a registered design professional in accordance with the Wind Hazard Checklist of FEMA 361, Appendix B and FEMA P-431.

SECTION AQ502

DEFINITIONS AND NOTATIONS

AQ502.1 Definitions. The following terms are defined in Chapter 2 of the International Building Code: DWELLING UNITS. OCCUPANT LOAD. STORM SHELTER. Community Storm Shelter. Residential Storm Shelter.

AQ502.2 Additional definitions.

SECTION AQ504

APPLICABILITY

AQ504.1

Required storm shelters or safe rooms.

1. All new kindergarten through 12th grade schools with 50 or more occupants in total, per school, shall have a storm shelter or safe room.

All new 911 call stations, emergency operation centers, and fire, rescue, ambulance, and police stations shall have a storm shelter or safe room.

CHAPTER AQ6

RESOURCES

SECTION AQ601

CONTACTS

Georgia Department of Community

Affairs (DCA) Construction Codes

Georgia State Amendments to the State Minimum Standard Codes DCA.GEORGIA.GOV/COMMUNITY-assistance/construction-codes

Phone: 404-679-3118

Georgia Department of Natural

Resources (DNR) Floodplain

Management

4220 International Parkway, Ste. 101

Atlanta, GA 30354-3902

www.georgiadfirm.com

Phone: 404-675-1757

Federal Emergency Management Agency (FEMA)www.fema.gov;

www.floodsmart.gov

www.fema.gov/rebuild/buildingscience/

FEMA Publications and Technical Bulletins: (www.fema.gov/library/index.jsp)

(www.fema.gov/plan/prevent/floodplain/techbul.shtm)

Georgia Emergency Management Agency (GEMA)

Georgia Office of Homeland Security

P.O. Box 18055

Atlanta, GA 30316- 0055

www.gema.ga.gov www.ready.ga.gov

Phone: 404-635-7000

Georgia Association of Regional Commissions (GARC)

www.garc.ga.gov

(http://garc.ga.gov/main.php?Regional-Commissions-2)

(for assistance in identifying Flood Hazard Areas)

International Code Council (ICC)

www.iccsafe.org

National Weather Service

www.weather.gov

State Fire Marshal's Office

2 Martin Luther King Jr. Drive Suite 920 / West Tower

Atlanta, Georgia 30334

www.oci.ga.gov

Phone: 404-656-7087

SECTION AQ602

EMERGENCY INSPECTION KIT b

[] Staff's disaster response management plan [] Sunscreen (SPF 15 or greater) [] Camera

[] Team contact list [] Black markers

[] Area maps

[] Official identification [] Pens & pencils

[] Personal identification [] Envelope for expense receipts

[] Inspection forms and placards [] Compass, GPS unit

[] Communication equipment [] Backpack, waistpack

[] Clipboard [] Flashlight and extra batteries

[] Hard hat [] Battery-operated radio

[] Orange safety vest [] Duct tape

[] Dust mask [] Staples & stapler

[] Work gloves [] Staple gun

[] Steel toe and waterproof boots [] Calculator

[] Whistle

[] First aid kit [] Tire repair kit

[] Latex gloves

Remember to grab:

[] Safety glasses [] Personal identification

[] Sunglasses [] Rain gear, extra clothing

[] Pocket knife [] Water bottle

[] Matches [] Prescription medication

[] Antibacterial hand wipes or alcohol-based hand sanitizer [] Cell phone and charger

[] Cash for personal expenses

[] Insect repellant ( w/ Deet or Picaridin) [] Toiletries

(b)

Disaster Mitigation: A Guide for Building Departments

by the International Code Council, Inc., copyright 2009

SECTION AQ603

SAFETY TIPS a

1. Always travel in teams of at least two people.

2. Always wear a hard hat, gloves, goggles, safety vest, and dust masks.

3. Always wear safety shoes capable of protecting the toes and bottom of the foot.

4. Survey the building exterior completely before entering.

5. Enter building only if authorized and if deemed safe to do so.

6. Be alert for falling objects.

7. In case of fire, injuries or victims, evacuate the area and alert the fire department immediately.

8. Avoid downed power lines and buildings under them or water surrounding them.

9. In case of gas leaks, shut off the gas (if possible) and report the leak.

10. In a flood situation, have a "walking stick."

(a)

When Disaster Strikes

by the International Code Council, Inc., Seventh Printing: November 2011, copyright 2007

SECTION AQ604

MAJOR DISASTER PROCESS

(from link https://www.fema.gov/disaster-declaration-process)

A Major Disaster Declaration usually follows these steps:

Incident occurs and local government responds,

supplemented by neighboring communities and volunteer agencies. If overwhelmed, turn to the state for assistance;

Generally the local government will issue a local state of emergency

The State responds

with state resources, such as the National Guard and state agencies;

Prior to committing state resources, the Governor will declare a state of emergency in the counties impacted by the event for which assistance is needed.

Damage assessment

by local, state, federal, and volunteer organizations determine losses and recovery needs;

Generally the locals will submit a preliminary damage assessment to the state and the state will review and determine if state and/or federal assistance is needed. If federal assistance is needed, the state will request FEMA to perform a preliminary joint damage assessment. If the Governor determines that the incident is of such severity and magnitude that effective response is beyond the capabilities of the state and the affected local governments then supplementary Federal assistance is requested (next step).

A Major Disaster Declaration

is requested by the Governor, based on the damage assessment, and agreement to commit state funds and resources to the long-term recovery;

FEMA evaluates

the request and recommends action to the White House based on the disaster, the local community and the state's ability to recover;

The President approves

the request or FEMA informs the Governor it has been denied. This decision process could take a few hours or several weeks depending on the nature of the disaster

SECTION AQ605

SAMPLE EVALUATION FORMS AND INSPECTION PLACARDS b (following pages)

Figure AQ605.1b

Figure AQ605.2 b

Figure AQ605.3 b

Figure AO605.4b

Figure AO605.5b

CHAPTER AQ7 REFERENCES

REFERENCED STANDARDS

ASCE Standards ASCE/SEI 24-14 Flood Resistant Design and Construction

FEMA P-320, Fourth Edition / December 2014 Taking Shelter From the Storm: Building a Safe Room For Your

Home or Small Business, Includes Construction Plans and Cost Estimates

FEMA 361, Third Edition / March 2015 Design and Construction Guidance for Community Safe Rooms

FEMA P-431, Second Edition/October 2009 Tornado Protection: Selecting Refuge Areas in Buildings

FEMA Technical Bulletin 2, Table 2. Types, Uses, and Classifications of Materials

REFERENCED RESOURCES

a) When Disaster Strikes by the International Code Council, Inc., Seventh Printing: November 2011, copyright 2007

b)

Disaster Mitigation: A Guide for Building Departments by the International Code Council, Inc., copyright 2009

INDEX OF FIGURES:

Figure AQ103.3 Post Disaster Building Safety Evaluation Chart a .................................................. 10

Figure AQ605.1 ATC-45 Rapid Evaluation Form .............................................................................. 18

Figure AQ605.2 ATC-45 Detail Evaluation Form .............................................................................. 19

Figure AQ605.3 Inspected Placard ....................................................................................................... 21

Figure AQ605.4 Restricted Placard ...................................................................................................... 22

Figure AQ605.5 Unsafe Placard ........................................................................................................... 23

INDEX B

Best available refuge area

Chapter 5, AQ501.1, AQ502.2, AQ503

Connectors .........................................

AQ303.3

Conventional Light-Frame Construction

AQ401.2.3

E

Emergency operation centers ............

AQ504.1

Enclosure classification ......................

AQ403.3

Essential Facility .................................

AQ103.3

Evaluation

Detailed ...............

AQ103.2.1, AQ103 3 2.2, AQ103.4

Engineering .....................

AQ103.2.2, AQ103 2.3, Figure 103.3

Rapid ........................

AQ103.2.1, AQ103.4, Figure AQ605.1

Exposure .............................................

AQ403.2

F

Fasteners ............................................

AQ303.3

Flood

500-Year .......................

Chapter 2, AQ302.1.2, AQ302 1.3, AQ302.1.4

Base ....................................

Chapter 2, AQ302.1.1

Design ..............................................

Chapter 2

Future-conditions .............

Chapter 2, AQ302.1.1, AQ302.1.2, AQ302.1.3, AQ302.1.4

Flood Elevation

Advisory Base ................................

Chapter 2, AQ302.1.2, AQ302 1.3, AQ302.1.4

Base ...............................................

Chapter 2, AQ302.1.2, AQ302 1.3, AQ302.1.4

Design ........................................

Chapter 2, AQ302.1.2, AQ302 1.3, AQ302.1.4

Futures-conditions ...........................

Chapter 2

Flood Hazard Area ..

AQ102.1.1, Chapter 2, AQ301.1, AQ302.1, AQ302.1.1

Flood-(Damage)Resistant Material

Chapter 2, AQ303

Freeboard ...............................

Chapter 2, Chapter 3

G

Grade Schools ......................................

AQ504

I

Impact Resistant .......

.AQ404.2, AQ405.2, AQ406.2

Inspections ........

AQ103.1, AQ103.2

M

Masonry

Empirical ........................................

AQ401.2.1

Unreinforced ...................................

AQ401.2.2

O

Opening Protection .....

AQ401.1, AQ404.2, AQ405.2, AQ406.2

P

Placards ....

AQ103.2.1, AQ103.5, Figure AQ605.3-AQ605.5

S

Safe rooms

Community .......................................

AQ502.2

Occupant density..........................

AQ501.2, AQ503.2

Residential.............................

AQ501.1, AQ502, AQ502.2

Sample Ordinance .......................

Page 2,3,and 4

Storm shelters ........

AQ101.3.3, Table AQ401.1, Chapter AQ5

Substantial alterations ....................

AQ102.1.1

Substantial improvements ..................

AQ101 3.1, AQ302.1.1

T

Table of Contents ..................................

Page 7

U

Ultimate design wind speed .........

AQ404.1, AQ405.1, AQ406.1

V

Violations ............................................

AQ101.4

W

Wind Directionality Factor ..............

AQ403.1

Wind Load .........................................

AQ401, AQ403, AQ404, AQ405, AQ406

History

• Authority: O.C.G.A. § 8-2-20 et seq
• History. Original Rule entitled "International Building Code (IBC), 2012 Edition with 2014 Georgia State Amendments" adopted. F. Nov. 13, 2013; eff. Jan. 1, 2014, as specified by the Agency.
• Amended: New title, "International Building Code (IBC), 2012 Edition with 2014 and 2015 Georgia State Amendments." F. Nov. 12, 2014; eff. Jan. 1, 2015, as specified by the Agency.
• Amended: F. Nov. 17, 2016; eff. Jan. 1, 2017, as specified by the Agency.
• Amended: New title, "International Building Code (IBC), 2012 Edition with 2014 and 2015 and 2017 and 2018 Georgia State Amendments." F. Nov. 21, 2017; eff. Jan. 1, 2018, as specified by the Agency.
• Amended: New title, "International Building Code (IBC), 2018 Edition with 2020 Georgia State Amendments." F. Dec. 7, 2018; eff. Jan. 1, 2020, as specified by the Agency.
• Amended: New title, "International Building Code (IBC), 2018 Edition with 2020 and 2022 Georgia State Amendments." F. Nov. 18, 2021; eff. Jan. 1, 2022, as specified by the Agency.
• Amended: New title, "International Building Code (IBC), 2018 Edition with 2020, 2022 and 2024 Georgia State Amendments." F. Oct. 11, 2023; eff. Jan. 1, 2024, as specified by the Agency.
• Amended: New title, "International Building Code (IBC), 2018 Edition with 2020, 2022, 2024 and 2025 Georgia State Amendments." F. Nov. 21, 2024; eff. Jan. 1, 2025, as specified by the Agency.
• Amended: New title, "International Building Code (IBC), 2024 Edition with 2026 Georgia State Amendment." F. Dec. 2, 2025; eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.25 International Residential Code for One- and Two-Family Dwellings (IRC), 2024 Edition with 2026 Georgia State Amendments

GEORGIA STATE MINIMUM STANDARD ONE- AND TWO-FAMILY DWELLING CODE (INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, 2024 Edition, published by the International Code Council, when used in conjunction with these and any other Georgia State Amendments to the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS, 2024 Edition, shall constitute the officialGeorgia State Minimum Standard One-and Two-Family Dwelling Code.

Part IV, Energy Conservation (Chapter 11), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute all references to Chapter 11 ENERGY EFFICIENCY with references to theGeorgia State Minimum Standard Energy Code (International Energy Conservation Code with Georgia State Supplements and Amendments).

Part VII, Plumbing (Chapters 25 through 33), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute for Plumbing requirements, theGeorgia State Minimum Standard Plumbing Code (International Plumbing Code with Georgia State Amendments).

Part VIII, Electrical (Chapters 34 through 43), is deleted from the INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS. Substitute for electrical requirements, theGeorgia State Minimum Standard Electrical Code (National Electrical Code with any Georgia State Amendments).

GEORGIA STATE AMENDMENTS

CODE REFERENCES:

a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with any Georgia State Amendments).

b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for heating and air conditioning equipment.

SCOPE:

The provisions of the International Residential Code for One- and Two-family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses separated by a 2-hour fire-resistance-rated wall assembly, not more than three stories above grade plane in height with a separate means of egress and their accessory structures.

Exceptions:

a) Live/work units complying with the requirements of Section 508.5 of the International Building Code shall be permitted to be built as one- and two-family dwellings or townhouses. Fire Suppression required by Section 508.5.7 of the International Building Code when constructed under the International Residential Code for One- and Two-family Dwellings shall conform to NFPA 13D

b) Owner-occupied lodging houses with five or fewer guest rooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two- family Dwellings when equipped with a fire sprinkler system in accordance with NFPA 13D.

IMPORTANT NOTE:

The intent of the Georgia amendments is that fire sprinklers shall not be mandatory in one- and two-family dwellings. However, the provisions of the 2024 Edition of the International Residential Code for One- and Two-Family Dwellings regarding automatic fire sprinklers are to remain in the Code for use when the builder/developer or owner chooses to install fire sprinklers as an option.

{Ref. O.C.G.A. § 8-2-4. 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.}

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the Authority Having Jurisdiction.

*Revise the International Residential Code for One- and Two-Family Dwellings, 2024 Edition, as follows:

CHAPTER 1

SCOPE AND ADMINISTRATION

*Delete Chapter 1 'Scope and Administration' without substitution. Chapter 1 to remain in the Code as a reference and guide for local governments to use in the development of their own Administrative Procedures.

(Effective January 1, 2026)

CHAPTER 2

DEFINITIONS

SECTION R202

DEFINITIONS

*Revise Section R202 'Definitions' for "[RB] Lodging House" to read as follows:

[RB] LODGING HOUSE. A one-family dwelling with five or fewer guestrooms, where one or more occupants are primarily permanent in nature, and rent is paid for guestrooms.

(Effective January 1, 2026)

*Replace Section R202 'Definitions' for "[RB] Townhouse Unit" to read as follows:

[RB] TOWNHOUSE UNIT. A single-family dwelling unit constructed in a group of three or more attached units. Each unit extends from foundation to roof, not more than three stories in height with a separate means of egress, and with an open space/yard or public way on not less than two sides. Each townhouse shall be considered a separate building with independent exterior walls and shall be separated by a 2-hour fire-resistance-rated wall assembly.

(Effective January 1, 2026)

CHAPTER 3

BUILDING PLANNING

SECTION R301

DESIGN CRITERIA

*Revise section R301.1.1 'Alternative Provisions' to add item #4 to read as follows.

R301.1.1

Alternative Provisions.

As an alternative to the requirements in Section R301.1, the following standards are permitted subject to the limitations of this code and the limitations therein. Where engineered design is used in conjunction with these standards, the design shall comply with the International Building Code.

1. AWC Wood Frame Construction Manual (WFCM).

2. AISI Standard for Cold-Formed Steel Framing-Prescriptive Method for One- and Two-Family Dwellings (AISI S230).

3. ICC Standard on the Design and Construction of Log Structures (ICC 400).

4. The construction or repair of any accessory structure not containing habitable space using ungraded lumber shall comply with the provisions of Appendix AY. (Effective January 1, 2026) SECTION R302 FIRE-RESISTANT CONSTRUCTION *Revise section R302.1 'Exterior walls' first paragraph to read as follows:

R302.1 Exterior walls. Construction, projections, openings and penetrations of exterior walls of dwellings, townhouses and accessory buildings shall comply with Table R302.1(1) based on fire separation distance; or dwellings and townhouses equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13D shall comply with Table R302.1(2) based on fire separation distance. (Remainder of section unchanged). (Effective January 1, 2026) *Revise Section R302.2 'Townhouses' to read as follows:

R302.2 Townhouses. Each townhouse shall be considered a separate building and shall be separated by fire-resistance-rated wall assemblies meeting the requirements of Section R302.1 for exterior walls. Exception: A common 2-hour fire-resistance rated wall assembly tested in accordance with ASTM E 119 or UL 263 is permitted for townhouses, if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Electrical installations shall be installed in accordance with the National Electrical Code (NEC). Penetrations of electrical outlet boxes shall be in accordance with Section R302.4. (Effective January 1, 2026) *Delete Section R302.2.1 'Double walls' without substitution. (Effective January 1, 2026) *Delete Section R302.2.2 'Common walls' without substitution. (Effective January 1, 2026) *Revise Section R302.2.6 'Structural independence' to delete exception 5 without substitution. (Effective January 1, 2026) *Revise Section R302.5.1 'Opening protection' to read as follows:

R302.5.1

Opening protection.

Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 1 3/8 inches (35 mm) in thickness, solid or honeycomb-core steel doors not less than 1 3/8 inches (35 mm) thick, or 20-minute fire-rated doors.

(Effective January 1, 2026)

*Revise Table R302.6 'DWELLING UNIT-GARAGE SEPARATION' to add a new footnote "a" under the column 'SEPARATION' for 'Structure(s) supporting floor/ceiling assemblies used for separation required by this section' as follows:

TABLE R302.6

DWELLING UNIT-GARAGE SEPARATION

SEPARATION MATERIAL

From the dwelling unit and attic Not less than 1/2-inch gypsum board or equivalent applied to the garage side

Portions of the dwelling unit above the garage Not less than 5/8-inch Type X gypsum board or equivalent

Structure(s) supporting floor/ceiling assemblies used for separation required by this sectiona. Not less than 1/2-inch gypsum board or equivalent

Garages located less than 3 feet from a dwelling unit on the same lot Not less than 1/2-inch gypsum board or equivalent applied to the interior side of exterior walls that are within this area

For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. a. Separation of floor/ceiling assemblies is not required in garages protected by an automatic sprinkler system that meets the following criteria: 1. The sprinkler system shall be connected to a reliable water supply system with or without an automatic operated pump. 2. A piping system serving both sprinkler and domestic needs shall be acceptable. 3. Ordinary-temperature-rated residential or quick response sprinklers (135°F to 170°F [57°C to 77°C]) with a 1/2-inch (13 mm) orifice shall be installed. 4. The minimum operating pressure of any residential or quick response sprinkler shall be 7 psi (0.5 bar). 5. Walls that resist the passage of smoke shall separate the sprinklered compartment from any other space(s). Openings in this wall shall be regulated by Section R302.5. 6. The maximum area protected by a single sprinkler head shall not exceed 144 ft2 (13.4 m2). 7. The maximum distance between sprinklers shall not exceed 12 feet (3.7 m). 8. The maximum distance to a wall or partition shall not exceed 6 feet (1.8 m). 9. The minimum distance between sprinklers within a compartment shall be 8 feet (2.4 m). 10. Pendent and upright sprinkler heads shall be positioned so that the deflectors are within 1 to 4 inches (25.4 to 102 mm) below framing. 11. Sprinkler heads shall be located on a looped piping configuration. 12. Minimum pipe size, including that for copper, listed chlorinated polyvinyl chloride (CPVC), and polybutylene (PB) piping shall be 3/4-inch (19 mm). 13. Garage doors in the open position shall not interfere with the operation of a sprinkler head. 14. A smoke alarm detector shall be installed in accordance with Section R314.

(Effective January 1, 2026)

*Delete Section R302.13 'Fire protection of floors' without substitution.

(Effective January 1, 2026)

SECTION R306

FLOOD-RESISTANT CONSTRUCTION

*Delete Section R306.1.9 'Manufactured homes.' without substitution.

(Effective January 1, 2026)

SECTION R309

AUTOMATIC SPRINKLER SYSTEMS

*Delete Section R309 'AUTOMATIC FIRE SPRINKLER SYSTEMS' and substitute to read as follows:

SECTION R309

AUTOMATIC FIRE SPRINKLER SYSTEMS

(Optional)

R309.1 Automatic fire sprinkler systems (Optional). Installation of an automatic residential fire sprinkler system shall be optional and not mandatory in one- and two-family dwellings and townhouses . (Effective January 1, 2026)

R309.2 Design and installation. When installed , automatic residential fire sprinkler systems for one- and two-family dwellings and townhouses shall be designed and installed in accordance with NFPA 13D. (Effective January 1, 2026) Delete any other code references to Section P2904 'Dwelling Unit Fire Sprinkler Systems' and substitute NFPA 13D. (Effective January 1, 2026) SECTION R311 CARBON MONOXIDE ALARMS *Revise Section R311.2.1 'New Construction' to read as follows:

R311.2.1 New construction. For new construction, carbon monoxide alarms shall be provided in dwelling units. (Effective January 1, 2026) SECTION R317 GARAGES AND CARPORTS *Delete Section R317.5 'Fire sprinklers' without substitution. (Effective January 1, 2026) SECTION R318 MEANS OF EGRESS *Delete Exception to Section R318.7.12 'Alternating tread devices' without substitution. (Effective January 1, 2026) SECTION R321 GUARDS AND WINDOW FALL PROTECTION *Revise Section 321 Heading to read as follows: SECTION R321 GUARDS (Effective January 1, 2026) *Delete Section R321.2 'Window fall protection' without substitution. (Effective January 1, 2026) SECTION R323 ELEVATORS AND PLATFORM LIFTS *Revise Section R323.1 'Elevators' to read as follows:

R323.1 Elevators. Where provided, limited-use and limited-application elevators or private residence elevators shall comply with ASME A17.1/CSA B44. (Effective January 1, 2026) *Add a new Section R323.1.1.3 'Hoistway opening framing' to read as follows:

R323.1.1.3 Hoistway opening framing. Limited-use/limited-application elevators or private residence elevators shall have hoistway landing openings that meet the Georgia amended requirements of ASME A17.1/CSA B44 Sections 5.3.1.1 and 5.3.1.7.2. The clearance between the hoistway doors or gates and the hoistway edge of the landing sill shall not exceed 3/4 inch (19 mm). The distance between the hoistway face of the landing door or gate and the car door or gate shall not exceed 3 inches (75 mm). (Effective January 1, 2026) SECTION R325 LIGHT, VENTILATION AND HEATING *Delete Section R325.3 'Mechanical ventilation' and replace with the following:

R325.3 Mechanical ventilation. Where the air infiltration rate of a dwelling unit is 3 air changes per hour or less where tested with a blower door at a pressure of 0.2 inch w.c (50 Pa) in accordance with Section N1102.5.1, the dwelling unit shall be provided with whole-house mechanical ventilation in accordance with Section M1505 (Effective January 1, 2026) SECTION R326 SANITATION *Add new Section R326.5 'Exterior hose bibs, sill cocks or outside hydrants' to read as follows:

R326.5 Exterior hose bibs, sill cocks or outside hydrants. One and two-family dwellings shall have not less than two exterior hose bibs, sill cocks or outside hydrants with one being located on the side or rear of the structure. (Effective January 1, 2026) *Add new Section R326.6 'Construction worker toilet facilities' to read as follows:

R326.6

Construction worker toilet facilities.

Toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction worker toilet facilities of the non-sewer type shall conform to ANSI Z4.3.

(Effective January 1, 2026)

CHAPTER 4

FOUNDATIONS

SECTION R403

FOOTINGS

*Revise section R403.1.6 'Foundation anchorage' to add new exception 3 to read as follows:

3. Where the basic wind speed in accordance with Figure R301.2(4)A does not exceed 115 miles per hour (51 m/s), the seismic design category is A or B and Method GB in accordance with Section R602.10 is used for a braced wall line on the interior of the dwelling, anchor bolts or positive anchorage with approved fasteners shall be required for the wood sole plates of the braced wall panels . (Effective January 1, 2026) CHAPTER 5 FLOORS SECTION R502 WOOD FLOOR FRAMING *Revise Section R502.6 'Bearing' to read as follows:

R502.6 Bearing. The ends of each joist, beam or girder shall have not less than 11/2 inches (38 mm) of bearing on wood or metal, have not less than 3 inches of bearing (76 mm) on masonry or concrete or be supported by approved joist hangers. Alternatively, the ends of joists shall be supported on a 1-inch by 4-inch (25 mm by 102 mm) ribbon strip and shall be nailed to the adjacent stud. The bearing on masonry or concrete shall be direct, or a sill plate of 2-inch minimum (51mm) nominal thickness shall be provided under the joist, beam or girder. (Effective January 1, 2026) SECTION R507 EXTERIOR DECKS *Revise Figure R507.5.2(1) 'DECK BEAM TO DECK POST' to include a new illustration for "Corner Beam Over Post" as follows: (Effective January 1, 2026) *Revise section R507.9.1.3 'Ledger to band joist details' to read as follows.

R507.9.1.3 Ledger to band joist details. Where ledgers are fastened in accordance with Table R507.9.1.3(1), fasteners shall comply with Section R507.2.3 or other approved fasteners and shall be installed in accordance with Table R507.9.1.3(2) and Figures R507.9.1.3(1) and R507.9.1.3(2). Holes for 1/2-inch (12.7 mm) lag screws shall be predrilled with two drill bits so that a hole 1/2 inch (12.7mm) in diameter is drilled through the ledger and sheathing, if present, and a hole 5/16 inch (7.9 mm) to 3/8 inch (9.5mm) in diameter is drilled through the band joist. (Effective January 1, 2026) *Revise Figure R507.9.1.3(2) 'Placement of Lag Screws and Bolts in Band Joists' as follows: (Effective January 1, 2026) *Revise Figure R507.9.2(1) 'Deck Attachment for Lateral Loads' as follows: (Effective January 1, 2026) *Revise Figure R507.9.2(2) 'Deck Attachment for Lateral Loads' and Note as follows: (Effective January 1, 2026) CHAPTER 6 WALL CONSTRUCTION SECTION R602 WOOD WALL FRAMING *Add new exception to R602.10 'Wall bracing' to read as follows:

R602.10 Wall bracing. Buildings shall be braced in accordance with this section or, when applicable, Section R602.12. Where a building, or portion thereof, does not comply with one or more of the bracing requirements in this section, those portions shall be designed and constructed in accordance with Section R301.1. Exception: APA Simplified Wall Bracing Method, SR-102 may be used as an alternate method of wall bracing subject to limitations in document. (Effective January 1, 2026) CHAPTER 8 ROOF-CEILING CONSTRUCTION SECTION R802 WOOD ROOF FRAMING *Add new Section R807.1.1 'Attic service access' to read as follows:

R807.1.1 Attic service access. Attics containing appliances or mechanical equipment service shall be accessible by pull-down stairs or other permanent steps and at a minimum be sized to allow the removal of the largest appliance. (Effective January 1, 2026) CHAPTER 16 DUCT SYSTEMS SECTION M1601 DUCT CONSTRUCTION *Revise Section M1601.1.1 'Above ground duct systems' to delete item 5 and revise item 7.1 to read as follows:

M1601.1.1

Above-ground duct systems.

Above-ground

duct systems

shall conform to the following:

Stud wall cavities and the spaces between solid floor joists to be used as air plenums shall comply with the following conditions:

7.1 These cavities or spaces shall not be used as a plenum for supply or return air unless all such supply and return ducts are lined with metal, flex duct, duct board or other material that is approved in this section. (Effective January 1, 2026) CHAPTER 19 SPECIAL APPLIANCES, EQUIPMENT AND SYSTEMS SECTION M1901 RANGES AND OVENS *Revise Section M1901.2 'Cooking appliances' to add a new exception to read as follows:

M1901.2 Cooking appliances. Cooking appliances shall be listed and labeled for household use and shall be installed in accordance with the manufacturer's instructions. The installation shall not interfere with combustion air or access for operation and servicing. Electric cooking appliances shall comply with UL 1026 or UL 858. Solid-fuel-fired fireplace stoves shall comply with UL 737. Microwave ovens shall comply with UL 923. Exception: Listed and labeled commercial cooking appliances may be installed in dwelling units and domestic kitchens when designed and accepted by a Georgia Licensed Professional Engineer. (Effective January 1, 2026) CHAPTER 24 FUEL GAS SECTION G2415 PIPING SYSTEM INSTALLATION *Revise Section G2415.7.1 (404.7.1) 'Piping through bored holes or notches' to read as follows:

G2415.7.1 (404.7.1) Piping through bored holes or notches. Where piping is installed through holes or notches in framing members and the piping is located less than 11/2 inches (38 mm) from the framing member face to which wall, ceiling or floor membranes will be attached, the pipe shall be protected by shield plates that cover the width of the pipe and the framing member. Where the framing member that the piping passes through is a bottom plate, bottom track, top plate or top track, the shield plates shall cover the framing member and extend not less than 4 inches (102 mm) above the bottom framing member and not less than 4 inches (102 mm) below the top framing member. (Effective January 1, 2026) *Delete Section G2415.7.2 (404.7.2) 'Piping installed in other locations' without substitution. (Effective January 1, 2026) *Delete Section G2415.11.1 (404.11.1) 'Galvanizing' without substitution: (Effective January 1, 2026) SECTION G2420 SHUTOFF VALVES *Add new Section G2420.2.1 (409.2.1) 'System shutoff valve' to read as follows:

G2420.2.1 (409.2.1) System shutoff valve. Where the point of delivery is the outlet of the service meter assembly, or the outlet of the service regulator, a system shutoff valve shall be installed. Such valve is considered to be part of the customer piping system. (Effective January 1, 2026) SECTION G2423 COMPRESSED NATURAL GAS MOTOR VEHICLE FUEL-DESPENSING FACILITIES *Delete Section G2423.1 (413.1) 'General' and substitute to read as follows:

G2423.1 (413.1) General. Under Georgia law, the Rules and Regulations of the Georgia Safety Fire Commissioner govern the storage, delivery and dispensing of compressed natural gas. Refer to the Rules and Regulations of the Georgia Safety Fire Commissioner and NFPA 52 for all requirements concerning compressed natural gas motor vehicle fuel-dispensing stations. (Effective January 1, 2026) CHAPTER 44 REFERENCED STANDARDS *Revise Referenced Standards to read as follows: ACI American Concrete Institute 38800 Country Club Drive Farmington Hills MI 48331-3439 318 - 25 Building Code Requirements for Structural Concrete APPENDIX BB TINY HOUSES *Delete section BB104.2.3 'Alternating Tread Devices' without substitution: (Effective January 1, 2026) *Add new section BB107 'Smoke and Carbon Monoxide Detectors' to read as follows. BB107 SMOKE AND CARBON MONOXIDE DETECTORS. Smoke and carbon monoxide detectors shall be installed as required in Sections R310 and R311. (Effective January 1, 2026) APPENDIX U DISASTER RESILIENT CONSTRUCTION *The Department of Community Affairs hereby adopts Appendix U 'Disaster Resilient Construction' as optional. (Effective January 1, 2026) APPENDIX AY UNGRADED LUMBER. SECTION AY101 GENERAL

AY101.1 Scope. This appendix shall be applicable to the use of ungraded lumber in the construction or repair of any accessory structure not containing habitable space. SECTION AY102 DEFINITIONS

AY102.1 General. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of this code for general definitions. NON-HABITABLE STRUCTURE. A structure not containing habitable space and not intended for any type of human habitation. SECTION AY103 UNGRADED LUMBER

AY103.1 Ungraded Lumber. Ungraded lumber shall not be required to be identified by a grade mark of an accredited lumber grading or inspection agency or have design values certified by an accreditation body that complies with DOC PS 20 in non-habitable structures. The lumber shall meet a maximum moisture content of 19% at the time of construction. Lumber shall be protected in accordance with section R304 and R305 where required by R304.1 and R305.1

103.1

OCCUPANCY CHANGE.

Structures built under this appendix shall not be changed to a habitable structure unless the structure complies with the requirements of R301.1.3.

GEORGIA STATE INTERNATIONAL RESIDENTIAL CODE

APPENDIX U

DISASTER RESILIENT CONSTRUCTION

The INTERNATIONAL RESIDENTIAL CODE, 2024 Edition, published by the International Code Council, when used in conjunction with the Georgia State Amendments to the INTERNATIONAL RESIDENTIAL CODE, 2024 Edition and Appendix U Disaster Resilient Construction shall constitute the officialGeorgia State Minimum Standard Residential Code.

FORWARD

Introduction

The Department of Community Affairs (DCA) was awarded a grant through the U.S. Department of Housing and Urban Development (HUD) to develop Disaster Resilient Building Code (DRBC) Appendices for the International Building Code (IBC) and the International Residential Code (IRC). The DRBC Appendices are optional regulations that local jurisdictions may adopt, in whole or in part, through local ordinance. A task force of stakeholders was appointed to look for opportunities to improve any code provisions relating to damage from hurricane, flood, and tornado disasters. In addition to the approved recommendations from the task force, the state has developed and will conduct a comprehensive training program for code enforcement officials on the importance, implementation and enforcement of the Disaster Resilient Construction Appendices.

The meetings for the Disaster Resilient Building Code Appendices Task Force were open to the public, interested individuals and organizations that desired participation. The technical content of currently published documents on flooding, high-wind construction, and storm shelters, were used and referenced. Those publications included documents of the International Code Council (ICC), American Society of Civil Engineers (ASCE), the Federal Emergency Management Agency (FEMA), Mitigation Assessment Team (MAT) Program, Georgia Emergency Management Agency/Homeland Security (GEMA), APA - The Engineered Wood Association, National Institute of Standards and Technology (NIST), National Oceanic and Atmospheric Administration (NOAA), National Science Foundation (NSF), The State of Florida, American Forest & Paper Association's American Wood Council, Southern Forest Products Association, NAHB Research Center, Insurance Institute for Business & Home Safety, and the Federal Alliance for Safe Homes.

Adoption

Local jurisdictions may adopt this entire appendix with chosen options or specific sections that apply to their communities through a local ordinance. The adopting ordinance must also be filed on record with DCA. A sample ordinance has been included in this document to assist the local jurisdictions with the adoption process. Recommended training is being offered to assist code enforcement officials in the implementation and enforcement of the appendices documents. Contact DCA at (404) 679-3118 or dca.georgia.gov for more information.

Neither The Disaster Resilient Building Code Appendices Task Force, its members nor those participating in the development of Appendix U Disaster Resilient Construction accept any liability resulting from compliance or noncompliance with the provisions of Appendix U Disaster Resilient Construction.

The 2012 Disaster Resilient Building Code (DRBC) Appendices Task Force was charged with the development of two appendices. One appendix is for the International Residential Code and the other appendix is for the International Building Code. These two appendices look for opportunities to improve any provisions relating to hurricane, flood, and tornado disasters. In addition to improving existing provisions in the codes, the task force also developed new provisions to be included in the appendices that address these issues. These appendices contain increased construction requirements for disaster resilience and are intended to be made available for adoption by local jurisdictions in the State of Georgia.

These appendices have reasonable and substantial connection with the public health, safety, and general welfare. In addition, the financial impact and costs associated with these appendices have been taken into consideration.

Members:

Mr. Gregori Anderson, Chairman, States Codes Advisory Committee (SCAC)

Mr. David L. Adams, Vice Chairman, States Codes Advisory Committee (SCAC)

Mr. Bill Abballe, AIA, American Institute of Architects (AIA) - Georgia Chapter

Mr. John Hutton, P.E., S.E., American Council of Engineering Companies of Georgia (ACEC/G)

Mr. Ron Anderson, Code Consultant

Mr. Lamar Smith, Home Builders Association of Georgia (HBAG)

Mr. Thomas Harper, Georgia State Inspectors Association (GSIA)

Mr. Tom Buttram, Building Officials Association of Georgia (BOAG)

Capt. Zane Newman, Georgia State Fire Marshal's Office (Local Fire Official)

Mr. Terry Lunn, Georgia Emergency Management Agency (GEMA)

Mr. Alan Giles, CFM, Georgia Department of Natural Resources (EPD / Floodplain Management Unit)

Mr. Tony Hebert, HUD Georgia State Representative (Region IV Office)

Mr. Jim C. Beck, Sr., Georgia Underwriting Association

Mr. Tim Thornton, Georgia Association of Realtors (GAR)

Mr. Steve Harrison, Building Owners and Managers Association - Georgia (BOMA)

Mr. Tom Aderhold, Georgia Apartment Association (GAA)

Mr. Tim Bromley, Accessibility Consultant - Georgia State ADA Coordinator's Office

Mayor Mark Mathews, Georgia Municipal Association (GMA)

Commissioner Jeff Long, Association of County Commissioners of Georgia (ACCG)

Ad Hoc Subcommittee:

Mr. Tom Buttram, Chairman, DRBC Task Force Liaison (BOAG)

Mr. Ron Anderson, Vice Chairman, Code Consultant

Mr. Stephen V. Skalko, P.E. Concrete Industry

Mr. Jeffrey B. Stone, PhD., Wood Industry (AWC)

Mr. Robert Wills, Steel Industry (AISC)

Mr. Tom Cunningham, PhD., Residential Building Design

Mr. Duncan J. Hastie, P.E., Disaster Mitigation

DCA Staff:

Mr. Ted Miltiades, Director of Construction Codes & Industrialized Buildings

Mrs. Deirdre "Dee" Leclair, DRBC Grant Project Manager

Mr. Max Rietschier, Lead Codes Consultant

Mr. Bill Towson, 2012 International Residential Code Task Force Liaison, Code Consultant

Mr. Calvin Jordan, 2012 International Building Code Task Force Liaison, Code Consultant

How to UseAppendix U Disaster Resilient Construction

The appendix may be adopted in whole or in part by Local Jurisdictions to fit the needs of their community. The following sample ordinance has been provided to aid in the process of identifying Chapters and Sections of the appendix that may be adopted. The format easily allows for choosingto adopt, revise or delete individual Chapters and Sections. Download the MS Word (.doc) version from the DCA website to take advantage of the dropdown menu choices and edit ability features of the document. Note that in Chapter 3, choose one of three options for flood elevation. Only one option may be chosen and that option must be higher than what has been previously adopted and enforced by your jurisdiction. Also note that in Chapter 4, choose one of four options for increased wind speed. Only one option may be chosen and that option must be higher than the mapped wind speed shown in the International Residential Code. The Sample Ordinance document takes into account the flood elevation option in Chapter 3 and the wind speed option in Chapter 4 of this appendix.

SAMPLE ORDINANCE FOR ADOPTION OF

GEORGIA STATE INTERNATIONAL RESIDENTIAL CODE

APPENDIX U

DISASTER RESILIENT CONSTRUCTION

ORDINANCE NO. ______

An ordinance of the [JURISDICTION] adopting the latest edition as adopted and amended by the Georgia Department of Community Affairs of Appendix U Disaster Resilient Construction regulating and governing the mitigation of hazard to life and property from natural weather related disasters, high-wind damages, flooding, and establishing construction standards for storm shelters in the [JURISDICTION]; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No.__of the [JURISDICTION] and all other ordinances or parts of the laws in conflict therewith.

The [GOVERNING BODY] of the [JURISDICTION] does ordain as follows:

Section 1. That a certain document, three (3) copies of which are on file in the office of the [TITLE OF JURISDICTION'S KEEPER OF RECORDS] of [NAME OF JURISDICTION] , being marked and designated as Appendix U Disaster Resilient Construction to the International Residential Code, the latest edition as adopted and amended by the Georgia Department of Community Affairs, be and is adopted as the Appendix U Disaster Resilient Construction of the [JURISDICTION] , in the State of Georgia for regulating and governing the mitigation of hazard to life and property from natural weather related disasters, high-wind damages, flooding, and establishing construction standards for storm shelters; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Appendix U Disaster Resilient Construction on file in the office of the [JURISDICTION] are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any prescribed in Section 2 of this ordinance.

Section 2. [NAME Of JURISDICTION] hereby: Choose an item. CHAPTER AU1 SCOPE AND ADMINISTRATION Choose an item. Choose an item. SECTION AU101 ADMINISTRATION Choose an item. Choose an item. AU101.1 Purpose Choose an item. Choose an item. AU101.2 Objectives Choose an item. Choose an item. AU101.3 Scope Choose an item. AU101.3.1 Insert [Name Of Jurisdiction] for [NAME OF JURISDICTION]. Choose an item. AU101.4 Violations Choose an item. Insert [Name Of Jurisdiction] for [NAME OF JURISDICTION]. Choose an item. SECTION AU102 APPLICABILITY Choose an item. Choose an item. AU102.1 General Choose an item. Choose an item. AU102.2 Other laws Choose an item. Choose an item. AU102.3 Referenced codes and standards Choose an item. Choose an item. SECTION AU103 POST DISASTER EVENT INSPECTIONS GUIDLINES Choose an item. Choose an item. AU103.1 Inspections Choose an item. Choose an item. AU103.1.1 Right of entry Choose an item. Choose an item. AU103.2 Types of inspections Choose an item. Choose an item. AU103.3 Post disaster building safety evaluation chart Choose an item. Choose an item. Figure AU103.3 Post Disaster Building Safety Evaluation Chart Choose an item. Choose an item. AU103.4 Evaluation forms Choose an item. Insert [Name Of Jurisdiction] for [NAME OF JURISDICTION]. Choose an item. AU103.5 Placement and remove of placards Choose an item. Choose an item. CHAPTER AU2 DEFINITIONS Choose an item. Choose an item. SECTION AU201 GENERAL Choose an item. Choose an item. AU201.1 Scope Choose an item. Choose an item. AU201.2 Terms defined in other codes Choose an item. Choose an item. AU201.3 Terms not defined Choose an item. Choose an item. SECTION AU202 DEFINITIONS Choose an item. Choose an item. CHAPTER AU3 FLOOD-RESISTANT CONSTRUCTION Choose an item. Choose an item. SECTION AU301 HAZARD IDENTIFICATION Choose an item. Choose an item. AU301.1 Identification of flood hazard areas Choose an item. Insert [Name Of Jurisdiction] for [NAME OF JURISDICTION]. Insert [Date] for [INSERT DATE ISSUANCE]. Choose an item. SECTION AU302 SCOPE Choose an item. Choose an item. AU302.1 Flood loads Choose an item. Choose an item. FLOOD ELEVATION OPTION Choose an item. Choose an item. Choose an item. SECTION AU303 FLOOD DAMAGE-RESISTANT MATERIALS Choose an item. Choose an item. AU303.1 Flood damage-resistant materials Choose an item. Choose an item. AU303.2 Location of flood damage-resistant materials Choose an item. Choose an item. AU303.3 Fasteners and connectors used for flood-resistant materials Choose an item. Choose an item. CHAPTER AU4 HIGH-WIND RESISTIVE CONSTRUCTION Choose an item. Choose an item. SECTION AU401 GENERAL Choose an item. Choose an item. AU401.1 Scope Choose an item. Choose an item. AU401.2 Continuous load path Choose an item. Choose an item. AU401.3 Adoption of wind speed Choose an item. [Name Of Jurisdiction] adopts Option Choose an item. Choose an item. SECTION Choose an item. Choose an item. Choose an item. SECTION AU406 FASTENERS AND CONNECTIONS FOR CLADDING Choose an item. Choose an item. AU406.1 Fasteners and connectors for cladding Choose an item. Choose an item. SECTION AU407 FENESTRATION Choose an item. Choose an item. AU407.1 Design pressure Choose an item. Choose an item. AU407.2 Anchorage methods Choose an item. Choose an item. SECTION AU408 ROOFING Choose an item. Choose an item. AU408.1 Secondary water barrier Choose an item. Choose an item. AU408.2 Fasteners Choose an item. Choose an item. AU408.3 Attachment Choose an item. Choose an item. CHAPTER AU5 RESIDENTIAL STORM SHELTERS AND SAFE ROOMS Choose an item. Choose an item. SECTION AU501 GENERAL Choose an item. Choose an item. AU501.1 General Choose an item. Choose an item. SECTION AU502 RESIDENTIAL STORM SHELTERS AND SAFE ROOMS Choose an item. Choose an item. AU502.1 Residential storm shelters Choose an item. Choose an item. AU502.2 Residential safe rooms Choose an item.

Section 3. That Ordinance No. of [JURISDICTION] entitled [FILL IN HERE THE COMPLETE TITLE OF THE LEGISLATION OR LAWS IN EFFECT AT THE PRESENT TIME SO THAT THEY WILL BE REPEALED BY DEFINITE MENTION] and all other ordinances or parts of laws in conflict herewith are hereby repealed.

Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The [GOVERNING BODY] hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

Section 5. That nothing in this ordinance or in Appendix U Disaster Resilient Construction hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

Section 6. That the [JURISDICTION'S KEEPER OF RECORDS] is hereby ordered and directed to cause this ordinance to be published. (An additional provision may be required to direct the number of times the ordinance is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.)

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect [TIME PERIOD] from and after the date of its final passage and adoption.

Section 8. Chapter AU6 Resources of this document is intended to be used by the building officials as a resource guide. TABLE OF CONTENTS CHAPTER AU1 Scope and Administration ............... 8 Section AU101 Administration .................................................... 8 AU102 Applicability .......................................................8 AU103 Post Disaster Event Inspections Guidelines ....... 9 CHAPTER AU2 Definitions ....................................... 11 Section AU201 General ............................................................. 11 AU202 Definitions .........................................................11 CHAPTER AU3 Flood-resistant Construction .........................12 Section. AU301 Hazard Identification .........................................12 AU302 Scope ................................................................ 12 AU303 Flood Damage-Resistant Materials .................. 12 CHAPTER AU4 High-wind Resistive Construction .......................13 Section AU401 General ............................................................ 13 AU402 Option A - Minimum Wind Speed 100 MPH .13 AU403 Option B - Minimum Wind Speed 110 MPH .19 AU404 Option C - Minimum Wind Speed 120 MPH .19 AU405 Option D - Minimum Wind Speed 130 MPH .19 AU406 Fasteners and Connectors for Cladding ........... 19 AU407 Fenestrations .................................................... 19 AU408 Roofing ............................................................20 CHAPTER AU5 Residential Storm Shelters and Safe Rooms ............................................... 21 Section AU501 General ..............................................................21 AU502 Residential Storm Shelters and Safe Rooms ..... 21 CHAPTER AU6 Resources ........................................ 22 Section AU601 Contacts ........................................................... 22 AU602 Emergency Inspection Kit ................................ 22 AU603 Safety Tips ....................................................... 23 AU604 Major Disaster Process ..................................... 23 AU605 Sample Evaluation Forms and Inspected Placards .............23 CHAPTER AU7 References ...................................... 30 INDEX OF FIGURES ..................................................30

APPENDIX U

DISASTER RESILIENT CONSTRUCTION

CHAPTER AU1

SCOPE AND ADMINISTRATION

SECTION AU101

ADMINISTRATION

AU101.1 Purpose. The scope of this appendix is to promote enhanced public health, safety and general welfare and to reduce public and private property losses due to hazards and natural disasters associated with flooding, high-winds, and windborne debris above that which is provided in the general provisions of this appendix.

AU101.2

Objectives.

The objectives of this appendix are to:

1. Protect human life, to minimize property loss and to minimize the expenditures of public money associated with natural weather related disasters, including flooding, tornadoes and other high-wind events.

2. Establish enhanced design and construction regulations consistent with nationally recognized good practices for the safeguarding of life and property.

AU101.3

Scope.

AU101.3.1 The provisions of this appendix are not mandatory unless specifically referenced in an adopting ordinance of [NAME OF JURISDICTION] . If adopted, the provisions shall apply to all new development and to substantial improvements to existing development.

AU101.3.2 The provisions of this appendix supplement the jurisdiction's building codes to provide for enhanced provisions to mitigate the hazard to life and property from natural weather related disasters, including flooding, tornadoes and other high-wind events.

AU101.3.3 The provisions of this appendix establish design and construction standards for storm shelters.

AU101.4 Violations. Any violation of a provision of this appendix or failure to comply with a permit of variance issued pursuant to this appendix or any requirement of this appendix shall be handled in accordance with the ordinances of [NAME OF JURISDICTION] .

SECTION AU102

APPLICABILITY

AU102.1

General.

This appendix provides enhanced minimum requirements for development of new construction and substantial improvement of existing development above that contained in the

International Residential Code

(IRC).

AU102.1.1 Regardless of the category of work being performed, the work shall not cause the structure to become unsafe or adversely affect the performance of the building; shall not cause an existing mechanical or plumbing system to become unsafe, hazardous, insanitary or overloaded; and unless expressly permitted by these provisions, shall not make the building any less compliant with this appendix or to any previously approved alternative arrangements than it was before the work was undertaken.

AU102.1.2 Where there is a conflict between a requirement of the International Residential Code and a requirement of this appendix, the requirement of this appendix shall govern. Where there is a conflict between a general requirement of this appendix and a specific requirement of this appendix, the specific requirement shall govern. Where, in any specific case, different sections of this appendix specify different materials, methods of construction or other requirements, the most restrictive shall govern.

AU102.2 Other laws . The provisions of this appendix shall not be deemed to nullify any provisions of local, state or federal law.

AU102.3 Referenced codes and standards. The codes and standards referenced in this appendix shall be those that are listed in Chapter AR7 and such codes and standards shall be considered as part of the requirements of this appendix to the prescribed extent of each such reference. Where differences occur between provisions this appendix and references and standards, the provisions of this appendix shall apply.

SECTION AU103

POST DISASTER EVENT INSPECTIONS GUIDELINES

AU103.1

Inspections.

The building official or agents shall inspect residential buildings and structures to determine the habitability of each with the goal of getting the community back into their residences quickly and safely. Inspections shall always be performed by teams of at least two individuals, also known as disaster assessment teams

AU103.1.1 Right of entry. Unless permitted under the exigent circumstances provisions or from an order from State or Federal Authorities, disaster assessment teams shall confirm the right of entry requirements with the incident commander. Upon approval, the assessment teams shall be authorized to enter the structure or premises at reasonable times to inspect or perform duties as provided by this code, provided that the structure or premises be occupied, that credentials are presented, that entry is requested, and that entry is granted by the owner or person having charge over the structure or premises.

AU103.2

Types of inspections.

AU103.2.1

Rapid evaluation.

Rapid evaluation is performed after a disaster event to determine if a building is apparently safe or obviously unsafe. The evaluation should last 10 to 30 minutes per building and shall be performed by the building official and/or their designated responders. Evaluation shall determine if a detailed evaluation is necessary. Placards are posted onbuildings indicating status as one of the following:

1. INSPECTED

2. RESTRICTED USE

3. UNSAFE See Section AU605 for Placards that may be reproduced for use in the field during evaluations. The jurisdiction shall alter placards to meet the jurisdiction and building department's requirements.

AU103.2.2 Detailed evaluation. Detailed evaluation is a thorough visual examination of a damaged building performed by a team of two, including an inspector and a design professional. Evaluation should last 30 minutes to 4 hours per building. Evaluation shall determine necessary restrictions on a damaged building's use, the need for an engineering evaluation or to evaluate postings.

AU103.2.3 Engineering evaluation . When indicated by the building official as necessary, engineering evaluations shall be completed by a registered design professional hired by the building owner.

AU103.3 Post disaster building safety evaluation Chart. See Figure AU103.3 for Post Disaster Building Safety Evaluation Chart.

AU103.4 Evaluation forms. ATC-45 Rapid Evaluation Safety Assessment Form and ATC-45 Detailed Evaluation Safety Assessment Form shall be used by [NAME OF JURISDICTION]'s Building Official for post disaster inspections. See Section AU605 for copies of the Safety Assessment Forms.

AU103.5

Placement and removal of placards.

AU103.5.1 Placement. Placards are to be posted in a clearly visible location near the main entrance and shall be visible from the public right-of-way. In addition RESTRICTED USE or UNSAFE placards shall be placed at all entrances.

AU103.5.2 Removal. Placards shall not be removed or replaced, except by the authorized representatives of the local jurisdiction. Figure AU103.3 Post Disaster Building Safety Evaluation Chart a (a)When Disaster Strikes by the International Code Council, Inc., Seventh Printing: November 2011, copyright 2007

CHAPTER AU2

DEFINITIONS

SECTION AU201

GENERAL

AU201.1 Scope. Unless otherwise expressly stated the following words and terms shall, for the purposes of this appendix, have the meanings shown in this chapter.

AU201.2 Terms defined in other codes. Where terms are not defined in this appendix and are defined in other International Codes , such terms shall have the meanings ascribed to them as in those codes.

AU201.3

Terms not defined.

Where terms are not defined through the methods authorized by this section, such terms shall have their ordinarily accepted meanings such as the context implies.

SECTION AU202

DEFINITIONS

500-YEAR FLOOD. Flood having a 0.2% annual probability of being equaled or exceeded.

ADVISORY BASE FLOOD ELEVATION (ABFE). An advisory base flood elevation (BFE) issued by the Federal Emergency Management Agency (FEMA) that reflects post-storm conditions and vulnerability to damages from future flooding.

BASE FLOOD. Flood having a 1% chance of being equaled or exceeded in any given year, also referred to as the 100-year flood.

BASE FLOOD ELEVATION (BFE). The elevation of flooding, including wave height, having a 1% chance of being equaled or exceeded in any given year established relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).

BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of the International Residential Code, or the building official's duly authorized representative.

DESIGN FLOOD. The greater of the following two flood events:

(1) The base flood , affecting those areas identified as special flood hazard areas on the community's FIRM;

(2) The flood corresponding to the area designated as a flood hazard area on a community's flood hazard map or otherwise legally designated.

DESIGN FLOOD ELEVATION (DFE). The elevation of the design flood, including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map.

FLOOD [DAMAGE]-RESISTANT MATERIAL. Any building product [material, component or system] capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage.

FLOOD HAZARD AREA. The area subject to flooding during the design flood.

FLOOD HAZARD MAP. Map delineating flood hazard areas adopted by the authority having jurisdiction.

FLOOD INSURANCE RATE MAP (FIRM). An official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FREEBOARD. A factor of safety expressed in feet above a flood level for purposes of floodplain management.

FUTURE-CONDITIONS FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the 100-year future-conditions flood.

FUTURE-CONDITIONS FLOOD ELEVATION. The flood standard equal to or higher than the Base Flood Elevation. The future-conditions flood elevation is defined as the highest water surface anticipated at any given point during the future-conditions flood.

CHAPTER AU3

FLOOD-RESISTANT CONSTRUCTION

Forward: This appendix provides three different options for increased freeboard. The jurisdiction may pick only one option that is higher than previously adopted and enforced by the jurisdiction. The National Flood Insurance Program (NFIP) minimum standards reference Base Flood Elevation without any freeboard in high-risk flood hazard areas. Due to the flood damage prevention updates performed during the Map Modernization initiative that led to flood risks being digitally identified in all 159 Georgia counties, all Georgia NFIP participating communities have freeboard standards that meet or exceed the 1 foot standard used in the State model ordinances for areas where BFEs have been established.

SECTION AU301

HAZARD IDENTIFICATION

AU301.1

Identification of flood hazard areas.

To establish flood hazard areas:

(a) flood hazard map adopted by jurisdiction based on areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study of [INSERT NAME OF JURISDICTION] ," dated [INSERT DATE ISSUANCE] , and amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto.

(b) FIRM maps provided by the Federal Emergency Management Agency.

SECTION AU302

SCOPE

AU302.1

Flood loads.

Buildings designed and constructed in flood hazard areas defined in Table R301.2(1) of the

International Residential Code

shall comply with the following:

AU302.1.1

Flood hazard areas without base flood elevations.

In flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade to the building foundation.

OPTION A - FLOOD ELEVATION

AU302.1.2 Increase to base flood elevation requirements. Floors required by ASCE 24 to be built above base flood elevations as follows:

The higher of:

(a) Design flood elevation plus one (1) foot, or

(b) Base flood elevation plus one (1) foot, or

(c) Advisory base flood elevation, or

(d) Future-conditions plus one (1) foot, if known or

(e) 500-year flood, if known

OPTION B- FLOOD ELEVATION

AU302.1.3

Increase to base flood elevation requirements.

Floors required by ASCE 24 to be built above base flood elevations as follows:

The higher of:

(a) Design flood elevation plus two (2) feet, or

(b) Base flood elevation plus two (2) feet, or

(c) Advisory base flood elevation, or

(d) Future-conditions plus one (1) foot, if known or

(e) 500-year flood, if known

OPTION C - FLOOD ELEVATION

AU302.1.4

Increase to base flood elevation requirements.

Floors required by ASCE 24 to be built above base flood elevations as follows:

The higher of:

(a) Design flood elevation plus three (3) feet, or

(b) Base flood elevation plus three (3) feet, or

(c) Advisory base flood elevation, or

(d) Future-conditions plus one (1) foot, if known or

(e) 500-year flood, if known

SECTION AU303

FLOOD DAMAGE-RESISTANT MATERIALS

AU303.1 Flood damage-resistant materials. Flood damage-resistant materials comply with FEMA Technical Bulletin 2, Table 2. Types, Uses, and Classifications of Materials.

AU303.2 Location of flood damage-resistant materials . Building components and materials located below the increase to base flood elevation as determined by the local jurisdiction in accordance with AU302.1 shall be flood damage-resistant as defined by Section AU303.1.

AU303.3 Fasteners and connectors used for flood damage-resistant materials. Fasteners and connectors used for flood damage-resistant materials to be made of stainless steel, hot-dipped zinc-coated galvanized steel, mechanically deposited-zinc coated, silicon bronze or copper. Copper fasteners shall not be permitted for use in conjunction with steel. CHAPTER AU4 HIGH-WIND RESISTIVE CONSTRUCTION Forward: This appendix provides four different options for increased wind speed. The jurisdiction may pick only one option that is higher than the mapped wind speed shown in the International Residential Code. SECTION AU401 GENERAL

AU401.1 Scope. The provisions of this appendix shall govern the structural design of one- and two-family dwellings (townhouses) not more than three stories in height with separate means of egress and their accessory structures. The building or structure shall comply with all aspects of the International Residential Code in addition to the requirements of this appendix.

AU401.2 Continuous load path. A continuous load path shall be provided to transmit the applicable forces from the roof assembly to the foundation.

AU401.3 Adoption of wind speed. [INSERT NAME OF JURISDICTION] adopts Option [PICK A, B, C, or D] MINIMUM WIND SPEED [INSERT WIND SPEED] .

AU401.4

Alternative materials, design and methods of construction and equipment.

The provisions of this appendix are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this appendix, provided such material is listed and tested for such application intended. An alternative material, design or method of construction shall be

approved

where the

building official

finds that the proposed design is satisfactory and complies with the intent of the provisions of this appendix, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this appendix. Compliance with the specific performance-based provisions of the International Codes in lieu of specific requirements of this appendix shall also be permitted as an alternate.

AU401.4.1 Tests. Whenever there is insufficient evidence of compliance with the provisions of this appendix, or evidence that a material or method does not conform to the requirements of this appendix, or in orderto substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction . Test methods shall be as specified in this appendix or by other recognized test standards. In the absence of recognized and accepted testmethods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. SECTION AU402 OPTION A - MINIMUM WIND SPEED 100 MPH

AU402.1

Wind speed.

Buildings

shall be designed and constructed to comply with minimum wind speed of 100 mph Exposure B in accordance with AU402.1.1 or in accordance with Prescriptive Method AU402.2. Buildings with minimum wind speed of 100 mph Exposure C shall be in accordance with AU402.1.1.

AU402.1.1

Design methods.

The design of buildings for wind loads shall be in accordance with one or more of the following methods:

1. AF&PA Wood Frame Construction Manual (WFCM), or

2. AF&PA Wood Frame Construction Manual Guide to Wood Construction in High Wind Areas for One- and Two-Family Dwellings: 100 MPH Exposure B (WFCM); or

3. ICC Standard for Residential Construction in High-Wind Regions (ICC 600); or

4. ASCE Minimum Design Loads for Buildings and Other Structures (ASCE 7); or

5. AISI Standard for Cold-Formed Steel Framing - Prescriptive Method For One- and Two-Family Dwellings (AISI S230); or

6. International Building Code ; or

7. Concrete walls in accordance with R404 and R608 of the International Residential Code ; or

8. Walls of structural insulated panels in accordance with R610 of the International Residential Code .

AU402.2

Prescriptive wood frame construction method deemed to comply with 100 MPH Exposure B.

Prescriptive construction method for wood frame structures shall be in accordance with IRC requirements for 100 mph Exposure B construction as modified in this section. A continuous load path shall be provided to transmit uplift forces from the roof assembly to the ground as follows:

Figure U402.2b

(b) Form No. M310B © 2011 APA - The Engineered Wood Association.

AU402.2.1 Roof sheathing attachment. Nail roof sheathing with 8d ring shank (or deformed shank) (0.131" x 2-1/2") nails at 4 inches on center along the ends of the sheathing and gable end framing 6 inches on center along intermediate framing. See Figure AU402.2.1.

AU402.2.2 Gable end wall connection . Tie gable end walls back to the structure. See Figure AU402.2.2.

AU402.2.3 Gable end wall sheathing. Continuously sheath gable end walls with wood structural panels or equivalent approved material meeting loading requirements. See Figure AU402.2.3.

AU402.2.4 Roof framing to wall connection. Connect roof framing to wall using an approved connector or connectors having allowable loads when attached to Southern Pine or Douglas Fir lumber of 585 pounds in the upward direction, 485 pounds in the direction parallel to the wall and 165 pounds in the direction perpendicular to the wall. Attachment to be on exterior face of the exterior walls. See Figure AU402.2.4.

AU402.2.5 Sheathing attachment at elevated floor level. Nail upper story sheathing and lower story sheathing into common wood structural panel or engineered rim board. See Figure AU402.2.5.

AU402.2.6 Wall sheathing attachment. Attach wall sheathing with 8d common (0.131" x 2-1/2") nails at 4 inches on center at end and edges of wood structural panels and 6 inches on center in the intermediate framing. See Figure AU402.2.6a. Adjacent edges in wood structural panel wall sheathing that do not occur over common framing members shall be attached to flat wise blocking as illustrated in Figure AU402.2.6b.

AU402.2.7 Continuous wall sheathing. Continuously sheath all walls with wood structural panels or equivalent approved material meeting loading requirements. Continuously sheath areas around openings for windows and doors. Minimum wall bracing requirements shall be in accordance with IRC Section R602.10 or R602.12 continuous sheathing methods as modified in Section AU402.2.

AU402.2.8 Wall sheathing to sill plate connection. Extend sheathing material to lap the sill plate. See Figure AU402.2.8.

AU402.2.9 Anchor bolt connection. Space 1/2" anchor bolts with 7 inches of embedment 48 inches on center with 0.229" x 3" x 3" square plate washers with slotted holes. See Figure AU402.2.9. There shall be a minimum of 2 bolts per plate section with one bolt located not more than 12" or less than 3.5" from each end of the plate section.

AU402.2.10 Top plate intersection detail. Double top plates shall be provided at the top of all exterior stud walls. The double plates shall overlap at corners and at intersections with other exterior or interior load bearing walls. Double top plates shall be lap-spliced with end joints offset in accordance with the minimum requirements given in the WFCM Guides to Wood Construction in High Wind Areas for One- and Two-Family Dwellings: 100 MPH Exposure B . See Figure AU402.2.10.

AU402.3

Wall openings.

Uplift load path connections at wall openings shall be in accordance with IRC Section R602.3.5.

Figure AU402.2.1b

Roof Sheathing Attachment Detail

Figure AU402.2.2b

Gable End Wall Connection Detail

Figure AU402.2.3b

Gable End Wall Sheathing Detail

Figure AU402.2.4b

Roof Framing to Wall Connection Detail

Figure AU402.2.5b

Sheathing Attachment at Elevated Floor Level Detail

Figure AU402.2.6ab

Wall Sheathing Attachment Detail

Figure AU402.2.6b

Panel Splice Detail

Figure AU402.2.8b

Wall Sheathing to Sill Plate Connection Detail

Figure AU402.2.9b

Anchor Bolt Connection Detail

Figure AU402.2.10c

Top Plate Intersection Detail

(b) Form No. M310B August 2011 APA - The Engineered Wood Association

(c) WFCM Guide to Wood Construction in High Wind Areas for One- and Two-Family Dwellings - American Forest & Paper Association and the American Wood Council

SECTION AU403

OPTION B -MINIMUM WIND SPEED 110 MPH

AU403.1

Wind speed.

Buildings

shall be designed and constructed to comply with minimum wind speed of 110 mph Exposure B.

AU403.1.1

Design methods.

The design of buildings for wind loads shall be in accordance with one or more of the following methods:

1. AF&PA Wood Frame Construction Manual (WFCM) ; or

2. ICC Standard for Residential Construction in High-Wind Regions (ICC 600); or

3. ASCE Minimum Design Loads for Buildings and Other Structures (ASCE 7); or

4. AISI Standard for Cold-Formed Steel Framing - Prescriptive Method For One- and Two-Family Dwellings (AISI S230); or

5. International Building Code ; or

6. Concrete walls in accordance with R404 and R608 of the International Residential Code ; or

7. Walls of structural insulated panels in accordance with R610 of the International Residential Code .

SECTION AU404

OPTION C -MINIMUM WIND SPEED 120 MPH

AU404.1

Wind speed.

Buildings

shall be designed and constructed to comply with minimum wind speed of 120 mph Exposure B.

AU404.1.1

Design methods.

The design of buildings for wind loads shall be in accordance with one or more of the following methods:

1. AF&PA Wood Frame Construction Manual (WFCM); or

2. ICC Standard for Residential Construction in High-Wind Regions (ICC 600); or

3. ASCE Minimum Design Loads for Buildings and Other Structures (ASCE 7); or

4. AISI Standard for Cold-Formed Steel Framing - Prescriptive Method For One- and Two-Family Dwellings (AISI S230); or

5. International Building Code; or

6. Concrete walls in accordance with R404 and R608 of the International Residential Code; or

7. Walls of structural insulated panels in accordance with R610 of the International Residential Code .

SECTION AU405

OPTION D - MINIMUM WIND SPEED 130 MPH

AU405.1

Wind speed.

Buildings

shall be designed and constructed to comply with minimum wind speed of 130 mph Exposure B.

AU405.1.1

Design methods.

The design of buildings for wind loads shall be in accordance with one or more of the following methods:

1. AF&PA Wood Frame Construction Manual (WFCM); or

2. ICC Standard for Residential Construction in High-Wind Regions (ICC 600); or

3. ASCE Minimum Design Loads for Buildings and Other Structures (ASCE 7); or

4. AISI Standard for Cold-Formed Steel Framing - Prescriptive Method For One- and Two-Family Dwellings (AISI S230); or

5. International Building Code; or .

6. Concrete walls in accordance with R404 and R608 of the International Residential Code .

SECTION AU406

FASTENERS AND CONNECTORS FOR CLADDING

AU406.1 Fasteners and connectors for cladding. Fasteners and connectors to be made of stainless steel, hot-dipped zinc-coated galvanized steel, mechanically deposited-zinc coated, silicon bronze or copper. Copper fasteners shall not be permitted for use in conjunction with steel.

SECTION AU407

FENESTRATION

AU407.1 Design pressure. Exterior windows and doors shall be designed to resist the design wind loads specified in International Residential Code Table R301.2(2) adjusted for height and exposure per International Residential Code Table R301.2(3) based on the minimum wind speed specified in this appendix by the local jurisdiction.

AU407.2 Anchorage methods. Window and door assembly anchoring systems shall be in accordance with the manufacturer's published recommendations to achieve the design pressure specified per Section AU407.1. Substitute anchoring systems shall provide equal or greater anchoring performance as demonstrated by accepted engineering practice. Anchorage shall not exceed the spacing for the tested rated performance.

SECTION AU408

ROOFING

AU408.1

Secondary water barrier.

Underlayment shall be two layers applied in the following manner:

(a) Self-adhering tape as first layer. Install minimum 4 inch wide self-adhering modified bitumen tape over sheathing joints. Seal deck penetrations with self-adhering modified bitumen tape. ASTM D 226 Type I, ASTM D 4869 Type I or ASTM D 6757 as second layer. Apply a 19-inch strip of underlayment felt parallel to and starting at eaves, secure with low-profile, capped-head nails or thin metal disks attached with roofing nails. Fasten at approximately 6 inches on center along the laps and at approximately 12 inches on center along a row in the field of the sheet between the side laps. All laps shall be a minimum of 4 inches. Starting at the eave, apply 36-inch-wide sheets of underlayment, overlapping successive sheets 19 inches, fasten as before. Distortions in the underlayment shall not interfere with the ability of the shingles to seal.

(b) Two layers of ASTM D 226 Type I, ASTM D 4869 Type I or ASTM D 6757. For each layer, apply a 19-inch strip of underlayment felt parallel to and starting at eaves, secure with low-profile, capped-head nails or thin metal disks attached with roofing nails. Fasten at approximately 6 inches on center along the laps and at approximately 12 inches on center along a row in the field of the sheet between the side laps. All laps shall be a minimum of 4 inches. Starting at the eave, apply 36-inch-wide sheets of underlayment, overlapping successive sheets 19 inches, fasten as before. Distortions in the underlayment shall not interfere with the ability of the shingles to seal. Exception: As an alternative, adhered underlayment complying with ASTM D 1970 shall be permitted.

AU408.2

Fasteners.

AU408.2.1 Underlayment fasteners . Underlayment shall be attached using metal or plastic cap corrosion-resistant nails with a head diameter of not less than 1 inch with a thickness of at least 32-gauge sheet metal. The cap-nail shank shall be a minimum of 12 gauge with a sufficient length to penetrate through the roof sheathing or a minimum of 3/4 inch into the roof sheathing.

AU408.2.2 Asphalt shingles fasteners. Where asphalt shingles shall be applied with corrosion-resistant nails with shanks made of minimum 12 gauge wire and a minimum head diameter of 3/8 inch. Nails shall be long enough to penetrate 3/4 inch into the roof deck. Where the deck is less than 3/4 inch thick, the nails shall be long enough to penetrate completely through plywood decking and extend at least 1/8 inch through the roof deck.

AU408.3

Attachment

. Where asphalt shingles shall have a minimum number of fasteners required by the manufacturer, but not less than six fasteners per strip shingle or three fasteners per individual shingle. Drive nail head flush with the shingle surface per figure AU408.2.

Figure AU408.2d

(d) FEMA Home Builder's Guide to Coastal Construction Technical Fact Sheet No. 7.3 Asphalt Shingle Roofing for High Wind Regions .

CHAPTER AU5

RESIDENTIAL STORM SHELTERS AND SAFE ROOMS

SECTION AU501

GENERAL

AU501.1 General. This section applies to the construction of residential storm shelters and safe rooms when constructed as separate detached buildings or as internal areas within buildings for the purpose of providing safe refuge for storms that produce high winds, such as tornados and hurricanes. Residential storm shelters or safe rooms shall be offered as an optional package.

SECTION AU502

RESIDENTIAL STORM SHELTERS AND SAFE ROOMS

AU502.1

Residential storm shelters.

Residential storm shelters when constructed shall be in compliance with the following:

1. ICC/NSSA-500 per IRC Section R323.

AU502.2

Residential safe rooms.

Residential safe rooms when constructed shall be in compliance with the following:

1. FEMA 361 Design and Construction Guidance for Community Safe Rooms; or

FEMA 320 Taking Shelter from the Storm: Building a Safe Room For Your Home and Small Business

CHAPTER AU6

RESOURCES

SECTION AU601

CONTACTS

Georgia Department of Community Affairs (DCA) Construction Codes

Georgia State Amendments to the State Minimum

Standard Codes

dca.georgia.gov/community-assistance/construction-codes

Phone: 404-679-3118

Georgia Department of Natural Resources (DNR)

Floodplain Management

4220 International Parkway, Ste. 101

Atlanta, GA 30354-3902

www.georgiadfirm.com

Phone: 404-675-1757

Federal Emergency Management Agency (FEMA)

www.fema.gov; www.floodsmart.gov

www.fema.gov/rebuild/buildingscience/

FEMA Publications and Technical Bulletins:

www.fema.gov/library/index.jsp

www.fema.gov/plan/prevent/floodplain/techbul.shtm

Georgia Emergency Management Agency (GEMA)

Georgia Office of Homeland Security

P.O. Box 18055

Atlanta, GA 30316-0055

www.gema.ga.gov

www.ready.ga.gov

Phone: 404-635-7000

Georgia Association of Regional Commissions (GARC)

www.garc.ga.gov

http://garc.ga.gov/main.php?Regional-Commissions-2

(for assistance in identifying Flood Hazard Areas)

International Code Council (ICC)

www.iccsafe.org

National Weather Service

www.srh.weather.gov

State Fire Marshal's Office

2 Martin Luther King Jr. Drive

Suite 920 / West Tower

Atlanta, Georgia 30334

www.oci.ga.gov

Phone: 404-656-7087

SECTION AU602

EMERGENCY INSPECTION KIT e

[] Staff's disaster response management plan

[] Work gloves

[] Camera

[] Steel toe and waterproof boots [] Black markers

[] Team contact list

[] Whistle

[] Pens & pencils

[] Area maps

[] First aid kit

[] Envelope for expense receipts

[] Official identification

[] Latex gloves

[] Compass, GPS unit

[] Personal identification

[] Safety glasses

[] Backpack, waistpack

[] Inspection forms and placards

[] Sunglasses

[] Flashlight and extra batteries

[] Communication equipment

[] Pocket knife

[] Battery-operated radio

[] Clipboard

[] Matches

[] Duct tape

[] Hard hat

[] Antibacterial hand wipes or alcohol-based hand sanitizer

[] Orange safety vest

[] Dust mask

[] Insect repellant ( w/ Deet or Picaridin)

[] Sunscreen (SPF 15 or greater)

[] Staples & stapler

Remember to grab:

[] Cell phone and charger

[] Staple gun

[] Personal identification

[] Cash for personal expenses

[] Calculator

[] Rain gear, extra clothing

[] Toiletries

[] Tire repair kit

[] Water bottle

[] Prescription medication

(e) Disaster Mitigation: A Guide for Building Departments by the International Code Council, Inc., copyright 2009

SECTION AU603

SAFETY TIPS a

1. Always travel in teams of at least two people.

2. Always wear a hard hat, gloves, goggles, safety vest, and dust masks.

3. Always wear safety shoes capable of protecting the toes and bottom of the foot.

4. Survey the building exterior completely before entering.

5. Enter building only if authorized and if deemed safe to do so.

6. Be alert for falling objects.

7. In case of fire, injuries or victims, evacuate the area and alert the fire department immediately.

8. Avoid downed power lines and buildings under them or water surrounding them.

9. In case of gas leaks, shut off the gas (if possible) and report the leak.

In a flood situation, have a "walking stick."

(a) When Disaster Strikes by the International Code Council, Inc., Seventh Printing: November 2011, copyright 2007 SECTION AU604 MAJOR DISASTER PROCESS (from link http://www.fema.gov/hazard/dproc.shtm) A Major Disaster Declaration usually follows these steps: Incident occurs and local government responds, supplemented by neighboring communities and volunteer agencies. If overwhelmed, turn to the state for assistance; Generally the local government will issue a local state of emergency The State responds with state resources, such as the National Guard and state agencies; Prior to committing state resources, the Governor will declare a state of emergency in the counties impacted by the event for which assistance is needed. Damage assessment by local, state, federal, and volunteer organizations determine losses and recovery needs; Generally the locals will submit a preliminary damage assessment to the State and the State will review and determine if state and/or federal assistance is needed. If federal assistance is needed, the state will request FEMA perform a preliminary joint damage assessment. If the Governor determines that the incident is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments then supplementary Federal assistance is requested (next step). A Major Disaster Declaration is requested by the Governor, based on the damage assessment, and agreement to commit state funds and resources to the long-term recovery; FEMA evaluates the request and recommends action to the White House based on the disaster, the local community and the state's ability to recover; The President approves the request or FEMA informs the Governor it has been denied. This decision process could take a few hours or several weeks depending on the nature of the disaster. SECTION AU605 SAMPLE EVALUATION FORMS AND INSPECTION PLACARDS e (following pages) Figure AU605.1 e Figure AU605.2 e Figure AU605.3 e Figure AU605.4 e Figure AU605.5 e

CHAPTER AU7

REFERENCES

REFERENCED STANDARDS

ASCE Standards ASCE/SEI 24-05 Flood Resistant Design and Construction

FEMA P-320, Third Edition / August 2008 Taking Shelter From the Storm: Building a Safe Room For Your Home or Small Business, Includes Construction Plans and Cost Estimates

FEMA 361, Second Edition / August 2008 Design and Construction Guidance for Community Safe Rooms

FEMA Technical Bulletin 2, Table 2. Types, Uses, and Classifications of Materials

REFERENCED RESOURCES

(a) When Disaster Strikes by the International Code Council, Inc., Seventh Printing: November 2011, copyright 2007

(b) Form No. M310B August 2011 APA - The Engineered Wood Association; www.apawood.org

(c) WFCM Guide to Wood Construction in High Wind Areas for One- and Two-Family Dwellings - American Forest & Paper Association and the American Wood Council; www.awc.org

(d) FEMA Home Builder's Guide to Coastal Construction Technical Fact Sheet No. 7.3 Asphalt Shingle Roofing for High Wind Regions .

(e)

Disaster Mitigation: A Guide for Building Departments

by the International Code Council, Inc., copyright 2009

Index of Figures:

Figure AU103.3

Post Disaster Building Safety Evaluation Chart a ..........................

10

Figure AU402.2

Prescriptive wood frame construction method deemed to comply with 100 mph ..........................

14

Figure AU402.2.1

Roof Sheathing Attachment Detail .....................................................................................................

15

Figure AU402.2.2

Gable End Wall Connection Detail.....................................................................................................

15

Figure AU402.2.3

Gable End Wall Sheathing Detail.......................................................................................................

16

Figure AU402.2.4

Roof Framing to Wall Connection Detail...........................................................................................

16

Figure AU402.2.5

Sheathing Attachment at Elevated Floor Level Detail ......................................................................

17

Figure AU402.2.6a

Wall Sheathing Attachment Detail .....................................................................................................

17

Figure AU402.2.6b

Panel Splice Detail ................................................................................................................................

17

Figure AU402.2.8

Wall Sheathing to Sill Plate Connection Detail .................................................................................

18

Figure AU402.2.9

Anchor Bolt Connection Detail ...........................................................................................................

18

Figure AU402.2.10

Top Plate Intersection Detail...............................................................................................................

18

Figure AU408.2

Roof Shingle Nailing Detail .................................................................................................................

20

Figure AU605.1

ATC-45 Rapid Evaluation Form ........................................................................................................

24

Figure AU605.2

ATC-45 Detail Evaluation Form.........................................................................................................

25

Figure AU605.3

Inspected Placard .................................................................................................................................

27

Figure AU605.4

Restricted Placard ................................................................................................................................

28

Figure AU605.5

Unsafe Placard .....................................................................................................................................

29

History

• Authority: O.C.G.A. § 8-2-20 et seq
• History. Original Rule entitled "International Residential Code for One- and Two-Family Dwellings (IRC), 2012 Edition with 2014 Georgia State Amendments" adopted. F. Nov. 13, 2013; eff. Jan. 1, 2014, as specified by the Agency.
• Amended: New title, "International Residential Code for One- and Two-Family Dwellings (IRC), 2012 Edition with 2014 and 2015 Georgia State Amendments." F. Nov. 12, 2014; eff. Jan. 1, 2015, as specified by the Agency.
• Amended: New title, "International Residential Code for One- and Two-Family Dwellings (IRC), 2012 Edition with 2014 and 2015 and 2018 Georgia State Amendments." F. Nov. 21, 2017; eff. Jan. 1, 2018, as specified by the Agency.
• Amended: New title, "International Residential Code for One- and Two-Family Dwellings (IRC), 2018 Edition with 2020 Georgia State Amendments." F. Dec. 7, 2018; eff. Jan. 1, 2020, as specified by the Agency.
• Amended: New title, "International Residential Code for One- and Two-Family Dwellings (IRC), 2018 Edition with 2020 and 2024 Georgia State Amendment." F. Oct. 11, 2023; eff. Jan. 1, 2024, as specified by the Agency.
• Amended: New title, "International Residential Code for One- and Two-Family Dwellings (IRC), 2024 Edition with 2026 Georgia State Amendments." F. Dec. 2, 2025; eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.26 International Plumbing Code (IPC), 2024 Edition with 2026 Georgia State Amendments

GEORGIA STATE MINIMUM STANDARD PLUMBING CODE

(INTERNATIONAL PLUMBING CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL PLUMBING CODE, 2024 Edition, published by the International Code Council, when used in conjunction with these and any other Georgia State Amendments to the INTERNATIONAL PLUMBING CODE, 2024 EDITION, shall constitute the official Georgia State Minimum Standard Plumbing Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code ( National Electrical Code with Georgia State Amendments ).

(b)

Replace all references to the

International Energy Conservation Code (IECC)

with references to the

Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments)

. The

Georgia State Minimum Standard Energy Code

shall be used for efficiency and coefficient of performance ratings of equipment.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

GEORGIA STATE MINIMUM REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 25, Chapter 15 and the Rules and Regulations of the Office of Insurance and Safety Fire Commissioner.

*Revise the International Plumbing Code, 2024 Edition, to read as follows:

CHAPTER 1

SCOPE AND ADMINISTRATION

*Delete Chapter 1 'Scope and Administration' entirely without substitution. Chapter 1 to remain in the Code as a reference guide for local governments to use in the development of their own Administrative Procedures.

(Effective January 1, 2026)

CHAPTER 2

DEFINITIONS

SECTION 202

GENERAL DEFINITIONS

*Add new definition of 'High Efficiency Plumbing Fixtures and Fittings' to read as follows:

HIGH EFFICIENCY PLUMBING FIXTURES AND FITTINGS.

Dual flush water closet. A dual flush water closet or toilet that the average flush volume of two reduced flushes and one full flush does not exceed 1.28 gallons and is listed to the WaterSense Tank-Type High Efficiency Toilet Specification.

Kitchen faucet or kitchen faucet replacement aerator. A kitchen faucet or kitchen faucet replacement aerator that allows a flow of no more than 2.0 gallons of water per minute.

Lavatory faucet or lavatory faucet replacement aerator. A lavatory faucet or lavatory faucet replacement aerator that allows a flow of no more than 1.5 gallons per minute at a pressure of 60 pounds per square inch and is listed to the WaterSense High Efficiency Lavatory Faucet Specification.

Non-water urinal. A urinal that is designed to receive and convey only liquid waste through a trap seal into the gravity drainage system without the use of water for such function.

Single flush water closet. A single flush water closet or toilet, including gravity, pressure assisted and electro-hydraulic tank types, that the average flush volume does not exceed 1.28 gallons and is listed to the WaterSense Tank-Type High Efficiency Toilet Specification.

Shower head. A shower head that allows a flow of no more than the average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure.

Urinal. A urinal and associated flush valve that uses no more than 0.5 gallons of water per flush and is listed to the WaterSense Specification for Flushing Urinals.

(Effective January 1, 2026)

*Add new definition of 'Lavatory Faucet' to read as follows:

LAVATORY FAUCET. A faucet that discharges into a lavatory basin in a domestic or commercial installation.

(Effective January 1, 2026)

*Revise the definition of 'Plumbing Fixture' to read as follows:

PLUMBING FIXTURE. A receptacle or device that receives water, waste or both and discharges water, waste, or both into a drainage system, and that is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water therefrom; discharges wastewater, liquid-borne waste materials or sewage either directly or indirectly to the drainage system of the premises; or requires both a water supply connection and a discharge to the drainage system of the premises. The term includes a kitchen sink, utility sink, lavatory, bidet, bathtub, shower, urinal, toilet, water closet or drinking water fountain.

(Effective January 1, 2026)

*Rename and revise the definition of 'Fixture Fitting' to read as follows:

PLUMBING FIXTURE FITTING. A device that controls and directs the flow of water or conveys sanitary waste. The term includes a sink faucet, lavatory faucet, showerhead, or bath filler.

Supply fitting. A fitting that controls the volume, direction of flow or both of water and is either attached to or accessed from a fixture or is used with an open or atmospheric discharge.

Waste fitting. A combination of components that conveys the sanitary waste from the outlet of a fixture to the connection to the sanitary drainage system.

(Effective January 1, 2026)

*Add new definition of 'Pressurized Flushing Device' to read as follows:

PRESSURIZED FLUSHING DEVICE. 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

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.

(Effective January 1, 2026)

*Under definition of 'Sewer' revise 'Public Sewer' to read as follows:

SEWER

Public sewer. That part of the drainage system of pipes installed or maintained by a city, township, county, public utility company or other public entity, on public property, in the street or in an approved dedicated easement of public or community use.

(Effective January 1, 2026)

*Add new definition of 'Toilet' to read as follows:

TOILET. A water closet.

(Effective January 1, 2026)

*Add new definition of 'Water Closet' to read as follows:

WATER CLOSET. 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.

(Effective January 1, 2026)

*Add new definition of 'WaterSense' to read as follows:

WATERSENSE. A voluntary program of the United States Environmental Protection Agency designed to identify and promote water efficient products and practices.

(Effective January 1, 2026)

*Add new definition of 'WaterSense Listed Plumbing Fixture or Plumbing Fixture Fitting' to read as follows:

WATERSENSE LISTED PLUMBING FIXTURE OR PLUMBING FIXTURE FITTING.

A plumbing fixture or plumbing fixture fitting that has been tested by an accredited third-party certifying body or laboratory in accordance with the WaterSense Program of the United States Environmental Protection Agency and has been listed (certified) by such body or laboratory as meeting the performance and efficiency requirements of the program and has been authorized by the program to use its label.

(Effective January 1, 2026)

CHAPTER 3

GENERAL REGULATIONS

*Add new Section 300 'General Applicability Standards' to read as follows:

SECTION 300

GENERAL APPLICABILITY STANDARDS

300.1 Scope. The provisions of this code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within the state of Georgia. The installation of fuel gas distribution piping and equipment, fuel-gas-fired water heaters and water heater venting systems shall be regulated by the International Fuel Gas Code .

300.2 Appendices. Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

300.3 Intent . The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of plumbing equipment and systems.

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

300.5 General. The provisions of this code shall apply to all matters affecting or relating to structures, as set forth in Section 300. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

300.6 Maintenance. All plumbing systems, materials and appurtenances, both existing and new, and all parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. All devices or safeguards required by this code shall be maintained in compliance with the code edition under which they were installed. The owner or the owner's designated agent shall be responsible for the maintenance of plumbing systems. To determine compliance with this provision, the code official shall have the authority to require any plumbing system to be reinspected.

300.7 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements have been reconditioned, tested, placed in good and proper working condition and approved. (Effective January 1, 2026) SECTION 301 GENERAL *Add new Section 301.1.1 'Requirements for high efficiency plumbing fixtures' to read as follows:

301.1.1 Requirements for high efficiency plumbing fixtures. The installation of high efficiency plumbing fixtures shall be required in all new construction. (Effective January 1, 2026) *Add new Section 301.1.2 'Waiver for requirements of high efficiency plumbing fixtures' to read as follows:

301.1.2

Waiver of requirements for high efficiency plumbing fixtures.

Counties and municipalities are permitted to adopt an ordinance that grants a waiver for an exemption to the requirements for the installation of high efficiency plumbing fixtures 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 sewerage 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

When units to be installed are:

a. Specifically designed for use by persons with disabilities;

b. Specifically designed to withstand unusual abuse or installation in a penal institution; or

c. Toilets for juveniles. (Effective January 1, 2026) SECTION 305 PROTECTION OF PIPES AND PLUMBING SYSTEM COMPONENTS *Revise Section 305.4.1 'Sewer depth' to read as follows:

305.4.1 Sewer depth. Building sewers shall be a minimum of 6 inches (152.4 mm) below grade. (Effective January 1, 2026) SECTION 306 TRENCHING, EXCAVATION, AND BACKFILL *Revise Section 306.3 'Backfilling' to read as follows:

306.3 Backfilling . Loose earth free from rocks, broken concrete, frozen chunks, shall be placed in the trench in 6-inch (152.4 mm) layers and tamped in place until the crown of the pipe is covered by a minimum of 6 inches (152.4 mm) of tamped earth. The backfill under and beside the pipe shall be compacted for pipe support. Backfill shall be brought up evenly on both sides of the pipe so that the pipe remains aligned. In instances where the manufacturer's installation instructions for materials are more restrictive than those prescribed by the code, the material shall be installed in accordance with the more restrictive requirement. (Effective January 1, 2026) *Add new Section 306.5 'Open trenches' to read as follows:

306.5 Open trenches. All excavations required to be made for the installation of a building sewer, building drainage system, or any part thereof within the walls of a building shall be open trench work and shall be kept open until the piping has been inspected, tested and approved. (Effective January 1, 2026) SECTION 311 TOILET FACILITIES FOR WORKERS *Delete Section 311 'Toilet Facilities for Workers' entirely without substitution. (Effective January 1, 2026) SECTION 314 CONDENSATE DISPOSAL *Delete Section 314 'Condensate Disposal' entirely without substitution. (Effective January 1, 2026) CHAPTER 4 FIXTURES, FAUCETS AND FIXTURE FITTINGS SECTION 401 GENERAL *Add new Section 401.4 'Prohibited locations' to read as follows:

401.4

Prohibited locations.

No floor drains or other plumbing fixtures except electric water heaters shall be installed in a room containing air handling machinery when such room is used as a plenum.

Exception: Deep-seal trap floor drains consisting of a minimum 4-inch (102 mm) seal and supplied with a trap primer connected to a water distribution pipe shall be permitted.

(Effective January 1, 2026)

SECTION 403

MINIMUM PLUMBING FACILITIES

*Revise Table 403.1 'Minimum Number of Required Plumbing Fixturesa' to delete the requirements for 'service sink' entirely without substitution.

(Effective January 1, 2026)

*Revise Table 403.1 'Minimum Number of Required Plumbing Fixturesa' by adding the following requirement under the column labeled 'Other' for line number '7' descriptions:

TABLE 403.1

MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES

The remainder of the table remains unchanged.

NO.

CLASSIFICATION

DESCRIPTION

WATER CLOSETS (URINALS: SEE SECTION 424.2)

LAVATORIES

BATHT UBS/ SHOWERS

DRINKING FOUNTAIN (SEE SECTION 410)

OTHER

Male

Female

Male

Female

7

Residential

Apartment house

1 per dwelling unit or sleeping unit

1 per dwelling unit or sleeping unit

1 per dwelling unit or sleeping unit

---

1 kitchen sink per dwelling unit; 1 automatic clothes washer connection per 20 dwelling units. Detached single-family, duplex and multi-family dwelling structures three stories or less in height shall have not less than two exterior hose bibs, sill cocks or outside hydrants with one being located on the side or rear of the structure.

One-and two-family dwellings and lodging houses with five or fewer guestrooms

1 per dwelling unit

1 per dwelling unit

1 per dwelling unit

---

1 kitchen sink per dwelling unit, 1 automatic clothes washer connection per dwelling unit. Detached single-family, duplex and multi-family dwelling structures three stories or less in height shall have not less than two exterior hose bibs, sill cocks or outside hydrants with one being located on the side or rear of the structure

(Effective January 1, 2026)

*Delete 403.1.1 'Fixture calculations' Exception 2 without substitution.

(Effective January 1, 2026)

*Delete 403.2 'Separate facilities' Exception 6 without substitution.

(Effective January 1, 2026)

SECTION 406

AUTOMATIC CLOTHES WASHERS

*Revise Section 406.2 'Waste connection' to read as follows:

406.2 Waste connection. The waste from an automatic clothes washer shall discharge through an air break into a standpipe in accordance with Section 802.4.3 or into a laundry sink. The trap and fixture drain for an automatic clothes washer standpipe shall be a minimum of 2 inches (51 mm) in diameter. The automatic clothes washer fixture drain shall connect to a building drain, branch drain or drainage stack a minimum of 3 inches (76 mm) in diameter. Automatic clothes washers that discharge by gravity shall be permitted to drain to a waste receptor or an approved trench drain. (Effective January 1, 2026) SECTION 410 DRINKING FOUNTAINS *Revise Section 410.2 'Small occupancies' to read as follows:

410.2 Small occupancies. Drinking fountains shall not be required for an occupant load of 25 or fewer. (Effective January 1, 2026) SECTION 412 FAUCETS AND FIXTURE FITTINGS *Revise Section 412.1 'Approval' to add a new paragraph at the end of the section:

412.1 Approval. Faucets and fixture fittings shall conform to ASME A112.18.1/CSA B125.1. Faucets and fixture fittings that supply drinking water for human ingestion shall conform to the requirements of NSF 61, Section 9. Flexible water connectors exposed to continuous pressure shall conform to the requirements of Section 605.6. High-efficiency lavatory faucets or lavatory faucet replacement aerators in private use, such as in residences and apartments, and private (nonpublic) restrooms in hotels and hospitals, shall be listed to the WaterSense High Efficiency Lavatory Faucet Specification. (Effective January 1, 2026) SECTION 419 LAVATORIES *Revise Section 419.5 'Tempered water for public hand-washing facilities' to read as follows:

419.5 Tempered water for public hand-washing facilities. Tempered water may be delivered from lavatories and group wash fixtures located in public toilet facilities provided for customers, patrons and visitors. If provided, tempered water shall be delivered through an approved water-temperature limiting device that conforms to ASSE 1070/ASME A112.1070/CSA B125.70. (Effective January 1, 2026) SECTION 421 SHOWERS *Revise Section 421.2 'Water supply riser' to read as follows:

421.2 Water supply riser. Water supply risers from the shower valve to the shower head outlet, whether exposed or concealed, shall be attached to the structure. The attachment to the structure shall be made by the use of support devices designed for use with the specific piping material or by fittings anchored with corrosion-resistant screws. (Effective January 1, 2026) SECTION 424 URINALS *Revise Section 424.1 'Approval' to read as follows:

424.1 Approval. Urinals shall conform to ANSI Z124.9, ASME A112.19.2/CSA B45.1, ASME A112.19.19 or CSA B45.5/IAPMO Z124. Urinals shall conform to the water consumption requirements of Section 604.4. Water-supplied urinals shall conform to the hydraulic performance requirements of ASME A112.19.2/CSA B45.1 or CSA B45.5/IAPMO Z124. High efficiency urinals with pressurized flushing devices and flush tank (gravity type) flushing devices shall be listed to the WaterSense Specification for Flushing Urinals and shall conform to ASME A112.19.2/CSA B45.1. Non-water urinals shall conform to ASME A112.19.3/CSA B45.4 or ASME A112.19.19, CSA B45.4. Where non-water urinals are employed, they shall be cleaned and maintained in accordance with the manufacturer's instructions after installation. Where non-water urinals are installed they shall have a properly sized 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 non-water 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. (Effective January 1, 2026) SECTION 425 WATER CLOSETS *Revise Section 425.1 'Approval' to read as follows:

425.1 Approval. Water closets shall conform to the water consumption requirements of Section 604.4 and shall conform to ANSI Z124.4, ASME A112.19.2/CSA B45.1, ASME A112.19.3/CSA B45.4, or CSA B45.5. Water closets shall conform to the hydraulic performance requirements of ASME A112.19.2/CSA B45.1. Water closet tanks shall conform to ANSI Z124.4, ASME A112.19.2/CSA B45.1, ASME A112.19.3/CSA B45.4, or CSA B45.5. Electro-hydraulic water closets shall comply with ASME A112.19.2/CSA B45.1. High-efficiency single-flush and dual-flush toilets or water closets shall conform to ASME A112.19.2/CSA B45.1 and ASME A112.19.14. (Effective January 1, 2026) CHAPTER 5 WATER HEATERS SECTION 501 GENERAL *Add new Section 501.10 'Water heaters over 200,000 BTU/h' to read as follows:

501.10 Water heaters over 200,000 BTU/h. The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 25, Chapter 15 and the Rules and Regulations of the Office of Insurance and Safety Fire Commissioner. (Effective January 1, 2026) SECTION 504 SAFETY DEVICES *Revise Section 504.6 'Requirements for discharge piping' to read as follows:

504.6

Requirements for discharge piping.

The discharge piping serving a pressure relief valve, temperature relief valve or combination thereof shall:

1. Not be directly connected to the drainage system.

2. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the airgap .

3. Serve a single relief device and shall not connect to piping serving any other relief device or equipment.

4. Discharge to the floor, to the pan serving the water heater or storage tank, to a waste receptor or to the outdoors.

5. Discharge in a manner that does not cause personal injury or structural damage.

6. Discharge to a termination point that is readily observable by the building occupants.

7. If the discharge pipe is trapped, provisions shall be made to drain the low point of the trapped portion of the discharge pipe.

8. Terminate not more than 6 inches (152 mm) above and not less than two times the discharge pipe diameter above the floor or flood level rim of the waste receptor.

9. Not have a threaded connection at the end of such piping.

10. Not have valves or tee fittings.

11. Be constructed of those materials listed in Section 605.4 or materials tested, rated and approved for such use in accordance with ASME A112.4.1.

12. Be one nominal size larger than the size of the relief valve outlet, where the relief valve discharge piping is installed with insert fittings. The outlet end of such tubing shall be fastened in place. (Effective January 1, 2026) SECTION 506 *Add new Section 506 'Minimum Capacities for Residential Water Heaters' to read as follows: SECTION 506 MINIMUM CAPACITIES FOR RESIDENTIAL WATER HEATERS

506.1

General.

Water heaters installed in residential occupancies shall be sized in accordance with Table 506 or the manufacturer's recommendations. The water heater must at a minimum meet the First Hour Rating (FHR) requirements of Table 506.

(Effective January 1, 2026)

*Add new Table 506 'Minimum Capacities for Residential Water Heaters' to read as follows:

TABLE 506

MINIMUM CAPACITIES FOR RESIDENTIAL WATER HEATERS1, 2, 3

Fuel

Gas

Elec

Gas

Elec

Gas

Elec

Gas

Elec

of Bedrooms

1

2

3

1 to

1 1/2 Baths

FHR (gal)

40

40

45

45

48

48

of Bedrooms

2

3

4

5

2 to

2 1/2 Baths

FHR (gal)

47

47

60

60

62

62

70

70

of Bedrooms

3

4

5

6

3 to

3 1/2 Baths

FHR (gal)

60

60

67

67

70

70

72

72

FHR= First Hour Rating, 1 ga1=3.7854 L, 1 gph=1.05 mL/s

1. Tankless Water Heaters shall be sized and installed per manufacturer's recommendations.

2. Water heaters for single-family dwellings having more than six bedrooms and/or 3 1/2 baths shall be sized per manufacturer's recommendations.

Table 506 reflects the minimum requirements for one or multiple water heating units.

(Effective January 1, 2026)

CHAPTER 6

WATER SUPPLY AND DISTRIBUTION

SECTION 604

DESIGN OF BUILDING

WATER DISTRIBUTION SYSTEM

*Revise Table 604.4 'Maximum Flow Rates and Consumption for Plumbing Fixtures and Fixture Fittings' to read as follows:

TABLE 604.4

MAXIMUM FLOW RATES AND CONSUMPTION FOR

PLUMBING FIXTURES AND FIXTURE FITTINGS

PLUMBING FIXTURE OR FIXTURE FITTING MAXIMUM FLOW RATE OR QUANTITYb

Lavatory, private 1.5f gpm at 60 psi

Lavatory, public (metering) 0.25 gallon per metering cycle

Lavatory, public (other than metering) 0.5 gpm at 60 psi

Shower heada 2.5 gpm at 60f psi

Sink faucet 2.0f gpm at 60 psi

Urinal 0.5f gallons per flushing cycle

Water closet 1.28c, d, e, f gallons per flushing cycle

For SI: 1 gallon = 3.785 L, 1 gallon per minute = 3.785 L/m, 1 pound per square inch = 6.895 kPa.

a. A hand-held shower spray is a shower head.

b. Consumption tolerances shall be determined from referenced standards.

c. For flushometer valves and flushometer tanks, the average flush volume shall not exceed 1.28 gallons.

d. For single flush water closets, including gravity, pressure assisted and electro-hydraulic tank types, the average flush volume shall not exceed 1.28 gallons.

e. For dual flush water closets, the average flush volume of two reduced flushes and one full flush shall not exceed 1.28 gallons.

f. See 2026 GA Amendment to Section 301.1.2 'Waiver from requirements of high efficiency plumbing fixtures.' (Effective January 1, 2026) SECTION 605 MATERIALS, JOINTS AND CONNECTIONS *Revise Section 605.9 'Prohibited joints and connections' to add a new exception to Item 4. 'Saddle-type fittings' to read as follows:

605.9

Prohibited joints and connections.

4. Saddle-type fittings. Exception: Saddle-type fittings can be used to connect refrigerator ice makers and humidifiers to an existing residential unit water distribution system, provided that the manufacturer's installation instructions for the distribution piping do not prohibit the use of saddle fittings. (Effective January 1, 2026) *Revise Section 605.12.3 'Soldered joints' to read as follows:

605.12.3 Soldered joints. Solder joints shall be made in accordance with the methods of ASTM B 828 except a flux conforming to NSF 61 shall be used. Cut tube ends shall be reamed to the full inside diameter of the tube end. Joint surfaces shall be cleaned. The joint shall be soldered with a solder conforming to ASTM B 32. The joining of water supply piping shall be made with lead-free solder and fluxes . "Lead free" shall mean a chemical composition equal to or less than 0.2-percent lead. (Effective January 1, 2026) *Revise Section 605.13.6 'Soldered joints' to read as follows:

605.13.6 Soldered joints. Solder joints shall be made in accordance with the methods of ASTM B 828 except a flux conforming to NSF 61 shall be used. All cut tube ends shall be reamed to the full inside diameter of the tube end. All joint surfaces shall be cleaned. The joint shall be soldered with a solder conforming to ASTM B 32. The joining of water supply piping shall be made with lead-free solders and fluxes. "Lead free" shall mean a chemical composition equal to or less than 0.2-percent lead. (Effective January 1, 2026) SECTION 606 INSTALLATION OF THE BUILDING WATER DISTRIBUTION SYSTEM *Revise Section 606.2 'Location of shutoff valves' to add new Location #4 to read as follows:

606.2

Location of shutoff valves.

4. Shutoff valves to water supplies for refrigerators with automatic icemakers shall have access on the same floor as said refrigerators. (Effective January 1, 2026) SECTION 607 HOT WATER SUPPLY SYSTEM *Revise Section 607.1 'Where required' to read as follows:

607.1 Where required. In residential occupancies, hot water shall be supplied to plumbing fixtures and equipment utilized for bathing, washing, culinary purposes, cleansing, laundry or building maintenance. In nonresidential occupancies, hot water shall be supplied for culinary purposes, cleansing, laundry or building maintenance purposes. In nonresidential occupancies, hot water or tempered water shall be supplied for bathing and washing purposes except for hand-washing facilities. Accessible hand washing facilities regardless of the facility shall not be required to be supplied with hot water or tempered water. (Effective January 1, 2026) *Revise Section 607.3 'Thermal expansion control' to read as follows:

607.3 Thermal expansion control. Where a storage water heater is supplied with cold water that passes through a check valve, pressure reducing valve or backflow preventer, a thermal expansion control device shall be connected to the water heater cold water supply pipe at a point that is downstream of all check valves, pressure reducing valves, backflow preventers and shut off valves. Thermal expansion tanks shall be located a minimum of 18 inches in developed length from the cold-water inlet fitting of the water heater, shall be sized in accordance with the tank manufacturer's instructions and shall be sized such that the pressure in the water distribution system shall not exceed that required by Section 604.8. (Effective January 1, 2026) SECTION 608 PROTECTION OF POTABLE WATER SUPPLY *Revise Section 608.17.5 'Connections to lawn irrigation systems' to read as follows:

608.17.5 Connections to lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check backflow prevention assembly or a reduced pressure principle backflow preventer. Valves shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system interconnected chemical dispensers are used in conjunction with the lawn irrigation systems, the potable water supply shall be protected against backflow by a reduced pressure principle backflow assembly preventer. (Effective January 1, 2026) SECTION 610 DISINFECTION OF POTABLE WATER SYSTEM *Revise Section 610.1 'General' to read as follows:

610.1 General. New or repaired potable water systems shall be flushed and purged of deleterious matter and disinfected prior to utilization. The method to be followed shall be that prescribed by the health authority or water purveyor having jurisdiction. Systems that cannot be adequately flushed and purged may require disinfection in accordance with a prescribed method. In the absence of a prescribed method, the procedure described in either AWWA C651 or AWWA C652, or as described in this section, shall apply. This requirement shall apply to "on-site" or "in-plant" fabrication of a system or to a modular portion of a system. (remainder left unchanged) (Effective January 1, 2026) CHAPTER 7 SANITARY DRAINAGE SECTION 705 JOINTS *Revise Section 705.10.2 'Solvent cementing' to read as follows:

705.10.2 Solvent cementing. Joint surfaces shall be clean and free from moisture. If a primer is required by the solvent manufacturer, a purple primer that conforms to ASTM F 656 shall be applied. Solvent cement not purple in color and conforming to ASTM D 2564, CSA B137.3, CSA B181.2 or CSA B182.1 shall be applied to all joint surfaces. The joint shall be made while the cement is wet and shall be in accordance with ASTM D 2855. Solvent-cement joints shall be permitted above or below ground. (Effective January 1, 2026) SECTION 706 CONNECTIONS BETWEEN DRAINAGE PIPING AND FITTINGS *Revise Section 706.3 'Installation of fittings' to read as follows and delete the exception:

706.3 Installation of fittings. Fittings shall be installed to guide sewage and waste in the direction of flow. Change in direction shall be made by fittings installed in accordance with Table 706.3. Change in direction by combination fittings or increasers shall be installed in accordance with Table 706.3 based on the pattern of flow created by the fitting. Double sanitary tee patterns shall only be used for dry venting purposes or for fixture drains 2 inches (51mm) in diameter or smaller. Delete Exception without replacement. (Effective January 1, 2026) *Delete Section 706.4 'Heel- or side-inlet quarter bends' entirely without substitution. (Effective January 1, 2026) SECTION 708 CLEANOUTS *Revise Section 708.1.2 'Building sewers' to read as follows:

708.1.2 Building sewers. Building sewers shall be provided with cleanouts located not more than 100 feet (30480 mm) apart measured from the upstream entrance of the cleanout. An additional cleanout shall be provided within 10 feet (3048 mm) of the public right of way. For building sewers 8 inches (203 mm) and larger, manholes shall be provided and located at each change in direction and at intervals of not more than 400 feet (122 m). Manholes and manhole covers shall be of an approved type. (Effective January 1, 2026) *Revise Section 708.1.3 'Building drain and building sewer junction' to read as follows:

708.1.3 Building drain and building sewer junction. There shall be a cleanout installed at or near the junction of the building drain and the building sewer. The cleanout shall be outside the building wall unless otherwise approved and shall be brought up to finished ground level. An approved two-way cleanout is allowed to be used at this location to serve as a required cleanout for both the building drain and building sewer. (Effective January 1, 2026) CHAPTER 9 VENTS SECTION 903 VENT TERMINALS *Revise Section 903.1.1 'Roof extension unprotected' to read as follows:

903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall be terminated not less than 6 inches (152.4 mm) above the roof. (Effective January 1, 2026) *Delete exception to Section 909.1 'Distance of trap from vent' entirely without substitution. (Effective January 1, 2026) SECTION 913 WASTE STACK VENT *Revise Section 913.2 'Stack installation' to read as follows:

913.2 Stack installation. The waste stack shall be vertical. Fixture drains shall connect separately to the waste stack. The stack shall not receive the discharge of water closets or urinals. (Effective January 1, 2026) SECTION 914 CIRCUIT VENTING *Revise Section 914.2 'Vent connection' to read as follows:

914.2 Vent connection. The circuit vent connection shall be located between the two most upstream fixture drains . The vent shall connect to the horizontal branch and shall be installed in accordance with Section 905. The circuit vent may receive waste discharge from fixtures located within the same branch interval , provided that the wet portion remains the same size as the horizontal branch. (Effective January 1, 2026) CHAPTER 10 TRAPS, INTERCEPTORS AND SEPARATORS SECTION 1002 TRAP REQUIREMENTS *Revise first paragraph of Section 1002.1 'Fixture traps' to read as follows:

1002.1 Fixture traps. Each plumbing fixture shall be separately trapped by a water-seal trap, except as otherwise permitted by this code. The trap shall be placed as close as possible to the fixture outlet. The vertical distance from the fixture outlet to the trap weir shall not exceed 24 inches (610 mm). The distance of a clothes washer standpipe above a trap shall conform to Section 802.4.3. A fixture shall not be double trapped. Remainder of section unchanged. (Effective January 1, 2026) CHAPTER 13 NONPOTABLE WATER SYSTEMS SECTION 1304 RECLAIMED WATER SYSTEMS *Add new Section 1304.3.2 'Connections to water supply' to read as follows:

1304.3.2

Connections to water supply.

Reclaimed water provided from a reclaimed wastewater treatment facility permitted by the Environmental Protection Division may be used to supply water closets, urinals, trap primers for floor drains and floor sinks, water features and other uses approved by the Authority Having Jurisdiction, in motels, hotels, apartment and condominium buildings, and commercial, industrial, and institutional buildings, where the individual guest or occupant does not have access to plumbing. Also, other systems that may use a lesser quality of water than potable water such as water chillers, carwashes or an industrial process may be supplied with reclaimed water provided from a reclaimed wastewater treatment facility permitted by the Environmental Protection Division.

(Effective January 1, 2026)

CHAPTER 15

REFERENCED STANDARDS

*Revise Chapter 15 'Referenced standards' to add the following new reference standards for WaterSense:

WATERSENSE WaterSense U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460

WaterSense: Tank-Type High Efficiency Toilet Specification

202, 420.1

WaterSense: Specification for Flushing Urinals

202, 419.1

WaterSense: High-Efficiency Lavatory Faucet Specification

202

(Effective January 1, 2026)

History

• Authority: O.C.G.A. § 8-2-20 et seq
• History. Original Rule entitled "International Plumbing Code (IPC), 2012 Edition with 2014 Georgia State Amendments" adopted. F. Nov. 13, 2013; eff. Jan. 1, 2014, as specified by the Agency.
• Amended: New title "International Plumbing Code (IPC), 2012 Edition with 2014 and 2015 Georgia State Amendments." F. Nov. 12, 2014; eff. Jan. 1, 2015, as specified by the Agency.
• Amended: New title "International Plumbing Code (IPC), 2018 Edition with 2020 Georgia State Amendments." F. Oct. 30, 2019; eff. Jan. 1, 2020, as specified by the Agency.
• Amended: New title, "International Plumbing Code (IPC), 2018 Edition with 2020 and 2022 Georgia State Amendments." F. Nov. 18, 2021; eff. Jan. 1, 2022, as specified by the Agency.
• Amended: New title, "International Plumbing Code (IPC), 2018 Edition with 2020, 2022 and 2023 Georgia State Amendments." F. Aug. 10, 2022; eff. Jan. 1, 2023, as specified by the Agency.
• Amended: New title, "International Plumbing Code (IPC), 2018 Edition with 2020, 2022, 2023 and 2024 Georgia State Amendments." F. Oct. 11, 2023; eff. Jan. 1, 2024, as specified by the Agency.
• Amended: New title, "International Plumbing Code (IPC), 2024 Edition with 2026 Georgia State Amendments." F. Dec. 2, 2025; eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.27 International Mechanical Code (IMC), 2024 Edition with 2026 Georgia State Amendments

GEORGIA STATE MINIMUM STANDARD MECHANICAL CODE (INTERNATIONAL MECHANICAL CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL MECHANICAL CODE, 2024 Edition, published by the International Code Council, when used in conjunction with these Georgia State Amendments, shall constitute the official Georgia State Minimum Standard Mechanical Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

b)

Replace all references to the

International Energy Conservation Code (IECC)

with references to the

Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments).

The

Georgia State Minimum Standard Energy Code

shall be used for efficiency and coefficient of performance ratings of mechanical equipment.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the Authority Having Jurisdiction.

SCOPE:

The provisions of the Georgia State Minimum Standard Mechanical Code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting system shall be regulated by the Georgia State Minimum Standard Gas Code (International Fuel Gas Code with Georgia Amendments).

Exception #1: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade with separate means of egress and their accessory structures shall comply with the Georgia State Minimum Standard One- and Two-Family Dwellings Code (International Residential Code for One- and Two- Family Dwellings with Georgia State Amendments).

Exception #2: The following table titled 'Codes Reference Guide' establishes specific primary and supplementary code applications and is to be applied by the Authority Having Jurisdiction.

CODES REFERENCE GUIDE

Area

Primary

Supplement

Occupancy Classification

LSC

IBC

Building Construction Types, including allowable height, allowable building areas, and the requirements for sprinkler protection related to minimum building construction types.

IBC

LSC

Means of Egress

LSC

NONE

Standpipes

IBC

IFC

Interior Finish

LSC

NONE

HVAC Systems

IMC

NONE

Vertical Openings

LSC

NONE

Sprinkler Systems minimum construction standard

LSC

NONE

Fire Alarm Systems

LSC

NONE

Smoke Alarms and Smoke

Detection Systems

State Statute and LSC

NONE

Portable Fire Extinguishers

IFC

NONE

Cooking Equipment

LSC and NFPA 96

NONE

Fuel Fired Appliances

IFGC

NFPA 54

Liquid Petroleum Gas

NFPA 58

NFPA 54

Compressed Natural Gas

NFPA 52

NONE

GEORGIA STATE MINIMUM

REQUIREMENTS FOR BOILERS/WATER HEATERS AND PRESSURE VESSELS

The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 25, Chapter 15 and the Rules and Regulations of the Office of Insurance and Safety Fire Commissioner.

*Revise the International Mechanical Code, 2024 Edition, as follows:

CHAPTER 1

SCOPE AND ADMINISTRATION

*Delete Chapter 1 'Scope and Administration' without substitution. Chapter 1 to remain in the Code as a reference and guide for local governments in the development of their own Administrative Procedures.

(Effective January 1, 2026)

CHAPTER 3

GENERAL REGULATIONS

SECTION 301

GENERAL

*Revise Section 301.1 'Scope' to read as follows:

301.1 Scope. This chapter shall govern the approval and installation of all equipment and appliances that comprise parts of the building mechanical systems regulated by this code. (Effective January 1, 2026) *Revise Section 301.2 'Energy utilization' to read as follows:

301.2 Energy utilization. Heating, ventilating and air-conditioning systems of all structures shall be designed and installed for efficient utilization of energy in accordance with the International Energy Conservation Code . Cooling towers installed in new construction shall be in compliance with ASHRAE, Standard 90.1. (Effective January 1, 2026) *Revise Section 301.7 'Listed and labeled' to read as follows:

301.7 Listed and labeled. Appliances regulated by this code shall be listed and labeled for the application in which they are installed and used, unless otherwise approved. Exception to remain unchanged. (Effective January 1, 2026) *Add new Section 301.19 'Related fire codes' to read as follows:

301.19 Related fire codes. Any reference to the International Fire Code and/or NFPA standards in any chapter of this code shall be to the latest edition as adopted and amended by the Georgia Insurance and Safety Fire Commissioner. (Effective January 1, 2026) SECTION 306 ACCESS AND SERVICE SPACE *Revise Section 306.3 'Appliances in attics' to add new exception #3 to read as follows:

306.3

Appliances in attics.

Exceptions:

3. In Residential Occupancies, attics containing appliances or mechanical equipment service shall be accessible by pull-down stairs or other permanent steps and at a minimum be sized to allow the removal of the largest appliance. (Effective January 1, 2026) CHAPTER 4 VENTILATION SECTION 401 GENERAL *Revise section 401.2 'Ventilation required' to read as follows:

401.2 Ventilation required. Every occupied space shall be ventilated by natural means in accordance with Section 402 or by mechanical means in accordance with Section 403. Where the air infiltration rate in a dwelling unit is less than three air changes per hour when tested with a blower door at a pressure of 0.2-inch water column (50 Pa) in accordance with the Georgia State Minimum Standard Energy Code, the dwelling unit shall be ventilated by mechanical means in accordance with Section 403. Ambulatory care facilities and Group I-2 occupancies shall be ventilated by mechanical means in accordance with Section 407. (Effective January 1, 2026) *Add new Section 401.7 'Alternative ventilation procedures' to read as follows:

401.7

Alternative ventilation procedures.

As an alternative to Chapter 4, the following shall be permitted:

1. Ventilation Rate Procedure, Natural Ventilation Procedure or Indoor Air Quality Procedure, as prescribed by ASHRAE 62.1. Software programs to calculate outdoor ventilation air may be used to demonstrate ASHRAE 62.1 compliance, as approved by authority having jurisdiction.

2. A combination of ASHRAE 62.1 and ANSI/ASHRAE/ASHE Standard 170 may be utilized for different occupancy types within a single building. (Effective January 1, 2026) CHAPTER 5 EXHAUST SYSTEMS SECTION 501 GENERAL *Revise Section 501.3 'Exhaust discharge' Exception #1 to read as follows:

501.3

Exhaust discharge.

Exceptions:

1. Whole-house ventilation-type attic fans shall be permitted to discharge into the ventilated attic space of dwelling units having private attics, provided the installed system meets paragraph 501.4 requirements for pressure equalization. (Effective January 1, 2026) SECTION 505 DOMESTIC COOKING EXHAUST EQUIPMENT *Add new Section 505.3.1 'Exhaust ducts for domestic range hoods installed in commercial applications' to read as follows:

505.3.1 Exhaust Ducts for domestic range hoods installed in commercial applications. Exhaust ducts for domestic range hoods installed in commercial applications including I-1 and I-2 occupancies shall be vented to the outside and shall be constructed of (a) Type B vent, or (b) smooth wall duct constructed of galvanized or stainless steel with a minimum duct thickness of 0.0157 inches (0.40 mm) or constructed of aluminum or copper with a minimum duct thickness of 0.023 inches (0.58mm). (Effective January 1, 2026) *Add new Section 505.9 'Commercial installations of domestic systems' to read as follows:

505.9 Commercial installations of domestic systems. Commercial installations of domestic systems shall comply with the current Life Safety Code NFPA 101 and 96 standards as adopted and amended by the Georgia Insurance and Safety Fire Commissioner. (Effective January 1, 2026) SECTION 506 COMMERCIAL KITCHEN HOOD VENTILATION SYSTEM DUCTS AND EXHAUST EQUIPMENT *Delete Section 506.1 'General' and substitute the following:

506.1 General. The State's minimum requirements for Type I commercial kitchen hood ventilation system ducts and exhaust equipment shall be designed, constructed and installed in accordance with the Life Safety Code NFPA 101 and NFPA 96 as adopted and amended by the Georgia Insurance and Safety Fire Commissioner. Other commercial kitchen hood ventilation system ducts and exhaust equipment shall comply with the requirements of this section. (Effective January 1, 2026) SECTION 507 COMMERCIAL KITCHEN HOODS *Delete Section 507.1 'General' and substitute the following:

507.1 General. The State's minimum requirements for Type I commercial kitchen hoods shall be designed, constructed and installed in accordance with the Life Safety Code NFPA 101 and NFPA 96 as adopted and amended by the Georgia Insurance and Safety Fire Commissioner. Other commercial kitchen hoods shall comply with the requirements of this section. (Effective January 1, 2026) *Delete Section 507.1.2 'Domestic cooking appliances used for commercial purposes' without substitution. (Effective January 1, 2026) *Delete Section 507.2.11 'Fire suppression systems' and substitute the following:

507.2.11 Fire suppression systems. The State's minimum requirements for fire suppression systems for commercial cooking equipment shall be established by the Life Safety Code NFPA 101 and NFPA 96 as adopted and amended by the Georgia Insurance and Safety Fire Commissioner. (Effective January 1, 2026) CHAPTER 6 DUCT SYSTEMS SECTION 606 SMOKE DETECTION SYSTEMS CONTROL *Rename Section 606.2.1 'Return air systems' and revise to read as follows:

606.2.1 Supply air systems . Smoke detectors shall be installed in supply air systems with a design capacity greater than 2,000 cfm (0.9m 3 /s), in the supply air duct downstream of any filters, fan motors, outdoor air connections, and upstream of any branch connections or decontamination equipment and appliances. Exception: Smoke detectors are not required in the supply air system where all portions of the building served by the air distribution system are protected by area smoke detectors connected to a fire alarm system in accordance with NFPA 72. The area smoke detection system shall comply with Section 606.4. (Effective January 1, 2026) *Revise Section 606.2.2 'Common supply and return air systems' to read as follows:

606.2.2

Common supply and return air systems.

Where multiple air-handling systems share common supply or return air ducts or plenums with a combined design capacity greater than 2,000 cfm (0.9m

3

/s), the supply air system shall be provided with smoke detectors in accordance with Section 606.2.1.

Exception: Individual smoke detectors shall not be required for each fan-powered unit, provided that such units do not have an individual design capacity greater than 2,000 cfm (0.9m3/s) and will be shut down by activation of one of the following:

1. Smoke detectors required by Sections 606.2.1 and 606.2.3.

2. An approved area smoke detector system located in the common plenum(s) serving such units.

3. An area smoke detector system as prescribed in the exception to Section 606.2.1. In all cases, the smoke detectors shall comply with sections 606.4 and 606.4.1. (Effective January 1, 2026) *Revise Section 606.4.1 'Supervision' first sentence to read as follows:

606.4.1 Supervision. The duct smoke detectors shall be connected to a fire alarm system where a fire alarm system is required by the Life Safety Code NFPA 101 and NFPA 72 as adopted and amended by the Georgia Insurance and Safety Fire Commissioner. (Effective January 1, 2026) CHAPTER 9 SPECIFIC APPLIANCES, FIREPLACES AND SOLID FUEL-BURNING EQUIPMENT SECTION 908 COOLING TOWERS, EVAPORATIVE CONDENSERS AND FLUID COOLERS * Revise Section 908.1 'General' to read as follows:

908.1 General. A cooling tower used in conjunction with an air-conditioning appliance shall be installed in accordance with the manufacturer's installation instructions. Factory-built cooling towers shall be listed in accordance with UL 1995 or UL/CSA 60335-2-40. The standards related to high efficiency cooling towers shall include without limitation the minimum standards prescribed by the ASHRAE, Standard 90.1. (Effective January 1, 2026) SECTION 917 COOKING APPLIANCES *Revise Section 917.1 'Cooking appliances' to add new Exception to read as follows: Exception: Listed and labeled commercial cooking appliances may be installed in dwelling units and domestic kitchens when such installation is designed by a Georgia Licensed Professional Engineer and accepted by the local authority having jurisdiction. (Effective January 1, 2026) *Delete Section 917.2 'Domestic appliances' without substitution. (Effective January 1, 2026) CHAPTER 10 BOILERS, WATER HEATERS AND PRESSURE VESSELS SECTION 1001 GENERAL *Revise Section 1001.1 'Scope' to add the following at the end of the first paragraph:

1001.1 Scope. ...and pressure vessels. The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 25, Chapter 15 and the as adopted and amended Rules and Regulations of the Office of Insurance and Safety Fire Commissioner. (Effective January 1, 2026) CHAPTER 11 REFRIGERATION SECTION 1101 GENERAL * Delete section 1101.1.1 'Refrigerants other than ammonia' and substitute the following:

1101.1.1 Refrigerants other than ammonia. Refrigeration systems using a refrigerant other than ammonia shall comply with this chapter, the International Fire Code, and either ASHRAE 15 or ASHRAE 15.2, as applicable. Refrigeration systems containing carbon dioxide as the refrigerant shall also comply with IIAR CO2. (Effective January 1, 2026) SECTION 1105 MACHINERY ROOM, GENERAL REQUIREMENTS *Renumber Section [F] 1105.3 'Refrigerant detector' as 1105.3 and revise to read as follows:

1105.3 Refrigerant detector. Refrigerant detectors in machinery rooms shall be provided as required in accordance with ASHRAE 15. (Effective January 1, 2026) SECTION 1106 MACHINERY ROOM, SPECIAL REQUIREMENTS *Renumber Section [F] 1106.5 'Remote controls' as 1106.5 and revise to read as follows:

1106.5 Remote controls. Remote control of the mechanical equipment and appliances located in the machinery room shall be provided as required in accordance with ASHRAE 15. (Effective January 1, 2026) *Renumber Section [F] 1106.6 'Emergency signs and labels' as 1106.6 and revise to read as follows:

1106.6 Emergency signs and labels. Refrigeration units and systems shall be provided with approved signs, charts and labels in accordance with ASHRAE 15. (Effective January 1, 2026) SECTION 1107 PIPING MATERIAL *Revise 1107.4 'Piping materials standards' to read as follows:

1107.4 Piping materials standards . Refrigerant pipe shall conform to one or more of the standards listed in Table 1107.4. For refrigeration systems used in residential occupancies serving only a single dwelling unit or sleeping unit, refrigerant piping and tubing shall be limited to aluminum, copper, and copper alloy. The exterior of the pipe shall be protected from corrosion and degradation. (Effective January 1, 2026) *Revise 1107.5 'Pipe fittings' to read as follows:

1107.5 Pipe fittings. Refrigerant pipe fittings shall be approved for installation with the piping materials to be installed, and shall conform to one of more of the standards listed in Table 1107.5 or shall be listed and labeled as complying with UL 207. For refrigeration systems used in residential occupancies serving only a single dwelling unit or sleeping unit, refrigerant fittings shall be limited to aluminum, copper, copper alloys, stainless steel, and steel. (Effective January 1, 2026) SECTION 1109 REFRIGERANT PIPE INSTALLATION * Revise 1109.3.2 'Shaft ventilation' to read as follows:

1109.3.2 Shaft ventilation. Required refrigerant pipe shafts with systems using Group A2L or B2L refrigerant shall be naturally or mechanically ventilated. Refrigerant pipe shafts with one or more systems using any Group A2, A3, B2 or B3 refrigerant shall be continuously mechanically ventilated and shall include a refrigerant detector. The shaft ventilation exhaust outlet shall comply with Section 501.3.1. Naturally ventilated shafts shall have a pipe, duct, or conduit not less than 4 inches (102 mm) in diameter that connects to the lowest point of the shaft and extends to the outdoors. The pipe, duct or conduit shall be level or pitched downward to the outdoors. Mechanically ventilated shafts shall have a minimum airflow velocity in accordance with Table 1109.3.2. The mechanical ventilation shall be continuously operated or activated by a refrigerant detector. Systems utilizing a refrigerant detector shall activate the mechanical ventilation at a maximum refrigerant concentration of 25 percent of the lower flammable limit of the refrigerant. The detector, or a sampling tube that draws air to the detector, shall be located in an area where refrigerant from a leak will concentrate. The shaft shall not be required to be ventilated for double-wall refrigerant pipe where the interstitial space of the double-wall pipe is vented to the outdoors. For refrigeration systems used in residential occupancies serving only a single dwelling unit or sleeping unit, shaft ventilation shall not be required where the pipe or tube is continuous without fittings in the shaft. (Effective January 1, 2026) * Revise section 1109.2.5 'Refrigerant pipe shaft' Exception 1 and 2 to read as follows:

1109.2.5

Refrigerant pipe shafts.

Refrigerant piping that penetrates two or more floor/ceiling assemblies shall be enclosed in a fire-resistance-rated shaft enclosure. The fire-resistance-rated shaft enclosure shall comply with Section 713 of the

International Building Code

.

Exceptions:

1. Refrigeration systems using R-718 refrigerant (water).

2. Piping in a direct refrigeration system where the refrigerant quantity does not exceed the limits of Table 1103.1 for the smallest occupied space through which the piping passes.

3. Piping located on the exterior of the building where vented to the outdoors. (Effective January 1, 2026) CHAPTER 13 FUEL OIL PIPING AND STORAGE SECTION 1301 GENERAL *Revise Section 1301.1 'Scope' to add the following at the end of the paragraph:

1301.1 Scope. ...International Fire Code. The State's minimum requirements for fuel oil piping and storage shall be as established by the Georgia State Minimum Fire Safety Standards and the as adopted and amended Rules and Regulations of the Georgia Insurance and Safety Fire Commissioner. Any areas not addressed by the Georgia State Minimum Fire Safety Standards shall be regulated by this chapter. (Effective January 1, 2026) CHAPTER 14 SOLAR THERMAL SYTEMS SECTION 1402 DESIGN AND INSTALLATION *Revise Section 1402.4 'Protection from freezing' to read as follows:

1402.4 Protection from freezing . System Components shall be protected from damage by freezing of heat transfer liquids at the lowest ambient temperatures that will be encountered. Freeze... (Remainder of paragraph to remain unchanged) (Effective January 1, 2026) SECTION 1403 HEAT TRANSFER FLUIDS *Add new Section 1403.2.1 'Protection of drains' to read as follows:

1403.2.1

Protection of drains.

Drains serving heat transfer fluids over 140°F (60°C) or which are toxic or corrosive shall be protected in accordance with the requirements of

The International Plumbing Code

.

(Effective January 1, 2026)

CHAPTER 15

REFERENCED STANDARDS

*Revise Chapter 15 'Referenced Standards' to add the following:

ASHRAE

Standard reference number

Title

Referenced in code section number

15.2-2022

Safety Standard for Refrigeration Systems in Residential Applications

1101.1.1, GA Amendments

(Effective January 1, 2026)

History

• Authority: O.C.G.A. § 8-2-20 et seq
• History. Original Rule entitled "International Mechanical Code (IMC), 2012 Edition with 2014 Georgia State Amendments" adopted. F. Nov. 13, 2013; eff. Jan. 1, 2014, as specified by the Agency.
• Amended: New title "International Mechanical Code (IMC), 2012 Edition with 2014 and 2015 Georgia State Amendments." F. Nov. 12, 2014; eff. Jan. 1, 2015, as specified by the Agency.
• Amended: New title "International Mechanical Code (IMC), 2018 Edition with 2020 Georgia State Amendments." F. Oct. 30, 2019; eff. Jan. 1, 2020, as specified by the Agency.
• Amended: New title "International Mechanical Code (IMC), 2018 Edition with 2020 and 2024 Georgia State Amendments." F. Oct. 11, 2023; eff. Jan. 1, 2024, as specified by the Agency.
• Amended: New title "International Mechanical Code (IMC), 2024 Edition with 2026 Georgia State Amendments." F. Dec. 2, 2025; eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.28 International Fuel Gas Code (IFGC), 2024 Edition with 2026 Georgia State Amendments

GEORGIA STATE MINIMUM STANDARD GAS CODE (INTERNATIONAL FUEL GAS CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL FUEL GAS CODE, 2024 Edition, published by the International Code Council, when used in conjunction with these and any other Georgia State Amendments to the INTERNATIONAL FUEL GAS CODE, 2024 Edition, shall constitute the official Georgia State Minimum Standard Gas Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a)

Replace all references to the ICC

Electrical Code

with references to the

Georgia State Minimum Standard Electrical Code

(

National Electrical Code with Georgia State Amendments

).

*Revise the International Fuel Gas Code, 2024 Edition, to read as follows:

CHAPTER 1

SCOPE AND ADMINISTRATION

*Delete Chapter 1 'Scope and Administration' without substitution. Chapter 1 to remain in the Code as a reference and guide for local governments to use in development of their own Administrative Procedures.

(Effective January 1, 2026)

CHAPTER 2

DEFINITIONS

SECTION 202 (IFGC)

GENERAL DEFINITIONS

*Delete the following definitions from Section 202 'General Definitions' without substitution:

[P] THIRD-PARTY CERTIFICATION AGENCY.

[P] THIRD-PARTY CERTIFIED.

[P] THIRD-PARTY TESTED.

(Effective January 1, 2026)

CHAPTER 3

GENERAL REGULATIONS

SECTION 300 (IFGC)

GENERAL APPLICABILITY STANDARDS

*Add new Section 300 (IFGC) 'GENERAL APPLICABILITY STANDARDS' to read as follows:

300.1

Scope.

This code shall apply to the installation of fuel-gas

piping

systems, fuel gas appliances, gaseous hydrogen systems and related accessories in accordance with Sections 300.1.1 through 300.1.5.

Exception: Detached one- and two-family dwellings and townhouses separated by a 2-hour fire-resistance-rated wall assembly, not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Georgia State Minimum Standard One- and Two-Family Dwelling Code (International Residential Code for One- and Two- Family Dwellings with Georgia State Amendments)

300.1.1 Gaseous hydrogen systems. Gaseous hydrogen systems shall be regulated by Chapter 7.

300.1.2 Piping systems. These regulations cover piping systems for natural gas with an operating pressure of 125 pounds per square inch gauge (psig) (862 kPa gauge) or less, and for LP-gas with an operating pressure of 20 psig (140 kPa gauge) or less, except as provided in Section 402.7. Coverage shall extend from the point of delivery to the outlet of the appliance shutoff valves. Piping system requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation and maintenance.

300.1.3 Gas appliances. Requirements for gas appliances and related accessories shall include installation, combustion and ventilation air and venting and connections to piping systems.

300.1.4

Systems, appliances and equipment outside the scope.

This code shall not apply to the following:

1. Portable LP-gas appliances and equipment of all types that is not connected to a fixed fuel piping system.

2. Installation of farm appliances and equipment such as brooders, dehydrators, dryers and irrigation equipment .

3. Raw material (feedstock) applications except for piping to special atmosphere generators.

4. Oxygen-fuel gas cutting and welding systems.

5. Industrial gas applications using gases such as acetylene and acetylenic compounds, hydrogen, ammonia, carbon monoxide, oxygen and nitrogen.

6. Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms and natural gas processing plants.

7. Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by, or used in, chemical reactions.

8. LP-gas installations at utility gas plants.

9. Liquefied natural gas (LNG) installations.

10. Fuel gas piping in power and atomic energy plants.

11. Proprietary items of equipment , apparatus or instruments such as gas-generating sets, compressors and calorimeters.

12. LP-gas equipment for vaporization, gas mixing and gas manufacturing.

13. Temporary LP-gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.

14. Installation of LP-gas systems for railroad switch heating.

15. Installation of hydrogen gas, LP-gas and compressed natural gas (CNG) systems on vehicles.

16. Except as provided in Section 401.1.1, gas piping , meters, gas pressure regulators and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-gas.

17. Building design and construction, except as specified herein.

18. Piping systems for mixtures of gas and air within the flammable range with an operating pressure greater than 10 psig (69 kPa gauge).

19. Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.

300.1.5 Other fuels. The requirements for the design, installation, maintenance, alteration and inspection of mechanical systems operating with fuels other than fuel gas shall be regulated by the International Mechanical Code .

300.2 Appendices. Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the Authority Having Jurisdiction.

300.3 Purpose. The purpose of this code is to establish minimum requirements to provide a reasonable level of safety, health, property protection and general welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of fuel gas equipment or systems.

300.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (Effective January 1, 2026) CHAPTER 4 GAS PIPING INSTALLATIONS SECTION 404 (IFGC) PIPING SYSTEM INSTALLATION *Delete Section 404.6 'Underground penetrations prohibited' and substitute to read as follows:

404.6 Piping through foundation wall. Underground piping where installed below grade through the foundation or basement wall of a building, shall be encased in a protective pipe sleeve. The annular space between the gas piping and the sleeve shall be sealed. (Effective January 1, 2026) *Revise Section 404.7.1 'Piping through holes or notches' to read as follows:

404.7.1 Piping through holes or notches. Where piping is installed through holes or notches in framing members and the piping is located less than 1 1/2 inches (38 mm) from the framing member face to which wall, ceiling or floor membranes will be attached, the pipe shall be protected by shield plates that cover the width of the pipe and the framing member. Where the framing member that the piping passes through is a bottom plate, bottom track, top plate or top track, the shield plates shall cover the framing member and extend not less than 4 inches (102 mm) above the bottom framing member and not less than 4 inches (102 mm) below the top framing member. (Effective January 1, 2026) *Delete Section 404.7.2 'Piping installed in other locations' without substitution. (Effective January 1, 2026) *Delete Section 404.11.1 'Galvanizing' without substitution. (Effective January 1, 2026) SECTION 409 (IFGC) SHUTOFF VALVES *Add new Section 409.2.1 'System shutoff valve' to read as follows:

409.2.1

System shutoff valve.

Where the point of delivery is the outlet of the service meter assembly, or the outlet of the service regulator, a system shutoff valve shall be installed in accordance with the following:

1. The system shutoff valve shall be installed downstream in the piping as close as practical to the point of delivery.

2. The system shutoff valve shall not be located indoors.

3. The system shutoff valve shall be installed in a location with ready access.

4. Where a system shutoff valve is provided after the outlet of the service meter assembly, such valve shall be considered to be downstream of the point of delivery. Such valve is considered to be part of the customer piping system. (Effective January 1, 2026) SECTION 412 (IFGC) LIQUIFIED PETROLEUM GAS MOTOR VEHICLE FUEL-DISPENSING FACILITIES *Delete Section 412 'LIQUIFIED PETROLEUM GAS MOTOR VEHICLE FUEL-DISPENSING FACILITIES' and substitute to read as follows:

412.1 General. Under Georgia law, the Rules and Regulations of the Georgia Safety Fire Commissioner's Office govern the storage, delivery and dispensing of Liquefied Petroleum Gas. Refer to the Rules and Regulations of the Georgia Safety Fire Commissioner's Office and NFPA 58 as adopted and amended for all requirements concerning liquefied petroleum gas motor vehicle fuel-dispensing facilities. (Effective January 1, 2026) SECTION 413 (IFGC) COMPRESSED NATURAL GAS MOTOR VEHICLE FUEL-DISPENSING FACILITIES *Delete Section 413 'COMPRESSED NATURAL GAS MOTOR VEHICLE FUEL-DISPENSING FACILITIES' and substitute to read as follows:

413.1 General. Under Georgia law, the Rules and Regulations of the Georgia Safety Fire Commissioner govern the storage, delivery and dispensing of compressed natural gas. Refer to the Rules and Regulations of the Georgia Safety Fire Commissioner and NFPA 52 as adopted and amended for all requirements concerning compressed natural gas motor vehicle fuel-dispensing stations. (Effective January 1, 2026) CHAPTER 6 SPECIFIC APPLIANCES SECTION 624 (IFGC) WATER HEATERS *Add new Section 624.3 'Boilers/water heaters' to read as follows:

624.3 Boilers/water heaters. The State's minimum requirements for boilers/water heaters and pressure vessels over 200,000 BTU/h (58.61 kW), 210 degrees Fahrenheit or 120 gallons capacity shall be established by O.C.G.A. Title 25, Chapter 15 and the Rules and Regulations as amended and adopted of the Georgia Safety Fire Commissioner. (Effective January 1, 2026) SECTION 631 (IFGC) BOILERS *Add new Section 631.4 'Additional regulations' to read as follows:

631.4 Additional regulations. For additional regulations regarding boilers/water heaters, see Section 624.3 (GA Amendments). (Effective January 1, 2026)

History

• Authority: O.C.G.A. § 8-2-20 et seq
• History. Original Rule entitled "International Fuel Gas Code (IFGC), 2012 Edition with 2014 Georgia State Amendments" adopted. F. Nov. 13, 2013; eff. Jan. 1, 2014, as specified by the Agency.
• Amended: New title "International Fuel Gas Code (IFGC), 2012 Edition with 2014 and 2015 Georgia State Amendments." F. Nov. 12, 2014; eff. Jan. 1, 2015, as specified by the Agency.
• Amended: New title "International Fuel Gas Code (IFGC), 2018 Edition with 2020 Georgia State Amendments." F. Oct. 30, 2019; eff. Jan. 1, 2020, as specified by the Agency.
• Amended: New title, "International Fuel Gas Code (IFGC), 2018 Edition with 2020 and 2022 Georgia State Amendments." F. Nov. 18, 2021; eff. Jan. 1, 2022, as specified by the Agency.
• Amended: New title, "International Fuel Gas Code (IFGC), 2024 Edition with 2026 Georgia State Amendments." F. Dec. 2, 2025; eff. Jan. 1, 2026, as specified by the Agency

Ga. Comp. R. & Regs. r. 110-11-1-.29 International Fire Code (IFC), 2024 Edition

THE INTERNATIONAL FIRE CODE (IFC), 2024 Edition, published by the International Code Council, shall constitute the official Georgia State Minimum Standard Fire Code.

(Effective January 1, 2026)

Note: The IFC Manual has not been published because of its size and bulk. It is available for public examination and copying at the Department of Community Affairs, 60 Executive Park South, N.E., Atlanta, Georgia.

History

• Authority: O.C.G.A. § 8-2-20 et seq
• History. Original Rule entitled "International Fire Code (IFC), 2012 Edition with 2014 Georgia State Amendments" adopted. F. Nov. 13, 2013; eff. Jan. 1, 2014, as specified by the Agency.
• Amended: New title "International Fire Code (IFC), 2018 Edition." F. Oct. 30, 2019; eff. Jan. 1, 2020, as specified by the Agency.
• Amended: New title "International Fire Code (IFC), 2024 Edition." F. Dec. 2, 2025; eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.30 International Swimming Pool and Spa Code (ISPSC), 2024 Edition with 2026 Georgia State Amendments

GEORGIA STATE MINIMUM STANDARD SWIMMING POOL AND SPA CODE (INTERNATIONAL SWIMMING POOL AND SPA CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL SWIMMING POOL AND SPA CODE, 2024 Edition, published by the International Code Council, when used in conjunction with these and any other Georgia State Amendments to the INTERNATIONAL SWIMMING POOL AND SPA CODE, 2024 EDITION, shall constitute the official Georgia State Minimum Standard Swimming Pool and Spa Code.

GEORGIA STATE MINIMUM

REQUIREMENTS FOR PUBLIC SWIMMING POOLS

The State's minimum requirements for public swimming pools shall be in accordance with O.C.G.A. 31-45-13 and the Rules and Regulations of the Georgia Department of Public Health and this code. Contact the County Health Department for any local rules and regulations governing public swimming pools in effect on or after December 31, 2000.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

(a)

Replace all references to the ICC

Electrical Code

with references to the

Georgia State Minimum Standard Electrical Code

(

National Electrical Code with Georgia State Amendments

).

*Revise the International Swimming Pool and Spa Code, 2024 Edition, as follows:

CHAPTER 1

SCOPE AND ADMINISTRATION

*Delete Chapter 1 'Scope and Administration' entirely without substitution. Chapter 1 to remain in the Code as a reference and guide for local governments to use in the development of their own Administrative Procedures.

(Effective January 1, 2026)

CHAPTER 3

GENERAL COMPLIANCE

*Revise Chapter 3 'General Compliance' to add a new Section 300 'Scope' to read as follows:

SECTION 300

SCOPE

[A] 300.1

Scope.

The provisions of this code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools and spas. The pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading.

300.1.1 Flotation tanks. Flotation tank systems intended for sensory deprivation therapy shall not be included in the scope of this code.

[A] 300.2 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

[A] 300.3 Existing installations. Any pool or spa and related mechanical, electrical and plumbing systems lawfully in existence at the time of the adoption of this code shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property is created.

[A] 300.4 Maintenance. Pools and spas and related mechanical, electrical and plumbing systems, both existing and new, and parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. Devices or safeguards that are required by this code shall be maintained in compliance with the edition of the code under which they were installed. The owner or the owner's authorized agent shall be responsible for maintenance of systems. To determine compliance with this provision, the code official shall have the authority to require any system to be reinspected.

[A] 300.5 Additions, alterations or repairs. Additions, alterations , renovations or repairs to any pool, spa or related system shall conform to that required for a new system without requiring the existing system to comply with all the requirements of this code. Additions, alterations or repairs shall not cause an existing system to become unsafe, insanitary or overloaded. Minor additions, alterations, renovations and repairs to existing systems shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved.

[A] 300.6 Historic buildings . The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of pools, spas or systems shall not be mandatory for existing pools, spas or systems identified and classified by the state or local jurisdiction as part of a historic structure where such pools, spas or systems are judged by the code official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of such pool or spa.

[A] 300.7 Moved pools and spas. Except as determined by Section [A] 300.3, systems that are a part of a pool, spa or system moved into or within the jurisdiction shall comply with the provisions of this code for new installations.

[A] 300.8

Referenced codes and standards.

The codes and standards referenced in this code shall be those that are listed in Chapter 11 and such codes and standards shall be considered as to be part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements.

[A] 300.8.1 Application of the International Codes. Where the International Residential Code is referenced in this code, the provisions of the International Residential Code shall apply to related systems in detached one- and two-family dwellings and townhouses not more than three stories in height. Other related systems shall comply with the applicable International Code or referenced standard.

[A] 300.9 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed system, or for the public safety, health and general welfare, not specifically covered by this code shall be determined by the code official.

[A] 300.10 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.

[A] 300.11 Application of references. Reference to chapter section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. (Effective January 1, 2026) SECTION 302 ELECTRICAL, PLUMBING, MECHANICAL AND FUEL GAS REQUIREMENTS *Delete Section 302.3.1 'Suction outlet fitting assembly sumps' entirely without substitution. (Effective January 1, 2026) SECTION 305 BARRIER REQUIREMENTS *Revise Section 305.1.1 'Construction fencing required' to read as follows:

305.1.1 Permanent barrier. Pools and spas not provided with a safety cover per 305.1 shall have a complete and permanent barrier that complies with 305.2 before being filled with water and placed into operation. (Effective January 1, 2026) *Revise Section 305.3.3 'Latch release' to read as follows:

305.3.3

Latch release.

For doors and gates in barriers, the door and gate latch release mechanism shall be in accordance with the following:

Where door and gate latch release mechanisms are accessed from the outside of the barrier and are not the self-locking type, such mechanism shall be located above the finished floor or ground surface in accordance with the following

1.1 At public pools and spas, not less than 54 inches (1372 mm).

1.2 At residential pools and spas, not less than 54 inches (1372 mm). (Effective January 1, 2026) CHAPTER 6 AQUATIC RECREATION FACILITIES SECTION 609 DRESSING AND SANITARY FACILITIES *Revise Section 609.1 'General' to read as follows:

609.1 General. Dressing and sanitary facilities shall be provided in accordance with Sections 609.2 through 609.9. (Effective January 1, 2026) *Revise Section 609.2 'Number of fixtures' to read as follows:

609.2

Number of fixtures.

The minimum number of required water closets, urinals, lavatory fixtures, dressing facilities and cleansing showers shall be provided in accordance with Sections 609.2.1 or 609.2.2. Rinse showers shall be provided in accordance with Section 609.3.

(Effective January 1, 2026)

*Revise Section 609.2.1 'Water area less than 7500 square feet' to read as follows:

609.2.1 Water area less than 7500 square feet. Facilities that have less than 7500 gross square feet (697 m 2 ) of water area available for bather access shall have dressing facilities and not less than one water closet for males, one urinal for males, one lavatory for males, one cleansing shower for males, two water closets for females, one lavatory for females and one cleansing shower for females. Exception: The requirement for dressing facilities and cleansing showers shall not apply to Class C semipublic pools. (Effective January 1, 2026) *Revise Section 609.2.2 'Water area 7500 square feet or more' to read as follows:

609.2.2 Water area 7500 square feet or more. Facilities that have 7500 gross square feet (697 m 2 ) or more of water area available for bather access shall have dressing facilities and not less than 0.7 water closet for males, one urinal for males, 0.85 lavatory for males, one cleansing shower for males, two water closets for females, one lavatory for females and one cleansing shower for females for every 7500 square feet (697 m 2 ) or portion thereof. Where the result of the fixture calculation is a portion of a whole number, the result shall be rounded up to the nearest whole number. (Effective January 1, 2026) CHAPTER 7 ONGROUND STORABLE RESIDENTIAL SWIMMING POOLS SECTION 702 LADDERS AND STAIRS *Delete Figure 702.2 'TYPICAL A-FRAME LADDER, TYPES A AND B' and last sentence of Section 702.2 'Type A and Type B ladders' without substitution. (Effective January 1, 2026)

History

• Authority: O.C.G.A. § 8-2-20 et seq
• History. Original Rule entitled "International Swimming Pool and Spa Code (ISPSC), 2012 Edition with 2014 Georgia State Amendments" adopted. F. Nov. 13, 2013; eff. Jan. 1, 2014, as specified by the Agency.
• Amended: Effective January 1, 2014 as the Permissive Georgia State Minimum Standard Swimming Pool and Spa Code, amended as the Mandatory Georgia State Minimum Standard Swimming Pool and Spa Code effective January 1, 2017. F. Nov. 17, 2016; eff. Jan. 1, 2017, as specified by the Agency.
• Amended: New title "International Swimming Pool and Spa Code (ISPSC), 2018 Edition with 2020 Georgia State Amendments." F. Oct. 30, 2019; eff. Jan. 1, 2020, as specified by the Agency.
• Amended: New title "International Swimming Pool and Spa Code (ISPSC), 2024 Edition with 2026 Georgia State Amendments." F. Dec. 2, 2025; eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.31 National Electrical Code (NEC), 2023 Edition with 2026 Georgia Amendments

GEORGIA STATE MINIMUM STANDARD ELECTRICAL CODE (NATIONAL ELECTRICAL CODE WITH GEORGIA STATE AMENDMENTS)

The NATIONAL ELECTRICAL CODE, 2023 Edition, published by the National Fire Protection Association, when used in conjunction with these and any other Georgia State Amendments to the NATIONAL ELECTRICAL CODE, 2023 Edition, shall constitute the official Georgia State Minimum Standard Electrical Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for heating and air conditioning equipment.

c) Replace all references to "Accessibility" with a cross-reference to Title 30, Chapter 3 of the Official Code of Georgia Annotated (O.C.G.A.) and the Rules and Regulations of the Georgia Safety Fire Commissioner.

d)

The following table titled 'Codes Reference Guide' establishes specific primary and supplementary code applications and is to be applied by the authority having jurisdiction.

CODES REFERENCE GUIDE

Area

Primary

Supplement

Occupancy Classification

LSC

IBC

Building Construction Types including allowable height, allowable building areas, and the requirements for sprinkler protection related to minimum building construction types.

IBC

LSC

Means of Egress

LSC

NONE

Standpipes

IBC

IFC

Interior Finish

LSC

NONE

HVAC Systems

IMC

NONE

Vertical Openings

LSC

NONE

Sprinkler Systems minimum construction standard

LSC

NONE

Fire Alarm Systems

LSC

NONE

Smoke Alarms and Smoke

Detection Systems

State Statute and LSC

NONE

Portable Fire Extinguishers

IFC

NONE

Cooking Equipment

LSC and NFPA 96

NONE

Fuel Fired Appliances

IFGC

NFPA 54

Liquid Petroleum Gas

NFPA 58

NFPA 54

Compressed Natural Gas

NFPA 52

NONE

*Revise the National Electrical Code, 2023 Edition, as follows:

CHAPTER 1

GENERAL

ARTICLE 100

DEFINITIONS

*Add new Definition 'Townhouse (Row House)' to read as follows:

Dwelling, One-Family. (One-Family Dwelling) A building that consists solely of one dwelling unit.

TOWNHOUSE (ROW HOUSE). A single-family dwelling unit constructed in a group of three or more attached units. Each unit extends from foundation to roof, not more than three stories in height, with a separate means of egress, and with an open space/yard or public way on at least two sides. Each townhouse shall be considered a separate building with independent exterior walls and shall be separated by a 2-hour fire-resistance-rated wall assembly.

(Effective January 1, 2026)

CHAPTER 2

WIRING AND PROTECTION

ARTICLE 210

BRANCH CIRCUITS NOT OVER 1000 VOLTS AC, 1500 VOLTS DC, NOMINAL

*Revise Article 210.8(A) 'Dwelling Units' to read as follows:

210.8(A)

Dwelling Units.

All 125-volt through 250-volt receptacles installed in the locations and supplied by single-phase branch circuits rated 150 volts or less to ground shall have ground-fault circuit-interrupter protection for personnel.

(1) Bathrooms

(2) Garages and also accessory buildings that have a floor located at or below grade level not intended as habitable rooms and limited to storage areas, work areas, and areas of similar use

(3) Outdoors

(4) Crawl spaces - at or below grade level

(5) Basements

(6) Kitchens - where the receptacles are installed to serve the countertop surfaces

(7) Sinks - where receptacles are installed within 1.8 m (6 ft) from the top inside edge of the bowl of the sink

(8) Boathouses

(9) Bathtubs or shower stalls - where receptacles are installed within 1.8 m (6 ft) of the outside edge of the bathtub or shower stall

(10) Laundry areas

(11) Indoor damp and wet locations [The exceptions remain unchanged.] (Effective January 1, 2026) *Revise Article 210.8(D) 'Specific Appliances' to read as follows:

210.8(D)

Specific Appliances.

GFCI protection shall be provided for the branch circuit or outlet supplying the following appliances rated 150 volts or less to ground and 60 amperes or less, single- or 3-phase:

(1) Automotive vacuum machines

(2) Drinking water coolers and bottle fill stations

(3) High-pressure spray washing machines

(4) Tire inflation machines

(5) Vending machines

(6) Sump pumps

(7) Dishwashers (Effective January 1, 2026) *Revise Article 210.8(F) 'Outdoor Outlets' to read as follows:

210.8(F)

Outdoor Outlets.

For dwellings, all outdoor outlets, other than those covered in 210.8(A), Exception No. 1, including outlets installed in the following locations, and supplied by single-phase branch circuits rated 150 volts or less to ground, 50 amperes or less, shall be provided with GFCI protection:

(1) Garages that have floors located at or below grade level

(2) Accessory buildings

(3) Boathouses If equipment supplied by an outlet covered under the requirements of this section is replaced, the outlet shall be supplied with GFCI protection. Exception No. 1: GFCI protection shall not be required on lighting outlets other than those covered in 210.8(C). Exception No. 2: GFCI protection shall not be required for listed HVAC equipment. (Effective January 1, 2026) *Revise Article 210.12(B) 'Dwelling Units' to read as follows:

210.12(B)

Dwelling Units.

All 120 volt, single-phase, 10-,15-, and 20-ampere branch circuits supplying outlets or devices installed in the following locations shall be protected by any of the means described in 210.12(A)(1) through (A)(6):

(1) Family rooms

(2) Dining rooms

(3) Living rooms

(4) Parlors

(5) Libraries

(6) Dens

(7) Bedrooms

(8) Sunrooms

(9) Recreation rooms

(10) Closets

(11) Hallways

(12) Similar areas [The exceptions remain unchanged.] (Effective January 1, 2026) *Revise Article 210.52(C)(2) 'Island and Peninsular Countertops and Work Services' to read as follows:

210.52(C)(2) Island and Peninsular Countertops and Work Surfaces. At least one receptacle shall be installed at each island and peninsular countertop space with a long dimension of 600 mm (24 in.) or greater and a short dimension of 300 mm (12 in.) or greater. A peninsular countertop is measured from the connected perpendicular wall. (Effective January 1, 2026) *Revise Article 210.52(C)(3) 'Receptacle Outlet Location' to add new exception to read as follows:

210.52(C)(3)

Receptacle Outlet Location.

Receptacle outlets shall be located in one or more of the following:

(1) On or above, but not more than 500 mm (20 in.) above, a countertop or work surface

(2) In a countertop using receptacle outlet assemblies listed for use in countertops

(3) In a work surface using receptacle outlet assemblies listed for use in work surfaces or listed for use in countertops Receptacle outlets rendered not readily accessible by appliances fastened in place, appliance garages, sinks, or rangetops as covered in 210.52(C)(1), Exception No. 1, or appliances occupying assigned spaces shall not be considered as these required outlets.

Exception: To comply with the following conditions (1) and (2), receptacle outlets shall be permitted to be mounted not more than 300 mm (12 in.) below the countertop or work surface. Receptacles mounted below a countertop or work surface in accordance with this exception shall not be located where the countertop or work surface extends more than 150 mm (6 in.) beyond its support base.

(1) Construction for the physically impaired

(2) On island and peninsular countertops or work surface where the surface is flat across its entire surface (no backsplashes, dividers, etc.) and there are no means to mount a receptacle within 500 mm (20 in.) above the countertop or work surface, such as an overhead cabinet Informational Note No. 1: See 406.5(E) for installation of receptacles in countertops and 406.5(F) for installation of receptacles in work surfaces. See 380.10 for installation of multioutlet assemblies. Informational Note No. 2: See Informative Annex J and ANSI/ICC A117.1-2009, Standard on Accessible and Usable Buildings and Facilities, for additional information. (Effective January 1, 2026) ARTICLE 215 FEEDERS *Revise Article 215.18 (A) 'Surge-Protective Device' to add new exception to read as follows:

215.18(A)

Surge-Protective Device.

Where a feeder supplies any of the following, a surge-protective device (SPD) shall be installed:

(1) Dwelling units

(2) Dormitory units

(3) Guest rooms and guest suites of hotels and motels

(4) Areas of nursing homes and limited-care facilities used exclusively as patient sleeping rooms Exception: One- and two-family dwellings are exempt. (Effective January 1, 2026) ARTICLE 225 OUTSIDE BRANCH CIRCUITS AND FEEDERS *Revise Article 225.42 (A) 'Surge-Protective Device' to add new exception to read as follows:

225.42(A)

Surge-Protective Device.

Where a feeder supplies any of the following, a surge-protective device (SPD) shall be installed:

(1) Dwelling units

(2) Dormitory units

(3) Guest rooms and guest suites of hotels and motels

(4) Areas of nursing homes and limited-care facilities used exclusively as patient sleeping rooms Exception: One- and two-family dwellings are exempt. (Effective January 1, 2026) ARTICLE 230 SERVICES *Revise Article 230.67 (A) 'Surge-Protective Device' to add new exception to read as follows:

230.67(A)

Surge-Protective Device.

All services supplying the following occupancies shall be provided with a surge-protective device (SPD):

(1) Dwelling units

(2) Dormitory units

(3) Guest rooms and guest suites of hotels and motels

(4) Areas of nursing homes and limited-care facilities used exclusively as patient sleeping rooms Exception: One- and two-family dwellings are exempt. (Effective January 1, 2026) CHAPTER 5 SPECIAL OCCUPANCIES ARTICLE 517 HEALTH CARE FACILITIES *Delete Exception to Article 517.40 (A) 'Applicability' (Effective January 1, 2027) *Add new Article 517.45 (F) 'Assisted Living Community, Nursing Homes and Long-Term Care Facilities' to read as follows:

517.45(F) Assisted Living Community, Nursing Homes and Long-Term Care Facilities. All Category 3 Assisted Living Community, Nursing Homes and Long-Term Care Facilities licensed by the Department of Community Health shall be served by an essential electrical distribution system in accordance with 517.40 through 517.45. The required life safety and equipment branches shall be arranged for either delayed-automatic or manual connection to the alternate power source. The heating and cooling systems supplying these spaces shall be connected to the equipment branch of the essential electrical distribution system. (Effective January 1, 2027)

History

• Authority: O.C.G.A. § 8-2-20 et seq
• History. Original Rule entitled "National Electrical Code (NEC), 2014 Edition" adopted. F. Nov. 12, 2014; eff. Jan. 1, 2015, as specified by the Agency.
• Amended: New title "National Electrical Code (NEC), 2017 Edition." F. Nov. 21, 2017; eff. Jan. 1, 2018, as specified by the Agency.
• Amended: New title "National Electrical Code (NEC), 2020 Edition." F. Nov. 20, 2020; eff. Jan. 1, 2021, as specified by the Agency.
• Amended: New title "National Electrical Code (NEC), 2020 Edition with 2021 Georgia State Amendments." F. Aug. 11, 2021; eff. Sept. 1, 2021, as specified by the Agency.
• Amended: New title, "National Electrical Code (NEC), 2023 Edition." F. Nov. 21, 2024; eff. Jan. 1, 2025, as specified by the Agency.
• Amended: New title, "National Electrical Code (NEC), 2023 Edition with 2026 Georgia Amendments." F. Dec. 2, 2025; eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.32 International Property Maintenance Code (IPMC), 2018 Edition with 2021 Georgia State Amendments

Georgia State Amendments to the International Property Maintenance Code (2018 Edition) Georgia Department of Community Affairs Community Development Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.ga.gov Revised January 1, 2021

GEORGIA STATE MINIMUM STANDARD PROPERTY MAINTENANCE CODE (INTERNATIONAL PROPERTY MAINTENANCE CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL PROPERTY MAINTENANCE Code, 2018 Edition, published by the International Code Council, when used in conjunction with these and any other Georgia State Amendments to the INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 Edition, shall constitute the official Georgia State Minimum Standard Property Maintenance Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code ( National Electrical Code with Georgia State Amendments ).

b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for heating and air conditioning equipment.

c) Replace all references to "Accessibility" with a cross-reference to Title 30, Chapter 3 of the Official Code of Georgia Annotated (O.C.G.A.) and the Rules and Regulations of the Georgia Safety Fire Commissioner.

d)

The following table titled 'Codes Reference Guide' establishes specific primary and supplementary code applications and is to be applied by the authority having jurisdiction.

CODES REFERENCE GUIDE

Area

Primary

Supplement

Occupancy Classification

LSC

IBC

Building Construction Types including allowable height, allowable building areas, and the requirements for sprinkler protection related to minimum building construction types.

IBC

LSC

Means of Egress

LSC

NONE

Standpipes

IBC

IFC

Interior Finish

LSC

NONE

HVAC Systems

IMC

NONE

Vertical Openings

LSC

NONE

Sprinkler Systems minimum construction standard

LSC

NONE

Fire Alarm Systems

LSC

NONE

Smoke Alarms and Smoke Detection Systems

State Statute and LSC

NONE

Portable Fire Extinguishers

IFC

NONE

Cooking Equipment

LSC and NFPA 96

NONE

Fuel Fired Appliances

IFGC

NFPA 54

Liquid Petroleum Gas

NFPA 58

NFPA 54

Compressed Natural Gas

NFPA 52

NONE

*Revise the International Property Maintenance Code, 2018 Edition, as follows:

CHAPTER 4

LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS

SECTION 402

LIGHT

• Revise Section 402.2 'Common Halls and Stairways' to read as follows:

402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with not less than a 6 to 8-watt LED, or equivalent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, . ..

(Effective January 1, 2021)

CHAPTER 5

PLUMBING FACILITIES AND FIXTURE REQUIREMENTS

SECTION 503

TOILET ROOMS

• Revise Section 503.3 'Location of employee toilet facilities' to renumber exception and add exception as follows:

Exceptions:

1. (Left unchanged)

2. The location and maximum travel distances to required employee toilet facilities in factory, storage and industrial occupancies are permitted to exceed that required by this section, provided that the location and maximum travel distance are approved.

(Effective January 1, 2021)

CHAPTER 6

MECHANICAL AND ELECTRICAL REQUIREMENTS

SECTION 606

ELEVATORS, ESCALATORS AND DUMBWAITERS

*Delete Section 606.1 'General' in its entirety and substitute the following:

606.1 General. Elevators, dumbwaiters and escalators shall comply with the Rules and Regulations of the Georgia Safety Fire Commissioner.

(Effective January 1, 2021)

End of Amendments.

History

• Authority: O.C.G.A. § 8-2-20 et seq
• History. Original Rule entitled "International Property Maintenance Code (IPMC), 2012 Edition with 2015 Georgia State Amendments" adopted. F. Nov. 12, 2014; eff. Jan. 1, 2015, as specified by the Agency.
• Amended: New title "International Property Maintenance Code (IPMC), 2018 Edition with 2021 Georgia State Amendments." F. Nov. 20, 2020; eff. Jan. 1, 2021, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.33 International Existing Building Code (IEBC), 2018 Edition with 2021 Georgia State Amendments

Georgia State Amendments to the International Existing Building Code (2018 Edition) Georgia Department of Community Affairs Community Development Division 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 (404) 679-3118 www.dca.ga.gov Revised January 1, 2021

GEORGIA STATE MINIMUM STANDARD EXISTING BUILDING CODE (INTERNATIONAL EXISTING BUILDING CODE WITH GEORGIA STATE AMENDMENTS)

The INTERNATIONAL EXISTING BUILDING Code, 2018 Edition, published by the International Code Council, when used in conjunction with these and any other Georgia State Amendments to the INTERNATIONAL EXISTING BUILDING CODE, 2018 Edition, shall constitute the official Georgia State Minimum Standard Existing Building Code.

GEORGIA STATE AMENDMENTS

CODE REFERENCE:

a) Replace all references to the ICC Electrical Code with references to the Georgia State Minimum Standard Electrical Code (National Electrical Code with Georgia State Amendments).

b) Replace all references to the International Energy Conservation Code (IECC) with references to the Georgia State Minimum Standard Energy Code (IECC with Georgia State Supplements and Amendments). The Georgia State Minimum Standard Energy Code shall be used for heating and air conditioning equipment.

c) Replace all references to "Accessibility" with a cross-reference to Title 30, Chapter 3 of the Official Code of Georgia Annotated (O.C.G.A.) and the Rules and Regulations of the Georgia Safety Fire Commissioner.

d)

The following table titled 'Codes Reference Guide' establishes specific primary and supplementary code applications and is to be applied by the authority having jurisdiction.

CODES REFERENCE GUIDE

Area

Primary

Supplement

Occupancy Classification

LSC

IBC

Building Construction Types including allowable height, allowable building areas, and the requirements for sprinkler protection related to minimum building construction types.

IBC

LSC

Means of Egress

LSC

NONE

Standpipes

IBC

IFC

Interior Finish

LSC

NONE

HVAC Systems

IMC

NONE

Vertical Openings

LSC

NONE

Sprinkler Systems minimum construction standard

LSC

NONE

Fire Alarm Systems

LSC

NONE

Smoke Alarms and Smoke Detection Systems

State Statute and LSC

NONE

Portable Fire Extinguishers

IFC

NONE

Cooking Equipment

LSC and NFPA 96

NONE

Fuel Fired Appliances

IFGC

NFPA 54

Liquid Petroleum Gas

NFPA 58

NFPA 54

Compressed Natural Gas

NFPA 52

NONE

RESOURCES:

Resource A is only a guideline and is not intended to be a document for specific adoption as it is not written in the format or language of ICC's International Codes and is not subject to the code development process.

*Revise the International Existing Building Code, 2018 Edition, as follows:

CHAPTER 3

PROVISIONS FOR ALL COMPLIANCE METHODS

SECTION 301

ADMINISTRATION

*Revise 301.3 Alteration, addition or change of occupancy to renumber exception add two exceptions as follows:

301.3 Alteration, addition or change of occupancy.

Exception 1: (no change)

Exception 2: Plumbing fixtures in existing multi-story buildings that are and will remain a B-Business occupancy shall be considered in compliance with the provisions of this code when it is technically infeasible to add fixtures required by present-day occupancy count calculations due to space or cost.

Exception 3: Where existing buildings, core plumbing and other existing base building features cannot accommodate new tenant occupancy calculations, occupancy limit signage must be placed in common areas to indicate the occupancy limit of that specific area or the entry and exit points for the entire tenant area.

(Effective January 1, 2021)

CHAPTER 4

REPAIRS

SECTION 408

PLUMBING

*Revise 408.2 Water closet replacement to read as follows:

408.2 Water closet replacement

The maximum water consumption flow rates and quantities for all replaced water closets shall be 1.28 gallons (4.84L) per flushing cycle.

(Effective January 1, 2021)

CHAPTER 7

ALTERATIONS-LEVEL 1

SECTION 702

BUILDING ELEMENTS AND MATERIALS

*Revise [FG] 702.6.1 International Fuel Gas Code #2 to read as follows and delete 2.1 entirely:

[FG] 702.6.1 International Fuel Gas Code.

#2 Chapter 4, entitled "Gas Piping Installations".

(Effective January 1, 2021)

CHAPTER 12

HISTORIC BUILDINGS

SECTION 1201

GENERAL

*Revise Section 1201.1 'Scope' to add sentence at end of section to read as follows:

1201.1 Scope.

. . . and change of occupancy. The Georgia Department of Natural Resources, Historic Preservation Office may be contacted for additional resources.

(Effective January 1, 2021)

End of Amendments.

History

• Authority: O.C.G.A. § 8-2-20et seq
• History. Original Rule entitled "International Existing Building Code (IEBC), 2012 Edition with 2015 Georgia State Amendments" adopted. F. Nov. 12, 2014; eff. Jan. 1, 2015, as specified by the Agency.
• Amended: New title "International Existing Building Code (IEBC), 2018 Edition with 2021 Georgia State Amendments." F. Nov. 20, 2020; eff. Jan. 1, 2021, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-11-1-.34 International Energy Conservation Code (IECC), 2015 Edition with 2020, 2022, 2022 Additional and 2023 Georgia State Amendments

GEORGIA STATE MINIMUM STANDARD ENERGY CODE

(INTERNATIONAL ENERGY CONSERVATION CODE WITH GEORGIA STATE SUPPLEMENTS AND AMENDMENTS)

The INTERNATIONAL ENERGY CONSERVATION CODE, 2015 Edition, published by the International Code Council, when used in conjunction with these Georgia State Supplements, Amendments and any other Georgia State Amendments, shall constitute the official Georgia State Minimum Standard Energy Code.

GEORGIA STATE SUPPLEMENTS AND AMENDMENTS

SCOPE:

Each chapter of these Georgia State Supplements and Amendments corresponds with a chapter of the International Energy Conservation Code (IECC).

Commercial Provisions

Chapter 1: Scope and Administration Chapter 2: Definitions Chapter 3: General Requirements Chapter 4: Commercial Energy EfficiencyCompliance Pathways for Commercial and High-Rise Residential Construction: Any of those delineated in this chapter; or

COMcheck

1

Chapter 5: Existing Buildings Chapter 6: Referenced Standards

Residential Provisions

Chapter 1: Scope and AdministrationChapter 2: DefinitionsChapter 3: General RequirementsChapter 4: Residential Energy EfficiencyCompliance Pathways for Low-Rise Residential Construction:Any of those delineated in this chapter; or

REScheck

1

Chapter 5: Existing BuildingsChapter 6: Referenced StandardsAppendices RA, RB, RC and RDThroughout the appendices, there is information that may be helpful in meeting and understanding the

Georgia State Minimum Standard Energy Code.

In cases of conflict, refer to the

IECC

for clarification.

REScheck

and

COMcheck

are computer programs developed by Pacific Northwest National Laboratories for the U.S. Department of Energy (D.O.E.) to assist in demonstration of compliance with the

IECC

. They may be obtained free of charge from the D.O.E. online at

www.energycodes.gov

. When following the REScheck compliance pathway, select the 2015 IECC as the code version. When following the COMcheck compliance pathway, select either IECC 2015 or ASHRAE/IESNA Standard 90.1-2013.

The 'Mandatory' requirements of the IECC apply to all compliance methods.

Where these Georgia State Supplements and Amendments conflict with either the IECC or ANSI/ASHRAE/IES Standard 90.1, these Georgia State Supplements and Amendments shall take precedence.

Air infiltration accounts for substantial heat loss, heat gain and moisture migration in a building. Proper sealing around all doors, windows and other envelope penetrations through the walls, ceiling and foundation is as important to code compliance as are proper insulation R-values and component U-factors.

It is not the intention of this code to abridge safety or health. Where the IECC and these Georgia State Supplements and Amendments conflict with other mandatory State Minimum Standard Codes, the IECC and these Georgia State Supplements and Amendments shall be enforced as written, provided that safety, health or environmental requirements of other mandatory State Minimum Standard Codes are not abridged.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

This space intentionally left blank

RESIDENTIAL PROVISIONS

IMPORTANT NOTE:

Where required by Georgia State Minimum Standard Energy Code, R6 Flexible Duct combined with an approved continuous Radiant Barrier as part of the roof assembly may be substituted for the required R8 Flexible Duct.

The use of this substitution will be valid until June 30, 2023 at the discretion of the authority having jurisdiction. (Effective September 1, 2022).

CHAPTER 4

[RE] RESIDENTIAL ENERGY EFFICIENCY

SECTION R402 BUILDING

THERMAL ENVELOPE

• Revise Table 402.1.2 'Insulation and Fenestration Requirements by Componenta' header 'Floor R-Value' and add new footnote 'j' to read as follows:

TABLE R402.1.2 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT3

Climate Zone

Fenestration U-Factorb

SkylightbU-Factor

Glazed Fenestration SHGCb,e

Ceiling R-Value

Wood Frame Wall R-Value

Attic Kneewall R-Value1

Mass Wall R-Value

Floor R-Valuej

WallcR-Value

SlabdR-Value & Depth

Crawlc Space Wall R-Value

2

0. 35

0.65

0.27

38

13

18

4/6

13

0

0

0

3

0.35

0.55

0.27

38

13

18

8/13

19

5/13f

0

5/13

4 except marine

0.35

0.55

0.27

38

13

18

8/13

19

10/13

0

10/13

j: Cantilevered floors over outside air shall be R-30 and the band area above the supporting wall shall be blocked; penetrations of blocking shall be air sealed.

(Effective January 1, 2023)

• Revise Table 402.1.4 'Equivalent U-Factorsa' header 'Floor U-Value' and add new footnote 'd' to read as follows:

TABLE R402.1.4 EQUIVALENT U-FACTORSa

Climate Zone

Fenestration U-Factor

Skylight U-Factor

Ceiling U-Factor

Frame Wall U-Factor

Mass Wall U-Factorb

Floor U -Factord

Basement Wall U-Factor

Crawl Space Wall U-Factor

2

0.35

0.65

0.030

0.084

0.165

0.064

0.360

0.477

3

0.35

0.55

0.030

0.084

0.098

0.047

0.091c

0.136

4 except marine

0.35

0.55

0.030

0.084

0.098

0.047

0.059

0.065

d: Cantilevered floors over outside air shall be U-0.035 and the band area above the supporting wall shall be blocked; penetrations of blocking shall be air sealed.

(Effective January 1, 2023)

• Revise Underfloor Insulation in Appendix RA Georgia Insulation Installation - Passing Grade Details (p.45) to read as follows:

Underfloor insulation that makes up portions of the building thermal envelope shall be installed to Passing Grade quality.

Two criteria affect installed insulation grading: voids/ gaps (in which no insulation is present in a portion of the overall insulated surface) and compression/incomplete fill (in which the insulation does not fully fill out or extend to the desired depth). Cantilevered floors over outside air shall be R-30 and the band area above the supporting wall shall be blocked; penetrations of blocking shall be air sealed.

(Effective January 1, 2023)

GEORGIA STATE MINIMUM STANDARD ENERGY CODE

(INTERNATIONAL ENERGY CONSERVATION CODE WITH GEORGIA STATE SUPPLEMENTS AND AMENDMENTS)

The INTERNATIONAL ENERGY CONSERVATION CODE, 2015 Edition, published by the International Code Council, when used in conjunction with these Georgia State Supplements, Amendments and any other Georgia State Amendments, shall constitute the official Georgia State Minimum Standard Energy Code.

GEORGIA STATE SUPPLEMENTS AND AMENDMENTS

SCOPE:

Each chapter of these Georgia State Supplements and Amendments corresponds with a chapter of the International Energy Conservation Code (IECC).

Commercial Provisions

Chapter 1: Scope and AdministrationChapter 2: DefinitionsChapter 3: General RequirementsChapter 4: Commercial Energy EfficiencyCompliance Pathways for Commercial and High-Rise Residential Construction:Any of those delineated in this chapter; or

COMcheck

1

Chapter 5: Existing BuildingsChapter 6: Referenced Standards

Residential Provisions

Chapter 1: Scope and AdministrationChapter 2: DefinitionsChapter 3: General RequirementsChapter 4: Residential Energy EfficiencyCompliance Pathways for Low-Rise Residential Construction: Any of those delineated in this chapter; or

REScheck

1

Chapter 5: Existing BuildingsChapter 6: Referenced StandardsAppendices RA, RB, RC and RDThroughout the appendices, there is information that may be helpful in meeting and understanding the

Georgia State Minimum Standard Energy Code.

In cases of conflict, refer to the

IECC

for clarification.

1. REScheck and COMcheck are computer programs developed by Pacific Northwest National Laboratories for the U.S. Department of Energy (D.O.E.) to assist in demonstration of compliance with the IECC . They may be obtained free of charge from the D.O.E. online at www.energycodes.gov . When following the REScheck compliance pathway, select the 2015 IECC as the code version. When following the COMcheck compliance pathway, select either IECC 2015 or ASHRAE/IESNA Standard 90.1-2013. The 'Mandatory' requirements of the IECC apply to all compliance methods. Where these Georgia State Supplements and Amendments conflict with either the IECC or ANSI/ASHRAE/IES Standard 90.1, these Georgia State Supplements and Amendments shall take precedence. Air infiltration accounts for substantial heat loss, heat gain and moisture migration in a building. Proper sealing around all doors, windows and other envelope penetrations through the walls, ceiling and foundation is as important to code compliance as are proper insulation R-values and component U-factors. It is not the intention of this code to abridge safety or health. Where the IECC and these Georgia State Supplements and Amendments conflict with other mandatory State Minimum Standard Codes, the IECC and these Georgia State Supplements and Amendments shall be enforced as written, provided that safety, health or environmental requirements of other mandatory State Minimum Standard Codes are not abridged. APPENDICES: Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction. This space intentionally left blank RESIDENTIAL PROVISIONS * Add a new section "Important Note" beneath the "Residential Provisions" heading in the Georgia State Supplements and Amendments to the International Energy Conservation Code (2015 Edition) as follows: IMPORTANT NOTE: Where required by Georgia State Minimum Standard Energy Code, R6 Flexible Duct combined with an approved continuous Radiant Barrier as part of the roof assembly may be substituted for the required R8 Flexible Duct. The use of this substitution will be valid until June 30, 2023 at the discretion of the authority having jurisdiction. (Effective September 1, 2022). GEORGIA STATE MINIMUM STANDARD ENERGY CODE (INTERNATIONAL ENERGY CONSERVATION CODE WITH GEORGIA STATE SUPPLEMENTS AND AMENDMENTS) The INTERNATIONAL ENERGY CONSERVATION CODE, 2015 Edition, published by the International Code Council, when used in conjunction with these Georgia State Supplements, Amendments and any other Georgia State Amendments, shall constitute the official Georgia State Minimum Standard Energy Code. GEORGIA STATE SUPPLEMENTS AND AMENDMENTS SCOPE: Each chapter of these Georgia State Supplements and Amendments corresponds with a chapter of the International Energy Conservation Code (IECC). Commercial Provisions Chapter 1: Scope and AdministrationChapter 2: DefinitionsChapter 3: General RequirementsChapter 4: Commercial Energy EfficiencyCompliance Pathways for Commercial and High-Rise Residential Construction:Any of those delineated in this chapter; or COMcheck 1 Chapter 5: Existing BuildingsChapter 6: Referenced Standards Residential Provisions Chapter 1: Scope and AdministrationChapter 2: DefinitionsChapter 3: General RequirementsChapter 4: Residential Energy EfficiencyCompliance Pathways for Low-Rise Residential Construction:Any of those delineated in this chapter; or REScheck 1 Chapter 5: Existing BuildingsChapter 6: Referenced StandardsAppendices RA, RB, RC and RDThroughout the appendices, there is information that may be helpful in meeting and understanding the Georgia State Minimum Standard Energy Code. In cases of conflict, refer to the IECC for clarification.

REScheck

and

COMcheck

are computer programs developed by Pacific Northwest National Laboratories for the U.S. Department of Energy (D.O.E.) to assist in demonstration of compliance with the

IECC

. They may be obtained free of charge from the D.O.E. online at

www.energycodes.gov

. When following the REScheck compliance pathway, select the 2015 IECC as the code version. When following the COMcheck compliance pathway, select either IECC 2015 or ASHRAE/IESNA Standard 90.1-2013.

The 'Mandatory' requirements of the IECC apply to all compliance methods.

Where these Georgia State Supplements and Amendments conflict with either the IECC or ANSI/ASHRAE/IES Standard 90.1, these Georgia State Supplements and Amendments shall take precedence.

Air infiltration accounts for substantial heat loss, heat gain and moisture migration in a building. Proper sealing around all doors, windows and other envelope penetrations through the walls, ceiling and foundation is as important to code compliance as are proper insulation R-values and component U-factors.

It is not the intention of this code to abridge safety or health. Where the IECC and these Georgia State Supplements and Amendments conflict with other mandatory State Minimum Standard Codes, the IECC and these Georgia State Supplements and Amendments shall be enforced as written, provided that safety, health or environmental requirements of other mandatory State Minimum Standard Codes are not abridged.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

This space intentionally left blank

RESIDENTIAL PROVISIONS

CHAPTER 4 [RE] RESIDENTIAL ENERGY EFFICIENCY

SECTION R402 BUILDING THERMAL ENVELOPE

*Add new Section R402.1.2.1 'Indirectly conditioned attics' to read as follows:

R402.1.2.1

(N1102.1.2.1) Indirectly conditioned attics.

Where table N1102.1.2 (R402.1.2) requires R-38 or Table N1102.1.4 (R402.1.4) requires a U-factor of 0.030, an air impermeable insulation installed to the underside or directly above the roof deck with a U-factor of 0.05 or R-value of R-20 shall be deemed equivalent to the provisions in N1102.2.1 (R402.2.1), with the following requirements:

1. The house shall attain a blower door test result 3 ACH50

2. The house shall require a whole house mechanical ventilation system that does not solely rely on a negative pressure strategy (must be positive, balanced or hybrid)

3. Where insulation is installed below the roof deck and the exposed portion of roof rafters are not already covered by the R-20 depth of the air-impermeable insulation, the exposed portion of the roof rafters shall be wrapped (covered) by minimum R-3 unless directly covered by drywall / finished ceiling. Roof rafters are not required to be covered by minimum R-3 if a continuous insulation is installed above the roof deck.

4. Indoor heating, cooling and ventilation equipment (including ductwork) shall be inside the building thermal envelope. (Effective January 1, 2022) *Add new Section R402.2.9.1 'Rim joist insulation' to read as follows:

R402.2.9.1 Rim joist insulation. Insulation provided at the interior rim joist area shall be removable to allow access for pest control inspections. (Effective January 1, 2022) *Add new Section R402.2.11.1 'Crawl space walls part 2' to read as follows:

R402.2.11.1 Crawl space walls part 2. Insulation provided at the interior rim joist area shall be removable to allow access for pest control inspections. (Effective January 1, 2022) GEORGIA STATE MINIMUM STANDARD ENERGY CODE (INTERNATIONAL ENERGY CONSERVATION CODE WITH GEORGIA STATE SUPPLEMENTS AND AMENDMENTS) The INTERNATIONAL ENERGY CONSERVATION CODE, 2015 Edition, published by the International Code Council, when used in conjunction with these Georgia State Supplements and Amendments and any other Georgia State Amendments, shall constitute the official Georgia State Minimum Standard Energy Code. GEORGIA STATE SUPPLEMENTS AND AMENDMENTS SCOPE: Each chapter of these Georgia State Supplements and Amendments corresponds with a chapter of the International Energy Conservation Code (IECC). Commercial Provisions Chapter 1: Scope and Administration Chapter 2: Definitions Chapter 3: General Requirements Chapter 4: Commercial Energy Efficiency Compliance Pathways for Commercial and High-Rise Residential Construction: Any of those delineated in this chapter; or COMcheck 1 Chapter 5: Existing Buildings Chapter 6: Referenced Standards Residential Provisions Chapter 1: Scope and Administration Chapter 2: Definitions Chapter 3: General Requirements Chapter 4: Residential Energy Efficiency Compliance Pathways for Low-Rise Residential Construction: Any of those delineated in this chapter; or REScheck 1 Chapter 5: Existing Buildings Chapter 6: Referenced Standards Appendices RA, RB, RC and RD Throughout the appendices, there is information that may be helpful in meeting and understanding the Georgia State Minimum Standard Energy Code. In cases of conflict, refer to the IECC for clarification.

REScheck

and

COMcheck

are computer programs developed by Pacific Northwest National Laboratories for the U.S. Department of Energy (D.O.E.) to assist in demonstration of compliance with the

IECC

. They may be obtained free of charge from the D.O.E. online at

www.energycodes.gov

. When following the REScheck compliance pathway, select the 2015 IECC as the code version. When following the COMcheck compliance pathway, select either IECC 2015 or ASHRAE/IESNA Standard 90.1-2013.

The 'Mandatory' requirements of the IECC apply to all compliance methods.

Where these Georgia State Supplements and Amendments conflict with either the IECC or ANSI/ASHRAE/IES Standard 90.1, these Georgia State Supplements and Amendments shall take precedence.

Air infiltration accounts for substantial heat loss, heat gain and moisture migration in a building. Proper sealing around all doors, windows and other envelope penetrations through the walls, ceiling and foundation is as important to code compliance as are proper insulation R-values and component U-factors.

It is not the intention of this code to abridge safety or health. Where the IECC and these Georgia State Supplements and Amendments conflict with other mandatory State Minimum Standard Codes, the IECC and these Georgia State Supplements and Amendments shall be enforced as written, provided that safety, health or environmental requirements of other mandatory State Minimum Standard Codes are not abridged.

APPENDICES:

Appendices are not enforceable unless they are specifically referenced in the body of the code or adopted by the Department of Community Affairs or the authority having jurisdiction.

This space intentionally left blank.

COMMERCIAL PROVISIONS

CHAPTER 1 [CE]

SCOPE AND ADMINISTRATION

SECTION C101

SCOPE AND GENERAL REQUIREMENTS

*Delete Section C101.1 'Title' without substitution.

(Effective January 1, 2020)

*Add new Section C101.6 'Requirements for high-efficiency cooling towers' to read as follows:

C101.6

Requirements for high-efficiency cooling towers.

Cooling towers installed in new construction shall be in compliance with ANSI/ASHRAE/IES 90.1 Standard.

(Effective January 1, 2020)

SECTION C104

INSPECTIONS

*Delete SECTION C104 'INSPECTIONS' without substitution.

(Effective January 1, 2020)

SECTION C107

FEES

*Delete SECTION C107 'FEES' without substitution.

(Effective January 1, 2020)

SECTION C108

STOP WORK ORDER

*Delete SECTION C108 'STOP WORK ORDER' without substitution.

(Effective January 1, 2020)

SECTION C109

BOARD OF APPEALS

*Delete SECTION C109 'BOARD OF APPEALS' without substitution.

(Effective January 1, 2020)

CHAPTER 2 [CE]

DEFINITIONS

SECTION C202

GENERAL DEFINITIONS

*Revise the definition for 'COEFFICIENT OF PERFORMANCE (COP) - COOLING', to read as follows:

COEFFICIENT OF PERFORMANCE (COP) - COOLING. The ratio of the rate of heat removal to the rate of energy input, in consistent units, for a complete refrigerating system or some specific portion of that system under designated operating conditions.

(Effective January 1, 2020)

*Delete definition of 'CONDITIONED SPACE' and substitute the following:

SPACE. An enclosed space within a building. The classifications of spaces are as follows for the purpose of determining building envelope requirements:

(a)

Conditioned space:

a cooled space, heated space, or indirectly conditioned space is defined as follows:

(1) Cooled space: an enclosed space within a building that is cooled by a cooling system whose sensible output capacity exceeds 5 Btu/h·ft 2 of floor area.

(2) Heated space : an enclosed space within a building that is heated by a heating system whose output capacity relative to the floor area is greater than or equal to 5 Btu/h·ft 2 .

(3) Indirectly conditioned space: an enclosed space within a building that is not a heated space or a cooled space, containing un-insulated ducts, or containing the heating equipment or which is heated or cooled indirectly by being connected to adjacent space(s), provided that air from heated or cooled spaces is transferred (naturally or mechanically) into the space. Unvented Attic Assemblies meeting the requirements of the IRC are an approved indirectly conditioned space.

(b) Semi-heated space: an enclosed space within a building that is heated by a heating system whose output capacity is greater than or equal to 3.4 Btu/Lft 2 of floor area but is not a conditioned space.

(c)

Unconditioned space:

an enclosed space within a building that is not a conditioned space or a semi-heated space. Crawl spaces, attics, and parking garages with natural or mechanical ventilation are not considered enclosed spaces.

(Effective January 1, 2020)

*Add definition of 'COOLING TOWER' to read as follows:

COOLING TOWER. A building heat removal device used to transfer process waste heat to the atmosphere.

(Effective January 1, 2020)

• Delete definition of 'ON-SITE RENEWABLE ENERGY', and substitute the following:

ON-SITE RENEWABLE ENERGY. Energy systems that are located on the building site, are installed on the building's side of the utility service provider's meter, produce energy primarily intended for use in the building and not solely for export to utilities, and produce energy derived from any of the following sources: solar radiation, wind, waves, tides, biogas, biomass or the internal heat of the earth. Energy systems that derive energy from solar radiation shall be modeled in the orientation of the energy system.

The following description only pertains to energy systems that derive energy from solar radiation and are owned by a third-party. The Georgia Solar Power Free-Market Financing Act of 2015 (commonly referred to as "HB 57") allows a customer to purchase solar electricity generated by a solar system owned by a third-party so long as certain criteria are met. Two key criteria are that the law only authorizes solar systems that generate electricity fueled by sunlight and that the solar system must be installed on property owned or occupied by the entity purchasing the system's electricity. The definition of "property" extends to all adjacent contiguous tracts of land utilized by the entity purchasing the solar system's electricity. "Building Site" in C202 is defined as a contiguous area of land that is under the ownership or control of one entity. While this definition of "building site" is similar to HB 57's definition of "property," the key difference is that HB 57 focuses on the entity purchasing the solar system's electricity. When modeling a solar system that is owned by a third-party, it is best to refer to HB 57 to determine whether all criteria have been met.

(Effective January 1, 2020)

This space intentionally left blank.

CHAPTER 4 [CE] COMMERCIAL

ENERGY EFFICIENCY

SECTION C402

BUILDING ENVELOPE REQUIREMENTS

*Revise Table C402.1.3 'Opaque Thermal Envelope Insulation Component Minimum Requirements, R-Value Methoda' Climate Zone 4 except Marine, for unheated slabs to read as follows:

TABLE C402.1.3 OPAQUE THERMAL ENVELOPE INSULATION COMPONENT MINIMUM REQUIREMENTS, R-VALUE METHODa

Climate Zone

4 EXCEPT MARINE

(remainder of table left unchanged)

All other

Group R

Slab-on-grade floors

Unheated slabs

NR

NR

(Effective January 1, 2020)

SECTION C403

BUILDING MECHANICAL SYSTEMS

*Delete Section C403.2.3 'HVAC equipment performance requirements' and substitute to read as follows:

C403.2.3 HVAC equipment performance requirements. Equipment shall meet the minimum efficiency requirements of Tables 6.8.1-1, 6.8.1-2, 6.8.1-3, 6.8.1-4, 6.8.1-5, 6.8.1-6, 6.8.1-7, 6.8.1-9, 6.8.1-10, 6.8.1-11, 6.8.1-12, and 6.8.1-13 of ASHRAE Standard 90.1 when tested and rated in accordance with the applicable test procedure. Plate-type liquid-to-liquid heat exchangers shall meet the minimum requirements of Table 6.8.1-8 of ASHRAE Standard 90.1. The efficiency shall be verified through certification under an approved certification program or, where a certification program does not exist, the equipment efficiency ratings shall be supported by data furnished by the manufacturer. Where multiple rating conditions or performance requirements are provided, the equipment shall satisfy all stated requirements. Where components, such as indoor or outdoor coils, from different manufacturers are used, calculations and supporting data shall be furnished by the designer that demonstrates that the combined efficiency of the specified components meets the requirements herein. The above referenced tables of ASHRAE 90.1, HVAC equipment performance tables are available to download for free from DCA's webpage located at: https://dca.ga.gov/node/3522/documents/2085 (Effective January 1, 2020) *Delete Section C403.2.8 'Kitchen Exhaust Systems' without substitution. (Effective January 1, 2020) *Delete Table C403.2.8 'MAXIMUM NET EXHAUST FLOW RATE, CFM PER LINEAR FOOT OF HOOD LENGTH' without substitution. (Effective January 1, 2020) *Delete Section C403.2.9 'Duct and plenum insulation and sealing' and substitute to read as follows:

C403.2.9

Duct and plenum insulation and sealing.

Supply and return air ducts and plenums shall be insulated with a minimum of R-6 insulation where located in unconditioned spaces and where located outside the building with a minimum of R-8 insulation in

Climate Zones

2 through 4. Where located within a building envelope assembly, the duct or plenum shall be separated from the building exterior or unconditioned or exempt spaces by a minimum of R-8 insulation in

Climate Zones

2 through 4.

Exceptions:

1. Where located within equipment.

2. Where the design temperature difference between the interior and exterior of the duct or plenum is not greater than 15°F (8°C). Ducts, air handlers and filter boxes shall be sealed. Joints and seams shall comply with section C403.2.9.2 of these Georgia State Supplements and Amendments. Exceptions:

1. Air-impermeable spray foam product shall be permitted to be applied without additional joint seals.

2. For ducts having a static pressure classification of less than 2 inches of water column (500 Pa), additional closure systems shall not be required for continuously welded joints and seams, and locking-type joints and seams of other than the snap-lock and button-lock types.

3. Where a duct connection is made that is partially inaccessible, three screws or rivets shall be equally spaced on the exposed portion of the joint so as to prevent a hinge effect.

4. Sealing that would void product listings is not required. (Effective January 1, 2020) *Add new Section C403.2.9.2 'Joints, Seams and Connections' to read as follows:

C403.2.9.2

Joints, Seams and Connections.

All longitudinal and transverse joints, seams and connections in metallic and nonmetallic ducts shall be constructed as specified in

SMACNA HVAC Duct Construction Standards

• Metal and Flexible and NAIMA

Fibrous Glass Duct Construction Standards

. All joints, longitudinal and transverse seams, and connections in ductwork shall be securely fastened and sealed with welds, gaskets, mastics (adhesives), masticplus-embedded-fabric systems or tapes. Without exception all closure systems shall have mastic applied that is at least 0.08 inches (2 mm) thick.

Closure systems used to seal flexible air ducts and flexible air connections shall comply with UL 181B and shall be marked "181B-FX" for pressure-sensitive tape or "181B-M" for mastic. Duct connections to flanges of air distribution systems equipment shall be sealed and mechanically fastened. Mechanical fasteners for use with flexible non-metallic air ducts shall comply with UL 181B and shall be marked 181B-C. Crimp joints for round metallic ducts shall have a contact lap of not less than 1 inch (25.4 mm) and shall be mechanically fastened by means of not less than three sheet-metal screws or rivets equally spaced around the joint.

Closure systems used to seal metal ductwork shall be installed in accordance with manufacturer's instructions. Round metallic ducts shall be mechanically fastened by means of at least three sheet metal screws or rivets spaced equally around the joint. Unlisted duct tape shall not be permitted as a sealant on any duct.

Exceptions:

1. Spray polyurethane foam shall be permitted to be applied without additional joint seals.

2. Where a duct connection is made that is partially inaccessible, three screws or rivets shall be equally spaced on the exposed portion of the joint so as to prevent a hinge effect.

3. Continuously welded and locking-type longitudinal joints and seams in ducts operating at static pressure less than 2 inches (51 mm) of water column (500 Pa) pressure classification shall not require additional closure systems. (Effective January 1, 2020) *Revise Section C403.3 'Economizers (Prescriptive)' to read as follows:

C403.3

Economizers (Prescriptive).

Revise Section C403.3, Economizers (Prescriptive), to delete the last sentence of exception 2 and add exception number 10, Computer Room Applications, at the end.

10. Computer Room Applications. (Effective January 1, 2020) *Delete Section C403.4.2.6 'Pump isolation' to add a new sentence at the end to read as follows:

C403.4.2.6 Pump isolation. Chilled water plants including more than one chiller shall have the capability to reduce flow automatically through the chiller plant when a chiller is shut down. Chillers piped in series for the purpose of increased temperature differential shall be considered as one chiller. Boiler plants including more than one boiler shall have the capability to reduce flow automatically through the boiler plant when a boiler is shut down. Flow isolation shall allow time for adequate thermal dissipation of residual heat to prevent relief before isolating boiler(s). (Effective January 1, 2020) SECTION C407 TOTAL BUILDING PERFORMANCE *Delete Section C407.3 'Performance-based compliance' and substitute to read as follows:

C407.3 Performance-based compliance. Compliance based on total building performance requires that a proposed building (proposed design) be shown to have an annual energy cost that is less than or equal to the annual energy cost of the standard re ference design. Energy prices shall be taken from a source approved by the code official, such as the Department of Energy, Energy Information Administration's State Energy Price and Expenditure Report. Code officials shall be permitted to require time-of-use pricing in energy cost calculations. The reduction in annual energy cost of the proposed design associated with on-site renewable energy shall be not more than 5% of the total annual energy cost. The amount of renewable energy purchased from off-site sources shall be the same in the standard reference design and the proposed design. Exception: Jurisdictions that require site energy (1 kWh = 3413 Btu) rather than energy cost as the metric of comparison. (Effective January 1, 2020) *Revise Section C407.4.2 'Additional documentation' to add a new item 6 to read as follows:

C407.4.2

Additional documentation.

Documentation of the reduction in annual energy use associated with on-site renewable energy.

(Effective January 1, 2020)

SECTION C408

SYSTEM COMMISSIONING

*Revise Section C408 'System Commissioning' to read as follows:

Strike the words "commission" and "commissioning" wherever they appear and replace with "functional performance testing" throughout the entire Section C408 SYSTEM COMMISSIONING as required.

(Effective January 1, 2020)

*Delete Section C408.2.4.1 'Acceptance of report' without substitution.

(Effective January 1, 2020)

CHAPTER 6 [CE]

REFERENCED STANDARDS

*Revise Chapter 6 'Referenced Standards' to add the following new Standards to read as follows:

UL UL LLC 333 Pfingsten Road Northbrook, IL 60062-2096

Standard reference number

Title

Referenced in code section number

181-2013

Factory-made Air Ducts and Air Connectors-with Revisions through May 2003 ........................................................

C403.2.9.2

181A-2013

Closure Systems for Use with Rigid Air Ducts and Air Connectors-with Revisions through December 1998................

C403.2.9.2

181B-2013

Closure Systems for Use with Flexible Air Ducts and Air Connectors-with Revisions through August 2003.................

C403.2.9.2

(Standards not listed to remain unchanged)

This space intentionally left blank.

RESIDENTIAL PROVISIONS

CHAPTER 1 [RE]

SCOPE AND ADMINISTRATION

SECTION R101

SCOPE AND GENERAL REQUIREMENTS

*Delete Section R101.1 'Title' without substitution.

(Effective January 1, 2020)

SECTION R103

CONSTRUCTION DOCUMENTS

*Delete SECTION R103 'CONSTRUCTION DOCUMENTS' without substitution.

(Effective January 1, 2020)

SECTION R104

INSPECTIONS

*Delete SECTION R104 'INSPECTIONS' without substitution.

(Effective January 1, 2020)

SECTION R107

FEES

*Delete SECTION R107 'FEES' without substitution.

(Effective January 1, 2020)

SECTION R108

STOP WORK ORDER

*Delete SECTION R108 'STOP WORK ORDER' without substitution.

(Effective January 1, 2020)

SECTION R109

BOARD OF APPEALS

*Delete SECTION R109 'BOARD OF APPEALS' without substitution.

(Effective January 1, 2020)

CHAPTER 2 [RE]

DEFINITIONS

*Add definition of 'ATTIC KNEEWALL' to read as follows:

ATTIC KNEEWALL. Any vertical or near-vertical wall in the building envelope that has conditioned space on one side and unconditioned attic space on the other side. If the envelope features the insulation installed along the sloped ceiling, the vertical wall is considered an interior wall and thus does not require insulation.

(Effective January 1, 2020)

*Add new definition of 'CERTIFIED DUCT AND ENVELOPE TIGHTNESS (DET) VERIFIER' to read as follows:

CERTIFIED DUCT AND ENVELOPE TIGHTNESS (DET) VERIFIER. A certified DET verifier shall be a certified Home Energy Rating Systems (HERS) rater, or be a Building Performance Institute (BPI) Analyst, or be an Infiltration Duct Leakage (IDL) Certified, or successfully complete a certified DET verifier course that is approved by the Georgia Department of Community Affairs.

(Effective January 1, 2020)

*Delete definition of 'CONDITIONED SPACE' and substitute to read as follows:

SPACE. An enclosed space within a building. The classifications of spaces are as follows for the purpose of determining building envelope requirements:

(a)

Conditioned space:

a cooled space, heated space, or indirectly conditioned space is defined as follows:

(1) Cooled space: an enclosed space within a building that is cooled by a cooling system whose sensible output capacity exceeds 5 Btu/h·ft 2 of floor area.

(2) Heated space : an enclosed space within a building that is heated by a heating system whose output capacity relative to the floor area is greater than or equal to 5 Btu/h·ft 2 .

(3) Indirectly conditioned space: an enclosed space within a building that is not a heated space or a cooled space, containing un-insulated ducts, or containing the heating equipment or which is heated or cooled indirectly by being connected to adjacent space(s), provided that air from heated or cooled spaces is transferred (naturally or mechanically) into the space. Unvented Attic Assemblies meeting the requirements of the IRC are an approved indirectly conditioned space.

(b) Semi-heated space: an enclosed space within a building that is heated by a heating system whose output capacity is greater than or equal to 3.4 Btu/h·ft 2 of floor area but is not a conditioned space.

(c) Unconditioned space: an enclosed space within a building that is not a conditioned space or a semi-heated space. Crawl spaces, attics, and parking garages with natural or mechanical ventilation are not considered enclosed spaces. (Effective January 1, 2020) * Add definition of 'ON-SITE RENEWABLE ENERGY' to read as follows: ON-SITE RENEWABLE ENERGY. Energy systems that are located on the building site, are installed on the building's side of the utility service provider's meter, produce energy primarily intended for use in the building and not solely for export to utilities, and produce energy derived from any of the following sources: solar radiation, wind, waves, tides, biogas, biomass or the internal heat of the earth. Energy systems that derive energy from solar radiation shall be modeled in the orientation of the energy system. The following description only pertains to energy systems that derive energy from solar radiation and are owned by a third-party. The Georgia Solar Power Free-Market Financing Act of 2015 (commonly referred to as "HB 57") allows a customer to purchase solar electricity generated by a solar system owned by a third-party so long as certain criteria are met. Two key criteria are that the law only authorizes solar systems that generate electricity fueled by sunlight and that the solar system must be installed on property owned or occupied by the entity purchasing the system's electricity. The definition of "property" extends to all adjacent contiguous tracts of land utilized by the entity purchasing the solar system's electricity. "Building Site" in R202 is defined as a contiguous area of land that is under the ownership or control of one entity. While this definition of "building site" is similar to HB 57's definition of "property," the key difference is that HB 57 focuses on the entity purchasing the solar system's electricity. When modeling a solar system that is owned by a third-party, it is best to refer to HB 57 to determine whether all criteria have been met. (Effective January 1, 2020) CHAPTER 4 [RE] RESIDENTIAL ENERGY EFFICIENCY SECTION R401 GENERAL *Revise Section R401.2 'Compliance' to read as follows:

R401.2

Compliance.

Projects shall comply with all provisions of Chapter 4 labeled "Mandatory" and one of the following:

1. Sections R401 through R404.

2. Section R405.

3. Section R406.

4. The most recent version of REScheck, keyed to the 2015 IECC. *Revise Section R401.3 'Certificate (Mandatory)' by revising first sentence and adding at end as follows:

R401.3

Certificate (Mandatory).

A permanent certificate shall be completed by the builder or registered design professional and posted on or near the electrical distribution panel or air handler. Where located on ...

(Middle of section left unchanged) ... water heating equipment. Refer to Appendix RD for the Mandatory Compliance Certificate that shall be used. (Remainder of section left unchanged)

(Effective January 1, 2020)

The above referenced form, Mandatory Compliance Certificate is available to download for free from DCA's webpage located at: https://dca.ga.gov/node/3522/documents/2090

SECTION R402

BUILDING THERMAL ENVELOPE

*Revise Table R402.1.2 'Insulation and Fenestration Requirements by Componenta' as follows:

TABLE R402.1.2 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT3

Climate Zone

Fenestration U-Factorb

Skylight U-Factorb

Glazed Fenestration SHGCb,e

Ceiling R-Value

Wood Frame Wall R-Value

Attic Kneewall R-Valuei

Mass Wall R-Value

Floor R-Value

Basementc Wall R-Value

SlabdR-Value & Depth

Crawl Spacec Wall R-Value

2

0. 35

0.65

0.27

38

13

18

4/6

13

0

0

0

3

0.35

0.55

0.27

38

13

18

8/13

19

5/13f

0

5/13

4 except marine

0.35

0.55

0.27

38

13

18

8/13

19

10/13

0

10/13

(Remainder of footnotes left unchanged) (Effective January 1, 2020)

*Revise Table R402.1.4 'Equivalent U-Factorsa' as follows:

TABLE R402.1.4 EQUIVALENT U-FACTORS3

Climate Zone

Fenestration U-Factor

Skylight U-Factor

Ceiling U-Factor

Frame Wall U-Factor

Mass Wall U-Factorb

Floor U-Factor

Basement Wall U-Factor

Crawl Space Wall U-Factor

2

0.35

0.65

0.030

0.084

0.165

0.064

0.360

0.477

3

0.35

0.55

0.030

0.084

0.098

0.047

0.091c

0.136

4 except marine

0.35

0.55

0.030

0.084

0.098

0.047

0.059

0.065

Table footnote left unchanged

(Effective January 1, 2020)

*Add a new Section R402.1.6 'Compliance Alternative Constraints (Mandatory)' to read as follows:

R402.1.6

Compliance Alternative Constraints (Mandatory).

Where Compliance Alternative Pathways are used, the minimum R-values, maximum U-factors, and maximum SHGCs for thermal envelope components in projects complying under this code (including the use of REScheck) shall be according to Table 402.1.6. Compliance Alternative Pathways include Total UA Alternative, Simulated Performance Alternative, and Energy Rating Index Alternative.

*Add a new Table R402.1.6, 'Minimum Insulation R-Values for Envelope Components When Trade-offs Are Used' to read as follows:

Table R402.1.6 MINIMUM INSULATION R-VALUES FOR ENVELOPE COMPONENTS WHEN TRADE-OFFS ARE USED

Climate Zone

Wooda Framed Walls

Massaa, b Wall

Attic a, c Kneewall

Basementa Wall

Crawla Wall

Floor Over Unheated Spaces

Ceilings with Attic Space

Vaulted c, d Unvented Attic Roofline Air-impermeable

Vaulted c, d Unvented Attic Roofline Air-permeable

Cathedralized c, d Vented Ceiling Roofline Air-permeable

2

13

4

18

0

0

13

30

20

20+5*

20

3

13

5

18

5

5

13

30

20

20+5*

20

4

13

5

18

5

5

13

30

20

20+15*

20

Window U -Factor 0.5 max with SHGC 0.30 max * Air -impermeable as per IRC 806.5

a: Weather-stripped hinged vertical doors (minimum R-5 insulation or maximum U-0.20), weather-stripped hatches/scuttle hole covers (minimum R-19 insulation or maximum U-0.05), or weather-stripped and disappearing/ pull-down stairs (minimum R-5 insulation or maximum U-0.20) shall be deemed to meet the minimum insulation R-values of the corresponding envelope element. b: Any mass wall (masonry, CMU, etc.) c: Attic kneewall for the purpose of this code is defined as any vertical or near vertical wall in the building envelope that has conditioned space on one side and attic space on the other side. Exception: When the building roofline is insulated, the former kneewall is classified as an interior wall. d: Examples of air-impermeable insulation include spray foam and rigid foam board. Examples of air-permeable insulation include fiberglass batts and cellulose. See 'Roofline Installed Insulation Options' in Appendix RA, of these Georgia State Supplements and Amendments for details.

(Effective January 1, 2020)

*Revise Section R402.2.1 'Ceilings with attic spaces' to read as follows:

R402.2.1 Ceilings with attic spaces. Where Section R402.1.2 would require R-38 insulation in the ceiling, installing R-30 over 100 percent of the ceiling area requiring insulation shall be deemed to satisfy the requirement for R-38 wherever the full height of uncompressed R-30 insulation extends completely over the wall top plate at the eaves. This reduction shall not apply to the U-factor alternative approach in Section R402.1.4 and the total UA alternative in Section R402.1.5. For HVAC attic platforms used for locating and servicing equipment, R-19 (maximum U-Factor 0.047) shall be deemed to meet the requirements of R-38 (maximum U-Factor 0.027) in the ceiling. R-19 is deemed acceptable for up to 32 square feet of attic decking per HVAC system. R-19 shall be deemed acceptable for a maximum 32 inch wide passage to the HVAC system as referenced under M1305.1.2 of the International Residential Code. (Effective January 1, 2020) *Delete Section R402.2.3 'Eave baffle' and substitute to read as follows:

R402.2.3 Eave baffle. For air permeable insulation in vented attics, baffles shall be installed adjacent to soffit and eave vents. A minimum of a 1-inch of space shall be provided between the insulation and the roof sheathing and at the location of the vent. The baffle shall extend over the top of the insulation inward until it is at least 4 inches vertically above the top of the insulation. Any solid material such as cardboard or thin insulating sheathing shall be permissible as the baffle. (See Appendix RA for further clarification.) (Effective January 1, 2020) *Delete Section R402.2.4 'Access hatches and doors' and substitute to read as follows:

R402.2.4

Access hatches and doors.

Access doors from conditioned spaces to unconditioned spaces (e.g. attics, unconditioned basements and crawl spaces) shall be weather-stripped and insulated in accordance with the following insulation values:

1. Hinged vertical doors shall have a maximum U -Factor of U-0.20 (R-5 minimum);

2. Hatches/scuttle hole covers shall have a maximum U -Factor of U-0.05 (R-19 minimum); and

3. Pull down stairs shall have a maximum U -Factor of U-0.20 with a minimum of 75 percent of the panel area having (R-5 minimum) insulation. Access shall be provided to all equipment which prevents damaging or compressing the insulation. A wood framed or equivalent baffle or retainer is required to be provided when loose fill insulation is installed, the purpose of which is to prevent the loose fill insulation from spilling into the living space when the attic access is opened, and to provide a permanent means of maintaining the installed R-value of the loose fill insulation. (Effective January 1, 2020) *Delete Section R402.2.11 'Crawl space walls' and substitute to read as follows:

R402.2.11 Crawl space walls. As an alternative to insulating floors over crawl spaces, crawl space walls shall be permitted to be insulated when the crawl space is not vented to the outside. Crawl space wall insulation shall be permanently fastened to the wall and extend downward from the floor to within 9 inches (229 mm) of the finished interior grade adjacent to the foundation wall. A 3-inch (76 mm) inspection/view strip immediately below the floor joists shall be provided to permit inspections for termites. Exposed earth in unvented crawl space foundations shall be covered with a continuous Class 1 vapor retarder in accordance with the International Building Code . All joints of the vapor retarder shall overlap by 6 inches (152 mm) and be sealed or taped. The edges of the vapor retarder shall extend at least 6 inches (152 mm) up the stem wall and shall be attached and sealed to the stem wall. (Effective January 1, 2020) *Revise Section R402.3.4 'Opaque door exemption' to read as follows:

R402.3.4

Opaque door exemption.

One side-hinged opaque door assembly up to 24 square feet (2.22 m

2

) in area is exempted from the

U

-factor requirement in Section R402.1.4. This exemption shall not apply to Attic Access Doors or the

U

-factor alternative approach in Section R402.1.4 and the total UA alternative in Section R402.1.5.

(Effective January 1, 2020)

*Revise R402.4.1.1 'Installation' to read as follows:

R402.4.1.1 Installation. The components of the building thermal envelope shall be installed in accordance with the manufacturer's instructions and the criteria listed on page 1 of Appendix RA of the 2020 Georgia State Supplements and Amendments, as applicable to the method of construction. Where required by the code official, an approved third party shall inspect all components and verify compliance. See Appendix RA 'AIR BARRIER AND INSULATION INSTALLATION COMPONENT GUIDE' of these Georgia State Supplements and Amendments for a graphical representation of the items listed above. (Effective January 1, 2020) *Revise Section R402.4.1.2 'Testing' to read as follows:

R402.4.1.2 Testing. All one and two-family dwelling units shall be tested and verified to less than five air changes per hour at 50 Pascals (ACH50) for Climate Zones 2, 3, and 4. Testing shall be conducted in accordance with ASTM E 779 or ASTM E 1827 or ANSI/RESNET/ICC 380 and reported at a pressure of 0.2 inch w.g. (50 Pascals). A written report of the results of the test shall be signed by the party conducting the test and provided to the code official . Testing shall be performed at any time after creation of all penetrations of the building thermal envelope . Testing shall be conducted by a certified duct and envelope tightness (DET) verifier . (Remainder of section left unchanged) (Effective January 1, 2020) *Add a new Section R402.4.1.3 'Low-rise R-2 multifamily testing' to read as follows:

R402.4.1.3

Low-rise R-2 multifamily testing

. Low-rise R-2 multifamily dwellings shall be tested to less than 7 air changes per hour at 50 Pascals (ACH50).

As an alternative to ACH50, compliance for Low-rise R-2 dwellings may be attained by achieving an Envelope Leakage Ratio at 50 Pascals (ELR50) of less than 0.35 (ELR50 0.35, where ELR50 = CFM50 / Envelope Shell Area, in square feet).

(Effective January 1, 2020)

*Add a new Section R402.4.1.3.1 'Low-rise multifamily testing protocol (Optional)' to read as follows:

R402.4.1.3.1

Low-rise multifamily testing protocol (Optional).

Where a residential building is classified as R-2, envelope testing may (optionally) employ either one or both of the following testing protocols:

1. Utilize multiple fans in adjacent units (commonly referred to as Guarded Blower Door testing) to minimize effect of leakage to adjacent units (not required).

2. Envelope testing of less than 100 percent shall be acceptable assuming a maximum sampling protocol of 1 in 4 units per floor (if sampled unit passes, the remaining up to three units are deemed to comply; if sampled unit fails, it must be sealed and retested and the remaining up to three units shall also be tested). (Effective January 1, 2020) SECTION R403 SYSTEMS *Revise Section R403.1.2 'Heat pump supplementary heat (Mandatory)' to add a new sentence at the end to read as follows:

R403.1.2 Heat pump supplementary heat (Mandatory). Heat pumps having supplementary electric-resistance heat shall have controls that, except during defrost, prevent supplemental heat operation when the heat pump compressor can meet the heating load. Except in emergency heating mode, the supplementary electric-resistance heat in heat pump systems installed in new construction may not energize unless the outdoor temperature is below 40 o F (4 o C). (Effective January 1, 2020) *Add new Section R403.1.2.3 'Primary heat source' to read as follows:

R403.1.2.3 Primary heat source. For new dwelling unit central HVAC systems, or replacement HVAC systems installed in dwelling units that were originally permitted after January 1, 1996, electric-resistance heat shall not be used as the primary heat source. Primary heat source is defined as the heat source for the original dwelling unit system. (Effective January 1, 2020) *Revise Section R403.3.2 'Sealing (Mandatory)' to read as follows:

R403.3.2

Sealing (Mandatory).

Ducts, air handlers and filter boxes shall be sealed. Joints and seams shall comply with Section R403.3.6 of these Georgia State Supplements and Amendments.

Exceptions:

1. Air-impermeable spray foam product shall be permitted to be applied without additional joint seals.

2. For ducts having a static pressure classification of less than 2 inches of water column (500 Pa), additional closure systems shall not be required for continuously welded joints and seams, and locking-type joints and seams of other than the snap-lock and button-lock types.

3. Where a duct connection is made that is partially inaccessible, three screws or rivets shall be equally spaced on the exposed portion of the joint so as to prevent a hinge effect.

4. Sealing that would void product listings is not required. *Revise Section R403.3.3 'Duct testing (Mandatory)' to read as follows:

R403.3.3

Duct testing (Mandatory).

Ducts shall be pressure tested to determine air leakage by one of the following methods:

1. Rough-in test: Total leakage shall be measured with a pressure differential of 0.1 inch w.g. (25 Pa) across the system, including the manufacturer's air handler enclosure. All registers shall be taped or otherwise sealed during the test.

2. Post-construction test: Total leakage shall be measured with a pressure differential of 0.1 inch w.g. (25 Pa) across the entire system, including the manufacturer's air handler enclosure. Registers shall be taped or otherwise sealed during the test.

Exceptions:

1. A duct air leakage test shall not be required where the ducts and air handlers are located entirely within the building thermal envelope.

2. Duct tightness testing is not required for existing duct systems unless more than 50% of the duct system is modified.

3. If the air handler, furnace or evaporator coil is replaced on an existing system, all joints, seams and connections from equipment to duct system and duct system connections to plenums within 5 feet from the new work shall meet the sealing requirements of this code and be verified by a visual inspection by the state licensed conditioned air contractor or by a DET Verifier. A report of the results of the test shall be signed by the party conducting the test and provided to the owner or the owner's agent and, if requested, to the code Official. (Effective January 1, 2020) *Revise Section R403.3.4 'Duct leakage (Prescriptive)' to read as follows:

R403.3.4

Duct leakage (Mandatory).

The total leakage of the ducts, where measured by one of the following methods in accordance with Section R403.3.3 shall be as follows:

1. Rough-in test: The total leakage shall be less than or equal to 6 cubic feet per minute (113.3 L/min) per 100 square feet (9.29 m 2 ) of conditioned floor area where the air handler is installed at the time of the test.

2. Post-construction test: Total leakage shall be less than or equal to 6 cubic feet per minute (113.3 L/min) per 100 sq. feet (9.29 m 2 ) of conditioned floor area.

Exceptions:

1. A duct air leakage test shall not be required where the ducts and air handlers are located entirely within the building thermal envelope.

2. Duct tightness testing is not required for existing duct systems unless more than 50% of the duct system is modified.

3. If the air handler, furnace or evaporator coil is replaced on an existing system, all joints, seams and connections from equipment to duct system and duct system connections to plenums within 5 feet from the new work shall meet the sealing requirements of this code and be verified by a visual inspection by the state licensed conditioned air contractor or by a DET Verifier. (Effective January 1, 2020) *Add a new Section R403.3.6 'Joints, seams and connections' to read as follows:

R403.3.6

Joints, seams and connections.

All longitudinal and transverse joints, seams and connections in metallic and nonmetallic ducts shall be constructed as specified in

SMACNA HVAC Duct Construction Standards

• Metal and Flexible and NAIMA

Fibrous Glass Duct Construction Standards

. All joints, longitudinal and transverse seams, and connections in ductwork shall be securely fastened and sealed with welds, gaskets, mastics (adhesives), masticplus-embedded-fabric systems or tapes. Without exception all closure systems shall have mastic applied that is at least 0.08 inches (2 mm) thick.

Closure systems used to seal flexible air ducts and flexible air connections shall comply with UL 181B and shall be marked "181B-FX" for pressure-sensitive tape or "181B-M" for mastic. Duct connections to flanges of air distribution systems equipment shall be sealed and mechanically fastened. Mechanical fasteners for use with flexible non-metallic air ducts shall comply with UL 181B and shall be marked 181B-C. Crimp joints for round metallic ducts shall have a contact lap of not less than 1 inch (25.4 mm) and shall be mechanically fastened by means of not less than three sheet-metal screws or rivets equally spaced around the joint.

Closure systems used to seal metal ductwork shall be installed in accordance with manufacturer's instructions. Round metallic ducts shall be mechanically fastened by means of at least three sheet metal screws or rivets spaced equally around the joint. Unlisted duct tape shall not be permitted as a sealant on any duct.

Exceptions:

1. Spray polyurethane foam shall be permitted to be applied without additional joint seals.

2. Where a duct connection is made that is partially inaccessible, three screws or rivets shall be equally spaced on the exposed portion of the joint so as to prevent a hinge effect.

3. Continuously welded and locking-type longitudinal joints and seams in ducts operating at static pressure less than 2 inches (51 mm) of water column (500 Pa) pressure classification shall not require additional closure systems. (Effective January 1, 2020) *Revise Section R403.5.4 'Drain water heat recovery units' to read as follows:

R403.5.4 Drain water heat recovery units . Drain water heat recovery units shall comply with CSA B55.2 or IAPMO PS 92. Vertical drain water heat recovery units shall be tested in accordance with CSA B55.1 and have a minimum effectiveness of 42 percent when tested in accordance with CSA B55.1. Sloped drain water heat recovery units shall be tested in accordance with IAPMO IGC 346 and have a minimum rated effectiveness of 42 percent when tested in accordance with IAPMO IGC 346 at the minimum slope specified in the Georgia plumbing code. Potable water-side pressure loss of vertical drain water heat recovery units shall be less than 3 psi (20.7 kPa) for individual units connected to one or two showers. Potable water-side pressure loss of vertical drain water heat recovery units shall be less than 2 psi (13.8 kPa) for individual units connected to three or more showers. Potable water-side pressure loss of sloped drain water heat recovery units shall be less than 4 psi (20.7 kPa). (Effective January 1, 2020) *Revise Section R403.6 'Mechanical Ventilation' to read as follows:

R403.6 Mechanical ventilation (Mandatory). Where required, the building shall be provided with ventilation that meets the requirements of the International Residential Code or International Mechanical Code , as applicable, or with ASHRAE 62.2-2016, Ventilation and Acceptable Indoor Air Quality in Low-Rise Residential Buildings (in entirety) or with other approved means of ventilation. Outdoor air intakes and exhausts shall have automatic or gravity dampers that close when the ventilation system is not operating. (Remainder of section left unchanged) (Effective January 1, 2020) *Revise Section R403.7 'Equipment sizing and efficiency rating (Mandatory)' by adding the following sentence at the end:

R403.7 Equipment sizing and efficiency rating (Mandatory). (The beginning of the section left unchanged) For automatically modulating capacity heating and cooling equipment, the system shall be deemed to comply with appropriate portions of Manual S provided the lowest output capacity of the equipment is less than the peak design load as determined by Manual J. (Effective January 1, 2020) *Add new Section R403.13 'Electric power attic ventilators' to read as follows:

R403.13 Electric powered attic ventilators. In new construction, electric powered attic ventilators shall not be connected to the Service supply premise wiring system. Solar photovoltaic (PV) powered attic ventilators shall be permitted. (Effective January 1, 2020) SECTION R406 ENERGY RATING INDEX COMPLIANCE ALTERNATIVE *Revise Section R406.3 'Energy Rating Index' to read as follows:

R406.3

Energy Rating Index.

The Energy Rating Index (ERI) shall be determined in accordance with ANSI/RESNET/ICC 301 except for buildings constructed in accordance with the International Residential Code, where the ERI reference design ventilation rate shall be in accordance with the following:

Ventilation rate = (0.01 x total square foot area of house) + (7.5 (Nbr + 1))

Equation 4-1 where,

Ventilation rate is defined in units of cubic feet per minute Nbr = Number of bedrooms

The ERI shall consider all energy used in the residential building including on-site renewable energy. Energy used to recharge or refuel a vehicle for on-road (and off-site) transportation purposes shall not be included in the ERI reference design or the rated design.

(Effective January 1, 2020)

*Delete Section R406.3.1 'ERI reference design' without substitution.

(Effective January 1, 2020)

*Revise Table R406.4 'MAXIMUM ENERGY RATING INDEX' to read as follows:

TABLE R406.4

MAXIMUM ENERGY RATING INDEX

Climate Zone ENERGY RATING INDEX

2 57

3 57

4 62

(Effective January 1, 2020)

*Revise Section R406.6.1 'Compliance software tools' to read as follows:

R406.6.1 Compliance software tools. The ERI shall be determined using Approved Software Rating Tools in accordance with ANSI/RESNET/ICC 301. (Effective January 1, 2020) *Delete Section R406.7 'Calculation software tools' without substitution. (Effective January 1, 2020) *Delete Section R406.7.1 'Minimum capabilities' without substitution. (Effective January 1, 2020) *Revise and rename Section R406.7.2 'Specific approval' to read as follows:

R406.6.4 Specific approval. Performance analysis tools meeting the applicable sections of Section R406 shall be approved . Documentation demonstrating the approval of performance analysis tools in accordance with Section R406.6.1 shall be provided to the code official . The code official shall approve tools for a specified application or limited scope. (Effective January 1, 2020) *Revise and rename Section R406.7.3 'Input values' to read as follows:

R406.6.5 Input values. Where calculations require input values not specified by Sections R402, R403, R404 and R405, those input values shall be taken from ANSI/RESNET/ICC 301. (Effective January 1, 2020) CHAPTER 5 [RE] EXISTING BUILDINGS SECTION R502 ADDITIONS *Revise Section R502.1.1.2 'Heating and cooling systems' to delete the exception and substitute to read as follows:

R502.1.1.2 Heating and cooling systems. New heating, cooling and duct systems that are part of the addition shall comply with Sections R403.1, R403.2, R403.3, R403.5 and R403.6. Exception: Duct tightness testing is not required for existing duct systems unless more than 50% of the existing duct system is modified. (Effective January 1, 2020) SECTION R503 ALTERATIONS *Revise Section R503.1.2 'Heating and cooling systems' to read as follows:

R503.1.2

Heating and cooling systems.

New heating, cooling and duct systems that are part of the alteration shall comply with Sections R403.1, R403.2, R403.3 and R403.6.

Exception: Duct tightness testing is not required for existing duct systems unless more than 50% of the existing duct system is modified.

(Effective January 1, 2020)

CHAPTER 6 [RE]

REFERENCED STANDARDS

*Revise Chapter 6 'Referenced Standards' to add the following new Standards to read as follows:

UL

UL LLC

333 Pfingsten Road

Northbrook, IL 60062-2096

Standard reference number

Title

Referenced in code section number

181 - 2013

Factory-made Air Ducts and Air Connectors-with Revisions through May 2003 ............................

R403.3.6

181A - 2013

Closure Systems for Use with Rigid Air Ducts and Air Connectors-with Revisions through December 1998 ........................................

R403.3.6

181B - 2013

Closure Systems for Use with Flexible Air Ducts and Air Connectors-with Revisions through August 2003.......................

R403.3.6

ASHRAE

American Society of Heating, Refrigerating and Air-Conditioning Engineers,

Inc. 1791 Tullie Circle, NE

Atlanta, GA 30329-2305

Standard reference number

Title

Referenced in code section number

ASHRAE 62.2 - 2016

Ventilation and Acceptable Indoor Air Quality in Low- Rise Residential Buildings.........................

R403.6

ANSI/RESNE T/ICC 301

Residential Energy Services Network, Inc. P.O. Box 4561. Oceanside, CA 92052-4561 International Code Council, 500 New Jersey Avenue, NW, 6th Floor. Washington, D.C. 20001

Standard reference number

Title

Referenced in code section number

ANSI/RESNET/ICC 301-2014

Standard for the Calculation and Labeling of the Energy Performance of Low-Rise Residential Buildings using an Energy Rating Index....................................................................................

R406

IAPMO PS 92

IAPMO

4755 E. Philadelphia St.

Ontario, CA 91761 - USA

Standard reference number

Title

Referenced in code section number

IAPMO PS 92-2013

Heat Exchangers and Indirect Water Heaters............................................................

R403.5.4

IAPMO IGC 346

Test Method for Measuring the Performance of Drain Water Heat Recovery Units...............

R403.5.4

(Standards not listed to remain unchanged)

APPENDICES

Throughout these appendices there is information that may be helpful in meeting and understanding the Georgia State Minimum Standard Energy Code. In cases of conflict, refer to the 2015 International Energy Conservation Code for clarification.

APPENDIX RA

*Delete APPENDIX RA 'RECOMMENDED PROCEDURE FOR WORST-CASE TESTING OF ATMOSPHERIC VENTING SYSTEMS UNDER R402.4 OR R405 CONDITIONS <=5ACH50', entirely and substitute with new APPENDIX RA 'AIR SEALING KEY POINTS'.

(Effective January 1, 2020)

APPENDIX RC

*Add new APPENDIX RC 'THIRD PARTY VERIFICATION'.

(Effective January 1, 2020)

APPENDIX RD

*Add new APPENDIX RD 'MANDATORY COMPLIANCE CERTIFICATE'.

(Effective January 1, 2020)

The above referenced form, Mandatory Compliance Certificate is available to download for free from DCA's webpage located at: https://dca.ga.gov/node/3522/documents/2090

Appendix RA

Air Sealing and Insulation Key Points

Air Barrier and Insulation Installation Component Guide

COMPONENT

AIR BARRIER CRITERIA

INSULATION INSTALLATION CRITERIA

1

General requirements

A continuous air barrier shall be installed in the building envelope.

The exterior thermal envelope contains a continuous air barrier.

Breaks or joints in the air barrier shall be sealed.

Air-permeable insulation shall not be used as a sealing material.

2

Ceiling/attic

The air barrier in any dropped ceiling/soffit shall be aligned with the insulation and any gaps in the air barrier shall be sealed. Access openings, drop down stairs or knee wall doors to unconditioned attic spaces shall be sealed.

The insulation in any dropped ceiling/soffit shall be aligned with the air barrier.

3

Walls

The junction of the foundation and sill plate shall be sealed.

The junction of the top plate and the top of exterior walls shall be sealed.

Knee walls shall be sealed.

Cavities within corners and headers of frame walls shall be insulated by completely filling the cavity with a material having a thermal resistance of R-3 per inch minimum.

Exterior thermal envelope insulation for framed walls shall be installed in substantial contact and continuous alignment with the air barrier.

4

Windows, skylights and doors

The space between window/door jambs and framing, and skylights and framing shall be sealed.

5

Rim joists

Rim joists shall include the air barrier.

Rim joists shall be insulated.

6

Floors (including above garage and cantilevered floors)

The air barrier shall be installed at any exposed edge of insulation.

Floor framing cavity insulation shall be installed to maintain permanent contact with the underside of subfloor decking, or floor framing cavity insulation shall be permitted to be in contact with the top side of sheathing, or continuous insulation installed on the underside of floor framing and extends from the bottom to the top of all perimeter floor framing members.

7

Crawl space walls

Exposed earth in unvented crawl spaces shall be covered with a Class I vapor retarder with overlapping joints taped.

Where provided instead of floor insulation (unvented crawl spaces), insulation shall be permanently attached to the crawlspace walls.

8

Shafts, penetrations

Duct shafts, utility penetrations, and flue shafts opening to exterior or unconditioned space shall be sealed.

Capped chases shall be insulated to surrounding ceiling R-values (maintain clearance from combustion flues).

9

Narrow cavities

Batts in narrow cavities shall be cut to fit, or narrow cavities shall be filled by insulation that on installation readily conforms to the available cavity space.

10

Garage separation

Air sealing shall be provided between the garage and conditioned spaces.

Band area shall be blocked, sealed and insulated.

11

Recessed lighting

Recessed light fixtures installed in the building thermal envelope shall be sealed to the drywall.

Recessed light fixtures installed in the building thermal envelope shall be air tight and IC rated.

12

Plumbing and wiring

Wiring and plumbing penetrations shall be sealed.

Batt insulation shall be cut neatly to fit around wiring and plumbing in exterior walls, or insulation that on installation readily conforms to available space shall extend behind piping and wiring.

13

Shower/tub on exterior wall

The air barrier installed at exterior walls adjacent to showers and tubs shall separate them from the showers and tubs.

Exterior walls adjacent to showers and tubs shall be insulated.

14

Electrical/phone box on exterior walls

The air barrier shall be installed behind electrical or communication boxes or airsealed boxes shall be installed.

15

HVAC register boots

HVAC register boots shall be sealed to the subfloor or drywall.

Boots in unconditioned spaces shall be insulated. Recommend insulating boots in conditioned spaces for condensation control.

16

Concealed sprinklers

When required to be sealed, concealed fire sprinklers shall only be sealed in a manner that is recommended by the manufacturer. Caulking or other adhesive sealants shall not be used to fill voids between fire sprinkler cover plates and walls or ceilings.

17

Blocking between framing (e.g. beneath knee walls, cantilevered floors, garage separation walls)

Blocking shall be sealed to framing.

Insulation shall be in contact with blocking.

18

Common walls

Air barrier is installed in common wall between dwelling units.

19

Fireplaces

New wood-burning fireplaces shall have tight-fitting flue dampers or doors, and outdoor combustion air.

Fireplace chase insulation shall be restrained to stay in place.

Disclaimer: This document was created by Southface and is intended solely to help graphically demonstrate the air leakage and insulation provisions of the 2015 IECC (2020 Georgia Energy Code). It does not cover all air sealing locations, materials or techniques. Other code provisions may be applicable as well.

Air sealing key points

Appendix RA

Georgia Insulation Installation -Passing Grade Details

Wall and ceiling insulation that makes up portions of the building thermal envelope shall be installed to Passing Grade quality.

Two criteria affect installed insulation grading: voids/gaps (in which no insulation is present in a portion of the overall insulated surface) and compression/incomplete fill (in which the insulation does not fully fill out or extend to the desired depth).

Voids/Gaps

• Voids or gaps in the insulation are < 1 % of overall component surface area (only occasional and very small gaps allowed for Passing Grade)

Compression/Incomplete Fill

• Compression/Incomplete Fill for both air permeable insulation (e.g., fiberglass, cellulose) and air impermeable insulation (e.g., spray polyurethane foam) must be less than 1 inch in depth or less than 30% of the intended depth, whichever is more stringent. The allowable area of compression/incomplete fill must be less than 2% of the overall insulated surface to achieve a Passing Grade.

• Any compression/incomplete fill with a depth greater than the above specifications (up to 1 " or 30% of the intended depth, whichever is more stringent) shall not achieve a Passing Grade.

Additional Wall Insulation Requirements

• All vertical air permeable insulation shall be installed in substantial contact with an air barrier on all six (6) sides.

Exception: Unfinished basements, rim/band joist cavity insulation and fireplaces (insulation shall be restrained to stay in place).

For unfinished basements, air permeable insulation and associated framing in a framed cavity wall shall be installed less than 1/4" from the basement wall surface.

• Attic knee wall details - Attic knee walls shall be insulated to a total R-value of at least R-18 through any combination of cavity and continuous insulation. Air permeable insulation shall be installed with a fully sealed attic-side air barrier (e.g., OSB with seams caulked, rigid insulation with joints taped, etc.). Attic knee walls with air impermeable insulation shall not require an additional attic-side air barrier.

Underfloor insulation that makes up portions of the building thermal envelope shall be installed to Passing Grade quality.

Two criteria affect installed insulation grading: voids/ gaps (in which no insulation is present in a portion of the overall insulated surface) and compression/incomplete fill (in which the insulation does not fully fill out or extend to the desired depth).

Voids/Gaps

• Voids or gaps in the insulation are minimal for Passing Grade (< 2% of overall component surface area)

Compression/incomplete Fill

• Compression/incomplete Fill for both air permeable insulation (e.g., fiberglass, cellulose) and air impermeable insulation (e.g., spray polyurethane foam) must be less than 1 inch in depth or less than 30% of the intended depth, whichever is more stringent. The allowable area of compression/incomplete fill must be less than 10% of the overall insulated surface to achieve a Passing Grade.

• Any compression/incomplete fill with a depth greater than the above specifications (up to 1" or 30% of the intended depth, whichever is more stringent) shall not achieve a Passing Grade.

• Air-permeable underfloor insulation shall be permanently installed against the subfloor decking. Adequate insulation supports (e.g., wire staves) for air permeable insulation shall be installed at least every 18-24".

Exception: The floor framing-cavity insulation shall be permitted to be in contact with the topside of sheathing or continuous insulation installed on the bottom side of floor framing where combined with insulation that meets or exceeds the minimum wood frame wall R-value and that extends from the bottom to the top of all perimeter floor framing members.

Disclaimer: This document was created by Southface and is intended solely to help graphically demonstrate the air leakage and insulation provisions of the 2015 IECC (2020 Georgia Energy Code). It does not cover all air sealing locations, materials or techniques. Other code provisions may be applicable as well.

Appendix RA

Wall Insulation key points

Appendix RA

Ceiling Insulation key points

Appendix RA

Floor Insulation key points

APPENDIX RC

THIRD PARTY VERIFICATION

SECTION RC101

GENERAL

RC101.1 Scope. The provisions of this appendix govern the requirements for third-party verification of this code.

RC101.2 Adoption. The authority having jurisdiction may adopt this appendix to utilize third-party verification of this code. SECTION RC102 DEFINITIONS THIRD-PARTY VERIFIER. An independent person or firm responsible for conducting inspections and/or testing and plan review to verify a project's compliance with the provisions of this code. SECTION RC103 QUALIFICATIONS

RC103.1 General. It shall be the responsibility of the permit holder to retain a qualified third-party verifier . The third-party verifier shall not be an employee of the owner or builder or have a financial interest in the project.

RC103.2

Residential buildings.

Third-party verifiers shall have one of the following minimum qualifications to conduct inspections or plan review for the energy efficiency provisions of

residential buildings

as defined by this code:

1. Accredited HERS Rater

2. ICC Residential Energy Inspector/Plans Examiner Certification

3. EarthCraft House Technical Advisor

4. Building Performance Institute (BPI) Analyst

5. Equivalent qualifications as approved by the local code official Exception: Where the specific provisions of this code require additional qualifications.

RC103.3

Commercial buildings.

Third-party verifiers shall have one of the following minimum qualifications to conduct inspections or plan review for the energy efficiency provisions of

commercial buildings

as defined by this code:

1. ICC Commercial Energy Inspector and ICC Commercial Plans Examiner Certifications

2. Equivalent qualifications as approved by the local code official Exception: Where the specific provisions of this code require additional qualifications.

SECTION RC104

INSPECTIONS

RC104.1 General. Construction or work, conducted under the provisions of this code, for which a permit is required shall be subject to inspection by a third-party verifier .

RC104.2 Inspection requests. It shall be the duty of the permit holder or their duly authorized agent to notify the third-party verifier when work is ready for inspection and to provide access to and means for inspection of such work required by this code.

RC104.3 Fees. The permit holder shall be responsible for all fees charged by the third-party verifier .

RC104.4 Residential buildings. A minimum of two inspections shall be conducted for each residential building. The first inspection shall be conducted prior to the closing-up of building cavities; and shall include verification of compliance with the following: insulation, fenestration, air sealing and duct insulation and sealing. The second inspection shall be conducted after the building has been substantially completed and prior to issuance of a certificate of occupancy. The second inspection shall include verification of compliance with any portions of this code not verified during the first inspection.

RC104.5 Commercial buildings. A minimum number of inspections as determined by the third-party verifier shall be conducted to ensure verification of compliance with the provisions of Chapter 5 of this code or ASHRAE 90.1.

RC104.6 Re-inspection. A building shall be re-inspected when determined necessary by the third-party verifier or local code official .

RC104.7 Approval report. Inspection and verification reports shall be submitted by the third party verifier to the local code official . (Effective January 1, 2020)

History

• Authority: O.C.G.A. § 8-2-20 et seq
• History. Original Rule entitled "International Energy Conservation Code (IECC), 2015 Edition with 2020 Georgia State Amendments" adopted. F. Dec. 7, 2018; eff. Jan. 1, 2020, as specified by the Agency.
• Note: Rule 110-11-1-.34 filed December 7, 2018 rescinded and refiled on February 19, 2019; eff. Jan. 1, 2020, as specified by the Agency. In February 2019, the Agency discovered that the wrong version of the Rule was inadvertently filed and contained typographical errors in the dates cited (i.e., "Revised January 1, 2019" and "(Effective January 1, 2019))". The dates were corrected to "Revised January 1, 2020" and "(Effective January 1, 2020)", as cited in the Rule promulgated and adopted on November 3, 2018. Effective February 19, 2019.
• Amended: New title, "International Energy Conservation Code (IECC), 2015 Edition with 2020 and 2022 Georgia State Amendments." F. Nov. 18, 2021; eff. Jan. 1, 2022, as specified by the Agency.
• Amended: New title, "International Energy Conservation Code (IECC), 2015 Edition with 2020, 2022 and 2022 Additional Georgia State Amendments." F. Aug. 10, 2022; eff. Sep. 1, 2022, as specified by the Agency.
• Amended: New title, "International Energy Conservation Code (IECC), 2015 Edition with 2020, 2022, 2022 Additional and 2023 Georgia State Amendments." F. Aug. 10, 2022; eff. Jan. 1, 2023, as specified by the Agency.

Subject 110-11-2 Appeals Subcommittee

Ga. Comp. R. & Regs. r. 110-11-2-.01 Definitions

(1) "Commissioner" means the Commissioner of the Georgia Department of Community Affairs.

(2) "Department" means the Georgia Department of Community Affairs.

(3) "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.

(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.

(5) "State Codes Advisory Committee" (SCAC) means the advisory committee consisting of 21 members as defined in O.C.G.A. 8-2-24 .

History

• Authority: O.C.G.A. § 8-2-26
• History. Original Rule entitled "Definitions" adopted. F. Nov. 21, 2022; eff. Dec. 11, 2022.

Ga. Comp. R. & Regs. r. 110-11-2-.02 Scope of Rule

(1) When, as provided for in, and in accordance with Code Section 8-2-26(g) of Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated (O.C.G.A.), a decision by a local building official is appealed to the Department of Community Affairs, an Appeals Subcommittees, as established herein, shall be convened to review and rule upon the appeal. Decisions by the local official can only be appealed to the Department of Community Affairs if there is no local Board of Appeals.

History

• Authority: O.C.G.A. § 8-2-26
• History. Original Rule entitled "Scope of Rule" adopted. F. Nov. 21, 2022; eff. Dec. 11, 2022.

Ga. Comp. R. & Regs. r. 110-11-2-.03 Filing Information/ Fee Structure

(1)

In order for a Plan Review Appeals Subcommittee to be convened to review and rule upon an appeal, the appeal must be properly filed with the Department. "Proper filing" shall mean forwarding the following information via certified mail to the Department:

Office of Construction Codes and Industrialized Buildings

60 Executive Park South, NE

Atlanta, GA 30329

(a) A notarized affidavit filed by the appellant containing thorough descriptions of (a) the decision by the local building official and (b) the nature of the dispute; (c) specific code citations (e.g., code(s), edition(s), section(s), subsection(s), state/local amendment(s), etc.) applicable to the subject matter in dispute.

(b) Any and all documentation from the appealing party, which may assist the subcommittee in its review.

(c) A filing fee in the amount of $250.00, in the form of a cashier's check, made payable to the "Georgia Department of Community Affairs," paid by the party appealing the decision by the local building official; and

(d) Any party that appeals a decision will also be charged for reasonable costs incurred by the department while conducting an investigation related to travel or when applicable, to pay an expert to provide consultation and specific knowledge related to the complaint.

(e) Reasonable costs should generally not exceed $500.00.

(f) Reasonable costs will be determined by the State of Georgia State Accounting Office State Travel Policy. ( State Travel Policy | State Accounting Office of Georgia )

(g) Once an estimate of the reasonable costs is available, the appealing party will receive the information and will have a choice to withdraw if they do not agree to pay the additional costs. The filing fee will be non-refundable.

History

• Authority: O.C.G.A. § 8-2-26
• History. Original Rule entitled "Filing Information/ Fee Structure" adopted. F. Nov. 21, 2022; eff. Dec. 11, 2022.

Ga. Comp. R. & Regs. r. 110-11-2-.04 Meetings/ Process

(1) Meetings relating to appeals may be held via conference call, in person immediately before or after a regularly scheduled SCAC meeting, or for a special called in person meeting.

(2) Investigatory findings may be discussed via email or conference call.

(3) After a properly filed appeal has been received, DCA shall have five (5) business days to accept an application as complete; reject the application for just cause and provide an explanation; or deem the application incomplete. If the application is incomplete, the appealing party shall have five (5) additional business days to supply any missing information.

(4) As soon as an application is deemed complete, the city and or county will be notified. They will have ten (10) business days to respond to the appeal and submit any pertinent documentation.

(5) The subcommittee shall have sixty (60) days from the time all documentation from both parties is received to conduct an onsite investigation, review the materials, and make a decision. The subcommittee will review and rule on the appeal based on only the information that has been received. Additional information may not be considered.

(6) Once the applicable subcommittee makes its finding, the Department shall forward copies of the subcommittee's ruling to each of the disputing parties. The ruling of the subcommittee shall be binding.

History

• Authority: O.C.G.A. § 8-2-26
• History. Original Rule entitled "Meetings/ Process" adopted. F. Nov. 21, 2022; eff. Dec. 11, 2022.

Ga. Comp. R. & Regs. r. 110-11-2-.05 Appeals

(1) A subcommittee will be created and comprised of six members of the Department's State Codes Advisory Committee (SCAC): four county and municipal building official members of the SCAC, all of whom will serve on every such subcommittee, and two other SCAC members appointed by the chairman of the SCAC whose experience uniquely qualifies them in the subject area of, or whose individual fields of expertise are closely related to, the subject matter being appealed.

(2) At the first State Codes Advisory Committee Meeting of each calendar year, an agenda item will be added to appoint which fours SCAC members will serve on all Appeals Subcommittees if any appeal is filed during that calendar year.

(3) If an appeal is filed, the Chairman of the SCAC shall have five (5) business days to appoint the additional two SCAC members to serve for that particular appeal based on their experience relating to the subject area.

History

• Authority: O.C.G.A. § 8-2-26
• History. Original Rule entitled "Appeals" adopted. F. Nov. 21, 2022; eff. Dec. 11, 2022.

Chapter 110-12 Minimum Standards and Procedures

Subject 110-12-1 Standards and Procedures for Local Comprehensive Planning Local Planning Requirements

Ga. Comp. R. & Regs. r. 110-12-1-.01 Purpose

These rules become effective October 1, 2018. The purpose of the Minimum Standards and Procedures is to provide a framework for the development, management and implementation of local comprehensive plans at the local, regional and state government level. They reflect an important state interest: healthy and economically vibrant cities and counties are vital to the state's economic prosperity.

Statewide benefits of comprehensive planning

City and county comprehensive planning should be conducted in the context of Georgia's strong and vibrant intergovernmental system that clearly recognizes the important role cities and counties play in fostering the state's image as an attractive place to invest, conduct businesses and raise a family. City and county comprehensive planning enhances coordination at many levels.

Local benefits of comprehensive planning

The highest and best use of comprehensive planning for local governments is to show important relationships between community issues. A local comprehensive plan is a fact-based resource for local constituents that tracks implementation of community-based policies. Furthermore, local comprehensive planning creates an environment of predictability for business and industry, investors, property owners, tax payers and the general public. In addition, the plan helps local governments to recognize and then implement important economic development and revitalization initiatives. For these reasons, the state finds that well-planned communities are better prepared to attract new growth in a highly competitive global market.

In short, local planning should recognize that:

• Assets can be accentuated and improved;

• Liabilities can be mitigated and changed over time; and

• Potential can be sought after and developed.

These minimum standards and procedures for city and county comprehensive planning reflect the principles of partnership and the unique needs, conditions and aspirations of each city and county.

History

• Authority: O.C.G.A. § 50-8-7.1(b)
• History. Original Rule entitled "Purpose" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 31, 2001; eff. Feb. 1, 2002, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 4, 2002; eff. Jan. 1, 2004, as specified by the Agency.
• Repealed: New Rule entitled "Purpose, Applicability and Effective Date" adopted. F. Apr. 7, 2005; eff. May 1, 2005, as specified by the Agency.
• Repealed: New Rule entitled "Purpose" adopted. F. Nov. 13, 2012; eff. Dec. 3, 2012.
• Repealed: New Rule of same title adopted. F. Feb. 6, 2014; eff. Mar. 1, 2014, as specified by the Agency.
• Amended: F. Sep. 11, 2018; eff. Oct. 1, 2018.

Ga. Comp. R. & Regs. r. 110-12-1-.02 Requirements

O.C.G.A. 50-8-1 et seq. gives the Department authority to establish standards and procedures for comprehensive planning by all local governments in Georgia. Those standards and procedures, embodied herein, emphasize preparation of plans that help each local government address its immediate needs and opportunities while moving toward realization of its long-term goals for the future. In order to maintain qualified local government certification, and thereby remain eligible for selected state funding and permitting programs, each local government must prepare, adopt, maintain, and implement a comprehensive plan as specified in these standards.

(1)

Required and Optional Plan Elements.

Each community's comprehensive plan must include the required plan elements specified in the "Required for" column below. Each community is encouraged to go beyond these minimum required elements and supplement its comprehensive plan with other plan elements (refer to the list of optional plan elements in the Supplemental Planning Recommendations for suggestions) to make the overall plan a good fit for the community.

Plan Element

Required for

Recommended for

Specifics at

Community Goals

All local governments

110-12-1-.03(1)

Needs and Opportunities

All local governments

110-12-1-.03(2)

Community Work Program

All local governments

110-12-1-.03(3)

Broadband Services Element

All local governments

110-12-1-.03(4)

Capital Improvements Element

Governments that charge impact fees

110-12-1-.03(5)

Economic Development Element

Communities included in Georgia Job Tax Credit Tier 1

Communities seeking improved economic opportunities for their citizens

110-12-1-.03(6)

Land Use Element

Communities with zoning or equivalent land development regulations that are subject to the Zoning Procedures Law

Communities that:

· Are considering new land development regulations

· Include Target Areas in their comprehensive plan

· Wish to improve aesthetics of specific areas or protect the character of specific parts of their community

110-12-1-.03(7)

Transportation Element

Local governments that have territory included in a Metropolitan Planning Organization

Communities:

· With automobile congestion problems in selected areas

· Interested in adding alternative transportation facilities for bicyclists, pedestrians, public transportation users

· That may have too much or too little parking in specific areas

110-12-1-.03(8)

Housing Element

HUD CDBG

Entitlement Communities

Communities with:

· Concentrations of low-quality or dilapidated housing

· Relatively high housing costs compared to individual/family incomes

· A jobs-housing imbalance

110-12-1-.03(9)

(2)

Community Involvement.

Each element of the comprehensive plan must be prepared with opportunity for involvement and input from stakeholders and the general public, in order to ensure that the plan reflects the full range of community needs and values. The three steps for involving stakeholders and the general public in developing the comprehensive plan are listed below.

(a) Identification of Stakeholders. Compile a list of stakeholders who need to have a voice in the development of the plan. Refer to the list of suggested stakeholders provided in the Supplemental Planning Recommendations for suggestions. Members of the governing authority must be included among the selected stakeholders and be actively involved in plan preparation, such as serving on the steering committee that guides development of the plan. This will help ensure that the plan will be implemented, because leadership that is involved in plan development is likely to become committed to seeing it through.

(b) Identification of Participation Techniques. Review each of the recommended community participation techniques identified in the Supplemental Planning Recommendations to select those to be used locally for involving the selected stakeholders in the process of developing the plan. At minimum, your community must form a steering committee to oversee and participate in development of the plan that includes some of the stakeholders identified in section (a) above, members of the governing authority, local economic development practitioners, and local government staff.

(c) Conduct Participation Program. Invite each of the stakeholders identified in section (a) above to participate in the activities and events identified in section (b). Use these participation events to solicit specific input on the content of the plan. Hold regular meetings of the steering committee to provide input and feedback to the plan preparers as the plan is developed.

(d) Documentation of Community Involvement Activities. Include an appendix to the comprehensive plan which assembles documentation showing that the activities discussed, above, occurred. This documentation must include: a list of stakeholders who were specifically identified to provide input on the plan; an overview of the participation techniques used to gather community input; and a list of the members of the steering committee that specifically identifies the governing authority and economic development practitioner representatives. Additionally, documentation of the community involvement activities and events undertaken in preparing the plan must be provided. The breadth and types of documentation may vary based upon community dynamics and the nature of the specific activities the community has undertaken. Acceptable types of documentation of includes, but is not limited to: sign-in sheets from meetings/workshops/etc.; photographs of community involvement events; survey questions and results; records/agendas/minutes of meetings; copies of published advertisements of events; and/or copies of published social media posts.

(3) Consideration of the Regional Water Plan and the Environmental Planning Criteria. During the process of preparing its comprehensive plan, each community must review the Regional Water Plan(s) covering its area and the Rules for Environmental Planning Criteria (established and administered by the Department of Natural Resources pursuant to O.C.G.A. 12-2-8) to determine if there is need to adapt local implementation practices or development regulations to address protection of these important natural resources. The community must certify via a cover letter signed by its chief elected official that it has considered both the Regional Water Plan and the Rules for Environmental Planning Criteria when it transmits the plan to the Regional Commission for review.

(4) Review of the Comprehensive Plan. Upon completion, the comprehensive plan must be transmitted to the Regional Commission for review. Both the Regional Commission and the Department will review the plan and respond to the local government with findings and recommendations. Once approved by the Department as being in compliance with the Minimum Standards and Procedures, the local government may adopt the plan. Specific details for this review process are covered in section 110-12-1-.04 .

(5) Official Listing of Planning Requirements and Deadlines. The Department maintains and makes available on its website a recertification schedule identifying the deadlines for comprehensive plan updates, and the specific plan elements that must be included in each update, for all counties and municipalities in Georgia.

(6) Alternative Planning Requirements. Any Regional Commission may apply to the Department for approval of alternative planning requirements for a particular community if both the community's leadership and Regional Commission agree that an alternative to the planning standards provided herein is more appropriate for the community. Communities interested in pursuing alternative planning requirements should consult with their regional commission for ideas and guidance prior to beginning their local planning process. Specific details about applying for this exemption are covered in section 110-12-1-.04(3) .

(7)

Planning Resources and Support.

(a) The Department's Supplemental Planning Recommendations provide ideas and suggested best practices to assist communities as they prepare their plans and address these Minimum Standards and Procedures.

(b) The community's Regional Commission is available to prepare the four core elements of the comprehensive plan (i.e., the Community Goals, Needs and Opportunities, Broadband Element, and Community Work Program), or an alternative plan of similar or lesser complexity agreed upon under the alternative planning requirements specified in section (5) above, at no additional cost for any interested community.

(c) To help ensure the ongoing efficacy of the comprehensive plan, the community's Regional Commission will meet with each community's leadership regularly to: · review the plan; · identify any needed changes or updates; · discuss the community's recent plan implementation accomplishments; · prioritize plan implementation activities for the upcoming year; and · offer Regional Commission assistance with plan implementation.

History

• Authority: O.C.G.A. § 50-8-7.1(b)
• History. Original Rule entitled "Definitions" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 31, 2001; eff. Feb. 1, 2002, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 4, 2002; eff. Jan. 1, 2004, as specified by the Agency.
• Repealed: New Rule entitled "Overview of Planning Requirements" adopted. F. Apr. 7, 2005; eff. May 1, 2005, as specified by the Agency.
• Repealed: New Rule entitled "Requirements" adopted. F. Nov. 13, 2012; eff. Dec. 3, 2012.
• Repealed: New Rule of same title adopted. F. Feb. 6, 2014; eff. Mar. 1, 2014, as specified by the Agency.
• Amended: F. Sep. 11, 2018; eff. Oct. 1, 2018.

Ga. Comp. R. & Regs. r. 110-12-1-.03 Plan Elements

This chapter provides guidance for completing each element of the comprehensive plan. Communities should refer to section 110-12-1-.02(1) of these rules or the Department's recertification schedule to determine which plan elements are required for their jurisdiction. For any of these plan elements, it is certainly acceptable and encouraged to draw from a previously prepared plan that addresses the guidance below into the comprehensive plan in lieu of preparing a new plan element. Each community is also encouraged to add optional elements to their comprehensive plan to address specific local needs (refer to the list of optional plan elements in the Supplemental Planning Recommendations for suggestions).

(1)

Community Goals

. (Required for all local governments, updates at local discretion.) The purpose of the Community Goals element is to articulate a long-term strategy for creating the set of conditions judged, by the community, to be best suited to maximizing the collective wellbeing of its residents. The Community Goals element details the overarching concepts which should guide local day-to-day decision-making for five, ten, even twenty years into the future. As such, the Community Goals shall be developed through a very public process of involving community leaders and stakeholders. The Community Goals are intended to generate local pride and enthusiasm about the future of the community, thereby leading citizens and leadership to act to ensure that the plan is implemented. The result must be an easy-to-use document readily referenced by community leaders as they work toward achieving this desired future of the community. Regular update of the Community Goals is not required, although communities are encouraged to amend the goals whenever appropriate.

The Community Goals must include at least one or a combination of any of the four components listed below:

(a) General Vision Statement. Include a general statement that paints a picture of what the community desires to become, providing a complete description of the development patterns to be encouraged within the jurisdiction.

(b) List of Community Goals. Include a listing of the goals the community seeks to achieve. Review the suggested community goals in the Supplemental Planning Recommendations for suggestions.

(c) Community Policies . Include any policies (such as,"New development will be encouraged to locate on in fill sites closer to town, whenever possible.") the local government selects to provide ongoing guidance and direction to local government officials for making decisions consistent with achieving the Community Goals. Refer to suggested policies listed in the Supplemental Planning Recommendations for suggestions.

(d) Character Areas and Defining Narrative. This option lays out more specific goals for the future of the community by community sub-areas, districts, or neighborhoods, and may be prepared using the guidance provided for the Land Use Element at 110-12-1-.03(6)(a) .

(2)

Needs and Opportunities.

(Required for all local governments, updates required every five years.) This is the locally agreed upon list of Needs and Opportunities the community intends to address. In contrast to the long-term focus of the Community Goals element, the Needs and Opportunities element conveys the relatively short-term imperatives which will require direct attention from the community in the following five years. The list must be developed by involving community stakeholders in carrying out a SWOT (strengths, weaknesses, opportunities, threats) or similar analysis of the community. The community may opt to designate specific needs or opportunities as "high priority" indicating that they must be followed-up with corresponding implementation measures in the Community Work Program. The following resources may also be enlisted to help stakeholders identify local Needs and Opportunities:

(a) Supplemental Planning Recommendations. Review the list of typical needs and opportunities provided in the Supplemental Planning Recommendations and select those that are applicable for the community.

(b) Analysis of Data and Information. Check for potential needs and opportunities by reviewing and evaluating demographic, economic, housing, transportation and other data and information about the community. When evaluating this data and information, focus on: · Whether it verifies needs or opportunities identified previously; · Whether it uncovers new needs or opportunities not previously identified; · Whether it indicates significant local trends that need to be considered in the planning process. In order to ensure a concise and readable comprehensive plan, it is not recommended to include the data and information provided on the Department's website in your plan, nor is it required to include evaluations, data, or maps to substantiate or illustrate the identified needs or opportunities. However, if the community finds it worthwhile, it may include charts, graphs, and/or tables illustrating the data-points which are most critical to its planning process in an appendix to the plan.

(c) Analysis of Consistency with Quality Community Objectives. Evaluate the community's current policies, activities, and development patterns by comparing with the Department's Quality Community Objectives and the supporting Best Practices available on the Department's website. Use this analysis to identify any community needs and opportunities for adapting local activities, development patterns and implementation practices to the Quality Community Objectives.

(3) Community Work Program. (Required for all local governments, updates required every five years.) This element of the comprehensive plan lays out the specific activities the community plans to undertake during the five years following adoption of the plan as provided at section 110-12-1-.04(1)(j) to address its Needs and Opportunities while steadily moving toward the realization of its Community Goals. This includes any activities, initiatives, programs, ordinances, administrative systems (such as site plan review, design review, etc.) to be put in place to implement the plan. (Note that general policy statements should not be included in the Community Work Program, but instead should be included in the Community Goals element, perhaps in a section devoted specifically to Community Policies.) The Community Work Program must include the following information for each listed activity: · Brief description of the activity; · Timeframe for initiating and completing the activity; · Responsible party for implementing the activity; · Estimated cost (if any) of implementing the activity; and · Funding source(s), if applicable.

(4) Broadband Services Element. (Required for all local governments, updates at local discretion.) Each local government must include in its Local Comprehensive Plan an action plan for the promotion of the deployment of broadband services by broadband service providers into unserved areas within its jurisdiction. The action plan must describe steps for the promotion of reasonable and cost-effective access to broadband to parts of the local government's jurisdiction designated by the Department as unserved areas. The local action plan required pursuant to this element may include, but shall not be limited to, any assessments, studies, ordinances, and/or goals to achieve certification as a Broadband Ready Community or designation of facilities and developments as Georgia Broadband Ready Community Sites. Each local comprehensive plan should contemplate and seek to implement this element in a manner which stresses the importance of broadband deployment across this state, and that broadband services should be considered as important as other necessary utilities.

(5) Capital Improvements Element. (Required for local governments that charge impact fees, optional but encouraged for all other local governments. Updates required every year.) For communities that charge development impact fees, a detailed Capital Improvements Element prepared to meet the Development Impact Fee Compliance Requirements (DCA Rules 110-12-2) is required. As such, it is not necessary to embed this element directly into the comprehensive plan document; however, it must be consistent with and reflective of the other components of the comprehensive plan.

(6) Economic Development Element. (Required for local governments included in Georgia Job Tax Credit Tier 1, optional but encouraged for all other local governments. Updates at local discretion.) Identify community goals, needs, and opportunities related to economic development and vitality of the community, and Community Work Program activities for addressing these needs and opportunities, considering such factors as diversity of the economic base, quality of the local labor force, effectiveness of local economic development agencies, programs and tools. The analysis produced for the Comprehensive Economic Development Strategy (CEDS) for the region or a similar local economic development plan may be substituted for this element's analytic requirements (and should be provided appropriate reference/citation); however, applicable community goals, needs and opportunities, and work program items, as provided in sections (1) through (3), above, must be explicitly integrated into the Local Comprehensive Plan.

(7)

Land Use Element.

(Required for local governments with zoning or equivalent land development regulations that are subject to the Zoning Procedures Law, optional but encouraged for all other local governments. Updates required every five years.) The Land Use Element, where required, must include at least one of the two components listed below:

(a) Character Areas Map and Defining Narrative. Identify and map the boundaries of existing or potential character areas (see definition in Chapter 110-12-1-.05 ) covering the entire community, including existing community sub-areas, districts, or neighborhoods. Refer to the list of recommended character areas provided in the Supplemental Planning Recommendations for suggestions. Note that community improvement districts, tax allocation districts, Livable Centers Initiative planning areas, designated redevelopment areas and the like are good candidates for delineation as character areas. For each identified character area, carefully define a specific vision or plan that includes the following information: · Written description and pictures/illustrations that make it clear what types, forms, styles, and patterns of development are to be encouraged in the area. Refer to recommended development patterns listed in the Supplemental Planning Recommendations for suggestions. · Listing of specific land uses and/or (if appropriate for the jurisdiction) zoning categories to be allowed in the area. · Identification of implementation measures to achieve the desired development patterns for the area, for example: more detailed sub-area planning, new or revised local development regulations, incentives, public investments, and infrastructure improvements. Refer to recommended plan implementation measures listed in the Supplemental Planning Recommendations for suggestions.

(b)

Future Land Use Map and Narrative.

Prepare a Future Land Use Map that uses conventional categories or classifications to depict the location (typically parcel by parcel) of specific future land uses. If this option is chosen, prepare the Future Land Use Map using either of the land use classification schemes described below and include a narrative that explains how to interpret the map and each land use category within the context of the community producing the plan.

1. Standard Categories. More detailed categories used by communities must be able to be grouped into one of the following industry-standard categories: ·Residential. The predominant use of land within the residential category is for single-family and multi-family dwelling units organized into general categories of net densities. ·Commercial. This category is for land dedicated to non-industrial business uses, including retail sales, office, service and entertainment facilities, organized into general categories of intensities. Commercial uses may be located as a single use in one building or grouped together in a shopping center or office building. Communities may elect to separate office uses from other commercial uses, such as retail, service or entertainment facilities. ·Industrial. This category is for land dedicated to manufacturing facilities, processing plants, factories, warehousing and wholesale trade facilities, mining or mineral extraction activities, or other similar uses. ·Public/Institutional. This category includes certain state, federal or local government uses, and institutional land uses. Government uses include government building complexes, police and fire stations, libraries, prisons, post offices, schools, military installations, etc. Examples of institutional land uses include colleges, churches, cemeteries, hospitals, etc. Do not include facilities that are publicly owned, but would be classified more accurately in another land use category. For example, include publicly owned parks and/or recreational facilities in the park/recreation/conservation category; include landfills in the industrial category; and include general office buildings containing government offices in the commercial category. ·Transportation/Communication/Utilities. This category includes such uses as major transportation routes, public transit stations, power generation plants, railroad facilities, radio towers, telephone switching stations, airports, port facilities or other similar uses. ·Park/Recreation/Conservation. This category is for land dedicated to active or passive recreational uses. These areas may be either publicly or privately owned and may include playgrounds, public parks, nature preserves, wildlife management areas, national forests, golf courses, recreation centers or similar uses. ·Agriculture/Forestry. This category is for land dedicated to farming (fields, lots, pastures, farmsteads, specialty farms, livestock production, etc.), agriculture, or commercial timber or pulpwood harvesting. ·Undeveloped/Vacant. This category is for lots or tracts of land that are served by typical urban public services (water, sewer, etc.) but have not been developed for a specific use or were developed for a specific use that has since been abandoned. ·Mixed Use. For a detailed, fine-grained mixed land use, or one in which land uses are more evenly balanced, mixed land use categories may be created and applied at the discretion of the community. If used, mixed land use categories must be clearly defined, including the types of land uses allowed, the percentage distribution among the mix of uses (or other objective measure of the combination), and the allowable density of each use.

(c) Land Based Classification Standards (LBCS). As an alternative to the standard classification system, local governments may, at their discretion, utilize the LBCS developed by the American Planning Association. The full implementation of this alternative system includes five dimensions to describe land uses, including activity, function, site development character, structural character, and ownership. Local governments electing to employ this system must at a minimum identify the function dimension of land uses in the analyses, assessments, mapping, and other land use requirements of this chapter.

(8)

Transportation Element.

(Required for the portions of a local government's jurisdiction that are included in a Metropolitan Planning Organization, optional but encouraged for all other local governments. Updates at local discretion.) The analysis provided in the Metropolitan Planning Organization's transportation strategy for the region or a similar local transportation plan may be substituted for this element's analytical requirements (and should be provided appropriate reference/citation); however, applicable community goals, needs and opportunities, and work program items, as provided in sections (1) through (3), above, must be explicitly integrated into the Local Comprehensive Plan. If, rather than using the analysis prepared in a separate plan, a new Transportation Element is prepared, it must include the following components:

(a) Evaluate the adequacy of the following major components of the local transportation system for serving needs of the community throughout the planning period: ·Road Network. Identify roads, highways and bridges. Also identify any significant issues with the road network, including connectivity, signalized intersections or inadequate signage. ·Alternative Modes. Identify bicycle, pedestrian facilities and public transportation or other services for populations without automobiles. Also identify areas of the community where mode choice is limited. Evaluate how effectively mobility needs of the community are met by these alternative transportation modes. ·Parking. Identify areas with insufficient parking or inadequate parking facilities (e.g., downtown, busy commercial areas), excess or obsolete surface parking facilities in need of retrofitting or redevelopment. ·Railroads, Trucking, Port Facilities and Airports. Identify freight and passenger rail lines, major rail intermodal facilities, non-rail freight operations, seaports, harbors, and commercial and general purpose air terminals. Evaluate the impact of these on the overall transportation network. ·Transportation and Land Use Connection. The transportation element should recognize that transportation policies, programs, and projects should be planned in alignment with local land use development policies. Future transportation investments should similarly be matched with appropriate land use policies.

(b) Develop a strategy for addressing any needs or opportunities identified above and integrate this strategy into the Local Comprehensive Plan's community goals, needs and opportunities and, community work, as provided in sections (1) through (3), above.

(9) Housing Element. (Required for Community Development Block Grant Entitlement Communities, optional but encouraged for all other local governments. Updates at local discretion.) Use the following factors to evaluate the adequacy and suitability of existing housing stock to serve current and future community needs. Factors to consider include: housing types and mix, condition and occupancy, local cost of housing, cost-burdened households in the community, jobs-housing balance, housing needs of special populations, and availability of housing options across the life cycle. The analysis provided in the Consolidated Plan or similar local housing plan may be substituted for this element element's analytical requirements (and should be provided appropriate reference/citation); however, applicable community goals, needs and opportunities, and work program items, as provided in sections (1) through (3), above, must be explicitly integrated into the Local Comprehensive Plan.

History

• Authority: O.C.G.A. § 50-8-7.1(b)
• History. Original Rule entitled "Duties and Responsibilities" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 31, 2001; eff. Feb. 1, 2002, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 4, 2002; eff. Jan. 1, 2004, as specified by the Agency.
• Repealed: New Rule entitled "Community Assessment" adopted. F. Apr. 7, 2005; eff. May 1, 2005, as specified by the Agency.
• Repealed: New Rule entitled "Plan Elements" adopted. F. Nov. 13, 2012; eff. Dec. 3, 2012.
• Repealed: New Rule of same title adopted. F. Feb. 6, 2014; eff. Mar. 1, 2014, as specified by the Agency.
• Amended: F. Sep. 11, 2018; eff. Oct. 1, 2018.

Ga. Comp. R. & Regs. r. 110-12-1-.04 Procedures

(1)

Preparation, Transmittal and Review of the Comprehensive Plan.

All required hearings should be handled in a manner that is consistent with any locally-adopted ordinances or other customary processes regarding the conduct of public hearings. The Department recommends that any community which must include a Land Use Element in its plan pursuant to section

110-12-1-.03(7)

should comply with the Zoning Procedures Law (O.C.G.A. §

36-66-1

, et seq.). Failure to handle public hearings appropriately may undermine the legal validity of the local comprehensive plan. Documentation of the required public hearings (e.g., a copy of the "tear sheet" advertising the hearing in the local newspaper, a sign-in sheet from the hearing, etc.) must be included in the appendix of community involvement activities discussed in section

110-12-1-.02(2)(d)

.

(a) First Required Public Hearing. A first public hearing must be held at the inception of the local planning process. The purpose of this hearing is to brief the community on the process to be used to develop the plan, opportunities for public participation in development of the plan, and to obtain input on the proposed planning process. Once public comments have been addressed, the community may begin the process of developing the plan.

(b) Developing the Plan - Community Involvement. Each element of the plan must be prepared with considerable opportunity for involvement and input from stakeholders, local leadership, and the general public, following the process specified in section 110-12-1-.02(2) . This will help ensure that the plan reflects the full range of community needs and values and that the plan will be implemented, because citizens and leadership that are involved in plan development are likely to become committed to seeing it through.

(c) Second Public Hearing. A second public hearing must be held once the plan has been drafted and made available for public review, but prior to its transmittal to the Regional Commission for review. The purpose of this hearing is to brief the community on the contents of the plan, provide an opportunity for residents to make final suggestions, additions or revisions, and notify the community of when the plan will be submitted to the Regional Commission for review. Once public comments have been addressed, the plan must be transmitted to the Regional Commission with the cover letter provided at section 110-12-1-.02(3) .

(d) Submittal for Review. Upon completion, the local government must transmit its plan to the Regional Commission for review. Once received, the Regional Commission shall immediately forward the plan to the Department for review, indicating the date the plan was received from the local government. This date of submittal for review is the beginning of the plan review process.

(e) Notification of Interested Parties. Once the Regional Commission has accepted the plan for review, it shall immediately notify interested parties of the availability of the plan for review and comment, providing the name of the local government, the general nature of the plan and a deadline by which comments must be returned to the Regional Commission. At minimum, interested parties shall include: · Local governments inside or outside the Regional Commission's region that are contiguous to the submitting local government, and other local governments that are likely to be affected by the plan; · Any local authorities, special districts, or other entities identified in evaluating intergovernmental coordination mechanisms and processes (if applicable); · Regional Commissions that are contiguous to the local government or that are likely to be affected by the plan; and · Affected state agencies, including the Department of Transportation, the Department of Natural Resources, the Georgia Environmental Facilities Authority, and the Department. The Regional Commission may (at its sole discretion) conduct a hearing at which any local government, Regional Commission or other local, regional, or state agency may present its views on the plan. The rules for conducting such hearings shall be as approved and adopted by the Council of the Regional Commission.

(f) Regional Commission Review. The Regional Commission shall review the plan for potential conflicts with plans of neighboring jurisdictions, opportunities for interjurisdictional/regional solutions to common issues, and consistency with the adopted regional plan for the region.

(g) Department Review. The Department shall review the required elements of the plan for compliance with the Minimum Standards and Procedures. This review may result in identification of deficiencies that must be resolved before the plan can be approved. The Department may also provide advisory comments to the community and/or the plan preparer (if the plan was prepared by some other party) which are intended to improve the usefulness of the submitted plan and other, future plans. Such advisory comments shall not prevent a local government from adopting an otherwise compliant local comprehensive plan. The Department's findings and recommendations resulting from its review shall be transmitted to the Regional Commission for inclusion in the final report within 35 days after submittal for review.

(h) Report of Findings and Recommendations. Within 40 days after submittal for review, the Regional Commission must transmit a report of findings and recommendations to the local government and a copy of which shall be provided to the Department. This report must include: · Comments submitted by interested parties that reviewed the plan and (if applicable) a summary of the regional review hearing, detailing any significant issues raised; · The Regional Commission's findings from its Intergovernmental and Consistency review of the plan and its recommendations for addressing these findings; and · A copy of the Department's findings and recommendations resulting from its review of the plan.

(i) Plan Revisions. If the Report of Findings and Recommendations indicates that the plan is not yet in compliance with the Minimum Standards and Procedures, the local government must address any requested changes by revising the plan and resubmitting it to the Regional Commission for review. Once the plan is resubmitted for review, both the Department and the Regional Commission will complete their review and respond to the local government as soon as possible. This process of revision and review can be repeated until the plan is found to be in compliance with the Minimum Standards and Procedures.

(j) Adoption of the Plan. Once the plan has been found by the Department to be in compliance with the Minimum Standards and Procedures, the local governing body may adopt the approved plan. In order to maintain Qualified Local Government certification, the local government must adopt the approved plan. If the local government fails to adopt the plan within one year after the plan is found to be in compliance with the Minimum Standards and Procedures, it will be necessary to resubmit the plan for review as provided at 110-12-1-.04(1)(d) .

(k) Notification of Local Adoption. Within seven days of local adoption of the approved plan, the local government must provide an executed copy of the adoption resolution and an as-adopted version of the plan to the Regional Commission. Within seven days of receipt of this written notice, the Regional Commission must forward these documents to the Department.

(l) Qualified Local Government Certification. Once the Department has been notified by the Regional Commission that a local government has adopted the approved plan, the Department will notify the local government that Qualified Local Government certification has been extended.

(m) Publicizing the Plan. Once adopted by the local government, the availability of the plan must be publicized by the local government for public information. This requirement may be met by providing notice in a local newspaper of general circulation, posting notice on the local government's website, or using similar means to notify the public of plan adoption and directing them where a complete copy of the plan may be reviewed.

(2)

Maintaining the Plan

. Local governments are responsible for maintaining their plans to accurately reflect current community conditions and the community's goals and priorities for the future. Maintenance of the plan includes plan amendments and regular updates of the plan.

(a) Plan Amendments. The local government determines when a plan amendment is necessary to address changing circumstances that may have detracted from the usefulness of the plan as a guide to local decision-making. Any amendment which, in the judgement of the Department, may impact the compliance of any comprehensive plan component within these standards may be required to follow the submittal and review procedures outlined in section 110-12-1-.04(1) . Guidance on the applicability of this requirement may be sought from the appropriate regional commission and/or the Department.

(b) Plan Updates. The elements of the comprehensive plan identified in Chapter 110-12-1-.03 as requiring 5-year updates must be updated every five years in accordance with the recertification schedule maintained by the Department. If significant changes have occurred in community conditions (e.g., if the data upon which the plan is based has become significantly outdated, or the community's goals have changed), a more extensive update of other elements of the plan may be called for. A comprehensive plan update shall include update of all elements specified for five-year update in Chapter 110-12-1-.03 plus: · A new Community Work Program (which includes the project which are included in the Capital Improvements Element) covering the five-year period beginning at the time the plan update is adopted as provided at section 110-12-1-.03(1)(j). And, · A report of accomplishments that describes the current status of each activity in the previous Community Work Program (which includes the Capital Improvements Program). At a minimum, local governments must indicate which activities that: o Have been completed; o Are currently underway (including a projected completion date); o Have been postponed (explaining why and when it will be resumed); or o Have been cancelled and are no longer activities the local government intends to undertake (explaining why). Any activities reported as "underway" or "postponed" must be reflected in the new Community Work Program or elsewhere in the comprehensive plan update, as appropriate.

(c) Submittal and Review Procedures for Plan Updates. Plan Updates and, when necessary, Plan Amendments shall be reviewed following the submittal and review procedures outlined in section 110-12-1-.04(1) .

(d) Service Delivery Strategy Review. The update schedule for required five-year updates to each county comprehensive plan required by paragraph (b) of this section shall serve as the basis for a ten-year update schedule for the review of service delivery strategy agreements required by Code Section 36-70-28(b)(1) such that each service delivery strategy agreement shall be reviewed after every other five-year county comprehensive plan update beginning with the most recent update.

(3)

Variances.

A request for alternative planning requirements or a variance from particular requirements in these rules must be submitted to the Department in writing by the local government and its Regional Commission, and must provide sufficient documentation to substantiate the request.

Variance requests specifically asking only for time extensions to complete plans or plan updates will be granted only under the following conditions:

(a) If the preparation of a plan or plan update is substantially complete at the time revised Minimum Standards and Procedures take effect and the local government desires to change its plan or major plan update to conform to the new requirements. Generally, such variance will only be granted if the local government's recertification date falls within 12 months after the effective date for the revised Minimum Standards and Procedures.

(b) If events beyond the local government's control have occurred (e.g., a natural disaster that affects the local government's jurisdiction or a fire that substantially damages the local government's planning or administrative offices, etc.) and the local government is under extraordinary stress in coping with this compelling situation.

(4)

Mapping Requirements.

If either a Character Areas Map or Future Land Use Map is included in the plan, this must be submitted to the appropriate regional commission and the Department in a GIS digital vector data format simultaneously with the comprehensive plan. To facilitate the preparation of these and other maps that may be included in the plan. It is recommended that plan preparers use these maps, but if other maps are used, they must meet the following requirements:

(a) Digital Format. Maps submitted in digital form must be provided as digital vector map products, using the shapefile format via a Department-approved exchange media or electronic transfer method.

(b) Base Maps. Base or reference maps must equal or exceed the scale, accuracy, precision, and feature content of the equivalent map made available by the Department. They must use the Georgia Coordinate System of 1985 as defined in the O.C.G.A. 44-4-20 through 44-4-31 , or use latitude and longitude coordinates based on the North American Datum of 1983.

(c) Boundaries. All administrative or political boundaries on maps submitted to the Department must include the latest available boundaries from the U.S. Census Bureau. In the event that the U.S. Census boundary map provided on the Department's website does not represent current municipal boundaries, due to recent annexations or de-annexations that have not yet been reported through the official U.S. Census Boundary and Annexation Survey update process, the plan preparer must use the most accurate representation of boundaries available. However, in cases where it is necessary to submit such alternate boundaries to the Department, the affected municipality is advised that O.C.G.A. 36-36-3 requires cities to report all annexations to the Department. Consequently, the municipality will be expected to participate in the next annual U.S Census Boundary and Annexation Survey to reconcile these differences in their boundary map.

History

• Authority: O.C.G.A. § 50-8-7.1(b)
• History. Original Rule entitled "Minimum Local Planning Standards" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 31, 2001; eff. Feb. 1, 2002, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 4, 2002; eff. Jan. 1, 2004, as specified by the Agency.
• Repealed: New Rule entitled "Community Participation Program" adopted. F. Apr. 7, 2005; eff. May 1, 2005, as specified by the Agency.
• Repealed: New Rule entitled "Procedures" adopted. F. Nov. 13, 2012; eff. Dec. 3, 2012.
• Repealed: New Rule of same title adopted. F. Feb. 6, 2014; eff. Mar. 1, 2014, as specified by the Agency.
• Amended: F. Sep. 11, 2018; eff. Oct. 1, 2018.

Ga. Comp. R. & Regs. r. 110-12-1-.05 Definitions

For the purpose of these rules, the following words shall have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A. 50-8-1, et seq., or O.C.G.A. 50-39-1 shall have the meanings contained therein. Terms not defined in these rules, nor in O.C.G.A. 50-8-1, et seq., or O.C.G.A. 50-39-1 shall have ascribed to them the ordinary accepted meanings such as the context may imply. For the purpose of these rules, the terms "shall" and "must" have the same meaning, are mandatory in nature, and are indicative of a requirement. The following terms and definitions shall be used to guide the implementation of the comprehensive planning process.

(1) 'Character Area' means a specific geographic area or district within the community that: · has unique or special characteristics to be preserved or enhanced (such as a downtown, a historic district, and arts district, a neighborhood, or a transportation corridor); · has potential to evolve into a unique area with more intentional guidance of future development through adequate planning and implementation (such as a strip commercial corridor that could be revitalized into a more attractive village development pattern); or · requires special attention due to unique development issues (rapid change of development patterns, economic decline, etc.). Each character area is a planning sub-area within the community where more detailed, small-area planning and implementation of certain policies, investments, incentives, or regulations may be applied in order to preserve, improve, or otherwise influence its future development patterns in a manner consistent with the Community Goals.

(2) 'Community' means the local jurisdiction (county or municipality) or group of local jurisdictions (in the case of a joint plan) that are preparing a local plan.

(3) 'Comprehensive Plan' means plan meeting these Minimum Standards and Procedures. The comprehensive plan must be prepared pursuant to the Minimum Standards and Procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the Department in accordance with O.C.G.A. 50-8-7.1(b) and 50-8-7.2 .

(4) 'Comprehensive Planning Process' means planning by counties or municipalities in accordance with the Minimum Standards and Procedures.

(5) 'Conflict' means any conflict, dispute, or inconsistency arising: · Between or among plans, or components thereof, for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented; · Between or among plans for any regions, as proposed, prepared, proposed to be implemented, or implemented; · Between or among plans, or components thereof, for any counties or municipalities and plans for the region which include such counties or municipalities, as such plans are proposed, prepared, proposed to be implemented, or implemented; · With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the Department; or · With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the Department.

(6) 'Core Elements' means the Community Goals, Needs and Opportunities, Broadband Element, and Community Work Program. These are the primary elements that must be included, at a minimum, in each community's Comprehensive Plan.

(7) 'County' means any county of this state.

(8) 'Days' means calendar days, unless otherwise specified.

(9) 'Density' means an objective measurement of the number of people or residential units allowed per unit of land, such as dwelling units per acre.

(10) 'Department' means the Department of Community Affairs established under O.C.G.A. 50-8-1 .

(11) 'Governing Body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority of a county or municipality.

(12) 'Infrastructure' means those man-made structures which serve the common needs of the population, such as: sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways.

(13) 'Local Government' means any county, municipality, or other political subdivision of the state.

(14) 'Metropolitan Planning Organization' means the federally designated agencies created in urban areas containing more than 50,000 people that are charged with conducting comprehensive, coordinated planning processes to determine the transportation needs of their respective constituencies, and prioritizing and programming projects (including bicycle and pedestrian projects) for federal funding.

(15) 'Minimum Standards and Procedures' means the Minimum Standards and Procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, for updates of comprehensive plans including update schedules, and for participation in the coordinated and comprehensive planning process.

(16) 'Mediation' means the process to be employed by the Department and Regional Commissions for resolving conflicts which may arise from time to time in the comprehensive planning process. Procedures and guidelines to govern mediation are as established by the Department pursuant to O.C.G.A. 50-8-7.1(d) .

(17) 'Municipality' means any municipal corporation of the state and any consolidated government of the state.

(18) 'Plan' means the comprehensive plan for any county or municipality.

(19) 'Plan amendment' means a change to the adopted plan that occurs between plan updates. Amendments of the adopted plan are appropriate when the conditions, policies, etc., on which the plan is based, have significantly changed so as to materially detract from the usefulness of the plan as a guide to local decision making, or when required by the Department as a result of changes to the Minimum Standards and Procedures.

(20) 'Plan update' means a more or less complete re-write of the plan, which shall occur approximately every five years, in accordance with the recertification schedule maintained by the Department.

(21) 'Planning' means the process of determining actions which state agencies, Regional Commissions, and local governments propose to take.

(22) 'Qualified Local Government' means a county or municipality that adopts and maintains a comprehensive plan as defined in these Minimum Standards and Procedures.

(23) 'Regional Commission' means a Regional Commission established under O.C.G.A. 50-8-32 .

(24) 'Regional Plan' means the comprehensive plan for a region prepared by the Regional Commission in accordance with the standards and procedures established by the Department.

(25) 'Rules for Environmental Planning Criteria' means those standards and procedures with respect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to O.C.G.A. 12-2-8 , including, but not limited to, criteria for the protection of water supply watersheds, groundwater recharge areas, wetlands, protected mountains and protected river corridors.

(26)

'Service Delivery Strategy' means the intergovernmental arrangement among municipal governments, the county government, and other affected entities within the same county for delivery of community services, developed in accordance with the Service Delivery Strategy law. To ensure consistency between the plan and the agreed upon strategy:

(1) the services to be provided by the local government, as identified in the plan, cannot exceed those identified in the agreed upon strategy and

(2) the service areas identified for individual services that will be provided by the local government must be consistent between the plan and Strategy. As provided in Code Section 36-70-28(b)(1) , Service Delivery Strategies must be reviewed, and revised if necessary, in conjunction with county comprehensive plan updates.

(27) 'Supplemental Planning Recommendations' means the supplemental recommendations provided by the Department to assist communities in preparing plans and addressing the Minimum Standards and Procedures. The plan preparers and the community are encouraged to review these recommended best practices where referenced in the Minimum Standards and Procedures and choose those that have applicability or helpfulness to the community and its planning process.

(28) 'Update Schedule' means: the schedule or schedules for updating comprehensive plans on an annual or five-year basis as provided for in paragraph (2)(b) of Section 110-12-1-.04 of these Rules. The term "Update Schedule" also means an additional schedule for the review of Service Delivery Strategy agreements by counties and affected municipalities on a ten-year basis in conjunction with comprehensive plan updates.

History

• Authority: O.C.G.A. § 50-8-7.1(b)
• History. Original Rule entitled "Additional Planning Elements" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 31, 2001; eff. Feb. 1, 2002, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 4, 2002; eff. Jan. 1, 2004, as specified by the Agency.
• Repealed: New Rule entitled "Community Agenda" adopted. F. Apr. 7, 2005; eff. May 1, 2005, as specified by the Agency.
• Repealed: New Rule entitled "Definitions" adopted. F. Nov. 13, 2012; eff. Dec. 3, 2012.
• Repealed: New Rule of same title adopted. F. Feb. 6, 2014; eff. Mar. 1, 2014, as specified by the Agency.
• Amended: F. Sep. 11, 2018; eff. Oct. 1, 2018.

Ga. Comp. R. & Regs. r. 110-12-1-.06 Repealed

History

• Authority: O.C.G.A. Sec. 50-8-7, 50-8-7.1
• History. Original Rule entitled "Minimum Procedural Standards" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 31, 2001; eff. Feb. 1, 2002, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Dec. 4, 2002; eff. Jan. 1, 2004, as specified by the Agency.
• Repealed: New Rule entitled "State Planning Goals and Objectives" adopted. F. Apr. 7, 2005; eff. May 1, 2005, as specified by the Agency.
• Repealed: F. Nov. 13, 2012; eff. Dec. 3, 2012.
• Repealed: F. Nov. 13, 2012; eff. Dec. 3, 2012.

Ga. Comp. R. & Regs. r. 110-12-1-.07 Repealed

History

• Authority: O.C.G.A. Sec. 50-8-7.1
• History. Original Rule entitled "Data and Mapping Specifications" adopted. F. Apr. 7, 2005; eff. May 1, 2005, as specified by the Agency.
• Repealed: F. Nov. 13, 2012; eff. Dec. 3, 2012.

Ga. Comp. R. & Regs. r. 110-12-1-.08 Repealed

History

• Authority: O.C.G.A. Sec. 50-8-7.1
• History. Original Rule entitled "Procedural Requirements" adopted. F. Apr. 7, 2005; eff. May 1, 2005, as specified by the Agency.
• Repealed: F. Nov. 13, 2012; eff. Dec. 3, 2012.

Ga. Comp. R. & Regs. r. 110-12-1-.09 Repealed

History

• Authority: O.C.G.A. Sec. 50-8-7.1
• History. Original Rule entitled "Definitions" adopted. F. Apr. 7, 2005; eff. May 1, 2005, as specified by the Agency.
• Repealed: F. Nov. 13, 2012; eff. Dec. 3, 2012.

Subject 110-12-2 Development Impact Fee Compliance Requirements

Ga. Comp. R. & Regs. r. 110-12-2-.01 Purpose

(1) General: The Georgia Development Impact Fee Act (O.C.G.A. § 36-71-1 et seq. ), passed during the 1990 session of the General Assembly, sets certain conditions, related to comprehensive planning, which must be met by local governments before an impact fee ordinance can be implemented. The Act requires local governments wishing to impose development impact fees to adopt a comprehensive plan which meets the Minimum Standards and Procedures for Local Comprehensive Planning and which contains the additional planning components outlined at 110-12-2-.03 .

(2) Applicability: The comprehensive planning requirements listed in this chapter apply to all local governments intending to implement a development impact fee ordinance pursuant to the Georgia Development Impact Fee Act.

(3) Effective Date: Unless otherwise provided for herein, the planning requirements contained in this chapter shall have an effective date of May 1, 1997, at which time the rules that were adopted for this purpose by the Board of Community Affairs in 1991 shall stand repealed.

History

• Authority: O.C.G.A. Sec. 50-8-7
• History. Original Rule entitled "Purpose" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-2-.02 Definitions

(1) General: For the purposes of this chapter, the following words shall have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in this chapter but defined in O.C.G.A. § 36-71-1 et seq , shall have the meanings contained in O.C.G.A. § 36-71-1 et seq. Terms not defined in this chapter, nor in O.C.G.A. § 36-71-1 et seq. , shall have ascribed to them ordinary accepted meanings such as the context may imply.

(2)

Definitions:

(a) 'Capital Improvement' means an improvement with a useful life of ten years or more, by new construction or other action, which increases the service capacity of a public facility.

(b) 'Capital Improvements Element' means a component of a comprehensive plan adopted pursuant to O.C.G.A. § 50-8-1 et seq. which sets out projected needs for system improvements during a planning horizon established in the comprehensive plan, a schedule of capital improvements that will meet the anticipated need for system improvements, and a description of anticipated funding sources for each required improvement.

(c) 'Comprehensive Plan' means a 20-year plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with O.C.G.A. 50-8-7.1(b) and 50-8-7.2 .

(d) 'Development Impact Fee' means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development.

(e) 'Level of Service' means a measure of the relationship between service capacity and service demand for public facilities in terms of demand to capacity ratios or the comfort and convenience of use or service of public facilities, or both.

(f) 'Project Improvements' means site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project and are not system improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or system improvement, and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a project improvement or a system improvement. If an improvement or facility provides or will provide more than incidental service or facilities capacity to persons other than users or occupants of a particular project, the improvement or facility is a system improvement and shall not be considered a project improvement. No improvement or facility included in a plan for public facilities approved by the governing body of the municipality or county shall be considered a project improvement.

(g)

'Public Facilities' means:

1. Water supply production, treatment and distribution facilities;

2. Wastewater collection, treatment and disposal facilities;

3. Roads, streets and bridges, including rights of way, traffic signals, landscaping and any local components of state or federal highways;

4. Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements;

5. Parks, open space and recreation areas, and related facilities;

6. Public safety facilities, including police, fire, emergency medical and rescue facilities; and

7. Libraries and related facilities.

(h) 'Service Area' means a geographic area defined by a municipality, county or intergovernmental agreement in which a defined set of public facilities provides service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles, or both.

(i) 'System Improvements' means capital improvements that are public facilities and are designed to provide service to the community at large, in contrast to 'project improvements!

History

• Authority: O.C.G.A. Sec. 50-8-7
• History. Original Rule entitled "Definitions" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-2-.03 Comprehensive Planning Requirements

(1) Purpose: Linking the implementation of a local development impact fee ordinance to the comprehensive planning process ensures that projected needs for system improvements are consistent with the needs and goals identified in the various other elements of the comprehensive plan. In addition, the identification of projected capital facilities needs based on levels of service established in the comprehensive plan provides a sound foundation for the calculation of impact fees.

(2)

Application:

The comprehensive planning requirements for compliance with the Georgia Development Impact Fee Act shall consist of:

(1) development of a Capital Improvements Element (CIE);

(2) a policy statement in support of certain exemptions, as determined by the local government;

(3) annual update of the CIE; and

(4)

amendment of the CIE as necessary.

(a)

Capital Improvements Element:

The Capital Improvements Element shall include, but not be limited to, the following items:

1. Projection of Needs: A projection of needs for system improvements during a planning horizon established in the comprehensive plan. To ensure consistency, the time frame used for projecting infrastructure needs shall coincide with the planning horizon used for the remainder of the comprehensive plan.

2. Schedule of Improvements: A schedule of capital improvements intended to meet the projected needs for system improvements identified in the comprehensive plan. At a minimum, improvements shall be scheduled over a five-year period, coinciding with the initial Short Term Work Program developed in the comprehensive plan. Thereafter, local governments shall annually update and maintain, at a minimum, a five-year schedule of system improvements within the Capital Improvements Element of their comprehensive plans.

3. Description of Funding Sources: A description of anticipated funding sources for each required improvement.

4. Designation of Service Areas and Levels of Service: The designation of one or more service areas within the community and the assignment of levels of service for public facilities within each service area. Once assigned to each service area, levels of service shall be used as the basis for calculating impact fees.

(b) Policy Statement for Exemptions: Local governments wishing to exempt all or portions of particular development projects from impact fees for the purposes of encouraging economic development and employment growth or affordable housing must include in the comprehensive plan a policy statement supporting such exemptions and must fund system improvements supporting such projects through revenue sources other than development impact fees.

(c)

Annual Update of the CIE:

Local governments which include CIEs in their comprehensive plans must update their entire Short Term Work Programs annually as specified at

110-12-1-.04(7)(a)

, Minimum Standards and Procedures for Local Comprehensive Planning, and CIE Updates must be submitted for review concurrently with these Short Term Work Program updates in accordance with the procedures outlined at

110-12-2-.04(9)

. CIE updates must include:

1. the Annual Report on impact fees required under O.C.G.A. 36-71-8 ; and

2. a new fifth year schedule of improvements, and any changes to or revisions of previously listed CIE projects, including alterations in project costs, proposed changes in funding sources, construction schedules, or project scope.

(d)

Amendments to the CIE:

The CIE must be amended in accordance with the procedures outlined at

110-12-2-.04(10)

whenever it is necessary for a local government to:

1. Redefine growth projections, land use assumptions or community goals that would affect system improvements proposed in the CIE;

2. Add new impact fee service areas or change the boundaries of existing impact fee service areas;

3. Change service levels established for an existing impact fee service area; or

4. Make any other revisions that might have a negative effect or major impact on another jurisdiction or authority.

(3) Support: The department will provide municipalities, counties and regional development centers with general guidance regarding the preparation of the required Capital Improvements Element and its incorporation into the comprehensive plan.

History

• Authority: O.C.G.A. Sec. 50-8-7
• History. Original Rule entitled "Comprehensive Planning Requirements" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-2-.04 Procedural Requirements

(1) General: Pursuant to O.C.G.A. 50-8-7.1(b) , the Department has established minimum procedural standards for use in the process of developing a CIE. The following procedures are to be used in the preparation, submittal, review, adoption, update, and amendment of a CIE for one of the categories of public facilities described under O.C.G.A. 36-71-2 .

(2) Compliance with Standards: All local governments intending to implement a development impact fee ordinance pursuant to O.C.G.A. 36-71-1 shall prepare, submit for review, and subsequently adopt a CIE that meets these planning standards and procedures on or before the date their impact fee ordinance goes into effect.

(3)

Public Participation:

All local governments must hold a minimum of two public hearings prior to the submittal of their draft CIE to the regional development center for review.

(a) At least one public hearing must be held prior to the development of the CIE to inform the public about the purpose of the CIE and the process to be followed in the preparation of the CIE, as well as to elicit community input on needs and goals. Local governments should follow the public hearing notification procedures they normally use in announcing and conducting public hearings.

(b) At least one additional hearing must be held just prior to the submittal of the draft CIE to the regional development center for review. The purpose of this hearing is to brief the community on the contents of the draft CIE, to provide an opportunity for residents to make suggestions, additions or revisions, and to notify the community of when the draft CIE will be submitted to the regional development center for review.

(4) CIE Submittal: The governing body of the submitting local government must take official action, by resolution, authorizing the transmittal of the draft CIE to the regional development center for review and certifying that the minimum public participation requirements have been met.

(5)

Review by Regional Development Center and the Department:

The Department shall review local ClEs for compliance with the Development Impact Fee Compliance Requirements. The regional development center shall review CIEs for internal consistency and for any conflicts with plans of local governments within the region, plans of contiguous local governments outside the region, or any regional plans. The procedures to be used in reviewing local ClEs are as follows:

(a)

Within ten days after receipt of a draft CIE, the regional development center shall notify the parties listed at 1. through 3., below, of the availability of the CIE for review and comment. This notification shall include, at a minimum, the name(s) of the submitting local government(s), the date of CIE submittal and the general nature of the CIE. Notice shall be provided to:

1. Local governments within the region that are contiguous to the submitting local government, and other local governments within the region that are likely to be affected by the CIE;

2. Local governments outside the region that are contiguous to the submitting local government, and their regional development center(s); and

3. Affected state agencies and the Department.

(b) Within 15 days after notifying the parties listed above, the regional development center shall conduct a hearing at which any local government, regional development center or state agency may present its views on the submitted CIE. The rules for conducting such hearings must be adopted by the board of directors of the regional development center and approved by the Department.

(c) Within 40 days of the date the CIE was originally submitted to the regional development center for review, the Department will provide the regional development center with its findings regarding its review of the CIE for compliance with the Development Impact Fee Compliance Requirements.

(d)

Within 50 days of the date the CIE was originally submitted to the regional development center for review, the regional development center must complete its review of the draft CIE and transmit its report of findings and recommendations to the local government. The regional development center's report shall combine the findings of the Department and the regional development center, to include:

1. a copy of the Department's findings from its review of the CIE for compliance with the Development Impact Fee Compliance Requirements;

2. a summary of the regional review hearing on the CIE, detailing any significant issues raised at the hearing or any written comments submitted by parties that reviewed the draft CIE;

3. the regional development center's findings from its review of the draft CIE for: internal consistency, conflicts, or opportunities for cooperation with other governments; and

4. the regional development center's recommendations for addressing any findings identified in its review of the draft CIE.

(e) A complete copy of the regional development center's report of findings and recommendations must be sent to the Department at the same time it is mailed to the local government.

(f) Within ten days after the regional development center's recommendation is made public, a submitting local government that disagrees with the recommendation may petition the regional development center for a "reconsideration hearing." This hearing shall be scheduled and held by the regional development center within 15 days after receipt of such a request. Within ten days after the reconsideration hearing, the Department and the regional development center shall either continue or modify their original recommendations and provide written notice of the decision to the submitting local government.

(g) Informal or formal mediation of conflicts relating to CIEs may be initiated in accordance with the Rules of Mediation of Interjurisdictional Conflicts adopted by the Board of Community Affairs.

(h) In no event shall a local government take any official action to adopt or put into effect a CIE prepared in accordance with the Development Impact Fee Compliance Requirements until at least 60 days after the CIE is first submitted to the regional development center for review. In cases where reconsideration is requested, the period shall be a minimum of 90 days.

(i) The regional development center shall notify the Department within seven days after being notified that the CIE prepared in accordance with the Development Impact Fee Compliance Requirements has been adopted.

(6)

Local Government Action:

(a)

If the Department determines that the CIE meets the Development Impact Fee Compliance Requirements, the local government may:

1. Adopt the CIE as submitted if no suggestions for improvement are made by the regional development center; or

2. Adopt the CIE, with or without any suggested improvements made by the regional development center.

3. In no event, however, shall a local government adopt a CIE that meets the Development Impact Fee Compliance Requirements until at least 60 days after the CIE is submitted to the regional development center for review.

(b)

If the Department determines that the CIE does not meet the Development Impact Fee Compliance Requirements, the local government may:

1. Revise the CIE based upon the Department's comments and submit the proposed revisions to the regional development center for review;

2. Disagree with the recommendation and request a reconsideration hearing; or

3. Disagree with the recommendation and adopt the CIE as originally submitted. However, for a local government to be in compliance with the Development Impact Fee Act, the CIE adopted must be approved by the Department as meeting the Development Impact Fee Compliance Requirements.

(7) Local CIE Adoption: The governing body of the submitting local government shall notify the regional development center, in writing, within seven days of the adoption of the CIE prepared in accordance with the Development Impact Fee Compliance Requirements. No such adoption shall occur until 60 days after the CIE is first submitted to the regional development center for review, or 90 days if reconsideration is requested.

(8) Department Action: Once the Department has been notified by the regional development center that a local government has adopted a CIE in accordance with the Development Impact Fee Compliance Requirements, the Department may issue a letter certifying the submitting local government as being in compliance with the Development Impact Fee Act. To retain this certification, a local government must remain in compliance with the requirements outlined in these Development Impact Fee Compliance Requirements.

(9)

Updates to CIEs and Short Term Work Programs:

Annual CIE and Short Term Work Program updates as described at

110-12-2-.03(2)(c)

, Comprehensive Planning Requirements, shall follow the submittal and review procedures outlined at

110-12-2-.04(3) through (8)

with the following exceptions:

(a) Only one public hearing must be held, for the purpose of informing the public of the intent to update the work program and receiving suggestions and comments on the proposed update.

(b)

The regional development center will determine, within ten (10) days of submittal, if the short term work program update affects the CIE's compliance with the Development Impact Fee Compliance Requirements:

1. If the regional development center determines that the update does not affect the CIE's compliance with the Development Impact Fee Compliance Requirements, the review process shall omit review by the Department as outlined at 110-12-2-.04(5)(c) , and the regional development center shall complete its review and transmit its report of findings as outlined at 110-12-2-.04(5)(d) within 40 days of the date the update was originally submitted to the regional development center for review.

2. If the regional development center determines that the annual Short Term Work Program update may affect the CIE's compliance with the Development Impact Fee Compliance Requirements, the review process shall continue as outlined at 110-12-2-.04(5) through (8) .

(c) The regional development center shall maintain a file of annual updates as they are submitted by local governments and shall make them available to interested parties upon request. The regional development center shall notify the Department that the local government has updated it Short Term Work Program in accordance with the requirements for annual Short Term Work Program updates contained in these Development Impact Fee Compliance Requirements.

(10)

CIE Amendments:

(a)

Proposed amendments to CIEs, as described at

110-12-2-.03(2)(d)

, Comprehensive Planning Requirements, shall follow the submittal and review procedures outlined at

110-12-2-.04(3) through (8)

, with the following exceptions:

1. Only one public hearing must be held, for the purpose of informing the public of the intent to amend the CIE and receiving suggestions and comments on the proposed amendment.

The regional development center will determine, within ten (10) days of submittal, if the proposed CIE amendment affects the CIE's compliance with the Development Impact Fee Compliance Requirements:

(i) If the regional development center determines that the proposed amendment does not affect the CIE's compliance with the Development Impact Fee Compliance Requirements, the review process shall omit review by the Department as outlined at 110-12-2-.04(5)(c) and the regional development center shall complete its review and transmit its report of findings as outlined at 110-12-2-.04(5)(d) within 40 days of the date the amendment was originally submitted to the regional development center for review.

(ii) If the regional development center determines that the proposed CIE amendment may affect the CIE's compliance with the Minimum Standards and Procedures, the review process shall continue as outlined at 110-12-2-.04(5) through (8) .

History

• Authority: O.C.G.A. Sec. 50-8-7
• History. Original Rule entitled "Procedural Requirements" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.

Subject 110-12-3 Developments of Regional Impact

Ga. Comp. R. & Regs. r. 110-12-3-.01 Purpose & Overview

(1) General. The Georgia Planning Act authorizes the Department of Community Affairs (the Department) to establish the specific thresholds, rules, and procedures for the identification of and communication about Developments of Regional Impact (DRI) that are provided in these rules. These rules are applicable to all local governments and Regional Commissions in the State. The intent of the DRI rules is: improved local, regional and state level communication about new growth in the State. Communication of this nature will aid in maximizing the positive benefits of new development projects while minimizing their adverse effects. The end result should improve development outcomes for the host jurisdiction, neighboring jurisdictions, the region, and the state. The DRI rules are also intended to coordinate, streamline, and provide consistency with the Georgia Regional Transportation Authority's (GRTA) required review and approval of state and federal expenditures required to create land transportation services and access to DRIs located within GRTA's jurisdictional area pursuant to O.C.G.A. 50-32-14 .

(2)

Overview.

The rules require that:

(a) Local governments considering action on any development project that may meet or exceed the thresholds specified in section 110-12-3-.05(1)(a) must submit the project to their Regional Commission for determination of whether it is a DRI.

(b) If the Regional Commission determines that the project is a DRI, the project must be handled in accordance with the procedures in Chapter 110-12-3-.02 DRI Communication Procedures. The local government may not take final action approving the project or any other action including but not limited to permitting while the DRI process is ongoing. See section 110-12-3-.03(4) for actions that the local government may take while the DRI process is underway.

(c) The Regional Commission will manage the distribution of information about the project to neighboring jurisdictions, potentially affected parties, and State entities and will coordinate a process guaranteeing those jurisdictions, parties, and entities an opportunity to provide official comment upon projects that may impact them.

(d) Upon the request of the host jurisdiction, the Regional Commission may evaluate the development project for its local impacts, economic benefits, potential effects on neighboring jurisdictions, consistency with quality growth principles and/or considerations identified in the Regional Commission's Regional Plan.

(e) At the completion of the DRI process, which shall not last more than 30 calendar days (unless process extensions are taken as provided for in section 110-12-3-.02(10)(b) ), the Regional Commission will assemble a report including comments received from neighboring jurisdictions, potentially affected parties, and State entities along with the results of any analysis it may have been requested to conduct pursuant to section (d), above, including any recommendations for maximizing potential positive outcomes and economic benefits, reducing potential adverse interjurisdictional impacts and other suggestions for improvement of the project. The local government is encouraged to consider the contents of the DRI report in making its decisions related to the project.

(3) Changes and Interpretation. These rules and regulations may from time to time be revised by the Department. The Department is the final authority for interpretation of these rules.

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "Purpose" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule of same title adopted. F. May 16, 2001; eff. July 1, 2001, as specified by the Agency.
• Repealed: New Rule entitled "Purpose and Overview" adopted. F. Nov. 22, 2004; eff. Jan. 1, 2005, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Feb. 13, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Apr. 11, 2012; eff. July 1, 2012.
• Repealed: New Rule of same title adopted. F. Feb. 6, 2014; eff. Mar. 1, 2014, as specified by the Agency.
• Repealed: New Rule entitled "Purpose & Overview" adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Ga. Comp. R. & Regs. r. 110-12-3-.02 DRI Communication Procedures

(1) Request for Action. Whenever a local government is considering action (see 110-12-3-.03(1) on a development project that meets or exceeds the DRI thresholds for that development type, the local government must require that the applicant (developer, builder, or landowner who is proposing the new development) provide enough information about the project to complete the DRI Information Form. This form is available on the Department's web site and is intended to: (1) identify basic information about the proposed project; (2) provide this information to the Regional Commission and GRTA (if the local government is located within GRTA's jurisdiction); and (3) provide information about the proposed project to affected parties upon which they may base their comments.

(2) DRI Notification. When completed, the host local government must electronically submit the DRI Information Form to the Regional Commission, GRTA (if the local government is located within GRTA's jurisdiction), and the Department using the DRI website. When completing this form, the local government should ascertain that plans for the proposed project are sufficiently finalized that no, or only minor, modifications of the proposed project are anticipated prior to project construction. The host local government may proceed with its development review process during the DRI process steps specified below, provided that it does not take final official action approving a project until the DRI process is completed and it has had adequate time to consider the Regional Commission's DRI report (see section 110-12-3-.03 (4) for more details).

(3) DRI Determination. Within 5 days of receiving a fully and accurately completed DRI Information form, the Regional Commission must evaluate whether the project is a DRI. The Regional Commission's determination of whether the project is a DRI shall be made in consultation with the host local government and considering the guidelines provided in section 110-12-3-.05(1) . The Regional Commission must then issue notice to the local government, applicant, GRTA (if the local government is located within GRTA's jurisdiction) and the Department using the DRI website, stating whether or not the project has been designated as a DRI. If applicable, the Regional Commission must also provide GRTA with a copy of all information submitted by the local government pertaining to the proposed development. GRTA will then review the project concurrently with the Regional Commission in accordance with GRTA's Principles and Procedures adopted pursuant to O.C.G.A § 50-32-1 et seq. If the Regional Commission determines the project is not a DRI, the process is terminated.

(4) Notice to Affected Parties and Comment Period. Within 5 days of issuing the DRI determination, the Regional Commission will provide a DRI information packet for review and comment to all affected parties. This packet shall include a project summary, a copy of the DRI Information Form, and any additional information the Regional Commission may have obtained regarding the project. The DRI information packet will also include a notice stating, at a minimum, the following: The beginning and end dates of a 15-day period during which the Regional Commission will accept comments for inclusion in the DRI report to be delivered to the host jurisdiction;The manner in which affected parties should submit comments; and,A list of all of the jurisdictions and affected parties receiving the notice.

(5)

DRI Report.

Within 5 days of the conclusion of the 15-day comment period, the Regional Commission must assemble a DRI report containing the following components. The materials presented in the DRI report are purely advisory and under no circumstances should be considered as binding or infringing upon the host jurisdiction's right to determine for itself the appropriateness of development within its boundaries.

(a) Comments from Affected Parties. The Regional Commission must include all of the comments received from affected parties in the DRI report.

(b) Regional Commission Comments. The report must also include the Regional Commission's assessment of any likely interjurisdictional impacts resulting from the proposed development and how the project relates to the policies, programs, and projects articulated in the Regional Plan and Regional Resource Plan.

(c) Evaluation and Recommendations. Upon request by the host jurisdiction, the Regional Commission may evaluate the development project for potential positive and negative outcomes. The Commission may provide recommendations intended to maximize the potential positive effects and economic benefits, minimize the project's local impacts and impacts upon neighboring jurisdictions, or otherwise further quality growth principles and/or the goals of the regional plan. The extent of this evaluation and recommendations shall be whatever the Regional Commission deems appropriate, but under no circumstance shall it delay the completion of the DRI process. The Regional Commission, in attempting to facilitate this optional activity, shall not compel the host government or applicant to provide information regarding the project beyond that routinely collected in the course of the DRI process.

(6) Notification Requirements. The DRI report must be transmitted to the local government, the applicant, the Department and all affected parties not more than 30 days after issuing the DRI determination (unless process extensions are taken as provided for in section 110-12-3-.02(10)(b)). Transmittal of the DRI report officially completes the DRI process.

(7) Local Government Action. After the DRI process is completed, the submitting local government may proceed with whatever final official action(s) it deems appropriate regarding the proposed project, but it is encouraged to take the materials presented in the DRI report into consideration when rendering its decision.

(8) Withdrawal of DRI. If, at any time during the DRI process, an applicant desires to withdraw a DRI project from the process, the local government must inform the Regional Commission in writing of the request. The Regional Commission must provide notice of this withdrawal to all affected parties, thereby concluding the DRI process.

(9) Alternative Dispute Resolution. Alternative dispute resolution of conflicts relating to the Developments of Regional Impact may be initiated in accordance with the process provided for Alternative Dispute Resolution for Inter-jurisdictional Conflicts (Rules of the Department of Community Affairs, Chapter 110-12-5) adopted by the Board of Community Affairs.

(10)

Optional Activities.

(a) Consultations. If, at any point during the DRI Communications Procedures covered in this chapter, it appears to the Regional Commission that the outcomes of the process would be improved by more direct communication, the Regional Commission may at its own discretion bring the local government, the applicant, and the affected parties together to discuss the development proposal, the DRI process, any comments received, or results of any evaluation conducted by the Regional Commission.

(b) Process Extensions. The Regional Commission's Executive Director may approve up to three 30-day extensions of the DRI process to permit negotiations, conflict resolution, or similar activities related to the project. An extension may be approved only upon receiving written request, submitted at any time during the DRI process, from two or more of the following parties: (1) the applicant; (2) the host local government; or (3) any affected party. Each additional 30-day extension must be requested and approved by the Regional Commission's Executive Director separately, and notice given to the local government, the applicant, and all affected parties.

(c) Appeals. In case of disagreement regarding the administration of DRI process, any of the following parties may submit a written request that the Department review how the DRI process was conducted: (1) the applicant, (2) the host local government, (3) the Regional Commission, or (4) any affected party. The Department will only act on appeals requested by at least two of these parties. The request for Department review may be submitted at any time during the DRI process, but no later than 5 days after the Regional Commission transmits the DRI Report. For duly submitted requests, the Board of Community Affairs may evaluate the situation and provide recommendations to resolve any procedural discrepancies that are identified.

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "Definitions" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule of same title adopted. F. May 16, 2001; eff. July 1, 2001, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 22, 2004; eff. Jan. 1, 2005, as specified by the Agency.
• Repealed: New Rule entitled "Determining if a Project Qualifies for DRI Review" adopted. F. Feb. 13, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule entitled "DRI Communication Procedures" adopted. F. Apr. 11, 2012; eff. July 1, 2012, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Feb. 6, 2014; eff. Mar. 1, 2014, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Ga. Comp. R. & Regs. r. 110-12-3-.03 Local Government Responsibilities

(1) The local government must follow the applicable procedures identified under DRI Communication Procedures detailed in Chapter 110-12-3-.02 when: 1) an applicant (developer, builder, or landowner who is proposing the new development) requests some type of local government action related to a proposed development project, such as, but not limited to, a request for rezoning, annexation, zoning variance, building or land disturbance permit, hookup to a water or sewer system, master or site plan approval, acceptance of a public street, signing off on a subdivision plat, comprehensive plan amendment, or entering into a contract; and 2) it appears that the proposed development may meet or exceed the applicable DRI thresholds.

(2) When a local government proposes a project that may meet or exceed the DRI thresholds, the local government becomes the applicant and must submit the project to the Regional Commission as a potential DRI. If a proposed development will be located in more than one jurisdiction and, in total, the proposed development meets or exceeds a DRI threshold, the local government in which the greatest acreage of the project is to be located is responsible for submitting the project to the Regional Commission as a potential DRI, and the regional commission that county lies in shall be the RC that processes the DRI.

(3) The host local government may proceed with its development review process during the DRI process, provided that it does not take final official action approving a project until the DRI process is completed and the local government has had adequate time to consider the Regional Commission's DRI report. It is intended that the DRI process should take place simultaneously with local development review procedures in order to minimize administrative delay for review and approval of large developments. Examples of local development review activities that may take place during the DRI process include, but are not limited to, preliminary staff administrative functions, project evaluation/assessment, community participation meetings and hearings, site visits, and planning commission meetings to discuss, but not vote on, the proposed local action that triggered the DRI process.

(4)

Failure of a local government to submit a project that exceeds the applicable DRI thresholds to the Regional Commission for determination of whether it qualifies as a DRI or to wait until the DRI process is completed before taking final action will result in the following corrective course of action:

(a) On the first occurrence, the Regional Commission staff will meet with the local government to carefully explain the DRI process, benefits of participating in this process, and possible consequences of not participating. Documentation of the occurrence of this meeting shall be provided to the Department.

(b) If, within two years of the meeting above, a local government again fails to submit a qualifying project or to wait until the DRI process is completed prior to taking final action the project, the Regional Commission shall inform the Department. The Board of Community Affairs will evaluate the situation and determine an appropriate response which may include suspension of the local government's Qualified Local Government status for a period of up to 1 year.

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "Thresholds" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule entitled "Tiers and Thresholds" adopted. F. May 16, 2001; eff. July 1, 2001, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 22, 2004; eff. Jan. 1, 2005, as specified by the Agency.
• Repealed: New Rule entitled "DRI Review Procedures" adopted. F. Feb. 13, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule entitled "Local Government Responsibilities" adopted. F. Apr. 11, 2012; eff. July 1, 2012, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Feb. 6, 2014; eff. Mar. 1, 2014, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Ga. Comp. R. & Regs. r. 110-12-3-.04 Regional Commission Responsibilities

(1) Each Regional Commission is encouraged to establish alternative DRI requirements, specifically tailored to the needs of their region, which may be either more restrictive or less restrictive than those promulgated by the Department in these rules. These alternative requirements may include: 1) alternative DRI thresholds; 2) alternative set of reviewable development types qualifying for DRI review; 3) Amendments to the DRI Communication Procedures. These alternative DRI requirements may apply to the entire region or to specific Areas Requiring Special Attention or Regionally Important Resources that are identified in the Regional Commission's Regional Plan. The alternative requirements must be developed and approved as follows: The Regional Commission must first solicit input about desired alternative DRI requirements from the local governments in its region and any potentially affected parties.The proposed alternative DRI requirements must be approved by a majority of the Regional Commission's Council and subsequently submitted to the Department for consideration.The Board of Community Affairs must adopt a resolution approving the alternative DRI requirements for that Regional Commission.

(2) Whenever a development is submitted to a Regional Commission for DRI determination by one of its constituent local governments, the Regional Commission must undertake the DRI Communication Procedures identified in Chapter 110-12-3-.02 . As appropriate or where duly requested, the Regional Commission may also undertake any of the optional activities identified in section 110-12-3-.02(10) .

(3)

Whenever, within 60 days of local final action on a project, it comes to the Regional Commission's attention that a local government has taken final action upon a project designated as a DRI prior to the completion of the DRI process, or has allowed a development that exceeds DRI thresholds to proceed without complying with DRI Communication Procedures, the Regional Commission must:

(a) Hold a meeting with the local government to carefully explain the DRI process, benefits of participating in this process, and possible consequences of not participating. Documentation of the occurrence of this meeting shall be provided to the Department.

(b) If, within two years of the meeting above, a local government again fails to submit a qualifying project or to wait until the DRI process is completed prior to taking final action the project, the Regional Commission shall inform the Department. The Board of Community Affairs will evaluate the situation and determine an appropriate response which may include suspension of the local government's Qualified Local Government status for a period of up to 1 year.

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "Duties and Responsibilities" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule of same title adopted. F. May 16, 2001; eff. July 1, 2001, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 22, 2004; eff. Jan. 1, 2005, as specified by the Agency.
• Repealed: New Rule entitled "Local Government Responsibilities" adopted. F. Feb. 13, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule entitled "Regional Commission Responsibilities" adopted. F. Apr. 11, 2012; eff. July 1, 2012, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Feb. 6, 2014; eff. Mar. 1, 2014, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Ga. Comp. R. & Regs. r. 110-12-3-.05 Determining if a Project is a DRI

(1)

Regional Commissions must use the following criteria to determine if a development project qualifies as a DRI. The determination of the Regional Commission is final; however, a determination by the Regional Commission that a project is not a DRI as herein defined will not affect GRTA's authority pursuant to O.C.G.A.

50-32-14

.

(a)

Meets or Exceeds DRI Thresholds.

1. The table below identifies the minimum DRI thresholds for each type of development and for two distinct planning tiers within the state. These population tiers are: (1) Metropolitan Areas, which include counties with population of 50,000 or more as defined by the most recent decennial U.S. Census; and (2) Non-Metropolitan Areas which include the remaining counties within the state. A map delineating these tiers is available from the Department. Regional Commissions and local governments within each county must utilize the appropriate thresholds associated with their population tier, unless the Regional Commission has adopted alternative thresholds for its region as provided in section 110-12-3-04(1). Proposed developments that do not equal or exceed these thresholds are not subject to the DRI Communication Procedures.

(2)

Thresholds Table.

These thresholds shall be construed liberally and applied to development proposals with the goals of: 1) facilitating intergovernmental communication intended to mitigate potential adverse impacts and to catalyze potential positive impacts with the potential to transcend jurisdictional boundaries; and, 2) fostering coordinated and comprehensive planning.

Developments of Regional Impact Development Thresholds

Type of Development

Metropolitan Tier

Non-Metropolitan Tier

(1) Airports

All new airports, runways and runway extensions

Any new airport with a paved runway; or runway additions of more than 25% of existing runway length

(2) Attractions & Recreational Facilities

Greater than 1,500 parking spaces or a seating capacity of more than 6,000

Greater than 1,500 parking spaces or a seating capacity of more than 6,000

(3) Commercial

Greater than 300,000 gross square feet or is anticipated to generate more than 10,000 trips per day

Greater than 175,000 gross square feet or is anticipated to generate more than 10,000 trips per day

(4) Correctional/ Detention Facilities

Greater than 300 new beds; or generating more than 375 peak hour vehicle trips per day

Greater than 200 new beds; or generating more than 250 peak hour vehicle trips per day

(5) Hospitals and Health Care Facilities

Greater than 300 new beds; or generating more than 375 peak hour vehicle trips per day

Greater than 200 new beds; or generating more than 250 peak hour vehicle trips per day

(6) Hotels

Greater than 400 rooms

Greater than 250 rooms

(7) Housing

Greater than 400 new lots or units

Greater than 125 new lots or units

(8) Industrial

Greater than 500,000 gross square feet; or employing more than 1,600 workers; or covering more than 400 acres

Greater than 175,000 gross square feet; or employing more than 500 workers; or covering more than 125 acres

(9) Intermodal Terminals

New Facilities

New Facilities

(10) Mixed Use

Gross square feet greater than 400,000 (with residential units calculated at either 1,800 square feet per unit or, if applicable, the minimum square footage allowed by local development regulations); or covering more than 120 acres; or if any of the individual uses meets or exceeds a threshold as identified herein

Gross square feet greater than 125,000 (with residential units calculated at either 1,800 square feet per unit or, if applicable, the minimum square footage allowed by local development regulations); or covering more than 40 acres; or if any of the individual uses meets or exceeds a threshold as identified herein

(11) Office

Greater than 400,000 gross square feet

Greater than 125,000 gross square feet

(12) Petroleum Storage Facilities

Storage greater than 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity greater than 200,000 barrels

Storage greater than 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity greater than 200,000 barrels

(13) Post-Secondary School

New school with a capacity of more than 2,400 students; or expansion by at least 25 percent of capacity

New school with a capacity of more than 750 students; or expansion by at least 25 percent of capacity

(14) Quarries, Asphalt & Cement Plants

New facility or expansion of existing facility by more than 50 percent

New facility or expansion of existing facility by more than 50 percent

(15) Solar Power Generation Facility

300 acres or more

500 acres or more

(16) Technological Facility (Including Data Centers)

Greater than 500,000 gross square feet; or covering more than 200 acres

Greater than 500,000 gross square feet; or covering more than 200 acres

(17) Truck Stops

A new facility with the capacity to fuel 10 or more trucks simultaneously; and, either one acre of truck parking or 20 truck parking spaces

A new facility with the capacity to fuel 10 or more trucks simultaneously; and, either one acre of truck parking or 20 truck parking spaces

(18) Waste Handling Facilities

New facility or expansion of use of an existing facility by 50 percent or more

New facility or expansion of use of an existing facility by 50 percent or more

(19) Wastewater Treatment Facilities

New major conventional treatment facility or expansion of existing facility by more than 50 percent; or community treatment facilities exceeding 150,000 gallons per day or serving a development project that meets or exceeds an applicable threshold as identified herein

New major conventional treatment facility or expansion of existing facility by more than 50 percent; or community treatment facilities exceeding 150,000 gallons per day or serving a development project that meets or exceeds an applicable threshold as identified herein

(20) Water Supply Intakes/Public Wells/Reservoirs/ Treatment Facilities

New Facilities

New Facilities

(21) Wholesale Distribution

Greater than 500,000 gross square feet

Greater than 175,000 gross square feet

(22) Any other development types (includes parking facilities)

1000 parking spaces or, if available, more than 5,000 trips generated

1000 parking spaces or, if available, more than 5,000 trips generated

1. When it is not easily determined whether a project equals or exceeds the applicable DRI threshold, the Regional Commission must consider the following factors in making its determination: Speculative Developments . If final development type is difficult to determine because project tenants have not yet been identified, use the thresholds for the highest intensity development type allowed by current land use regulations. If there are no such local development regulations, estimate the likely type and scale of development based on the real estate market potential of the project site Multi-phased Developments. Applicants shall submit all phases of the project at inception of the project, rather than submitting each phase one at a time. However, if the applicant seeks local government approvals for smaller phases individually, the determination of whether the project is in fact a multi-phased development should be based on considerations as to whether a master plan has been prepared for the overall project or whether any approvals have been sought for the entire project as a unit. If the multi-phased nature of the project cannot be established in advance, whenever a phase is submitted for approval that, when combined with all previously approved phases of the project built during the past five years, cumulatively equals or exceeds the applicable DRI threshold, the proposed new phase, plus the previously completed phases, and any incomplete portions of the project must be submitted as a DRI. Multiple Land Parcels. If parts of the project are located on separate land parcels, the decision whether the project is a single (perhaps multi-phased) development, or actually separate projects should be based on such considerations as whether the separate parcels are owned by the same entity, whether a master plan has been prepared for the overall project, or whether any approvals have been sought for the overall project as a unit.

(b)

Project Specificity.

Frequently, proposed development projects are submitted for a DRI determination before project specifics are available, such as at the time of an initial rezoning of a large tract of land, establishment of an industrial park, etc. In such cases, the Regional Commission must make a determination of whether the project should proceed through the DRI process presently and/or should be resubmitted when project specifics become available. In making this determination, the Regional Commission must consider factors including, but not limited to:

1. Whether the potential for project impacts is likely to change substantially once project specifics are clarified.

2. The benefit of an earlier notification to affected parties, in terms of need to plan infrastructure expansions well in advance of development, or act otherwise to mitigate potential interjurisdictional impacts.

(c)

Project Changes.

The Regional Commission may determine that a previously submitted DRI is nevertheless subject to another round of comment by affected parties if the project changes are substantial enough to warrant this. Such determination should be made after consultation with the host government and affected parties. Examples of project changes that may lead a Regional Commission to determine that an additional comment opportunity is warranted include but are not limited to: substantial increase of project size or substantial change in the mix of uses (based on the applicable measures used for the DRI thresholds). In making this determination, the Regional Commission must consider such factors as:

1. Whether the potential for project impacts will change substantially for the altered project.

2. Whether significant time has passed since the previous DRI process (thus increasing likelihood that the views of affected parties on the project have changed).

(d)

Redevelopment.

The local government must follow the applicable procedures identified under DRI Communication Procedures detailed in Chapter

110-12-7-.02

when it appears that the proposed redevelopment may meet or exceed the applicable DRI thresholds, even if the previous development on the site as processed as a DRI. The Regional Commission shall review the information provided by the local government to determine if the redevelopment should be processed as a DRI. The Regional Commission shall assess the entirety of the site when determining if an applicable threshold has been met or exceeded. If the commission finds that a threshold has been met or exceeded, it shall consider additional factors in determining if a redevelopment should be processed as a DRI. Such factors include, but are not limited to:

1. The extent to which the proposed project differs from the current site conditions (e.g., land use, utility and infrastructure demand, trip generation, etc.)

2. Whether the potential for project impacts is likely to change substantially once the site is redeveloped (or during construction).

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "DRI Review Procedures" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule entitled "DRI Review Procedures for Projects Not Located in GRTA's Jurisdictional Area" adopted. F. May 16, 2001; eff. July 1, 2001, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 22, 2004; eff. Jan. 1, 2005, as specified by the Agency.
• Repealed: New Rule entitled "Regional Commission Responsibilities" adopted. F. Feb. 13, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule entitled "Determining if a Project is a DRI" adopted. F. Apr. 11, 2012; eff. July 1, 2012, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Feb. 6, 2014; eff. Mar. 1, 2014, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Ga. Comp. R. & Regs. r. 110-12-3-.06 Definitions

(1)

For the purpose of these rules, the following words will have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A. 50-8-1 et seq., will have the meanings contained therein. Terms not defined in these rules, or in O.C.G.A.

50-8-1

et seq., will have ascribed to them the ordinary accepted meanings such as the context may imply.

(a) 'Affected Parties' means: 1) any local governments within geographic proximity that may be impacted by a DRI project located outside of its jurisdictional limits; and 2) any local, state, or federal agencies and subsidiary entities (e.g., local or regional authorities, state and regional water councils, etc.) including the Department that could potentially have concern about a project's impact on regional systems and resources (as appropriate, this may include local and state entities bordering Georgia); 3) Georgia Regional Transportation Authority, if the proposed project is located within GRTA's jurisdiction; and 4) the host Regional Commission plus any Regional Commission within geographic proximity that could potentially have concern about a project's impact on regional systems and resources. This term should be liberally construed to ensure that all potentially affected local governments, public agencies, or Regional Commissions are included in the DRI Communication Procedures.

(b) 'Council' means the Board of Directors of a Regional Commission as per O.C.G.A. 50-8-32 .

(c) 'Days' means calendar days.

(d) 'Department' means the Department of Community Affairs.

(e) "Final Action" means a vote by the governing authority of the host local government that is considering action on a proposed project.

(f) 'Georgia Regional Transportation Authority (GRTA)' means the authority created by O.C.G.A. 50-32-1 et seq.

(g) GRTA's Jurisdictional Area' means counties that are under the jurisdiction of the Georgia Regional Transportation Authority.

(h) 'Gross Square Footage' means areas of each floor of a building, measured from the exterior faces of the exterior walls or from the centerline of a wall separating two buildings. The gross square footage measurement is exclusive of areas of unfinished basements, unfinished cellars, unfinished attics, attached or detached garages, space used for off street parking or loading, breezeways, enclosed or unenclosed porches and accessory structures.

(i) 'Incomplete Portion of the Project' means any part of a development project that is not completed to the point of being ready for occupancy or, if applicable, the final certificate of occupancy has not yet been issued by the local government.

(j) 'Interjurisdictional' means among two or more local governments or Regional Commissions.

(k) 'Local Government' means any county, municipality, consolidated government or other political subdivision of the state.

(l) 'Metropolitan' means all local governments located within counties with a population of 50,000 persons or more, according to the most recent U.S. Census.

(m) 'Non-metropolitan' means all local governments within counties with a population less than 50,000 persons according to the most recent U.S. Census.

(n) 'Project' means any proposed development outlined in section 110-12-3-.05(1) above.

(o) 'Redevelopment' consists of new and existing construction on previously developed sites. This can include the clearing or rehabilitation of existing structures, on a site that was previously developed. Redevelopment may also include the introduction of a new development type to a previously developed site.

(p) 'Regional Commission' means a regional commission established under O.C.G.A. 50-8-32 .

(q) 'Regionally Important Resource' means any natural or cultural resource area identified for protection by an Regional Commission following the minimum requirements established by the Department.

(r) 'Regional Plan' means the comprehensive plan for a region prepared by the Regional Commission in accordance with the requirements established by the Department.

(s) 'Regional Resource Plan' means a plan for management and protection of the Regionally Important Resources in the region, developed by the Regional Commission following the procedures established by the Department.

(t) 'Threshold' means a level of development beyond which a project is likely to affect areas or regions outside the boundaries of the local government in which the project occurs.

(2)

Definitions for Types of Development.

The following definitions must be used to identify the types of development that qualify for the development thresholds listed in the thresholds table above.

(a) 'Airports' means land areas and related facilities that are maintained for the landing and takeoff of aircraft and for receiving and discharging passengers and/or cargo, including facilities intended for use by traditional and vertical takeoff and landing (VTOL) equipment.

(b) 'Attractions & Recreational Facilities' means an establishment or set of establishments that provide leisure time recreational or entertainment activities occurring in either an indoor or outdoor setting.

(c) 'Commercial' means activities within land areas that are predominantly associated with the sale of goods and/or services.

(d) 'Hospitals and Health Care Facilities' means a structure, or set of structures, primarily intended to provide health care services for human in-patient medical or surgical care for the sick and injured.

(e) 'Hotels' means establishments that provide temporary lodging and may also provide food and beverage service, entertainment, and/or convention services.

(f) 'Housing' means land areas used predominantly for residential purposes, including one family, two family, and multiple family dwellings.

(g) 'Industrial' means activities within land areas predominantly connected with manufacturing, assembly, processing or storage of products.

(h) 'Mixed Use' means a type of development that is comprised of multiple land uses (e.g. commercial, residential, office, etc.) which may also include multiple density and intensity of each use.

(i) 'Office' means a building(s) wherein services are performed involving predominantly administrative, professional, or clerical operations.

(j) 'Petroleum Storage Facilities' means facilities used to store gasoline, motor fuel, or other petroleum products.

(k) 'Post-Secondary Schools' means the facilities (buildings, open space, dormitories, recreational facilities, and parking) of public and private vocational and technical schools, and colleges and universities.

(l) 'Quarries, Asphalt & Cement Plants' Quarries means an open excavation used for obtaining building stone, slate, or limestone. The terms 'Asphalt' and 'Cement Plants' are self- explanatory. This includes ready-mix concrete plants.

(m) 'Solar Power Generation Facility' means a facility designed to convert sunlight into electricity using various technologies. This can include photovoltaic (PV) systems, which use solar panels to convert sunlight directly into electricity, concentrated solar power (CSP) systems, which use mirrors to concentrate sunlight and generate heat to drive turbines, or other means. For the purposes of these standards, this does not include power generation intended primarily for on-site consumption or other installations not intended primarily for the commercial production and eventual sale of electricity.

(n) 'Technological Facilities' means activities within land areas predominantly associated with collecting, creating, producing, generating, assembling, processing, analyzing, storing, computing, managing, relaying, transmitting or otherwise interacting with data, digital information, or any other computational resources. This includes, but is not limited to, data centers.

(o) 'Truck Stops' means an establishment that provides fuel, parking, and related goods, services, and/or amenities to primarily support interstate truck transportation. Such facilities do not include convenience stores that have the primary purpose of selling goods and services to support the traveling public.

(p) 'Intermodal Terminals' means an area and building where the mode of transportation for cargo or freight changes and where the cargo and freight may be broken down or aggregated in smaller or larger loads for transfer to other land based vehicles. Such terminals do not include airports or seaports or facilities primarily intended for the transfer of people from passenger rail to other modes.

(q) 'Waste Handling Facilities' means structures or systems designed for the collection, processing or disposal of solid waste, including hazardous wastes, and includes transfer stations, processing plants, recycling plants, and disposal systems.

(r) 'Wastewater Treatment Facilities' means structures or systems designed for the treatment of sewage. This definition does not include individually-owned septic tanks but may include community-scale land application and/or spray fields.

(s) 'Wholesale and Distribution' means activities within land areas that are predominantly associated with the receipt, storage, and distribution of goods, products, cargo and materials.

(t) 'Water Supply Intakes/Public Wells/Reservoirs/Treatment' means facilities constructed, excavated, drilled, dug or impounded that are used for the supply or pre-consumption purification of potable water for general public consumption.

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "Pre-Review Procedures in GRTA's Jurisdictional Area" adopted. F. May 16, 2001; eff. July 1, 2001, as specified by the Agency.
• Repealed: New Rule entitled "DRI Review Procedures for Projects Located in GRTA's Jurisdictional Area" adopted. F. Nov. 22, 2004; eff. Jan. 1, 2005, as specified by the Agency.
• Repealed: New Rule entitled "Definitions" adopted. F. Feb. 13, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New rule with same title adopted. F. Apr. 11, 2012; eff. July 1, 2012, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Feb. 6, 2014; eff. Mar. 1, 2014, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Ga. Comp. R. & Regs. r. 110-12-3-.07 Repealed

History

• Authority: O.C.G.A. Secs. 50-8-7.1et seq
• History. Original Rule entitled "DRI Regional Review Procedures in GRTA's Jurisdictional Area" adopted. F. May 16, 2001; eff. July 1, 2001, as specified by the Agency.
• Repealed: F. Nov. 22, 2004; eff. Jan. 1, 2005, as specified by the Agency.
• Amended: New Rule entitled "Development Thresholds" adopted. F. Feb. 13, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: F. Apr. 11, 2012; eff. July 1, 2012 as specified by the agency.

Subject 110-12-4 Regionally Important Resources

Ga. Comp. R. & Regs. r. 110-12-4-.01 Purpose and Overview

(1) General. The Georgia Planning Act authorizes the Department of Community Affairs (the Department) to establish specific rules and procedures for the identification of Regionally Important Resources, development of a plan for protection and management of these resources, and for review of activities potentially impacting these resources. These specific rules and procedures are provided herein and are applicable to all local governments and Regional Commissions in the State. The intent of the these rules and procedures is: (1) enhanced focus on protection and management of important natural and cultural resources throughout the state; (2) careful consideration of, and planning for, impacts of new development on these important resources; and (3) improved local, regional and state level coordination in protecting and managing of these important resources.

(2)

Overview.

The rules require that:

(a) Regional Commissions involve regional stakeholders in a comprehensive effort to identify the important natural and cultural resources in the region.

(b)

Regional Commissions prepare a comprehensive

Regional

Resource Plan

for protection and management of the identified resources. This plan must include the following components:

(1) a Regionally Important Resource Map for the region that includes all of the important natural and cultural resources and attempts to link these to form a continuous regional green infrastructure network;

(2) Guidance for Appropriate Development Practices that should be utilized by developers for designing new developments to be located within one mile of Regionally Important Resources; and

(3) General Policies and Protection Measures that should be utilized by local governments in making decisions that affect Regionally Important Resources. (Specific requirements for this plan are covered in more detail in section 110-12-4-.02(2) .)

(c) The Regional Resource Plan is submitted for review and comment by the Department and other affected parties before it is formally adopted and implemented by the Regional Commission. (Specific procedures for this review are covered in more detail in section 110-12-4-.02(3) .)

(d) The Regional Resource Plan is utilized in subsequent development of the Regional Plan and is actively promulgated by the Regional Commission in an effort to coordinate activities and planning of local governments, land trusts and conservation or environmental protection groups active in the region, and state agencies toward protection and management of the identified Regionally Important Resources. (Specific requirements for promulgating the plan are covered in more detail in section 110-12-4-.02(4) .)

(3) Changes and Interpretation. These rules and regulations may from time to time be revised by the Department pursuant to the Administrative Procedure Act . The Department is the final authority for interpretation of these rules.

History

• Authority: O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq
• History. Original Rule entitled "Purpose" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: New Rule entitled "Purpose and Overview" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-4-.02 Designation of Regionally Important Resources

(1)

Regionally Important Resource Nominations.

The Regional Commission must seek nominations from individuals, interested organizations (such as land trusts, conservation or environmental protection groups active in the region), local governments and governmental agencies for important natural or cultural resources located within the region. These nominations will be considered by the Regional Commission in developing the Regional Important Resources Map for the region (see section

110-12-4-.02(2)(a)2.

below). All nominations must include:

(a) A narrative of the resource's value and vulnerability which addresses the regional importance of the resource and indicates the degree to which the resource is threatened or endangered.

(b) A map of the recommended resource boundaries that also identifies any municipal or county boundaries falling within the proposed resource boundaries.

(2)

Preparation of the Regional Resource Plan.

The Regional Commission shall prepare a

Regional Resource Plan

for protection and management of the important natural and cultural resources located within the region. The Regional Commission shall seek advice from affected local governments and stakeholders at appropriate points during development of the

Regional Resource Plan

. This plan must include the following components.

(a)

Regionally Important Resources Map.

Include a detailed map of the recommended resource boundaries that includes all of the important natural or cultural resources in the region. A written description of the methodology utilized to determine the boundaries must be included. This map will also be used in preparation of the Projected Development Patterns Map as specified in the Regional Planning Requirements, DCA Rules Chapter

110-12-6-.03

. All resources mapped on the Regionally Important Resources Map shall also automatically be considered as Areas Requiring Special Attention (ARSAs) as specified in the Regional Planning Requirements, DCA Rules Chapter

110-12-6-.03

. Use the following guidelines in creating this map:

1. Begin by mapping all resources identified by the Georgia Department of Natural Resources as State Vital Areas. This includes Coastal Marshes, Salt Marshes, Tidal Wetlands and resources covered by the Environmental Planning Criteria (see definition at section 110-12-4-.03 ). For the resources covered by the Environmental Planning Criteria , map only the critical protection areas as provided in the Criteria (e.g., required buffer zones, jurisdictional wetlands, high pollution susceptibility groundwater recharge areas, etc.).

2. Evaluate the value and vulnerability of all resources nominated by regional stakeholders as provided at section 110-12-4-.02(1) . All of these resources that the Regional Commission determines have sufficient value and vulnerability to be considered regionally important should be added to the above map.

3. Add any natural or cultural resource areas in the region that are already preserved (such as state parks, wildlife management areas, conservation easements, etc.) to the above map.

4. Add other natural or cultural resources that were not nominated, but that the Regional Commission determines should be included, to the above map. In determining other resources to be added to the Regionally Important Resources Map , the Regional Commission must consider the resource identification work of state agencies and environmental protection organizations identified in the Protection Resources Listing maintained by the Department. This listing includes such resources as the GA Land Conservation Plan, GA Wildlife Action Plan, and the GA Statewide Comprehensive Outdoor Recreation Plan (SCORP).

5. Include linkages between resources mapped above to form, to the maximum feasible extent, a continuous regional green infrastructure network (see definition in Chapter 110-12-4-.03 ).

(b) Guidance for Appropriate Development Practices. The Regional Resource Plan must include a listing of best practices to be considered by developers for designing new developments to be located within one mile of any area included on the Regionally Important Resource Map above. This listing will also be used by the Regional Commission for reviewing Developments of Regional Impact (DRI) located within one mile of any area included on the Regionally Important Resource Map . This list must include standards for development within Regionally Important Resource areas specific enough to enable DRIs to be reviewed for consistency with these standards.

(c)

General Policies and Protection Measures.

The

Regional Resource Plan

must include a list of

General Policies and Protection Measures

recommended for appropriate management of the areas included on the

Regionally Important Resources Map

. At a minimum, this list should include recommended local government policies and ordinances intended primarily as guidance for local governments in planning or decision-making that affects the Regionally Important Resource area. But the Regional Commission will also utilize the

General Policies and Protection Measures

for:

1. Reviewing local comprehensive plans for consistency with regional plans as provided in the Local Planning Requirements, Chapter 110-12-1-.08 .

2. Encouraging local governments and other actors in the region to adopt protection measures, policies, and enhancement activities that will promote protection of these areas included on the Regionally Important Resource Map , as provided at section 110-12-4-.02(4) .

(3)

Transmittal and Review of the Regional Resource Plan.

Upon completion, the Regional Commission must submit its

Regional Resource Plan

to the Department for review.The

Regional Resource Plan

must be transmitted prior to the deadline specified in the

Schedule for Regional Planning

maintained by the Department.

(a) Regional Hearing. A regional hearing must be held once the Regional Resource Plan has been drafted and made available for public review, but prior to its transmittal to the Department for review. The purpose of this hearing is to brief the regional stakeholders on the contents of the Regional Resource Plan and provide an opportunity for stakeholders to make final suggestions, additions or revisions. Once stakeholder comments have been addressed, the Regional Resource Plan must be transmitted to the Department by resolution of the Council.

(b) Completeness Check. The Department shall determine whether the Regional Resource Plan is complete, within 7 days of its receipt. A Regional Resource Plan that does not meet the standard for completeness (as determined by the Department) shall be deemed incomplete and shall not be accepted for further review by the Department. The Department shall notify the Regional Commission of its findings regarding the completeness of the submittal and identify items that must be submitted, if any, prior to further processing.

(c) Notification of Interested Parties. Once the Department has determined that the Regional Resource Plan is complete, it shall immediately notify any affected parties of the availability of the Regional Resource Plan for review and comment, providing the name of the Regional Commission, the general nature of the Regional Resource Plan , and a deadline by which comments must be received.

(d) Review of the Regional Resource Plan. The Department shall review the Regional Resource Plan for its adequacy at addressing the planning requirements and for thoroughness in identifying Regionally Important Resources and a region-wide green infrastructure network. The Department may also offer advisory comments for improving the Regional Resource Plan for consideration by the Regional Commission.

(e)

Final Report of Findings and Recommendations.

Within 60 days after certification of the completeness of the

Regional Resource Plan

, the Department must transmit a final report of its findings and recommendations to the Regional Commission. The report will include:

1. Comments submitted by interested parties that reviewed the Regional Resource Plan ;

2. The Department's findings and recommendations resulting from its review of the Regional Resource Plan .

(f) Alternative Dispute Resolution. Alternative dispute resolution of conflicts relating to the Regional Resource Plan may be initiated in accordance with the Rules for Alternative Dispute Resolution adopted by the Board of Community Affairs.

(g) Adoption of the Regional Resource Plan. Once the Regional Resource Plan has been found by the Department to be in compliance with requirements, the Council may adopt the Regional Resource Plan with or without incorporating any recommendations for improvement included in the Department's report of findings and recommendations. In order to maintain eligibility for state funding, the Regional Commission must adopt the Regional Resource Plan prior to the deadline specified in the Schedule for Regional Planning maintained by the Department.

(h) Notification of Adoption. Within 7 days of adoption of a Regional Resource Plan , the Regional Commission shall notify the Department that the plan has been adopted by the Council.

(i) Certification. Once notified by the Regional Commission of adoption of a Regional Resource Plan , the Department may issue a letter certifying this Regional Commission as eligible for state funding. To retain this certification, a Regional Commission must remain in compliance with the requirements outlined in these requirements and O.C.G.A. 50-8-2(a)(18) .

(4)

Promulgating the Regional Resource Plan.

Once adopted, the

Regional Resource Plan

must be promulgated within the region by the Regional Commission as follows:

(a)

Consult with all local governments in the region to encourage them to:

1. Include the areas on the Regionally Important Resource Map as conservation areas in their local comprehensive plan;

2. Adopt protection measures, policies, and enhancement activities that will promote protection of these areas; and

(b) Consult with all land trusts and conservation or environmental protection groups active in the region to encourage them to coordinate their activities to foster protection of the areas identified on the Regionally Important Resources Map .

(c) Following initial contact by DCA, the Regional Commission must consult with staff of the Governors Land Conservation Council, the Department of Natural Resources, and other appropriate state agencies to encourage them to coordinate their activities with the Regional Resource Plan . (For example, the Governor's Land Conservation Council could be encouraged to give higher priority for funding to the areas identified on the Regionally Important Resources Map .)

History

• Authority: O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq
• History. Original Rule entitled "Definitions" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: New Rule entitled "Designation of Regionally Important Resources" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-4-.03 Definitions

(1)

For the purpose of these rules, the following words will have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A.

50-8-1

et seq.

, will have the meanings contained therein. Terms not defined in these rules, or in O.C.G.A.

50-8-1

et seq

.

, will have ascribed to them the ordinary accepted meanings such as the context may imply.

(a)

"Affected Parties" means:

1. any local governments located inside the region;

2. any local, state, or federal agencies including the Department that have interest in protection and management of Regionally Important Resources;

3. the host Regional Commission as well as Regional Commission s that are contiguous to the region or that are likely to be affected by the Regional Resource Plan; and

4. any private or non-profit sector organizations that have interest in protection and management of Regionally Important Resources and that are active in the region. This term should be liberally construed to ensure that all potentially affected local governments, public agencies, private or non-profit organizations are included.

(b) "Council" means the Board of Directors of a Regional Commission.

(c) "Days" means calendar days.

(d) "Department" means the Department of Community Affairs.

(e) "Development of Regional Impact" means any project that exceeds the minimum thresholds established by the Department.

(f) "Environmental Planning Criteria" means the standards and procedures with respect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to O.C.G.A. 12-2-8 , including, but not limited to, criteria for the protection of water supply watersheds, groundwater recharge areas, wetlands, protected mountains and protected river corridors.

(g) "Green Infrastructure Network" means a strategically planned and managed network of wilderness, parks, greenways, conservation easements, and working lands with conservation value that benefits wildlife and people, supports native species, maintains natural ecological processes, sustains air and water resources, links urban settings to rural ones, and contributes to the health and quality of life for the communities and citizens sharing this network. The network should encompasses a wide range of elements, including: natural areas - such as wetlands, woodlands, waterways, and wildlife habitat; public and private conservation lands - such as nature preserves, wildlife corridors, greenways, and parks; and public and private working lands of conservation value - such as forests, farms, and ranches. It should also incorporate outdoor recreation and trail networks.

(h) "Interjurisdictional" means among two or more local governments or Regional Commissions.

(i) "Local Government" means any county, municipality, consolidated government or other political subdivision of the state.

(j) "Qualified Local Government" means a county or municipality that: Adopts and maintains a comprehensive plan in conformity with the local planning requirements; Establishes regulations consistent with its comprehensive plan and with the local planning requirements; and Does not fail to participate in the Department's mediation or other means of resolving conflicts in a manner in which, in the judgment of the Department, reflects a good faith effort to resolve any conflict.

(k) "Region" means the territorial area within the boundaries of operation of an Regional Commission.

(l) "Regional Commission" means any commission established under O.C.G.A. 50-8-32 (effective July 1, 2009).

(m) "Regionally Important Resource" means any natural or cultural resource area identified for protection by an Regional Commission following the minimum requirements established by the Department.

(n)

"Regional Resource Plan" means a plan for management and protection of the Regionally Important Resources in the region. It includes the following components:

(1) a Regionally Important Resource Map for the region;

(2) Guidance for Appropriate Development Practices that should be utilized by developers for designing new developments to be located within one mile of Regionally Important Resources; and

(3) General Policies and Protection Measures that should be utilized by local governments in making decisions that affect Regionally Important Resources.

(o) "State Planning Recommendations" means the supplemental guidance provided by the Department to assist local governments and Regional Commission s in preparing and implementing local and regional plans.

History

• Authority: O.C.G.A. Secs. 12-2-8, 50-8-1et seq., 50-8-7, 50-8-7.1et seq., 50-8-32
• History. Original Rule entitled "Duties and Responsibilities" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: New Rule entitled "Definitions" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-4-.04 Repealed

History

• Authority: O.C.G.A. Sec. 50-8-7, 50-8-7.1et seq
• History. Original Rule entitled "Designation of Regionally Important Resources" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-4-.05 Repealed

History

• Authority: O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq
• History. Original Rule entitled "Regional Resource Plan" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-4-.06 Repealed

History

• Authority: O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq
• History. Original Rule entitled "Regionally Important Resource Review Procedures" adopted. F. Mar. 21, 1997; eff. May 1, 1997, as specified by the Agency.
• Repealed: F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Subject 110-12-5 Alternative Dispute Resolution for Inter-Jurisdictional Conflicts

Ga. Comp. R. & Regs. r. 110-12-5-.01 Purpose and Overview

(1)

General.

The Georgia Planning Act authorizes the Department of Community Affairs (the Department) to establish procedures and guidelines for mediation or other means of resolving conflicts related to local plans, regional plans, Developments of Regional Impact, and Regionally Important Resources. These specific rules and procedures are provided herein and are applicable to all local governments and Regional Commissions in the State. The intent of these rules is:

(1) provide an alternative to the courts for resolving conflicts related to planning or growth management, where processes for resolving specific types of disputes (such as, but not limited to, those for annexations or service delivery conflicts) are not provided elsewhere in state law;

(2) foster more careful consideration of, and planning for, impacts of growth; and

(3) improve local, regional and state level communication about planning and growth management matters.

(2)

Overview.

These rules establish an alternative dispute resolution process for reconciling differences on planning or growth management related issues among Georgia's local governments, Regional Commissions, and private interests where no other processes for resolving specific types of disputes are provided in state law. The parties to the conflict may choose from two types of dispute resolution to reach a settlement. These are

facilitation or mediation

and both of these enlist an impartial third party (or neutral) to lead the process. To provide as much process certainty as possible, these rules call for the alternative dispute resolution process to be concluded within 90 days after it is initiated, although this time-frame can be extended by mutual agreement of the affected parties. Four types of conflicts are subject to dispute resolution as provided in these rules:

(a) Conflicts related to preparation or implementation of local plans or regional plans as provided in the Georgia Planning Act .

(b) Conflicts related to preparation or implementation of local plans or regional plans provided in the Comprehensive Solid Waste Management Act .

(c) Actions or conflicts related to Developments of Regional Impact.

(d) Actions or conflicts related to Regionally Important Resources.

(3) Changes and Interpretation. These rules and regulations may from time to time be revised by the Department pursuant to the Administrative Procedure Act . The Department is the final authority for interpretation of these rules.

History

• Authority: O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq
• History. Original Rule entitled "Purpose" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule entitled "Purpose and Overview" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-5-.02 Alternative Dispute Resolution Process

(1) Pre-initiation Consultation. Whenever a local government, Regional Commission, or private interest becomes aware of a conflict related to preparation or implementation of a local or regional plan, Development of Regional Impact or Regionally Important Resources, it must first contact the Regional Commission of the local government whose plan or proposed action is the subject of the conflict and ask the process manager to contact parties potentially affected by the conflict to discuss the issues and evaluate whether the conflict is suitable for the alternative dispute resolution process provided in these rules. In making a determination of whether the alternative dispute resolution process provided in these rules is appropriate for the subject conflict, the process manager must assess whether other processes for resolving the specific type of dispute (such as, but not limited to, those for annexation or service delivery conflicts) is already specified in state law. If this is not the case and the process manager's discussions with potentially affected parties results in a determination that the alternative dispute resolution process is appropriate for the subject conflict, the process manager shall transmit to the appropriate parties, in writing, a recommendation to initiate the alternative dispute resolution process by the procedures outlined below.

(2)

Petition for Alternative Dispute Resolution.

A petition for alternative dispute resolution must be filed with the Regional Commission of the local government whose plan or proposed action is the subject of the conflict. If a Regional Commission is party to the conflict, then the petition must instead be filed with the Department.

(a)

The Department's

Uniform Petition for Alternative Dispute Resolution

mustbe used by the petitioning party. It must include:

1. A statement of the facts underlying the conflict;

2. Identification of the injury that has been or may be suffered by the petitioner;

3. Steps that have previously been taken to resolve the conflict; and

4. Listing of any other local governments, public agencies, or private interests (such as the project sponsor/property owner and any other affected property owners) that should be included as affected parties in the alternative dispute resolution process.

(b) Eligible Parties. Only qualified local governments and Regional Commissions are eligible to file a petition for alternative dispute resolution. The petition must be signed by the duly authorized official (such as mayor, county manager, executive director who has been authorized to take such action by majority vote of his/her governing body - i.e., city council, county commission, or regional council) of the petitioning local government or Regional Commission. Private interests may ask a local government to file a petition for alternative dispute resolution, or they may request that the Regional Commission recommend use of alternative dispute resolution as provided at section 110-12-5-.02(1) .

(3)

Review of the Petition

. Within 3 days of receipt of a petition for alternative dispute resolution, the Regional Commission (or the Department, if applicable) must review the petition and determine whether the conflict is eligible for alternative dispute resolution. In making this determination, the Regional Commission (or the Department, if applicable) must consider:

(a) Whether the conflict is subject to alternative dispute resolution as provided in section 110-12-5-.01(2) .

(b) Whether the petitioner is an eligible party as provided in section 110-12-5-.02(2)(b) ; and

(c) Whether the petition is complete and signed by the duly authorized official of the petitioning local government or Regional Commission.

(d) Whether other processes for resolving the dispute (such as, but not limited to, those for annexations or service delivery conflicts) are provided in state law.

(4) Certification of the Petition. If the Regional Commission (or the Department, if applicable) determines that the conflict is eligible for alternative dispute resolution, it will certify the petition. If the Regional Commission (or the Department, if applicable) determines that the petition can not be certified, it may either dismiss the petition or request that the petitioning party correct any deficiencies. These corrections must be made and approved by the Regional Commission (or the Department, if applicable) within 10 days of the date of notification of deficiencies in the petition.

(5)

Notification.

Within 3 days after certifying a petition for alternative dispute resolution, the Regional Commission (or the Department, if applicable) must notify the parties listed below that the petition has been certified. This notification must include an explanation of the nature of the conflict and set a meeting schedule for deciding process specifics, as provided at section

110-12-5-.02(7)

.

(a) The petitioning local government or Regional Commission;

(b) The local government or Regional Commission whose plan or proposed action is the subject of the conflict; and

(c) The Department.

(6) Deferring Action. Local governments and if applicable, Regional Commissions, must not take any official action approving any project subject to the conflict until the alternative dispute resolution process is concluded as provided at section 110-12-5-.02(12) . It is intended that the alternative dispute resolution process should take place simultaneously with local development review procedures in order to minimize administrative delay for review and approval of any project subject to the conflict. Therefore, the local government may proceed with its development review process during the alternative dispute resolution period, provided that it does not make decisions on final approvals, and builds in enough time to seek any recommended alterations of the proposed project that may result from the alternative dispute resolution process, before granting final approvals. Examples of local development review activities that may take place during the alternative dispute resolution process include, but are not limited to, preliminary staff administrative functions, project evaluation/assessment, community participation meetings and hearings, site visits, and planning commission meetings to discuss, but not vote on, the proposed project.

(7)

Decisions on Process Specifics.

Once the petition is certified, the affected parties have 30 days to reach agreement on the following specifics of the alternative dispute resolution process to be employed.

(a) Other Affected Parties. Theprocess manager shall assist the petitioning local government or Regional Commission and the local government or Regional Commission whose plan or proposed action is the subject of the conflict in reaching agreement on other local governments, public agencies, or private interests (such as the project sponsor/property owner and any other affected property owners), that should be included as affected parties in the alternative dispute resolution process.

(b)

Process Options.

The process manager shall assist the affected parties in reaching agreement on the desired alternative dispute resolution process to be employed to resolve the conflict. There are two basic process options available, although these may be employed in any variation or sequence, depending on the desires of the affected parties. For example, the affected parties may choose to switch to a different process option, if progress toward a settlement is not moving along satisfactorily. The two basic options vary in the role played by the impartial third party, as follows:

1. Facilitation. The impartial third party (see Section 110-12-5-.02(7)(c) ) will facilitate meetings between the affected parties to discuss possible solutions to the conflict. The role of the third party is to keep a dialogue going and help the affected parties move toward consensus agreement upon a mutually acceptable solution. If the affected parties have not agreed upon a solution at the end of the 90-day alternative dispute resolution process, the process simply concludes without resolving the conflict.

2. Mediation. The impartial third party (see Section 110-12-5-.02(7)(c) ) will not only facilitate meetings between the affected parties, but will offer possible solutions for consideration by the affected parties. If the affected parties have not agreed upon a solution at the end of the 90-day alternative dispute resolution process, the impartial third party will propose a solution for consideration of the affected parties. If this final solution is not agreed to by all affected parties, the process concludes without resolving the conflict.

(c) Impartial Third Party. The process manager shall assist the affected parties in identifying a suitable impartial third party to facilitate the alternative dispute resolution process. Since the affected parties' trust and confidence in the impartial third party is essential for successful resolution of the conflict, the affected parties should be given every reasonable opportunity to jointly agree on the impartial third party. To assist in the identification of an impartial third party, the Department will maintain an up-to-date clearinghouse linking to appropriate listings of persons qualified for serving as an impartial third party for alternative dispute resolution.

(d) Costs. The process manager will assist the affected parties in reaching agreement on allocation of the various costs related to the alternative dispute resolution process, such as incidental travel, lodging, meals, and professional fees of the impartial third party.

(8) Initiation of Alternative Dispute Resolution. If, after 30 days, the affected parties have not agreed upon the process specifics, the process manager will assign an impartial third party from the Department's list to facilitate a mediation process between the affected parties. The 90-day alternative dispute resolution time limit will not begin until either the affected parties agree on process specifics, or the 30-day time limit has passed and the process manager has assigned a mediator.

(9) Meetings. The official designee of each affected party must be present at each alternative dispute resolution session scheduled by agreement of the affected parties and the impartial third party.

(10) Situational Assessments. Any affected party may request that the impartial third party perform a Situational Assessment at any time before or after initiation of the alternative dispute resolution process. The Situational Assessment is a fact finding process that may involve examination of documents, interviews, and assessment meetings that result in a recommendation of issues to be addressed, parties that may participate, additional information needed, and/or appropriate resolution procedures, such as a proposed schedule for completing the alternative dispute resolution process.

(11) Participation. If the Department determines that any affected party is not participating in the alternative dispute resolution process in good faith, the party will lose its qualified local government status or, in the case of an Regional Commission, eligibility for state contract funding, for a period of either six months or until the party is determined to again be participating in good faith, whichever is longer.

(12) Conclusion of Alternative Dispute Resolution. The alternative dispute resolution process is intended to last until a settlement is reached, or 90 days, whichever occurs first. If alternative dispute resolution does not result in a settlement at the end of 90 days, the time-limit may be extended by consent of all affected parties. If the alternative dispute resolution process results in an settlement, the impartial third party will be responsible for documenting the settlement (in the form of a contract, inter-jurisdictional agreement, memorandum of understanding, plan amendments, deed restrictions, or other forms as appropriate) and the process manager will be responsible for monitoring and reporting to the affected parties, the Regional Commission, and the Department on progress with implementation of the settlement.

(13)

Reporting.

Within 10 days of conclusion of the alternative dispute resolution process, the impartial third party, with assistance of the process manager, must prepare a final report on the outcome of the process. This report must be provided to the affected parties, the Regional Commission, and the Department. The report will be a public document and must include the following:

(a) A factual summary of the issues discussed and the progress made during the alternative dispute resolution process;

(b) Description of any settlements reached;

(c) Copies of any settlement instruments (such as signed contracts or inter-jurisdictional agreements); and

(d) A description of the responsibilities and schedules for implementation and enforcement of settlements reached.

(14) Other Dispute Resolution Processes. Participation in this alternative dispute resolution process shall not alter the right of any affected party to initiate other legal or administrative proceedings to resolve the subject conflict, although all parties are encouraged, as an act of good faith, to suspend pursuit of other dispute resolution processes while the alternative dispute resolution process provided in these rules is underway.

History

• Authority: O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq
• History. Original Rule entitled "Definitions" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule entitled "Alternative Dispute Resolution Process" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-5-.03 Definitions

(1)

For the purpose of these rules, the following words will have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A.

50-8-1

et seq.

, will have the meanings contained therein. Terms not defined in these rules, or in O.C.G.A.

50-8-1

et seq

.

, will have ascribed to them the ordinary accepted meanings such as the context may imply.

(a)

"Affected Parties" means:

1. the local government or Regional Commission that files a petition for alternative dispute resolution;

2. the local government or Regional Commission whose plan or proposed action is the subject of the conflict; and

3. any other local government, public agency, or private interests (such as technical experts) that the above two parties agree to include in the alternative dispute resolution process.

(b) "Days" means calendar days.

(c) "Department" means the Department of Community Affairs.

(d) "Development of Regional Impact" means any project that exceeds the minimum thresholds established by the Department.

(e) "Good Faith" means participating in the alternative dispute resolution process in a sincere effort to resolve any conflict. This includes full-time attendance by the affected party's official designee at all alternative dispute resolution sessions and withholding final action or decisions on any project subject to the dispute until the alternative dispute resolution process is concluded.

(f) "Interjurisdictional" means among two or more local governments or Regional Commissions.

(g) "Local government" means any county, municipality, consolidated government or other political subdivision of the state.

(h) "Local Plan" means the comprehensive plan or solid waste management plan for a local government prepared in accordance with the requirements established by the Department.

(i) "Official Designee" means the individual who is designated (through official action, such as resolution of the city council or county commission) by an affected party as its official representative to the alternative dispute resolution process. This individual must be given authority to act for, and represent the interests of the affected party.

(j) "Process Manager" means a staff person at the Regional Commission or the Department who is trained in the alternative dispute resolution process. This person serves as the point of contact and process administrator for the affected parties throughout the alternative dispute resolution process.

(k) "Qualified Local Government" means a county or municipality that: Adopts and maintains a comprehensive plan in conformity with the local planning requirements; Establishes regulations consistent with its comprehensive plan and with the local planning requirements; and Does not fail to participate in the Department's mediation or other means of resolving conflicts in a manner in which, in the judgment of the Department, reflects a good faith effort to resolve any conflict.

(l) "Regional Commission" means any commission established under O.C.G.A. 50-8-32 (effective July 1, 2009).

(m) "Regional Plan" means the comprehensive plan for a region prepared by the Regional Commission in accordance with the requirements established by the Department.

(n) "Regionally Important Resource" means any natural or cultural resource area identified for protection by an Regional Commission following the minimum requirements established by the Department.

History

• Authority: O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq
• History. Original Rule entitled "Duties and Responsibilities" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule entitled "Definitions" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-5-.04 Repealed

History

• Authority: O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq
• History. Original Rule entitled "Informal Conflict Resolution" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-5-.05 Repealed

History

• Authority: O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq
• History. Original Rule entitled "Formal Mediation" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-5-.06 Repealed

History

• Authority: O.C.G.A. Secs. 50-8-7, 50-8-7.1et seq
• History. Original Rule entitled "Conflicts Between Parties Other Than Local Governments" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.

Subject 110-12-6 Standards and Procedures for Regional Planning "regional Planning Requirements"

Ga. Comp. R. & Regs. r. 110-12-6-.01 Purpose

These rules become effective October 1, 2017. The purpose of the regional planning requirements is to provide a framework for preparation of regional plans that will:

• involve all segments of the region in developing a vision for the future of the region, ensuring the plan is representative of the entire region;

• generate pride and enthusiasm about the future of the region;

• identify priority needs and opportunities affecting the region and customize technical assistance efforts to promote impactful change related to those needs and opportunities;

• engage the interest of regional policy makers and stakeholders in implementing the plan; and

• provide a guide to everyday decision-making for use by government officials and other regional leaders.

To this end, the planning requirements emphasize involvement of stakeholders and the general public in preparation of plans that include an impactful, well-conceived, and achievable vision for the future of the region. When implemented, the resulting plan will help the region address critical issues and opportunities while moving toward realization of its unique vision for the region's future.

The planning requirements also provide a framework to Regional Commissions for advancing the state's planning goals of:

• a growing and balanced economy;

• protection of environmental, natural and cultural resources;

• provision of infrastructure and services to support efficient growth and development patterns;

• access to adequate and affordable housing for all residents;

• coordination of land use planning and transportation planning to support sustainable economic development, protection of natural and cultural resources and provision of adequate and affordable housing; and

• coordination of local planning efforts with other local service providers and authorities, neighboring communities and state and regional plans.

The state goals are further elaborated in the Department's Quality Community Objectives (section 110-12-6-.04(3)), which provide a starting point for communities to assess compatibility of their existing development patterns and policies with these planning goals. The Quality Community Objectives may also be employed to evaluate the region's vision for the future for consistency with state planning goals.

History

• Authority: O.C.G.A. § 50-8-1, et seq
• History. Original Rule entitled "Purpose" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule entitled "Purpose and Applicability" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule entitled "Purpose" adopted. F. Aug. 24, 2017; eff. Oct. 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-6-.02 Requirements

O.C.G.A. 50-8-1, et seq gives the Department authority to establish standards and procedures for appropriate and timely regional planning by all Regional Commissions in Georgia. Those standards and procedures are embodied in these regional planning requirements. In order to remain eligible for state funding programs, each Regional Commission must prepare, adopt, maintain, and implement a regional plan that meets these planning requirements. The Department may, from time to time, adopt and promulgate revisions of these requirements.

(1)

Required Plan Elements.

At a minimum, a regional plan must include the required plan components specified in the table below. Each Regional Commission is encouraged to go beyond the minimum required and supplement its regional plan with other plan elements to make the overall plan a good fit for the region.

Plan Elements Specifics at

Executive Summary 110-12-6-.03(1)

Regional Goals 110-12-6-.03(2)

Needs and Opportunities 110-12-6-.03(3)

Implementation Program 110-12-6-.03(4)

Appendices 110-12-6-.03(5)

SWOT Analysis 110-12-6-.03(5)(a)

Analysis of Consistency with Quality Community Objectives 110-12-6-.03(5)(b)

Data and Mapping Supplement 110-12-6-.03(5)(b)

Stakeholder Involvement Report 110-12-6-.03(5)(c)

(2) Consideration of Regional and Statewide Plans. During the process of preparing its regional plan, each Regional Commission must review other plans for consistency. The Regional Commission must certify as part of the required cover letter (see section 110-12-06(6)) that it has considered, at a minimum, the following plans when it transmits the regional plan to the Department for review: Georgia's Strategic Comprehensive Outdoor Recreation Plan, Regional Water Plan, Comprehensive Economic Development Strategy (CEDS), Metropolitan Planning Organization Transportation Plan (as applicable), and adjacent regional commission regional plans.

(3) Review of the Regional Plan. Upon completion, the regional plan must be transmitted to the Department for review. The Department will review the plan and respond to the Regional Commission with findings and recommendations. Once approved by the Department as being in compliance with the Minimum Standards and Procedures, the Regional Commission may adopt the plan. Specific details for this review process are covered in section 110-12-6-.06 .

(4) Alternative Regional Planning Requirements. Each Regional Commission may establish alternative Regional Planning requirements from those adopted by the Department. The alternative requirements must be approved by a majority of the Regional Commission's Council, and subsequently approved by the Department.

(5) Additional Local Planning Requirements . A Regional Commission may require that local government comprehensive plans within its region address additional planning requirements along with those prescribed by the Department. Before imposing such additional requirements, the Regional Commission must incorporate these additional requirements in the Regional Plan as a supplement to the Implementation Program, get input from all local governments in the region, have its Council approve the additional planning requirements and finally obtain the Department's approval.

History

• Authority: O.C.G.A. § 50-8-1, et seq
• History. Original Rule entitled "Definitions" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule entitled "Overview of Planning Requirements" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule entitled "Requirements" adopted. F. Aug. 24, 2017; eff. Oct. 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-6-.03 Plan Elements

This chapter provides guidance for completing each element of the regional plan. Each Regional Commission is encouraged to add additional elements to their regional plan to address specific regional needs as needed.

(1) Executive Summary. This element provides a brief overview of the planning document, summarizing the essential parts. At a minimum it must include the following: * Stakeholder involvement summary; * Regional goal summary; * Highlight regional commission priority needs and opportunities; and * Highlight key strategies and specific actions to be pursued.

(2)

Regional Goals.

The purpose of the Regional Goals element is to lay out a road map for the region's future, developed through a participatory process involving regional leaders, key stakeholders, and the general public (following the process as defined in section

110-12-6-.03(5)(c)

). The Regional Goals are the most important part of the plan, for it includes the region's vision for the future, and are intended to generate pride and enthusiasm about the future of the region, thereby making stakeholders want to ensure that the plan is implemented. The Regional Goals must include the four required components listed below:

(a) List of Regional Goals. Include a list of multiple overarching regional goals that also support and are consistent with the statewide goals included in section 110-12-6-.06 which, through the Regional Commission's leadership will be addressed through the regional plan. Review the suggested goals in the Supplemental Planning Recommendations for suggestions.

(b) Regional Policies. Include any policies (such as,"New development will be encouraged to locate on infill sites closer to towns, whenever possible.") necessary to provide ongoing guidance and direction to regional leaders for making decisions consistent with achieving the Regional Vision or addressing Regional Issues and Opportunities. These policies should be specific enough for use by any local, state, or federal governmental agency in making decisions as to whether investments in new or upgraded public facilities would be consistent with the regional plan. These policies should include locational factors (e.g.,"locate new schools within existing neighborhoods," "no road expansions within the Wapatchee Environmental Resource Area"), as well as design and impact considerations (e.g.,"architecture should reflect the regional vernacular," "provide strong pedestrian linkages to mitigate traffic impacts"). Regional Commissions are encouraged to categorize the regional policies based on applicability or function. For example: regional policies for public investments in the region or regional policies for DRI's.

(c)

Regional Development Maps.

Prepare two Regional Development Maps that illustrate the desired future regional development patterns for the 20-year planning period.

1. Regional Land Use Map. The Regional Land Use map will identify the following three general land use categories for the entire region (if subcategories are used, the map must identify how they aggregate into the three general categories): * Developed. Areas that exhibit urban type development patterns (i.e., medium to high density residential, commercial development and industrial development, etc.) and where urban services (i.e., public services of water, sewer, etc.) are already being provided at the time of plan preparation. * Developing. Areas that are expected to become urbanized and will require provision of new urban services (i.e., public services of water, sewer, etc.) during the planning period. * Rural. Areas not expected to become urbanized or require provision of urban services (i.e., public services of water and sewer, etc.) during the planning period. These areas are characterized by sparsely developed nonurban areas where the land is primarily used for farming, forestry, very low density residential or open space uses.

2. Conservation and Development Map. Using the categories from the Regional Land Use map as a base, the Conservation and Development map will display Conservation Areas as an overlay, visualized as hatching above the Regional Land Use categories. Conservation Areas are defined below (if subcategories are used, the map must identify how they aggregate into the conservation category): * Conservation. Areas to be preserved in order to protect important regional resources or environmentally sensitive areas of the region. At a minimum, the green infrastructure network on the Regionally Important Resources Map found in the Regional Commission's adopted Regional Resource Plan for the region must be shown. Additionally, critical environmentally-sensitive areas (e.g., groundwater recharge areas, priority forest, prime farmland, wetlands, etc.) must be included as appropriate for each region.

(d)

Areas Requiring Special Attention Map and Defining Narrative.

While preparing the Regional Development Maps, identify areas that need targeted monitoring and mitigation due to potential development conflicts or opportunities for economic growth and define specific strategies for managing each area.

1. Areas Requiring Special Attention Map. Considering the Regional Development Map above and other sources, evaluate the land use trends within the region to identify and map any areas requiring special attention. At a minimum, consider the following: * Threatened Regionally Important Resources. Areas identified on the Regionally Important Resources map where significant natural or cultural resources are likely to be impacted by development. At a minimum, the assessment of these areas should be informed by the following: * Identifying the areas identified on the Regionally Important Resource Map (Regionally Important Resources, DCA Rules Chapter 110-12-4) that overlap the "Developed" or "Developing" Areas, and * Identifying the portions of the Conservation and Development Map where the "Conservation" Areas overlap the "Developed" or "Developing" Areas. * Rapid Development. Areas where rapid development or change of land uses are likely to occur, especially where the pace of development has and/or may outpace the availability of community facilities and services, including transportation; * Redevelopment. Areas in need of or currently experiencing redevelopment. These areas may include: * The need for significant improvements to aesthetics or attractiveness (e.g., strip commercial corridors, aging developments, etc.); * The potential for infill development (e.g., scattered vacant sites, large abandoned structures, sites that may be environmentally contaminated, etc.); * Levels of poverty and/or unemployment that is substantially higher than the region as a whole, indicating significant disinvestment (e.g., areas identified as Opportunity Zones, Enterprise Zones, Urban Redevelopment Areas, Revitalization Area Strategies, or similar planning documents); or * Other metrics identified by the Regional Commission.

2. Defining Narrative. The defining narrative must include the following specific strategies for managing each Area Requiring Special Attention. * Written description, pictures, and/or illustrations that make it clear what types, forms, styles, and patterns of development are to be encouraged in the area. Recommended development patterns listed in the Supplemental Planning Recommendations may be referred to for suggestions. * Listing of specific types of land uses appropriate for the unique characteristics of the area. * Identification of implementation measures, which may be undertaken by the Regional Commission and/or local government, to achieve the desired development patterns for the area, including more detailed sub-area planning, new or revised local development regulations, incentives, public investments, and infrastructure improvements. Recommended plan implementation measures listed in the Supplemental Planning Recommendations may be referred to for suggestions.

(3)

Regional Needs and Opportunities.

This element identifies regional needs and opportunities. This is the regionally agreed upon list of Needs and Opportunities the region intends to address. The list must be developed by involving regional stakeholders and by using resources (a-d) below. The agreed upon list must also denote each of the needs and opportunities identified as a Regional Commission priority for the five year planning period. Each priority need and opportunity must be followed-up with corresponding implementation measures in the Regional Work Program. (A list of typical needs and opportunities listed in the Supplemental Planning Recommendations may be referred to for suggestions.) In order to ensure a concise and readable regional plan, (a-c) below should be included as an addendum in the plan (see section

110-12-6-.03(5)

).

(a) SWOT Analysis. Conduct a SWOT analysis (or similar analysis of the region) with regional stakeholders and identify the strengths, weaknesses, opportunities and threats facing the region.

(b) Analysis of Consistency with Quality Community Objectives. Evaluate the current policies, activities, and development patterns in the region for consistency with the Quality Community Objectives (see section 110-12-6-.04 ). Use this analysis to identify needs and opportunities for adapting activities, development patterns and implementation practices to the Quality Community Objectives.

(c) Analysis of Data and Information. Check for potential needs and opportunities as well as development patterns by evaluating, at a minimum, the data and information listed in section 110-12-6-.05 . Many of the listed data and maps are provided on the Department's website, but the Regional Commission may also use other information or sources of its choosing (e.g., regionally compiled data or forecasts, regional plans, transportation data contained in approved plans of Metropolitan Planning Organizations, etc.). When evaluating this data and information, focus on: * Whether it verifies potential needs or opportunities identified above; * Whether it uncovers new needs or opportunities not previously identified; * Whether it indicates significant regional trends that need to be brought to the attention of decision-makers;

(d) Areas Requiring Special Attention. Consider high priority areas as a need or opportunity from section 110-12-06-.03(2)(d).

(4)

Implementation Program.

This element is the overall strategy for achieving the Regional Vision and for addressing the Regional Commission priority Needs and Opportunities. This includes any specific activities to implement the plan during the next five years. The Implementation Program must include the following two components:

(a) Performance Standards. Establish two achievement thresholds, a Minimum Standard and an Excellence Standard, by identifying specific ordinances, programs, or requirements that may be implemented by local governments in order to realize the Regional Goals or address the Regional Needs and Opportunities. The Regional Commission may choose to establish multiple tiers for both the Minimum and Excellence standards in order to accommodate the varying size and capacity of local governments in the region. The performance standards may include recommendations for fitting local character areas into the larger regional planning context, implementation measures to achieve the desired development patterns for the region, recommended new or revised local development regulations, incentives, public investments, infrastructure improvements, or other measures deemed appropriate by the Regional Commission. Refer to the State Planning Recommendations for suggestions. * Minimum Standard. Items included in the Minimum Standard should be selected as essential activities for local governments to undertake for consistency with the regional plan. The intent is to ensure a consistent and predictable basic level of local requirements across the region. The Regional Commission and the Department will provide technical and training assistance to local governments to help them achieve this Minimum Standard. Regional Commissions may utilize financial assistance in accordance with their contract with the Department for projects that help a local government attain this threshold. Once a local government achieves this threshold, Regional Commissions may utilize financial assistance in accordance with their contract with the Department for local comprehensive plan implementation projects. * Excellence Standard. Items included in the Excellence Standard should be selected as desirable activities for local governments to undertake for consistency with the regional plan. The intent is to lay out a menu of recommended best practices for local governments to select for implementation.

(b) Regional Work Program. This portion of the Implementation Program lays out the specific actions the commission plans to undertake during the next five years to address the regional commission priority Needs and Opportunities. (Note that general policy statements should not be included in the Regional Work Program, but instead should be included in the Policies section of the Regional Goals or included as a separate list of long-term action items.) The Regional Work Program must contain the following information in an easy to read table format using one of the two templates provided on the Department's website (Refer to the Supplemental Planning Recommendations): * Priority. List of regional commission priority needs and opportunities. * Strategies. Specific, measureable statements that support achievement of the priority. * Actions. Specific actions the Regional Commission will pursue in order to meet one or more strategies. * Timeframe for initiating and completing the action. * Partners. List of groups needed to help implement the activity. * Costs. Estimated cost (if any) of implementing the action.

(5)

Appendices.

The following elements must be included as appendices to ensure a concise, user-friendly document usable for day-to-day decision-making by regional leaders as they work toward achieving the desired future of the region.

(a) SWOT Analysis. Include the results of the SWOT analysis (or similar analysis of the region) with regional stakeholders as described in section 110-12-6-.03(3)(a) .

(b) Analysis of Consistency with Quality Community Objectives . Include the analysis as described in section 110-12-6-.03(3)(b) .

(c) Data and Mapping Supplement. Include data, information, maps and analysis as described in section 110-12-6-.05 and 110-12-6-.03(c) .

(d)

Stakeholder Involvement Report.

Each element of the regional plan must be prepared with opportunity for involvement and input from a diverse spectrum of stakeholders to ensure that the regional plan reflects the full range of regional values and desires. This broad-based participation in developing the regional plan will also help ensure that it will be implemented, because many in the region are involved in its development and thereby become committed to seeing it through. The stakeholder involvement is intended to supplement, not replace, the regional hearings required in section

110-12-6-.06

. All regional plan updates must contain a Stakeholder Involvement Report documenting these standards were met before the Department will approve the plan as part of the plan review process (see section

110-12-6-.06

). Documentation must include a clear list that specifically identifies the individuals and groups targeted for involvement in the planning process, steering committee members, and adequate evidence that events and activities occurred (e.g., meeting agendas, sign-in sheets, and minutes or other records of outcomes; photos of activities; advertisements for activities; screen-captures of project web-pages; copies of surveys; etc.). The three minimum required steps for developing effective stakeholder involvement are listed below.

1. Identification of Stakeholders. Compile a list of all stakeholders who need to have a voice in the development of the plan. Refer to the list of suggested stakeholders provided in the Supplemental Planning Recommendations for suggestions. The list should include stakeholders from local, state (must include the Department), and regional organizations, as well as, private businesses and non-profit groups. At a minimum, members of the Regional Commission council must be included among the selected stakeholders and be actively involved in plan preparation, such as serving on the steering committee that guides development of the plan. This will help ensure that the plan will be implemented, because leadership that is involved in plan development is likely to become committed to seeing it through.

2. Identification of Participation Techniques. Review each of the recommended community participation techniques identified in the Supplemental Planning Recommendations to select those to be used for involving the selected stakeholders in the process of developing the plan. At a minimum, include the following: * Steering Committee. The Regional Commission must form a steering committee to oversee and participate in development of the plan. At a minimum, the steering committee must include the Regional Commission council members. [The Regional Commission may also form a technical advisory committee. This is a working committee of regional planners and other state, local and federal agency personnel that will serve as the primary "users/interpreters" of the plan and they can support the steering committee with important information and technical considerations to be factored into the planning process.] * Required Techniques. The Regional Commission is encouraged to select as many techniques as possible to allow ample opportunity for involvement from a broad range of stakeholders, including the steering committee. At a minimum, the following techniques are required: * First public hearing as required in section 110-12-6-.06. * Hold at least three public listening sessions (e.g., workshops, charrettes, virtual meetings) in at least three different counties in the region and including adequate notification (e.g., one to two weeks) and outreach (e.g., newspaper ads, email, website, postal mail, etc.). * Ensure the plan process, schedule, and draft documents are easily accessible on the commission's website throughout the plan process. * Administer a survey tool to solicit comments, opinions, and regional goals. * Second public hearing as required in section 110-12-6-.06.

3. Conduct Participation Program. Invite each of the stakeholders identified in section (1) above to participate in the activities and events identified in section (2). Use these participation events to solicit specific input on the content of the plan. Hold regular meetings of the steering committee to provide input and feedback to the plan preparers as the plan is developed.

History

• Authority: O.C.G.A. § 50-8-1, et seq
• History. Original Rule entitled "Minimum Regional Planning Standards" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule entitled "Regional Assessment" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule entitled "Plan Elements" adopted. F. Aug. 24, 2017; eff. Oct. 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-6-.04 State Planning Goals and Objectives

(1) General. The Department has established statewide goals and a number of Quality Community Objectives that further elaborate the state goals, based on growth and development issues identified in local and regional plans, throughout the state. These goals and objectives are intended to provide guidance, or targets for Regional Commissions to achieve, in developing and implementing their regional plan. This section is provided as a reference for Regional Commissions as they evaluate policies, activities, and development patterns in the region for consistency with these goals and objectives pursuant to section 110-12-6-.03(3)(b) .

(2)

Statewide Planning Goals.

(a) Economic Development Goal : To achieve a growing and balanced economy, consistent with the prudent management of the state's resources, that equitably benefits all segments of the population.

(b) Natural and Cultural Resources Goal : To conserve and protect the environmental, natural and cultural resources of Georgia's communities, regions and the state.

(c) Community Facilities and Services Goal : To ensure the provision of community facilities and services throughout the state to support efficient growth and development patterns that will protect and enhance the quality of life of Georgia's residents.

(d) Housing Goal : To ensure that all residents of the state have access to adequate and affordable housing.

(e) Land Use and Transportation Goal : To ensure the coordination of land use planning and transportation planning throughout the state in support of efficient growth and development patterns that will promote sustainable economic development, protection of natural and cultural resources and provision of adequate and affordable housing.

(f) Intergovernmental Coordination : To ensure the coordination of local planning efforts with other local service providers and authorities, with neighboring communities and with state and regional plans and programs.

(3)

Quality Community Objectives.

(a) Economic Prosperity: Encourage development or expansion of businesses and industries that are suitable for the community. Factors to consider when determining suitability include job skills required; long-term sustainability; linkages to other economic activities in the region; impact on the resources of the area; or prospects for creating job opportunities that meet the needs of a diverse local workforce.

(b) Resource Management: Promote the efficient use of natural resources and identify and protect environmentally sensitive areas of the community. This may be achieved by promoting energy efficiency and renewable energy generation; encouraging green building construction and renovation; utilizing appropriate waste management techniques; fostering water conservation and reuse; or setting environmentally sensitive areas aside as green space or conservation reserves.

(c) Efficient Land Use: Maximize the use of existing infrastructure and minimize the costly conversion of undeveloped land at the periphery of the community. This may be achieved by encouraging development or redevelopment of sites closer to the traditional core of the community; designing new development to minimize the amount of land consumed; carefully planning expansion of public infrastructure; or maintaining open space in agricultural, forestry, or conservation uses.

(d) Local Preparedness: Identify and put in place the prerequisites for the type of future the community seeks to achieve. These prerequisites might include infrastructure (roads, water, sewer) to support or direct new growth; ordinances and regulations to manage growth as desired; leadership and staff capable of responding to opportunities and managing new challenges; or undertaking an all-hazards approach to disaster preparedness and response.

(e) Sense of Place: Protect and enhance the community's unique qualities. This may be achieved by maintaining the downtown as focal point of the community; fostering compact, walkable, mixed-use development; protecting and revitalizing historic areas of the community; encouraging new development that is compatible with the traditional features of the community; or protecting scenic and natural features that are important to defining the community's character.

(f) Regional Cooperation: Cooperate with neighboring jurisdictions to address shared needs. This may be achieved by actively participating in regional organizations; identifying joint projects that will result in greater efficiency and less cost to the taxpayer; or developing collaborative solutions for regional issues such as protection of shared natural resources, development of the transportation network, or creation of a tourism plan.

(g) Housing Options: Promote an adequate range of safe, affordable, inclusive, and resource efficient housing in the community. This may be achieved by encouraging development of a variety of housing types, sizes, costs, and densities in each neighborhood; promoting programs to provide housing for residents of all socio- economic backgrounds, including affordable mortgage finance options; instituting programs to address homelessness issues in the community; or coordinating with local economic development programs to ensure availability of adequate workforce housing in the community.

(h) Transportation Options: Address the transportation needs, challenges and opportunities of all community residents. This may be achieved by fostering alternatives to transportation by automobile, including walking, cycling, and transit; employing traffic calming measures throughout the community; requiring adequate connectivity between adjoining developments; or coordinating transportation and land use decision-making within the community.

(i) Educational Opportunities: Make educational and training opportunities readily available to enable all community residents to improve their job skills, adapt to technological advances, manage their finances, or pursue life ambitions. This can be achieved by expanding and improving local educational institutions or programs; providing access to other institutions in the region; instituting programs to improve local graduation rates; expanding vocational education programs; or coordinating with local economic development programs to ensure an adequately trained and skilled workforce.

(j) Community Health: Ensure that all community residents, regardless of age, ability, or income, have access to critical goods and services, safe and clean neighborhoods, and good work opportunities. This may be achieved by providing services to support the basic needs of disadvantaged residents, including the disabled; instituting programs to improve public safety; promoting programs that foster better health and fitness; or otherwise providing all residents the opportunity to improve their circumstances in life and to fully participate in the community.

History

• Authority: O.C.G.A. § 50-8-1, et seq
• History. Original Rule entitled "Plan Submittal and Review Requirements" adopted. F. May 3, 1996; eff. May 23, 1996.
• Repealed: New Rule entitled "Stakeholder Involvement Program" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule entitled "State Planning Goals and Objectives" adopted. F. Aug. 24, 2017; eff. Oct. 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-6-.05 Data and Mapping Specifications

(1)

Data and Information.

The following data and information items are to be used for the Analysis of Data and Information required for the Regional Plan as described in section

110-12-6-.03(3)

. The Regional Commission must employ a 20-year planning time frame when evaluating these data and information items, include the data and information as necessary to support the plan, and should focus on regional rather than local resources and facilities where applicable.

(a) Population. Identify trends and issues in population growth and significant changes in the demographic characteristics of the region, considering such factors as: * Total Population. Evaluate how the total population of the region has changed in recent years, what is projected for the future, and how the region compares, in terms of growth rate, to other areas. * Age Distribution. Evaluate the region's age groupings and how these are projected to change over time. Identify implications for the region. * Race and Ethnicity. Evaluate the region's racial and ethnic composition, how it is changing, and how it compares to neighboring communities. Identify implications these future trends will have for the region. * Income. Evaluate income levels, income distribution and poverty levels in the region and how these have changed and are expected to change over time.

(b) Economic Development. Identify trends and issues relating to the economic characteristics of the region, considering such factors as: * Economic Base. Evaluate the various sectors or industries that constitute the region's economy in terms of their relative importance and impact, including the region's place in the larger economies of the state and the nation. * Labor Force. Evaluate characteristics of the region's labor force, including employment status, occupations, personal income, wages and commuting patterns. * Economic Resources. Evaluate the development agencies, programs, tools, education, training and other economic resources available to the region's businesses and residents. * Economic Trends. Evaluate economic trends that are ongoing in the region, including which sectors, industries or employers are declining and which are growing. Also evaluate any unique economic situations, major employers and important new developments for their impact on the region.

(c) Housing. Consider the following factors to evaluate the adequacy and suitability of existing housing stock to serve current and future regional needs. * Housing Types & Mix. Evaluate the composition and quality of the region's housing stock, how it has changed over time, recent trends in the types of housing being provided, and whether there is a good mix of types (including modular, mobile or stick-built), sizes, and multi-family vs. single family throughout the region. * Condition and Occupancy. Evaluate the age and condition of housing in the region as well as the proportion of units that are owner-occupied and renter-occupied, plus vacancy rates for owners and renter units. * Cost of Housing. Evaluate the cost of housing in the region, both for owners and renters, in terms of affordability for residents and workers in the region. * Cost-Burdened Households. Evaluate the needs of households that are cost-burdened (paying 30% or more of net income on total housing costs) and severely cost-burdened (paying 50% or more of net income on total housing costs). Also evaluate the relationship of local housing costs and availability to the socioeconomic characteristics of these households, including income, income from social security or public assistance, employment status, occupation, household type, age of householder, household size, race, and unit type. * Special Housing Needs. Evaluate special housing needs in the region (e.g., housing needs of residents who are elderly; homeless; victims of domestic violence; migrant farm workers; persons with mental, physical, or developmental disabilities; persons with HIV/AIDS; and persons recovering from substance abuse) using information obtained from local service providers on caseloads, waiting lists, etc. * Jobs-Housing Balance. Evaluate housing costs compared to wages and household incomes of the resident and nonresident workforce to determine whether sufficient affordable housing is available and appropriately distributed within the region to allow people to live near where they work. Data on the commuting patterns of the resident and nonresident workforce may assist in determining whether there is a jobs-housing balance issue in the region. Also evaluate any barriers that may prevent a significant proportion of the region's nonresident workforce from residing in the jurisdiction, such as a lack of suitable or affordable housing, suitably zoned land, etc.

(d) Community Facilities and Services. Evaluate the level of service provision throughout the region. At a minimum, the following services should be considered: water supply and treatment, sewerage systems and wastewater treatment, fire protection, public safety, parks and recreation, storm-water management, solid waste management facilities, and broadband.

(e) Transportation System. Map the service areas and/or levels of services for the following major components of the local transportation system. Evaluate the adequacy these components for serving needs of the region throughout the planning period. * Road Network. Identify roads, highways and bridges. Also identify any significant issues with the road network, including connectivity and safety. * Alternative Modes. Identify bicycle corridors, pedestrian facilities and public transportation or other services for populations without automobiles, Also identify areas of the region where mode choice is limited. * Railroads, Trucking, Port Facilities and Airports. Identify freight and passenger rail lines, major rail intermodal facilities, non-rail freight operations, seaports, harbors, and commercial and general purpose air terminals. Evaluate the impact of these on the overall transportation network. * Transportation and Land Use Connection. Identify areas of the region experiencing significant traffic congestion or having significantly underutilized transportation facilities. Evaluate the role of land use (e.g., scale of development, inefficient development patterns) in this mismatch of facility capacity and demand.

(2)

Mapping Requirements.

The Regional Development and Areas Requiring Special Attention maps must be submitted to the Department in a GIS digital vector data format once the regional plan is approved by the Department. Other geographical information system maps that are used to produce the required maps in the regional plan must be submitted to the Department simultaneously with the regional plan. To facilitate the preparation of these and other maps that may be included in the plan, the Department makes available for download on its website most of the necessary base maps, including boundaries, community facilities, transportation, hydrography, protected natural resources, etc. It is recommended that plan preparers use these maps, but if other maps are used, they must meet the following requirements:

(a) Digital Format. Maps submitted in digital form must be provided as digital vector map products, using the shapefile format, or other digital format approved by the Department, via a Department-approved exchange media or electronic transfer method.

(b) Base Maps. Base or reference maps must equal or exceed the scale, accuracy, precision, and feature content of the equivalent map made available by the Department. They must use the Georgia Coordinate System of 1985 as defined in the Official Code of Georgia 44-4-20 through 44-4-31, or use latitude and longitude coordinates based on the North American Datum of 1983.

(c) Boundaries. All administrative or political boundaries on maps submitted to the Department must include the latest available boundaries from the U.S. Bureau of the Census. In the event that the U.S. Census boundary map provided on the Department's website does not represent current municipal boundaries, due to recent annexations or de-annexations that have not yet been reported through the official U.S. Bureau of the Census Boundary and Annexation Survey update process, the plan preparer must use the most accurate representation of boundaries available. However, in cases where it is necessary to submit such alternate boundaries to the Department, the affected municipality is advised that O.C.G.A. 36-36-3 requires cities to report all annexations to the Department. Consequently, the municipality will be expected to participate in the next annual Boundary and Annexation Survey to reconcile these differences in their boundary map.

History

• Authority: O.C.G.A. § 50-8-1, et seq
• History. Original Rule entitled "Regional Agenda" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule entitled "Data and Mapping Specifications" adopted. F. Aug. 24, 2017; eff. Oct. 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-6-.06 Procedures

(1)

Preparation, Transmittal and Review of the Regional Plan.

Upon completion, the Regional Commission must submit its Regional Plan to the Department for review. The Regional Plan must be adopted prior to the deadline specified in the Schedule for Regional Planning maintained by the Department.

(a) First Regional Hearing. A first public hearing must be held at the inception of the regional planning process. This hearing may be held as part of a regularly scheduled Council meeting. The purpose of this hearing is to brief the regional stakeholders on the process to be used to develop the plan, opportunities for participation in development of the plan, and to obtain input on the proposed planning process. Once stakeholder comments have been addressed, the Regional Commission may begin the process of developing the plan.

(b) Developing the Plan - Stakeholder Involvement. Each element of the plan must be prepared with considerable opportunity for involvement and input from stakeholders, regional leadership, and the general public, following the process specified in section 110-12-6-.03(5)(c) . This will help ensure that the plan reflects the full range of regional needs and values and that the plan will be implemented, because citizens and leadership that are involved in plan development are likely to become committed to seeing it through.

(c) Second Public Hearing. A second public hearing must be held once the plan has been drafted and made available for public review. This hearing may be held as part of a regularly scheduled Council meeting. The purpose of this hearing is to brief the region on the contents of the plan, provide an opportunity for stakeholders to make final suggestions, additions or revisions, and notify the region of when the plan will be submitted to the Department for review. Once public comments have been addressed, the plan must be transmitted to the Department with a cover letter signed by the Regional Commission executive director or Regional Commission council chairman and in accordance with section 110-12-06-.02(2).

(d) Completeness Check. The Department shall determine whether the Regional Plan is complete, within 7 days of its receipt. A Regional Plan that does not meet the standard for completeness (as determined by the Department) shall be deemed incomplete and shall not be accepted for further review by the Department. The Department shall notify the Regional Commission of its findings regarding the completeness of the submittal and identify items that must be submitted, if any, prior to further processing.

(e) Notification of Interested Parties. Once the Department has determined that the Regional Plan is complete, it shall immediately notify any interested parties of the availability of the Regional Plan for review and comment, providing the name of the Regional Commission, the general nature of the Regional Plan, and a deadline by which comments must be received. At a minimum, interested parties shall include: * Local governments located inside the region, any local governments located outside but contiguous to the region, and any other local governments that are likely to be affected by the Regional Plan; * Any local authorities, special districts, or other entities identified in evaluating intergovernmental coordination mechanisms and processes (if applicable); * Regional Commissions that are contiguous to the region or that are likely to be affected by the Regional Plan; and * Affected state agencies, including the Department of Transportation, the Georgia Environmental Facilities Authority, etc.

(f) Review of the Regional Plan. The Department shall review the Regional Plan for its adequacy at addressing the required components and developing an effective implementation program for achieving the Regional Vision and address identified issues and opportunities. The Department may also offer advisory comments for improving the Regional Plan for consideration by the Regional Commission.

(g) Final Report of Findings and Recommendations. Within 45 days after certification of the completeness of the Regional Plan, the Department must transmit a report of its findings and recommendations to the Regional Commission. The report must include: * Comments submitted by interested parties that reviewed the Regional Plan; * The Department's findings and recommendations resulting from its review of the Regional Plan.

(h) Regional Plan Revisions . If the Report of Findings and Recommendations indicates that the plan is not yet in compliance with the Minimum Standards and Procedures, the Regional Commission must address any requested changes by revising the plan and resubmitting it to the Department for review. Once the plan is resubmitted for review, the Department will complete its review as soon as possible. The process of revision and review can be repeated until the plan is found to be in compliance with the Minimum Standards and Procedures.

(i) Alternative Dispute Resolution. Alternative dispute resolution of conflicts relating to the Regional Plan may be initiated in accordance with the Rules for Alternative Dispute Resolution adopted by the Board of Community Affairs.

(j) Adoption of the Regional Plan. Once the Regional Plan has been found by the Department to be in compliance with the planning requirements, the Council may adopt the Regional Plan with or without any recommendations for improvement included in the Department's report of findings and recommendations. In order to maintain eligibility for state funding, the Regional Commission must adopt the Regional Plan prior to the deadline specified in the Schedule for Regional Planning maintained by the Department.

(k) Notification of Adoption. Within 7 days of adoption of a Regional Plan, the Regional Commission shall notify the Department that these documents have been adopted by the Council.

(l) Certification. Once the Department has been notified by the Regional Commission of adoption of a Regional Plan, the Department may issue a letter certifying this Regional Commission as eligible for state funding. This certification shall automatically expire approximately five years thereafter, unless otherwise specified. To retain this certification, a Regional Commission must remain in compliance with the requirements outlined in these planning requirements.

(m)

Promulgating the Regional Plan.

Once adopted, the Regional Plan must be promulgated within the region by the Regional Commission as follows:

1. Consult with all local governments in the region to explain the contents of the Regional Plan and to encourage each government to: * Coordinate identification of local character areas or future land use designations in local comprehensive plans with the Regional Development and Areas Requiring Special Attention Maps for the region. Generally each of the local character or future land use areas should fit into the larger regional maps by being consistent in terms of allowed land uses and implementation measures to be applied to achieve desired development patterns. * Coordinate decisions about investments in new or upgraded public facilities with the Regional Policies. * Follow the Performance Standards in developing and implementing their local comprehensive plan. This includes fitting local character or future land use areas into the larger regional development patterns context and adopting implementation measures (such as new or revised local development regulations, incentives, public investments, and infrastructure improvements) to achieve the desired development patterns for the region.

2. Consult with any other important regional stakeholders (such as developers, chambers of commerce, environmental protection groups) to explain the contents of the Regional Plan and to encourage them to coordinate their activities to achieve the desired development patterns for the region.

3. Consult with staff of the Department of Transportation, Department of Natural Resources, Georgia Environmental Facilities Authority and other appropriate state agencies to encourage them to coordinate their activities with the Regional Plan.

(2)

Maintaining the Regional Plan

. Regional Commissions are responsible for maintaining their regional plans to accurately reflect current regional conditions and the region's vision and priorities for the future. Maintenance of the plan includes plan amendments and regular updates of the plan.

(a) Required Updates to the Regional Plan. At a minimum, a plan update must be completed every five years and in accordance with the Schedule for Regional Planning maintained by the Department. However, earlier than five years, regional leaders may determine that the regional plan needs to be updated, based upon the degree of change in the region. If only minor changes have taken place, then revisions to the plan may be sufficient, in the form of plan amendments. If significant changes have occurred in regional conditions (i.e., if the data upon which the plan is based has become significantly outdated, or the region's vision has changed), an update of the regional plan may be needed. The five-year update of the regional plan shall include all elements as described in the original plan development at section 110-12-6-.03 and shall include the Annual Report as described at section 110-12-6-.06(2) (c-d).

(b) Plan Amendments. The Regional Commission must amend the adopted plan when the Regional Commission identifies changes needed to ensure the plan is accomplishing the desired results, or when required by the Department to do so as a result of changes to the planning requirements.

(c)

Required Annual Report on the Implementation Program.

At a minimum, the Regional Commission must prepare, submit to the Department, and adopt a Department approved report to the Implementation Program portion of the Regional Plan. Each annual report shall be submitted in accordance with the deadline specified in the Schedule for Regional Planning maintained by the Department. Each annual report must include the following:

1. Report of Accomplishments. Using the regional work program table, add a column and indicate the accomplishments that the Regional Commission achieved in relation to the specific actions included in the regional work program.

2. Local Government Performance Standards Update. Report on the status of each local government that has not achieved the minimum performance standards (see section 110-12-06-.03(4)(a) and list the specific action steps taken to assist the local government.

3. Regional Work Program [optional]. Submit a revised regional work program if any changes are deemed necessary to ensure the effective implementation of the regional plan.

(d) Submittal and Review Procedures for Plan Amendments and Annual Reports. All required five-year updates to the plan and plan amendments must be submitted to the Department for review and shall follow the submittal, review, and adoption procedures outlined in section 110-12-6-.06(1) . All annual reports must be submitted to the Department for review and shall follow the submittal, review, and adoption procedures beginning in section 110-12-6-.06(1)(c) .

History

• Authority: O.C.G.A. § 50-8-1, et seq
• History. Original Rule entitled "State Planning Goals and Objectives" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule entitled "Procedures" adopted. F. Aug. 24, 2017; eff. Oct. 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-6-.07 Definitions

(1) General. For the purpose of these rules, the following words shall have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A. 50-8-1 , et seq, shall have the meanings contained therein. Terms not defined in these rules, nor in O.C.G.A. 50-8-1 , et seq, shall have ascribed to them the ordinary accepted meanings such as the context may imply. For the purpose of these rules, the terms "shall" and "must" have the same meaning, are mandatory in nature, and are indicative of a requirement.

(2)

Definitions.

The following terms and definitions shall be used to guide the development and implementation of the regional plan.

(a) "Annual Report" means that document including the Report of Accomplishments, Local Government Performance Standards Update and optional revised regional work program required on an annual basis.

(b) "Conflict" means any conflict, dispute, or inconsistency arising: * Between or among local comprehensive plans, or components thereof, for any local governments, as proposed, prepared, proposed to be implemented, or implemented; * Between or among regional plans, as proposed, prepared, proposed to be implemented, or implemented; * Between or among local comprehensive plans, or components thereof, for any local governments and regional plans which include such local governments, as such plans are proposed, prepared, proposed to be implemented, or implemented; * With respect to or in connection with any action proposed to be taken or taken by any local government relating to or affecting regionally important resources, as defined by the Department; or * With respect to or in connection with any action proposed to be taken or taken by any local government relating to or affecting developments of regional impact, as defined by the Department.

(c) "Council" means the council governing each regional commission as per O.C.G.A. 50-8-32 .

(d) "Days" means calendar days, unless otherwise specified.

(e) "Department" means the Department of Community Affairs.

(f) "Development of Regional Impact" means any project that exceeds the minimum thresholds established by the Department.

(g) "Green Infrastructure Network" means a strategically planned and managed network of wilderness, parks, greenways, conservation easements, and working lands with conservation value that benefits wildlife and people, supports native species, maintains natural ecological processes, sustains air and water resources, links urban settings to rural ones, and contributes to the health and quality of life for the communities and citizens sharing this network. The network should encompasses a wide range of elements, including: natural areas - such as wetlands, woodlands, waterways, and wildlife habitat; public and private conservation lands - such as nature preserves, wildlife corridors, greenways, and parks; and public and private working lands of conservation value - such as forests, farms, and ranches. It should also incorporate outdoor recreation and trail networks.

(h) "Infrastructure" means those man-made structures which serve the common needs of the population, such as: sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways.

(i) "Local Government" means any county, municipality, or other political subdivision of the state.

(j) "Plan Amendment" means a change to the adopted regional plan that occurs between plan updates. Amendments of the adopted plan are appropriate when the conditions, policies, etc., on which the plan is based, have significantly changed so as to materially detract from the usefulness of the plan as a guide to decision making, or when required by the Department as a result of changes to the planning requirements.

(k) "Plan Update" means a more or less complete re-write of the regional plan, which shall occur every five years and in accordance with the Schedule for Regional Planning maintained by the Department.

(l) "Region" means the territorial area within the boundaries of operation of a Regional Commission.

(m) "Regional Commission" means any commission established under O.C.G.A. 50-8-32 (effective July 1, 2009).

(n) "Regional Plan" means the comprehensive plan for a region prepared by the Regional Commission in accordance with the requirements established by the Department.

(o) "Regional Planning Requirements" means the standards and procedures for regional planning that shall be followed in preparation of regional plans, for implementation of regional plans, and for participation in the regional planning process.

(p) "Regional Work Program" means that portion of the Implementation Program that lists the specific actions to be undertaken annually over the upcoming five years to implement the regional plan.

(q) "Regionally Important Resource" means any natural or cultural resource area identified for protection by a Regional Commission following the minimum requirements established by the Department.

(r) "Supplemental Planning Recommendations" means the supplemental guidance provided by the Department to assist Regional Commissions in preparing plans and addressing the regional planning requirements. The plan preparers and the regional stakeholders must review these recommendations where referenced in the planning requirements in order to determine their applicability or helpfulness to the region's plan.

History

• Authority: O.C.G.A. § 50-8-1, et seq
• History. Original Rule entitled "Data and Mapping Specifications" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: New Rule entitled "Definitions" adopted. F. Aug. 24, 2017; eff. Oct. 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-6-.08 Repealed

History

• Authority: O.C.G.A. § 50-8-1, et seq
• History. Original Rule entitled "Procedural Requirements" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: F. Aug. 24, 2017; eff. Oct. 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-6-.09 Repealed

History

• Authority: O.C.G.A. § 50-8-1, et seq
• History. Original Rule entitled "Definitions" adopted. F. Feb. 12, 2009; eff. July 1, 2009, as specified by the Agency.
• Repealed: F. Aug. 24, 2017; eff. Oct. 1, 2017, as specified by the Agency.

Subject 110-12-7 Developments of Regional Impact: Alternative Requirements: Atlanta Regional Commission

Ga. Comp. R. & Regs. r. 110-12-7-.01 Purpose & Overview

(1) General. The Georgia Planning Act authorizes the Department of Community Affairs (the Department) to establish the specific thresholds, rules, and procedures for the identification of and communication about Developments of Regional Impact (DRI) that are provided in these rules. These rules are applicable to all local governments within the territory of the Atlanta Regional Commission and to the Atlanta Regional Commission, itself. The intent of the DRI rules is: improved local, regional and state level communication about new growth in the State. Communication of this nature will aid in maximizing the positive benefits of new development projects while minimizing their adverse effects. The end result should improve development outcomes for the host jurisdiction, neighboring jurisdictions, the region, and the state. The DRI rules are also intended to coordinate, streamline, and provide consistency with the Georgia Regional Transportation Authority's (GRTA) required review and approval of state and federal expenditures required to create land transportation services and access to DRIs located within GRTA's jurisdictional area pursuant to O.C.G.A. 50-32-14 .

(2)

Overview.

The rules require that:

(a) Local governments considering action on any development project that may meet or exceed the thresholds specified in section 110-12-7-.05(1)(a) must submit the project to their Regional Commission for determination of whether it is a DRI.

(b) If the Regional Commission determines that the project is a DRI, the project must be handled in accordance with the procedures in Chapter 110-12-7-.02 DRI Communication Procedures. The local government may not take final action approving the project or any other action, including but not limited to permitting, while the DRI process is ongoing. See section 110-12-7-.03(4) for actions that the local government may take while the DRI process is underway.

(c) The Regional Commission will manage the distribution of information about the project to neighboring jurisdictions, potentially affected parties, and State entities and will coordinate a process guaranteeing those jurisdictions, parties, and entities an opportunity to provide official comment upon projects that may impact them.

(d) Upon the request of the host jurisdiction, the Regional Commission may evaluate the development project for its local impacts, economic benefits, potential effects on neighboring jurisdictions, consistency with quality growth principles and/or considerations identified in the Regional Commission's Regional Plan.

(e) At the completion of the DRI process, which shall not last more than 30 calendar days (unless process extensions are taken as provided for in section 110-12-7-.02(10)(c) ), the Regional Commission will assemble a report including comments received from neighboring jurisdictions, potentially affected parties, and State entities along with the results of any analysis it may have been requested to conduct pursuant to section (d), above, including any recommendations for maximizing potential positive outcomes and economic benefits, reducing potential adverse interjurisdictional impacts and other suggestions for improvement of the project. The local government is encouraged to consider the contents of the DRI report in making its decisions related to the project.

(3) Changes and Interpretation. These rules and regulations may from time to time be revised by the Department. The Department is the final authority for interpretation of these rules.

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "Purpose & Overview" adopted. F. Feb. 7, 2013; eff. Feb. 27, 2013.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Ga. Comp. R. & Regs. r. 110-12-7-.02 DRI Communication Procedures

(1) Request for Action. Whenever a local government is considering action (see 110-12-7-.03(1) on a development project that may meet or exceed the DRI thresholds for that development type, the local government must contact the Regional Commission Review Coordinator to schedule a Pre-Review Meeting. The local government may do so via email, or written letter.

(2) Pre-Review Meeting. Within 5 days of host local government contact, the Regional Commission will schedule a pre-review meeting to be held within 10 days of first contact, unless requested otherwise by the host local government, the applicant, or other affected party. Invitations to the pre-review meeting must be extended to the host local government, the applicant, and all affected parties. The purpose of the pre-review meeting is to explain the DRI review process, discuss project related issues, determine if the project is a candidate for expedited review, per items outlined in section 110-12-7-.02 (11) (a) , and determine additional information required of the applicant regarding the proposed project. If it can be determined at this stage that the development proposal does not warrant regional review, the Regional Commission may make that determination and terminate the review process. Additionally, the host local government may proceed with its development review process during the DRI process steps specified below, provided that it does not take final official action approving a project until the DRI process is completed and it has had adequate time to consider the Regional Commission's DRI report (see section 110-12-7-.03 (4) for more details).

(3) DRI Determination. Within 5 days of the Pre-review meeting, the Regional Commission must evaluate whether the project is a DRI. The Regional Commission's determination of whether the project is a DRI shall be made in consultation with the host local government and considering the guidelines provided in section 110-12-7-.05(1) . The Regional Commission must then issue notice to the local government, applicant, GRTA (if the local government is located within GRTA's jurisdiction) and the Department using the DRI website, stating whether or not the project has been designated as a DRI. If applicable, the Regional Commission must also provide GRTA with a copy of all information submitted by the local government pertaining to the proposed development. GRTA will then review the project concurrently with the Regional Commission in accordance with GRTA's Principles and Procedures adopted pursuant to O.C.G.A § 50-32-1 et seq. If the Regional Commission determines the project is not a DRI, the process is terminated.

(4) Submittal of DRI Information Form and Additional Information. Provided the pre-review meeting does not result in an expedited review, the applicant must provide the host local government with all information necessary to complete the DRI Information Form. When completed, the host local government must electronically submit the DRI Information Form to the Regional Commission, GRTA (if the local government is located within GRTA's jurisdiction), and the Department using the DRI website. The applicant must also gather all additional information identified at the pre-review meeting and submit this information to the Regional Commission and to GRTA (if the local government is located within GRTA's jurisdiction) in order to ensure that the impacts of the proposed project can be identified. The applicant has 90 days from the date of the pre-review meeting to submit all additional information or the DRI will be considered withdrawn by the Regional Commission.

(5) Notice to Affected Parties and Comment Period. Within 5 days of receiving all additional requested information, the Regional Commission will provide a DRI information packet for review and comment to all affected parties. This packet shall include a project summary, a copy of the DRI Information Form, and any additional information the Regional Commission may have obtained regarding the project. The DRI information packet will also include a notice stating, at a minimum, the following: The beginning and end dates of a 15-day period during which the Regional Commission will accept comments for inclusion in the DRI report to be delivered to the host jurisdiction;The manner in which affected parties should submit comments; and,A list of all of the jurisdictions and affected parties receiving the notice.

(6)

DRI Report.

Within 5 days of the conclusion of the 15-day comment period, unless an extension is granted, the Regional Commission must assemble a DRI report containing the following components. The materials presented in the DRI report are purely advisory and under no circumstances should be considered as binding or infringing upon the host jurisdiction's right to determine for itself the appropriateness of development within its boundaries.

(a) Comments from Affected Parties. The Regional Commission must include all of the comments received from affected parties in the DRI report.

(b) Regional Commission Comments. The report must also include the Regional Commission's assessment of any likely interjurisdictional impacts resulting from the proposed development and how the project relates to the policies, programs, and projects articulated in the Regional Plan and Regional Resource Plan.

(c) Evaluation and Recommendations. Upon request by the host jurisdiction, the Regional Commission may evaluate the development project for potential positive and negative outcomes. The Commission may provide recommendations intended to maximize the potential positive effects and economic benefits, minimize the project's local impacts and impacts upon neighboring jurisdictions, or otherwise further quality growth principles and/or the goals of the regional plan. The extent of this evaluation and recommendations shall be whatever the Regional Commission deems appropriate, but in no circumstance shall it delay the completion of the DRI process. The Regional Commission, in attempting to facilitate this optional activity, shall not compel the host government or applicant to provide information regarding the project beyond that routinely collected in the course of the DRI process.

(7) Notification Requirements. The DRI report must be transmitted to the local government, the applicant, the Department and all affected parties not more than 20 days after the Notice to Affected Parties is issued (unless process extensions are taken as provided for in section 110-12-7-.02(11)(d) . Transmittal of the DRI report officially completes the DRI process.

(8) Local Government Action. After the DRI process is completed, the submitting local government may proceed with whatever final official action(s) it deems appropriate regarding the proposed project, but it is encouraged to take the materials presented in the DRI report into consideration when rendering its decision.

(9) Withdrawal of DRI. If, at any time during the DRI process, an applicant desires to withdraw a DRI project from the process, the local government must inform the Regional Commission in writing of the request. The Regional Commission must provide notice of this withdrawal to all affected parties, thereby concluding the DRI process.

(10) Alternative Dispute Resolution. Alternative dispute resolution of conflicts relating to the Developments of Regional Impact may be initiated in accordance with the process provided for Alternative Dispute Resolution for Inter-jurisdictional Conflicts (Rules of the Department of Community Affairs, Chapter 110-12-5) adopted by the Board of Community Affairs.

(11)

Optional Activities.

(a)

Expedited Review.

The Regional Commission may choose to complete the DRI review process early under the following circumstances. However, the Regional Commission must not issue its finding before the Notice to Affected Parties is issued and the Comment Period has ended

.

1. Livable Centers Initiative (LCI ). A development MAY be eligible for expedited review if it meets at least one of the following: The development is located within an LCI community and the project is "consistent" with the LCI plan; andLCI community in "good standing;" andLocal government has adopted LCI and incorporated into comprehensive plan; andARC and local government staff agree on consistency; or

2. Transit Oriented Development. A development MAY be eligible for expedited review if it is located within 1/4 mile of an existing rail transit station or stop, and: Consistent with local government TOD zoning; and,Consistent with Regional Plan, UGPM, Regional Development Guide, local TOD guidelines or MARTA TOD Guidelines; and,Parking is limited to no more than minimum required by local government; or,

3. Limited Trip Generation. A development MAY be eligible for expedited review if the land uses within the proposed DRI are such that no more than one thousand (1,000) gross daily trips will be generated by the DRI.

(b) Consultations. If, at any point during the DRI Communications Procedures covered in this chapter, it appears to the Regional Commission that the outcomes of the process would be improved by more direct communication, the Regional Commission may at its own discretion bring the local government, the applicant, and the affected parties together to discuss the development proposal, the DRI process, any comments received, or results of any evaluation conducted by the Regional Commission.

(c) Process Extensions. The Regional Commission's Executive Director may approve up to three 30-day extensions of the DRI process to permit negotiations, conflict resolution, or similar activities related to the project. An extension may be approved only upon receiving written request, submitted at any time during the DRI process, from two or more of the following parties: (1) the applicant; (2) the host local government; or (3) any affected party. Each additional 30-day extension must be requested and approved by the Regional Commission's Executive Director separately, and notice given to the local government, the applicant, and all affected parties.

(d) Appeals. In case of disagreement regarding the administration of DRI process, any of the following parties may submit a written request that the Department review how the DRI process was conducted: (1) the applicant, (2) the host local government, (3) the Regional Commission, or (1) any affected party. The Department will only act on appeals requested by at least two of these parties. The request for Department review may be submitted at any time during the DRI process, but no later than 5 days after the Regional Commission transmits the DRI Report. For duly submitted requests, the Board of Community Affairs may evaluate the situation and provide recommendations to resolve any procedural discrepancies that are identified.

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "DRI Communication Procedures" adopted. F. Feb. 7, 2013; eff. Feb. 27, 2013.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Ga. Comp. R. & Regs. r. 110-12-7-.03 Local Government Responsibilities

(1) The local government must follow the applicable procedures identified under DRI Communication Procedures detailed in Chapter 110-12-7-.02 when: 1) an applicant (developer, builder, or landowner who is proposing the new development) requests some type of local government action related to a proposed development project, such as, but not limited to, a request for rezoning, annexation, zoning variance, building or land disturbance permit, hookup to a water or sewer system, master or site plan approval, acceptance of a public street, signing off on a subdivision plat, comprehensive plan amendment, or entering into a contract; and 2) it appears that the proposed development may meet or exceed the applicable DRI thresholds.

(2) When a local government proposes a project that may meet or exceed the DRI thresholds, the local government becomes the applicant and must submit the project to the Regional Commission as a potential DRI.

(3) If a proposed development will be located in more than one jurisdiction and, in total, the proposed development meets or exceeds a DRI threshold, the local government in which the greatest acreage of the project is to be located is responsible for submitting the project to the Regional Commission as a potential DRI, and the regional commission that county lies in shall be the RC that processes the DRI.

(4) The host local government may proceed with its development review process during the DRI process, provided that it does not take final official action approving a project until the DRI process is completed and the local government has had adequate time to consider the Regional Commission's DRI report. It is intended that the DRI process should take place simultaneously with local development review procedures in order to minimize administrative delay for review and approval of large developments. Examples of local development review activities that may take place during the DRI process include, but are not limited to, preliminary staff administrative functions, project evaluation/assessment, community participation meetings and hearings, site visits, and planning commission meetings to discuss, but not vote on, the proposed local action that triggered the DRI process.

(5)

Failure of a local government to submit a project that exceeds the applicable DRI thresholds to the Regional Commission for determination of whether it qualifies as a DRI or to wait until the DRI process is completed before taking final action will result in the following corrective course of action:

(a) On the first occurrence, the Regional Commission staff will meet with the local government to carefully explain the DRI process, benefits of participating in this process, and possible consequences of not participating. Documentation of the occurrence of this meeting shall be provided to the Department.

(b) If, within two years of the meeting above, a local government again fails to submit a qualifying project or to wait until the DRI process is completed prior to taking final action the project, the Regional Commission shall inform the Department. The Board of Community Affairs will evaluate the situation and determine an appropriate response which may include suspension of the local government's Qualified Local Government status for a period of up to 1 year.

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "Local Government Responsibilities" adopted. F. Feb. 7, 2013; eff. Feb. 27, 2013.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Ga. Comp. R. & Regs. r. 110-12-7-.04 Regional Commission Responsibilities

(1) Each Regional Commission is encouraged to establish alternative DRI requirements, specifically tailored to the needs of their region, which may be either more restrictive or less restrictive than those promulgated by the Department in these rules. These alternative requirements may include: 1) alternative DRI thresholds; 2) alternative set of reviewable development types qualifying for DRI review; 3) Amendments to the DRI Communication Procedures. These alternative DRI requirements may apply to the entire region or to specific Areas Requiring Special Attention or Regionally Important Resources that are identified in the Regional Commission's Regional Plan. The alternative requirements must be developed and approved as follows: The Regional Commission must first solicit input about desired alternative DRI requirements from the local governments in its region and any potentially affected parties.The proposed alternative DRI requirements must be approved by a majority of the Regional Commission's Council and subsequently submitted to the Department for consideration.

(2) The Board of Community Affairs must adopt a resolution approving the alternative DRI requirements for that Regional Commission. Whenever a development is submitted to a Regional Commission for DRI determination by one of its constituent local governments, the Regional Commission must undertake the DRI Communication Procedures identified in Chapter 110-12-7-.02 . As appropriate or where duly requested, the Regional Commission may also undertake any of the optional activities identified in section 110-12-7-.02(10) .

(3)

Whenever, within 60 days of local final action on a project, it comes to the Regional Commission's attention that a local government has taken final action upon a project designated as a DRI prior to the completion of the DRI process, or has allowed a development that exceeds DRI thresholds to proceed without complying with DRI Communication Procedures, the Regional Commission must:

(a) Hold a meeting with the local government to carefully explain the DRI process, benefits of participating in this process, and possible consequences of not participating. Documentation of the occurrence of this meeting shall be provided to the Department.

(b) If, within two years of the meeting above, a local government again fails to submit a qualifying project or to wait until the DRI process is completed prior to taking final action the project, the Regional Commission shall inform the Department. The Board of Community Affairs will evaluate the situation and determine an appropriate response which may include suspension of the local government's Qualified Local Government status for a period of up to 1 year.

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "Regional Commission Responsibilities" adopted. F. Feb. 7, 2013; eff. Feb. 27, 2013.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Ga. Comp. R. & Regs. r. 110-12-7-.05 Determining if a Project is a DRI

(1)

Regional Commissions must use the following criteria to determine if a development project qualifies as a DRI. The determination of the Regional Commission is final; however, a determination by the Regional Commission that a project is not a DRI as herein defined will not affect GRTA's authority pursuant to O.C.G.A.

50-32-14

.

(a)

Meets or Exceeds DRI Thresholds.

1. The table below identifies the minimum DRI thresholds for each type of development within the Atlanta Regional Commission consistent with the Unified Growth Policy Map contained in the Regional Plan. Regional Commissions and local governments within each county must utilize the appropriate thresholds associated with their tier. Proposed developments that do not equal or exceed these thresholds are not subject to the DRI Communication Procedures.

(2)

Thresholds Table.

These thresholds shall be construed liberally and applied to development proposals with the goals of: 1) facilitating intergovernmental communication intended to mitigate potential adverse impacts and to catalyze potential positive impacts with the potential to transcend jurisdictional boundaries; and, 2) fostering coordinated and comprehensive planning.

Developments of Regional Impact Development Thresholds

Type of Development

Rural and Developing Rural

Maturing Neighborhoods, Established Suburbs, Developing Suburbs, and other places not mentioned in this table

Regional Centers, and Regional Employment Corridors

Region Core

(1) Airports

New airports or runway extensions of 500 ft. or more

New airport or runway extensions of 500 ft. or more

New airport or runway extensions of 500 ft. or more

New airport or runway extensions of 500 ft. or more

(2) Attractions & Recreational Facilities

1,500, seating capacity of 6,000+

1,500, seating capacity of 6,000+

1,500, seating capacity of 6,000+

1,500, seating capacity of 6,000+

(3) Commercial

300,000 gross square feet or is anticipated to generate more than 10,000 trips per day

400,000 gross square feet or is anticipated to generate more than 10,000 trips per day

500,000 gross square feet or is anticipated to generate more than 10,000 trips per day

600,000 gross square feet or is anticipated to generate more than 10,000 trips per day

(4) Correctional/Detention Facilities

Greater than 300 new beds; or generating more than 375 peak hour vehicle trips

Greater than 300 new beds; or generating more than 375 peak hour vehicle trips

Greater than 300 new beds; or generating more than 375 peak hour vehicle trips

Greater than 300 new beds; or generating more than 375 peak hour vehicle trips

(5) Hospitals and Health Care Facilities

300 new beds

400 new beds

500 new beds

600 new beds

(6) Hotels

400 rooms

500 rooms

600 rooms

700 rooms

(7) Housing

400 new lots or units

500 new lots or units

600 new lots or units

700 new lots or units

(8) Industrial

500,000 SF or 1,600 workers

500,000 SF or 1,600 workers

500,000 SF or 1,600 workers

500,000 SF or 1,600 workers

(9) Intermodal Terminals

New Facilities

New Facilities

New Facilities

New Facilities

(10) Mixed Use

400,000 gross square feet (with residential units calculated at 1,800 square feet per unit, or the minimum allowed by the host local government)

500,000 gross square feet (with residential units calculated at 1,500 square feet per unit, or the minimum allowed by the host local government)

600,000 gross square feet (with residential units calculated at 1,000 square feet per unit, or the minimum allowed by the host local government)

700,000 gross square feet (with residential units calculated at 1,000 square feet per unit, or the minimum allowed by the host local government)

(11) Office

400,000 gross square feet

500,000 gross square feet

600,000 gross square feet

700,000 gross square feet

(12) Petroleum Storage Facilities

Storage greater than 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity greater than 200,000 barrels

50,000 barrels if within 1,000 ft. of water supply

50,000 barrels if within 1,000 ft. of water supply

50,000 barrels if within 1,000 ft. of water supply

(13) Post-Secondary Schools

New school with 2,400 students or expansion of at least 25%

New school with 2,400 students or expansion of at least 25%

New school with 2,400 students or expansion of at least 25%

New school with 2,400 students or expansion of at least 25%

(14) Quarries, Asphalt & Cement Plants

New facility within 1 mile of public facility (airport, school, reservoir, river.), otherwise, notification only

New facility within 1 mile of public facility (airport, school, reservoir, river.), otherwise, notification only

New facility within 1 mile of public facility (airport, school, reservoir, river.), otherwise, notification only

New facility within 1 mile of public facility (airport, school, reservoir, river.), otherwise, notification only

(15) Solar Power Generation Facility

500 acres or more

300 acres or more

300 acres or more

300 acres or more

(16) Technological Facility (Including Data Centers)

500,000 square feet; or covering more than 200 acres

Greater than 300,000 gross square feet; or covering more than 200 acres

Greater than 300,000 gross square feet; or covering more than 200 acres

Greater than 300,000 gross square feet; or covering more than 200 acres

(17) Truck Stops

A new facility with the capacity to fuel 10 or more trucks simultaneously; and, either one acre of truck parking or 20 truck parking spaces

A new facility with the capacity to fuel 10 or more trucks simultaneously; and, either one acre of truck parking or 20 truck parking spaces

A new facility with the capacity to fuel 10 or more trucks simultaneously; and, either one acre of truck parking or 20 truck parking spaces

A new facility with the capacity to fuel 10 or more trucks simultaneously; and, either one acre of truck parking or 20 truck parking spaces

(18) Waste Handling Facilities

New facility within 1 mile of public facility (airport, school, reservoir, river, etc.), otherwise, notification only

New facility within 1 mile of public facility (airport, school, reservoir, river, etc.), otherwise, notification only

New facility within 1 mile of public facility (airport, school, reservoir, river, etc.), otherwise, notification only

New facility within 1 mile of public facility (airport, school, reservoir, river, etc.), otherwise, notification only

(19) Wastewater Treatment Facilities

Notification only (MNGWPD)

Notification only (MNGWPD)

Notification only (MNGWPD)

Notification only (MNGWPD)

(20) Water Supply Intakes/Public Wells/Reservoirs/

Notification only (MNGWPD)

Notification only (MNGWPD)

Notification only (MNGWPD)

Notification only (MNGWPD)

(21) Wholesale & Distribution

500,000 gross square feet

500,000 gross square feet

500,000 gross square feet

500,000 gross square feet

(22) Other (Any development types not readily categorized into the above typologies, including, but not limited to, parking facilities)

1,000 parking spaces or 5,000 daily trips

1,000 parking spaces or, 5,000 daily trips

1,000 parking spaces or, 5,000 daily trips

1,000 parking spaces or, 5,000 daily trips

1. When it is not easily determined whether a project equals or exceeds the applicable DRI threshold, the Regional Commission must consider the following factors in making its determination: Speculative Developments . If final development type is difficult to determine because project tenants have not yet been identified, use the thresholds for the highest intensity development type allowed by current land use regulations. If there are no such local development regulations, estimate the likely type and scale of development based on the real estate market potential of the project site. Multi-phased Developments. Applicants shall submit all phases of the project at inception of the project, rather than submitting each phase one at a time. However, if the applicant seeks local government approvals for smaller phases individually, the determination of whether the project is in fact a multi-phased development should be based on considerations as to whether a master plan has been prepared for the overall project or whether any approvals have been sought for the entire project as a unit. If the multi-phased nature of the project cannot be established in advance, whenever a phase is submitted for approval that, when combined with all previously approved phases of the project built during the past five years, cumulatively equals or exceeds the applicable DRI threshold, the proposed new phase, plus the previously completed phases, and any incomplete portions of the project must be submitted as a DRI. Multiple Land Parcels. If parts of the project are located on separate land parcels, the decision whether the project is a single (perhaps multi-phased) development, or actually separate projects should be based on such considerations as whether the separate parcels are owned by the same entity, whether a master plan has been prepared for the overall project, or whether any approvals have been sought for the overall project as a unit.

(b)

Project Specificity.

Frequently, proposed development projects are submitted for a DRI determination before project specifics are available, such as at the time of an initial rezoning of a large tract of land, establishment of an industrial park, etc. In such cases, the Regional Commission must make a determination of whether the project should proceed through the DRI process presently and/or should be resubmitted when project specifics become available. In making this determination, the Regional Commission must consider factors including, but not limited to:

1. Whether the potential for project impacts is likely to change substantially once project specifics are clarified.

2. The benefit of an earlier notification to affected parties, in terms of need to plan infrastructure expansions well in advance of development, or act otherwise to mitigate potential interjurisdictional impacts.

(c)

Project Changes.

The Regional Commission may determine that a previously submitted DRI is nevertheless subject to another round of comment by affected parties if the project changes are substantial enough to warrant this. Such determination should be made after consultation with the host government and affected parties. Examples of project changes that may lead a Regional Commission to determine that an additional comment opportunity is warranted include but are not limited to: substantial increase of project size or substantial change in the mix of uses (based on the applicable measures used for the DRI thresholds). In making this determination, the Regional Commission must consider such factors as:

1. Whether the potential for project impacts will change substantially for the altered project.

2. Whether significant time has passed since the previous DRI process (thus increasing likelihood that the views of affected parties on the project have changed).

(d)

Redevelopment.

The local government must follow the applicable procedures identified under DRI Communication Procedures detailed in Chapter

110-12-7-.02

when it appears that the proposed redevelopment may meet or exceed the applicable DRI thresholds, even if the previous development on the site was processed as a DRI. The Regional Commission shall review the information provided by the local government to determine if the redevelopment should be processed as a DRI. The Regional Commission shall assess the entirety of the site when determining if an applicable threshold has been met or exceeded. If the commission finds that a threshold has been met or exceeded, it shall consider additional factors in determining if a redevelopment should be processed as a DRI. Such factors include, but are not limited to:

1. The extent to which the proposed project differs from the current site conditions (e.g., land use, utility and infrastructure demand, trip generation, etc.).

2. Whether the potential for project impacts is likely to change substantially once the site is redeveloped (or during construction).

(e) Critical Regional Issues. Proposed developments that meet or exceed the base DRI threshold but fall below the tiered ARC thresholds, are not subject to DRI review, unless the Executive Director identifies a critical regional issue. If the Executive Director identifies a critical regional issue, then the DRI is subject to DRI review.

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "Determining if a Project is a DRI" adopted. F. Feb. 7, 2013; eff. Feb. 27, 2013.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Ga. Comp. R. & Regs. r. 110-12-7-.06 Definitions

(1)

For the purpose of these rules, the following words will have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A. 50-8-1 et seq., will have the meanings contained therein. Terms not defined in these rules, or in O.C.G.A.

50-8-1

et seq., will have ascribed to them the ordinary accepted meanings such as the context may imply.

(a) 'Affected Parties' means: 1) any local governments within geographic proximity that may be impacted by a DRI project located outside of its jurisdictional limits; and 2) any local, state, or federal agencies and subsidiary entities (e.g., local or regional authorities, state and regional water councils, etc.) including the Department that could potentially have concern about a project's impact on regional systems and resources (as appropriate, this may include local and state entities bordering Georgia); 3) Georgia Regional Transportation Authority, if the proposed project is located within GRTA's jurisdiction; and 4) the host Regional Commission plus any Regional Commission within geographic proximity that could potentially have concern about a project's impact on regional systems and resources. This term should be liberally construed to ensure that all potentially affected local governments, public agencies, or Regional Commissions are included in the DRI Communication Procedures.

(b) 'Council' means the Board of Directors of a Regional Commission as per O.C.G.A. 50-8-32 .

(c) 'Days' means calendar days.

(d) 'Department' means the Department of Community Affairs.

(e) "Final Action" means a vote by the governing authority of the host local government that is considering action on a proposed project.

(f) 'Georgia Regional Transportation Authority (GRTA)' means the authority created by O.C.G.A. 50-32-1 et seq.

(g) 'GRTA's Jurisdictional Area' means counties that are under the jurisdiction of the Georgia Regional Transportation Authority.

(h) 'Gross Square Footage' means areas of each floor of a building, measured from the exterior faces of the exterior walls or from the centerline of a wall separating two buildings. The gross square footage measurement is exclusive of areas of unfinished basements, unfinished cellars, unfinished attics, attached or detached garages, space used for off street parking or loading, breezeways, enclosed or unenclosed porches and accessory structures.

(i) 'Incomplete Portion of the Project' means any part of a development project that is not completed to the point of being ready for occupancy or, if applicable, the final certificate of occupancy has not yet been issued by the local government.

(j) 'Interjurisdictional' means among two or more local governments or Regional Commissions.

(k) 'Local Government' means any county, municipality, consolidated government or other political subdivision of the state.

(l) 'Metropolitan' means all local governments located within counties with a population of 50,000 persons or more, according to the most recent U.S. Census.

(m) 'Non-metropolitan' means all local governments within counties with a population less than 50,000 persons according to the most recent U.S. Census.

(n) 'Project' means any proposed development outlined in section 110-12-7-.05(1) above.

(o) 'Redevelopment' consists of new and existing construction on previously developed sites. This can include the clearing or rehabilitation of existing structures, on a site that was previously developed. Redevelopment may also include the introduction of a new development type to a previously developed site.

(p) 'Regional Commission' means a regional commission established under O.C.G.A. 50-8-32 .

(q) 'Regionally Important Resource' means any natural or cultural resource area identified for protection by an Regional Commission following the minimum requirements established by the Department.

(r) 'Regional Plan' means the comprehensive plan for a region prepared by the Regional Commission in accordance with the requirements established by the Department.

(s) 'Regional Resource Plan' means a plan for management and protection of the Regionally Important Resources in the region, developed by the Regional Commission following the procedures established by the Department.

(t) 'Threshold' means a level of development beyond which a project is likely to affect areas or regions outside the boundaries of the local government in which the project occurs.

(2)

Definitions for Types of Development.

The following definitions must be used to identify the types of development that qualify for the development thresholds listed in the thresholds table above.

(a) 'Airports' means land areas and related facilities that are maintained for the landing and takeoff of aircraft and for receiving and discharging passengers and/or cargo, including facilities intended for use by traditional and vertical takeoff and landing (VTOL) equipment.

(b) 'Attractions & Recreational Facilities' means an establishment or set of establishments that provide leisure time recreational or entertainment activities occurring in either an indoor or outdoor setting.

(c) 'Commercial' means activities within land areas that are predominantly associated with the sale of goods and/or services.

(d) 'Hospitals and Health Care Facilities' means a structure, or set of structures, primarily intended to provide health care services for human in-patient medical or surgical care for the sick and injured.

(e) 'Hotels' means establishments that provide temporary lodging and may also provide food and beverage service, entertainment, and/or convention services.

(f) 'Housing' means land areas used predominantly for residential purposes, including one family, two family, and multiple family dwellings.

(g) 'Industrial' means activities within land areas predominantly connected with manufacturing, assembly, processing or storage of products.

(h) 'Mixed Use' means a type of development that is comprised of multiple land uses (e.g. commercial, residential, office, etc.) which may also include multiple density and intensity of each use.

(i) 'Office' means a building(s) wherein services are performed involving predominantly administrative, professional, or clerical operations.

(j) 'Petroleum Storage Facilities' means facilities used to store gasoline, motor fuel, or other petroleum products.

(k) 'Post-Secondary Schools' means the facilities (buildings, open space, dormitories, recreational facilities, and parking) of public and private vocational and technical schools, and colleges and universities.

(l) 'Quarries, Asphalt & Cement Plants' Quarries means an open excavation used for obtaining building stone, slate, or limestone. The terms 'Asphalt' and 'Cement Plants' are self-explanatory. This includes ready-mix concrete plants.

(m) 'Solar Power Generation Facilities' means a facility designed to convert sunlight into electricity using various technologies. This can include photovoltaic (PV) systems, which use solar panels to convert sunlight directly into electricity, concentrated solar power (CSP) systems, which use mirrors to concentrate sunlight and generate heat to drive turbines, or other means. For the purposes of these standards, this does not include power generation intended primarily for on-site consumption or other installations not intended primarily for the commercial production and eventual sale of electricity.

(n) 'Technological Facilities' means activities within land areas predominantly associated with collecting, creating, producing, generating, assembling, processing, analyzing, storing, computing, managing, relaying, transmitting or otherwise interacting with data, digital information, or any other computational resources. This includes but is not limited to data centers.

(o) 'Truck Stops' means an establishment that provides fuel, parking, and related goods and services, and/or amenities to primarily support interstate truck transportation. Such facilities do not include convenience stores that have the primary purpose of selling goods and services to support the traveling public.

(p) 'Intermodal Terminals' means an area and building where the mode of transportation for cargo or freight changes and where the cargo and freight may be broken down or aggregated in smaller or larger loads for transfer to other land based vehicles. Such terminals do not include airports or seaports or facilities primarily intended for the transfer of people from passenger rail to other modes.

(q) 'Waste Handling Facilities' means structures or systems designed for the collection, processing or disposal of municipal solid waste, construction and demolition debris, or hazardous waste. This does not include junk yards, scrap metal yards, or recycling facilities for non-municipal solid waste materials.

(r) 'Wastewater Treatment Facilities' means structures or systems designed for the treatment of sewage. This definition does not include individually-owned septic tanks but may include community-scale land application and/or spray fields.

(s) 'Wholesale and Distribution' means activities within land areas that are predominantly associated with the receipt, storage, and distribution of goods, products, cargo and materials.

(t) 'Water Supply Intakes/Public Wells/Reservoirs/Treatment' means facilities constructed, excavated, drilled, dug or impounded that are used for the supply or pre-consumption purification of potable water for general public consumption.

History

• Authority: O.C.G.A. § 50-8-7.1(b)(3)
• History. Original Rule entitled "Definitions" adopted. F. Feb. 7, 2013; eff. Feb. 27, 2013.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Dec. 15, 2025.

Subject 110-12-8 Procedure and Operations of Annexation Arbitration Panels

Ga. Comp. R. & Regs. r. 110-12-8-.01 Purpose & Overview

(1) General. O.C.G.A. § 36-36-114(g) directs the Department of Community Affairs (the Department) to promulgate rules and regulations to provide for uniform procedures and operations of annexation arbitration panels established pursuant to statute. These specific rules and procedures are provided herein and are applicable to all local governments and school systems in the State. The intent of these rules is to: (1) provide an alternative to the courts for resolving conflicts related to annexation requests; (2) encourage internal discussion and negotiation between the parties involved with the aim of reaching a nonjudicial settlement of disagreements. These rules become effective January 1, 2026.

(2) Overview. These rules establish an alternative dispute resolution process for reconciling interjurisdictional conflicts between and among Georgia's local governments, school systems, and private interests as such conflicts arise from the process of territorial annexation. The dispute resolution involves the use of an impartial third party (or neutral) to guide the process. To provide as much certainty as possible, these rules call for the arbitration process to be concluded within eighty-five (85) days after it is initiated, although this timeframe can be extended by mutual agreement of the municipal and county governments.

(3) Changes and Interpretation. These rules and regulations may from time to time be revised by the Department. The Department is the final authority for interpretation of these rules.

History

• Authority: O.C.G.A. § 36-36-114(g)
• History. Original Rule entitled "Purpose & Overview" adopted. F. Nov. 28, 2022; eff. Jan. 1, 2023, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-8-.02 Definitions

For the purpose of these rules, the following words will have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A § 36-36-110, et seq., will have the meanings contained therein. Terms not defined in these rules, or in O.C.G.A. § 36-36-110, et seq., will have ascribed to them the ordinary accepted meanings such as the context may imply.

(1) 'Business Days' means days of the week, Monday through Friday, excluding weekends and all State holidays.

(2) 'Case Coordinator' is designated by each of the local governments as their official representatives to the annexation arbitration process. Once designated by a local government, the case coordinator will be understood to have authority to act as the primary point of contact in communicating with the Department, the panel, and other parties on behalf of the local government they represent. The case coordinator's responsibilities may include coordinating meeting logistics, relaying information and documents via email or other media, arranging for payment of fees/costs, etc. The case coordinator may be but is not necessarily legal counsel for a party and is not necessarily involved in the presentation of evidence and arguments to the panel on behalf of a local government.

(3) 'Days' means calendar days. The General Assembly has clearly chosen to reference "calendar days" in certain parts of the statute rather than "business days" or "days" and, as such, it is not the practice of the Department to "read out" the word "calendar" as "mere surplusage."

(4) 'Good Faith' means participating in the annexation arbitration process in a sincere effort to resolve any conflict. This includes, but is not limited to: Full-time attendance by the local government's case coordinator and/or other official designee at all annexation arbitration sessions,Withholding final action on the annexation and any development permissions associated with the proposed annexation until the annexation arbitration process is concluded as described in these rules (Note: Only final actions are prohibited, preliminary actions including, but not limited to, staff analysis, meetings and coordination between an applicant or property owner and government staff, hearings before planning commissions, etc. may continue during pendency of the arbitration process.);Providing required materials and responses to the Department, local governments, applicants or owners, impacted school system, case coordinators, the panel, any appointed neutral; and,Coordinating in the management of logistics of scheduling; and,Paying costs associated with the annexation arbitration process as provided in these rules.

(5) 'Hearing Officer' is a neutral, as found on the Georgia Court Professional Directory hosted by the Judicial Council of Georgia, Administrative Office of the Courts. A hearing officer assists the panel in compiling the records of the proceedings. The hearing office may also assist the panel in coordinating the presentation of evidence and argument during its hearings and facilitating the panel's compliance with applicable administrative law and other requirements, managing its meetings, and otherwise serving in a role similar to that of the case coordinator on the panel's behalf.

(6) 'Local Government' means any county, municipality, or consolidated government.

(7) 'Local Plan' means the comprehensive plan for a local government prepared in accordance with the requirements established by the Department.

(8) 'Process Manager' means a staff person at the Department who serves as its point of contact for the local governments (typically via their case coordinators) and administrator of the Department's role throughout the panel appointment process.

(9) 'Qualified Local Government' means a county or municipality that: Has a comprehensive plan in conformity with the minimum standards and procedures;Has made its local plan implementation mechanisms consistent with those established in its comprehensive plan and with the minimum standards and procedures; andHas not failed to participate in the Department's mediation or other means of resolving conflicts in a manner which, in the judgment of the Department, reflects a good faith effort to resolve any conflict.

(10) 'Regional Commission' means any commission established under O.C.G.A. § 50-8-32 (effective July 1, 2009).

(11) 'Verification' when referenced under 'Verifiable delivery' in the statute means delivery that can be decisively confirmed to have occurred. All notices and communications required pursuant to the annexation arbitration process will be sent via verifiable delivery. The Department will verify delivery of all statutorily-required notices using the following mechanisms provided by the parties, as applicable based upon indications in the materials provided: Tracking number produced by a mail carrier service (e.g., USPS, FedEx, UPS);Email with associated read-receipt and/or delivery-receipt, or, if materials are being provided by their recipient, an email showing a delivery time/date in the message's header will be sufficient and/or,For hand-delivered materials, either of the following are accepted: (1) a scan or photo of the notice clearly showing a date-received stamp on the document accompanied by the signature of the person who accepted delivery of the notice on behalf of the receiving party, or (2) an affidavit including the following information: the name and signature of the person who accepted delivery of the notice on behalf of the receiving party, the date received, and the name and signature of the person who delivered the notice.

History

• Authority: O.C.G.A. § 36-36-114(g)
• History. Original Rule entitled "Definitions" adopted. F. Nov. 28, 2022; eff. Jan. 1, 2023, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-8-.03 Annexation Arbitration Process

(1)

Petition for Annexation Arbitration.

The county must file a petition for annexation arbitration with the Department to begin the process. It is the county's responsibility to include all of the following materials when they submit the petition for annexation arbitration: (1) HB2a (and supporting materials listed below); (2) evidence of delivery verification; and (3) any materials that originate from the municipality. Failure of the municipality to provide the county with the documents listed below in support of its petition for annexation arbitration, along with any other documentation determined by the Department to be necessary supporting materials, may be construed as inconsistent with good faith participation in the process.

(a) HB2a. The county must use the HB2a Notification of Objection to Annexation and Request for Panel form (Form HB2a) when petitioning for the appointment of an arbitration panel. All fields on the form must be completed, including: The county name;The city name;A legal description of the subject property or properties; andContact information for the local governments and property owners. Form HB2a shall be accompanied by supporting materials, including a copy of the Notice of Annexation provided in O.C.G.A. § 36-36-111, as sent to the county and any impacted school system, a copy of the Notice of Objection provided in O.C.G.A. § 36-36-113, the owner's/developer's petition for annexation clearly showing the date the city first received/accepted the petition, documentation showing that a majority of the elected body of the objecting local government voted in favor of the objection, and any additional correspondence or materials exchanged between the parties relevant to the proposed annexation.

(b) Verifiable Delivery. The Form HB2a and accompanying materials must be sent to the parties and the Department by Verifiable Delivery. In all circumstances, regardless of the method of delivery, the means of verifying delivery shall be clearly evident on the materials provided.

(2)

Review of the Petition.

Upon receipt of a petition for annexation arbitration, the Department will review the petition and determine whether the conflict is eligible for annexation arbitration. In making this determination, the Department must consider if the following conditions have been met:

(a) Standing. Whether the petitioner or an authorized representative is of the affected county governing authority.

(b) Completeness. Whether the petition is complete and accompanied by the required supporting materials, as described above, including the provision of a mechanism to verify delivery for all statutorily-required notices as defined above.

(c)

Timeliness.

Whether all statutorily-required notices issued thus far into the process have included all materials and information required by statute and whether such notices have been timely delivered, in accordance with the timeline prescribed by statute, based upon the Department's verification.

1. Notice of Annexation. Within thirty (30) days of a municipal corporation's acceptance of a petition of annexation, the municipal corporation shall notify the governing authority of the county and any impacted school system in which the territory to be annexed is located by verifiable delivery. Statute provides that this Notice of Annexation includes the proposed zoning and land use for such area.

2. Notice of Objection. The county can then object by majority vote, as defined by applicable general or local law. The objection will be delivered to the municipal corporation and the Department by verifiable delivery, no later than the end of the forty-fifth (45 th) day following the county's receipt of the Notice of Annexation from the city. The Department shall request any additional information from the local governments necessary for it to make determinations related to this section. As previously noted, all process participants shall comply in the prompt delivery of requested information. It is the county's responsibility to submit a complete annexation arbitration petition in a timely manner. In order to ensure strict compliance with the forty-five (45) calendar days allowed under O.C.G.A § 36-36-113(c), the Department may articulate a case-specific timeline for the provision of additional documentation to facilitate its review of the petition.

(d)

Jurisdiction.

Whether the petition is based upon an objection that is subject to annexation arbitration as provided in O.C.G.A. §

36-36-113

. The Department shall make no determination as to the validity of the objection as such determination is reserved exclusively to the arbitration panel. Rather, the Department shall focus its determination on whether the objection:

1. Advances any arguments related to a potential material increase in burden upon the county resulting from change in proposed zoning or land use, proposed increase in density, and/or infrastructure demands related to the proposed change in zoning or land use. Objections failing to advance such arguments cannot be considered by an annexation arbitration panel.

2. Provides any information purported by the county to be evidence demonstrative of any potential financial impact that could result from the proposed annexation when the objection claims financial impact as the basis. The Department will decline to advance petitions for annexation arbitration that fail to meet all of the conditions detailed above. Once such a determination has been reached, the Department will notify the municipal and county governments of this determination and explain its rationale for doing so. The objecting local government may revise, amend, and perfect its petition and resubmit it for the Department's review if sufficient time remains to provide it via verifiable delivery to the municipal corporation and the Department prior to expiration of the forty-five (45) days allotted to the county for filing its Notice of Objection.

(3) Advancement of the Petition. If, after reviewing the petition, the Department determines that the annexation conflict is eligible for arbitration via this process, it shall notify the parties listed below. The petitioning local government;The local government whose proposed action is the subject of the arbitration;Other members from the local governments possibly including but not limited to the planning directors, the county and city manager, and the chief elected officials;Members of the Georgia Municipal Association and the Association of County Commissioners of Georgia;The planning director of the regional commission in which the subject property is located;Appropriate additional staff at the Department;Qualified arbitration panelists from the municipal, county, and academic pools as provided by statute. In providing this notice to the local governments, the Department shall request that each government designate a case coordinator and communicate that individual's identity to the Department within a timeframe communicated by the Department when making such request.

(4)

Initiation of Annexation Arbitration Process.

The Department shall follow this process in appointing a panel.

(a) Availability and Eligibility to Serve. Once the Department has provided notice that the petition will advance, it shall attempt to appoint an arbitration panel. The Department will inform eligible individuals within the pools of panelists established for this purpose regarding the matter that their participation on a panel has been requested and ask them to confirm their availability and eligibility.

(b) Selection of Potential Panelists. Once the Department has received the necessary number of panelists: four (4) from the county pool, four (4) from the municipal pool, and three (3) from the academic pool, the Department will contact the city and county for strikes.

(c) Striking Potential Panelists. Within fifteen (15) business days of the date that the Department first receives a complete objection as evidenced by a petition consistent with Chapter 110-12-8.03(1), the Department shall provide the parties the name, title/position, term of office (if an elected official) or qualification (if an academic panelist or a manager or administrator), and the residency of the potential panelists. The municipality shall strike two (2) potential panelists from the pool of county officials and the county shall strike two (2) potential panelists from the pool of municipal officials. The municipality and the county shall each strike one (1) panelist from the academic pool and one (1) alternate strike. In the event that both local governments opt to strike the same academic panelist, the alternate panelist selected by the local government whose strikes are received by the Department second (in order of their receipt) will be struck from the pool. In the event that more than the required number of arbitrators remain following strikes, the Department shall randomly appoint the number of arbitrators needed from the appropriate pool, as provided to the local governments. Ultimately, the panel will be appointed consisting of the five (5) potential panelists remaining after the strike process. The local governments shall use whatever criteria seems most appropriate to them to select their strikes, but under no circumstances shall potential panelists be contacted by any local government, applicant or property owners, or impacted school system, or on behalf of any the aforementioned parties prior to appointment of an arbitration panel. The local governments shall expeditiously inform the Department of the potential panelists they choose to strike. This information shall be provided by the local government's representative to the Department's process manager via electronic mail. These strikes shall be provided to the Department no later than noon on or before the twentieth (20th) business day following the date that the Department receives the complete petition for arbitration.

(d) Appointment of the Panel. The forgoing process having successfully completed, an impartial third-party panel will be appointed no later than the twentieth (20 th ) business day following the date when the Department first received a complete and timely petition to object from a county with standing to request arbitration. The panelists and the individuals and entities listed in section 110-12-8-.03(3) , above, will be notified via electronic mail of the panel's appointment. If, despite its efforts, the Department is unable to fulfill the request for an arbitration panel within the twenty (20) business days provided by statute (e.g., an insufficient number of eligible panelists were available to serve, or some other procedural anomaly), the Department will necessarily decline to appoint a panel. Statute offers no provision for extension of this timeline or waiver of this requirement. In such a case, the Department shall notify the individuals and entities listed in section 110-12-8-.03(3), above, of the impasse, that the Department is unable to fulfill the request for a panel, and recommend that the objecting county consider seeking judicial resolution of the conflict. Appointment of the panel concludes the Department's active role in the process. The Department shall not participate in the scheduling or conducting of meetings/hearings, management of the panel (except in the event of the withdrawal or subsequent ineligibility of a panelist), collecting owed costs, filing of deed restrictions, etc.

(e) Replacement of Panelists. In the event that a panelist becomes or is determined to be ineligible or otherwise unable to participate in the arbitration process subsequent to the panel's appointment, such a panelist may withdraw or be withdrawn from the panel. The panelist shall document the withdrawal by using the Department's " HB2e: Annexation Arbitration Panelists Withdrawal " form (Form HB2e) and provide it to the Department and all the relevant parties. In the event that the panelist is persistently unresponsive, legally unable to participate, or otherwise permanently unavailable, the case coordinator (or coordinators if more than one case coordinator has been appointed) may file the Form HB2e on behalf of the panelist. The Department shall randomly appoint a new arbitrator to such panel by randomly selecting an eligible arbitrator from the specific pool of arbitrators from which the original arbitrator was randomly selected; provided, however, that such new arbitrator shall not have been previously stricken by the county or municipality. If no eligible arbitrator is readily available, the Department shall seek availability of potential panelists from the corresponding pool of the vacancy. The first eligible panelist indicating to the Department that they are available to serve will be appointed as a replacement.

(5)

Panelists.

(a) Remuneration. The members of the arbitration panel will receive the same per diem, expenses, and allowances for their service on the panel as authorized by law for members of the General Assembly plus $100.00 in total for all days of service for serving on an arbitration panel.

(b)

Selection.

Panelists will be solicited from an existing pool of eligible participants, meaning they meet the below requirements:

1. A current elected official, manager, or administrator for a county or city or, someone who was an elected official for a county or city within the past six (6) years; or

2. A person with a master's degree or higher in planning or an MPA, who is currently employed by an institution of higher learning in Georgia, other than the Carl Vinson Institute of Government of the University of Georgia; and

3. They have attended the statutorily mandated training regarding annexation arbitration provided by the Carl Vinson Institute of Government. Such training shall include, among other things, content intended to facilitate panelist's compliance with applicable regulations and statute related to the conduct of meetings. All potential panel members must have attended this training.

(c) Frequency of Participation. As nearly as practicable, no one from the pool of potential panelists should serve on a panel more than four (4) times in one (1) calendar year.

(d) Residency. Panelists shall not participate in an arbitration panel if they currently live in the county which has interposed the objection, or any municipality located wholly or partially in such county. Pool members shall notify the Department of their updated address if they change residence into the territory of a different local government while in the pool of potential panelists.

(e) Employment. Panelists shall not participate in an arbitration panel if they are actively seeking employment in the county which has interposed the objection or any municipality located wholly or partially in such county. Panelists shall not participate in an arbitration panel if they are currently employed or have been employed within the preceding six (6) years by the county which has interposed the objection or any municipal corporation located wholly or partially in such county.

(6) Meetings. The panel, once appointed, should meet as soon as practicable after the appointment and receive evidence and argument from the local governments and the applicant or property owner. These meetings can take place in person, virtually, or via teleconference. Any meeting should provide an opportunity for all affected parties to be present. Any meeting within which evidence is to be presented or argument to be made shall be open to the public, Any opportunity for input or involvement by the general public in any meeting is at the discretion of the panel (or its elected chair, if such a position is created), however, under no circumstance shall public comment be permitted to impair, impede, interrupt, or otherwise frustrate the presentation of evidence and arguments by the local governments. At least 14 days prior to the meeting of a panel, the hearing notice for the meeting shall be sent to the Department. The Department will put the notice on their website and share it with the county, municipality, and applicant/property owner. The county and city are encouraged to post public notice of such meetings in accordance with their own standard practices. The panel shall meet at times, dates, locations, and via media of its own choosing and the affected parties must comply with the scheduling set by the panel. In doing so, the panel shall make all reasonable effort when dictating its schedule to allow attendance by all affected parties. Ultimately, however, the panel shall dictate the schedule of meetings, not the affected parties. Written record of all meetings shall be kept by the panel (its elected secretary, its appointed hearing officer, and/or court reporter). Such records shall include, but not be limited to: Identities of panelists and representatives of affected parties in attendance (and any absences of required attendees);Copies of documents provided to the panel and/or produced by the panel (e.g.: agenda, if created; schedule of meetings; documentary evidence presented;Motions made by panelists and the local governments; and,Outcome of votes taken by the panel including the number of those in favor and opposed, the identity of those in favor and opposed. All determinations and decisions of the panel whether pertaining to its own organization (e.g., electing a chair), the merits of the case (e.g., determining whether to impose zoning restrictions), or any other substantial matter shall be made on the basis of a majority vote of the five panelists. All votes shall be "Yay" or "Nay" with no abstentions permitted.

(7) Evidence and Argument. The panel shall conduct a meeting at which the local governments as well as the applicant or property owner shall present evidence and arguments related to the following topics: The existing local comprehensive plans of both the County and City;The existing land use patterns in the area of the subject property;The existing zoning patterns in the area of the subject property;Each jurisdiction's provision of infrastructure to the area of the subject property and to the areas in the vicinity of the subject property;Whether the county has approved similar changes in intensity or allowable uses on similar developments in other unincorporated areas of the County;Whether the county has approved similar developments in other unincorporated areas of the county which have a similar impact on infrastructure as complained of by the County in its objection; andWhether the infrastructure or capital outlay project which is claimed adversely impacted by the county in its objection was funded by a county-wide tax. The county shall provide supporting evidence that its objection is consistent with its local comprehensive plan and the pattern of existing land uses and zonings in the area of the property, which may include, but not be limited to, adopted planning documents and capital or infrastructure plans. Likewise, the municipal corporation and/or the applicant or property owner shall provide supporting evidence that the proposed annexation is consistent with the municipality's local comprehensive plan and the pattern of existing land uses and zonings in the area of the property, which may include, but not be limited to, adopted planning documents and capital or infrastructure plans. Each of these parties may provide evidence and argument undermining the evidence and argument presented by its opposition. A municipality may opt to maintain neutrality on a proposed annexation action and defer all advocacy in support of such an action to the applicant or property owner who has made such a proposal. Such a position shall not be viewed as unreflective of good faith participation in the process. Such a position shall have no bearing on the panel's consideration of the merits of the proposed annexation. Failure of an applicant or property owner to provide evidence and argument advocating for the proposed annexation shall have no bearing on the panel's consideration of the merits of the proposed annexation. Evidence and argument not relevant to the grounds for objection provided at O.C.G.A. § 36-36-113 or related to the items listed and discussed above (e.g., arguments related to contiguity of borders or the creation of "unincorporated islands") are beyond the panel's purview and, as such, shall not be presented to or entertained by the panel. In complying with this rule avoiding raising arguments to the panel that are beyond the panel's purview, a local government and/or applicant or property owner reserves and does not waive any such arguments.

(8) Deliberation and Decision. The panel shall meet to deliberate and make decisions on the outcome of the arbitration. This may occur in one or more meetings, as determined by the panel. This may occur during the same meeting as the meeting(s) within which evidence and argument are presented, but it is not necessarily so. The panel shall first determine whether or not the grounds for objection as specified in the objection are valid pursuant to O.C.G.A. § 36-36-113. In reaching its determination, the panel shall consider the local governments' arguments and evidence as it relates to the grounds provided by statute and the directions provided above. After deliberation, the determination of the panel shall be established by majority vote of the five panelists. If the panel determines that an objection is valid, they shall, by majority vote of the five (5) panelists, determine whether or not it necessary to establish development limitations including reasonable zoning, land use, or density conditions that are applicable, to the annexation and propose reasonable mitigating measures as to an objection pertaining to infrastructure demands. The panel may determine by majority vote of the five panelists that either of the local governments has advanced a position that is not valid on its face. If the position advanced by a local government determined by the panel to have so wholly invalid, the costs associated with the annexation arbitration process which would have generally been divided equally between the local governments will be borne in their entirety by the party deemed to have advanced such a position. The rationale for this method of apportioning costs shall be clearly communicated in the panel's findings. The panel's determination(s) and any necessary development limitations and/or other mitigation measures shall be detailed in writing. All determinations and decisions of the panel shall be made on the basis of a majority vote of the five panelists. All votes shall be "Yay" or "Nay" with no abstentions permitted.

(9)

Process Options.

(a) Court Reporter & Hearing Officer. The panel may elect to employ a court reporter and/or hearing officer to assist the panel in creating procedural records and/or managing the hearing process. All costs and charges related to the employment of a court reporter and/or hearing officer shall be evenly divided between the local governments except as otherwise provided. The court reporters and hearing officers available to the panel shall be the Georgia Court Professional Directory hosted by the Judicial Council of Georgia, Administrative Office of the Courts. Hearing Officers shall be selected from the court professionals labeled "neutrals" in the directory while court reporters shall be selected from among those labeled as such in the directory.

(b) Decision Extension. While generally, the panel is to render a decision regarding the annexation arbitration dispute no later than sixty (60) days following its appointment, the chair of the panel is authorized to extend this deadline once, for a period of up to ten (10) business days. The need for such an extension shall be based upon such criteria as the chair deems appropriate and necessary to conform with the purpose of the process. Such an extension shall be immediately provided in writing to the local governments, the applicant or property owner, and the Department via verifiable delivery.

(c) Postponement. Only after the Department has determined that the annexation conflict is eligible for arbitration and the parties have received the notice required by Chapter 110-12-8-.03(3) , the city and county may, by mutual agreement, postpone the arbitration process for a period of up to one hundred eighty (180) days to negotiate a potential settlement. The arbitration process cannot be postponed until the Department has deemed the petition eligible for arbitration and has notified the parties that the empaneling process will move forward. This postponement will pause the sixty (60) day deadline. Any postponement agreement shall conform to the process and documentation provided by the Department, and it shall immediately be provided to the applicant or property owner, the panel, and the Department via verifiable delivery. The postponement will begin the day the Department receives a complete request for postponement. Either local government can submit a postponement agreement so long as the agreement has been signed by an authorized representative (e.g. case coordinator, legal counsel, chief elected official, as determined by the local government) from each local government. If the conflict has not been resolved during the period of postponement, but if either party has opted to conclude the postponement period, the party terminating postponement shall immediately provide notification to the applicant or property owner, the panel, the Department, and the opposing party via verifiable delivery. Once the Department has received and acknowledged notice that the parties have resolved their conflict, once the Department has received and acknowledged notice that the postponement has been terminated, or upon the end of the period of postponement agreed to by the parties, the calculation of time related to the arbitration process shall resume based on the day on which the postponement began. No action advancing the arbitration process may take place during postponement including, but not limited to, the appointment or reappointment of panelists, scheduling meetings of the arbitration panel, pre-hearing meetings of the panel, etc.

(d) Costs. The arbitration costs will generally be split evenly between the county and the municipal corporation. However, as provided above, in some circumstances, the panel may elect to apportion the entirety of the costs associated with the arbitration process to one party. Regardless of the manner of apportioning costs (i.e., evenly split or wholly apportioned to one party), all associated process costs, including any reasonable costs of the property owner or owners participating in the process, will be apportioned in the same manner. Fees shall be payable to, as apportioned, within 45 days of the conclusion of the arbitration process as provided in these rules.

(e) Withdrawal. The objecting local government may, by majority vote of its elected body, as defined by applicable general or local law, withdraw its objection at any point of the process for any reason. Likewise, the applicant or property owner may withdraw the annexation petition at any time for any reason, thus rendering the arbitration moot. Notice of a withdrawal utilizing the process and documentation provided by the Department, shall be provided to the Department, the municipality, the applicant or property owner, and, if it has already been empaneled, the panel within seven (7) days of the body's vote. Upon receipt of this notice, the Department shall acknowledge its receipt and immediately dissolve the panel. If withdrawal occurs after costs have been incurred, all parties shall be responsible for their own costs, and any costs that may have already been incurred by the panel shall be split evenly between the county and the municipal corporation.

(f) Appeal. The municipal or county governing authority or an applicant for annexation may appeal the decision of the panel by filing an action in the superior court of the county within ten (10) days from the verified receipt date of the panel's findings. The sole grounds for appeal shall be to correct errors of fact or of law, the bias or misconduct of an arbitrator, or the panel's abuse of discretion. Any party filing such an appeal shall provide a notice to all the affected parties, the Department, and the panel that has filed such an action. Copies of all filings including any order(s) issued as a result of the appeal shall be provided to the Department via verifiable delivery. Any unappealed order shall be binding upon the parties.

(g) Interparty Negotiations. Ongoing communication, discussion, and negotiation between the local governments and/or the applicant or property owner outside of arguments before the panel are critical to a mutually-agreeable outcome for a disputed annexation. The local governments and the applicant or property owner are urged to take every opportunity to resolve their conflict outside of hearings in front of the arbitration panel. The county, the municipal governing authority, and the property owner or applicant shall negotiate in good faith throughout the annexation proceedings provided by this article and may at any time enter into a written agreement governing the annexation. Such agreement may provide for changing the zoning, land use, or density of the annexed property during a period of less than two (2) years. All costs that may have been incurred by the parties and/or the panel shall be apportioned as provided in the agreement. Any such agreement shall be immediately provided in writing to the local governments, the applicant or property owner, the panel, and the Department via verifiable delivery. If such an agreement is reached after the arbitration panel is appointed and before its dissolution, the panel shall hold a meeting at which the agreement shall be adopted by the panel as its findings. If such an agreement results in a withdrawal of the objection or a withdrawal of the annexation petition, the section of these rules regarding withdrawals, above, shall apply.

(10)

Conclusion of Annexation Arbitration Process.

The panel's findings shall be detailed in writing and provided to the affected parties and the Department by verifiable delivery within sixty (60) days of its appointment, or otherwise pursuant to any postponement or decision extension as provided in the Rules of the Department in Chapter 110-12-8. The written findings and recommendations shall include a signed statement for each panel member as to whether or not he or she voted in support of or against such findings and recommendations.

(a)

If the findings contain zoning, land use, or density conditions, or other mitigating measures, the county shall ensure that the findings are recorded in the deed of records of the County with the following caption description:

1. The name of the current property owner

2. Recording reference of the current owner's acquisition deed and a general description of the property

3. Clearly stating any expiration date of any restrictions or conditions Documentation clearly demonstrating that this recordation has occurred shall be provided to the affected parties municipality, the applicant or property owner, and the Department once it has been completed.

(b) By operation of law, requiring no further action of the local governments, the applicant or property owner, the Department, or the panel, itself, the panel shall be dissolved on the ten (10 th) day after it renders its findings. However, the panel may be reconvened if, upon appeal, the court remands the matter to the panel for further consideration. If so reconvened, the panel shall, again, be dissolved on the ten (10 th) day after it renders its further findings.

(c) The annexation arbitration process will be understood to have concluded after: the Department has received the panel's findings; remuneration for costs has been provided; either the opportunity to appeal the panel's decision has expired or the appellate process has concluded; and, if the court has remanded the matter to the panel, the panel has completed that process and provided its subsequent findings to the local governments, the applicant or property owner, the Department, and, as appropriate, the court. If a decision has not been rendered within sixty (60) days following the appointment of the panel, without proper notification of postponement or deadline extension, the annexation arbitration process is summarily deemed to have concluded without findings.

(d) Following the conclusion of this process, the city and an applicant for annexation may either accept the findings of the panel and proceed with the remaining annexation process or abandon the annexation proceeding, altogether.

(e) If at any time during the proceedings the municipal corporation or applicant abandons the proposed annexation, the county shall not change the zoning, land use, or density affecting the property for a period of one year unless such change is made in the service delivery agreement or comprehensive plan and adopted by the affected city and county and all required parties.

(f) If the annexation is completed after final resolution of any objection, whether by agreement of the parties, act of the panel, or court order as a result of an appeal, the annexing local government shall not change the zoning, land use, or density of the annexed property for a period of two (2) years unless such change is made in the Service Delivery Strategy or Comprehensive Plan and adopted by the affected city and county and all required parties.

History

• Authority: O.C.G.A. § 36-36-114(g)
• History. Original Rule entitled "Annexation Arbitration Process" adopted. F. Nov. 28, 2022; eff. Jan. 1, 2023, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-8-.04 Compliance

(1) Participation. O.C.G.A. § 50-8-2(a)(18)(c) defines a "Qualified Local Government" as a county or municipality which, among other qualifications, has not failed to participate in the Department's mediation or other means of resolving conflicts in a manner which, in the judgement of the Department, reflects a good faith effort to resolve any conflict. If, prior to the process's conclusion as described above, the Department determines that either or both local governments are not participating in the annexation arbitration process in good faith, the Department shall decertify the local government's(s') qualified local government status ("QLG status") for a period the Department deems necessary to promote a return to good faith participation and discourage any future disruption to the instant annexation arbitration and future annexation arbitration processes. The Department shall issue a Notice of Intent to Decertify to the local governments by verifiable delivery seven days prior to decertifying the local government's(s') QLG status. This notice shall detail the actions determined by the Department to be unreflective of good faith participation and provide recommendations to assist in correction by the local government(s). If, during those seven days, the local government(s) have successfully addressed the Department's concerns, QLG status shall not be interrupted. If, upon passage of the seventh (7th) day, the Department determines that its concerns have not been satisfactorily addressed, it shall issue a Notice of Decertification via verifiable delivery to the local governments and shall follow the Department's standard practice of notifying the public and other governmental entities of the decertification.

(2) Violation of Conditions. No local government may change the zoning, land-use, or density of the annexed property prior to the expiration of the timeframes provided by O.C.G.A. § 36-36-112 , § 36-36-117 , or § 36-36-118 . A party aggrieved by such a violation may seek relief from a court of competent jurisdiction, however, any such violations, outside of the annexation arbitration process or subsequent to its conclusion, are not within the purview of the Department.

History

• Authority: O.C.G.A. § 36-36-114(g)
• History. Original Rule entitled "Compliance" adopted. F. Nov. 28, 2022; eff. Jan. 1, 2023, as specified by the Agency.
• Repealed: New Rule of same title adopted. F. Nov. 25, 2025; eff. Jan. 1, 2026, as specified by the Agency.

Subject 110-12-9 Procedure and Submission of Service Delivery Strategies

Ga. Comp. R. & Regs. r. 110-12-9-.01 Purpose & Interpretation

(1) Purpose. O.C.G.A. § 36-70-23.1 and 36-70-26 directs the Department of Community Affairs (the Department) to promulgate rules and regulations to provide a uniform procedure for Service Delivery Strategy (SDS) submission, review, verification, and state-wide mapping standards. These specific rules and procedures are provided herein and are applicable to all local governments and authorities in the State. As such, the intent of these rules is to: (1) provide direction for the filing (submission, review, and verification, etc.) of SDSs; (2) provide uniform mapping standards for the description of geographic areas for local government services within the SDS; and, (3) accomplish any and all other directives to the Department related to local service delivery strategies pursuant to applicable statute. The rules intentionally provide no substantive guidance surrounding the mechanics of the interparty process of formulating service delivery arrangements or renegotiating them or the resolution of disputes related to or arising from them. No action from the Department shall be interpreted as an agency action approving or disapproving the specific elements or outcomes of the strategy. These rules become effective January 1, 2026.

(2) Changes and Interpretation. These rules and regulations may be revised from time to time by the Department. The Department is the final authority for interpretation of these rules.

History

• Authority: O.C.G.A. §§ 36-70-23.1; 36-70-26(d)
• History. Original Rule entitled "Purpose & Interpretation" adopted. F. Nov. 25, 2025, eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-9-.02 Definitions

For the purpose of these rules, the following words will have the meaning as contained therein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A. § 36-70-20, et seq., will have the meanings contained herein. Terms not defined in these rules or in O.C.G.A. § 36-70-20, et seq., will have ascribed to them the ordinary accepted meanings such as the context may imply.

(1) 'Parties' within the SDS include the county and any municipality located either wholly or partially within the county without regard to whether the local government is a signatory of the SDS, required or otherwise.

(2) 'Service Delivery Strategy' means the collection of the forms, geospatial information, intergovernmental agreements and contracts, and all other supporting materials that describe the totality of service delivery arrangements for a county, all municipalities located wholly or partially therein, and authorities providing service to any territory within the county. This may also be referred to as the "SDS Document" or the "Agreement", (if referring to an intergovernmental agreement or some other agreement, it will be specified as such.).

(3) 'Service Delivery Strategy Amendment' is an amendment as required under O.C.G.A. § 36-70-21(a)(2) , or any other amendment to the SDS as necessary.

(4) 'Service Delivery Strategy Update' is the update required under O.C.G.A. § 36-70-21(a)(1) . This may also be referred to as the '10-year update' or 'full update'. This is an SDS that contains a Form 2 for every service provided by or on behalf of any local government or authority serving any territory within the county covered by SDS.

(5) 'Verifiable Delivery' means delivery that can be decisively confirmed to have occurred. All notices and communications to the Department, necessary to implement O.C.G.A. § 36-70-26 , will be sent via verifiable delivery or as specified by the Department. Verifiable delivery between the Parties includes: Posted mail with a tracking number produced by a mail carrier service (e.g., USPS, FedEx, UPS);Email showing delivery time/ date in the message's header or (delivery and read receipts are strongly advised),For hand-delivered materials, a scan or photo of the notice clearly showing a date-received stamp on the document accompanied by the signature of the person who accepted delivery of the notice on behalf of the receiving party. An affidavit including the following information is also acceptable: the name and signature of the person who accepted delivery of the notice on behalf of the receiving party, the date received, and the name and signature of the person who delivered the notice.

History

• Authority: O.C.G.A. §§ 36-70-23.1; 36-70-26(d)
• History. Original Rule entitled "Definitions" adopted. F. Nov. 25, 2025, eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-9-.03 Mapping Standards

(1) Requirements for Data Submission. If a party elects or is required to provide a map within the SDS, the geospatial data used in producing such maps must be submitted to the Department in a GIS (Geographic Information System) digital vector data format simultaneously with the submission of the SDS. The submission shall meet the technical standards as promulgated by the Department. These standards are outlined in the "Service Delivery Strategy Technical Specifications for Data, Mapping, and Document Assembly" guidance document, located on the Department's website.

(2)

Map Elements for Service Area Maps.

Maps visually represented in the SDS document shall be created using mapping software such as ArcGIS or QGIS that enables compliance with the data requirements detailed by the Department's website. Maps produced by any other method (e.g., by hand on a printed map, using a computer-based "painting" or "drawing" program to place shapes on top of a map, etc.), will not be verified. Any map verified in previous iterations of the SDS which do not conform with these standards must be recreated in a manner that complies with current standards and must be included as a component of the next SDS submitted for verification.

At minimum, one county-level map (zoomed to the visible extent of the county) must be provided for each service being mapped and visually represented in the SDS document. Each map visually represented in the SDS document shall conform to the requirements, below:

(a) Layers. Each service area map must clearly show one or more Service Area Boundary Layers and one or more of the following layers as appropriate: County LayerMunicipal Boundary Layer*Parcel Layer (As desired by the Parties and as practical in the scale of the map, most likely only useful in an inset map. Data must be provided as discussed above, whether the layer is shown or not.)*Census Tract Layer (As desired by the Parties and as practical in the scale of the map, most likely only useful in an inset map. Data must be provided as discussed above, whether the layer is shown or not.)

(b) Title. A title shall be provided on each map, clearly indicating what service is being provided to what service area. The title must match exactly the name used on the submitted Form 1 "General Instructions" and the Form 2 "Summary of Service Delivery Arrangements" corresponding to the specific service being mapped. (For instance, "2026 Sample County Sewer Map".)

(c) Legend. A clear legend is required that defines any markings (colors, symbols, gradients, etc.) used on the map. The legend shall reflect all markings on the map, and the map should reflect all items defined in the legend. The legend shall be consistent with the information provided in corresponding SDS forms.

(d) Map Scale. A map scale shall provide accurate linear relation information.

(e) North Arrow. The north arrow shall be obviously located and shall clearly illustrate which direction on the map is 'North'.

(f) Labels and Wayfinding Aids. Labels shall be included where appropriate to provide bearing and map clarity (for instance, to mark interstates or large roads). Transportation facilities (key roads, and highways) and other easily recognizable characteristics of the mapped territory should be incorporated into maps to facilitate users' orientation and interpretation of the boundaries and areas of mapped service areas. If the map is countywide or large-scale, labels should mark the location of cities within the county. Labels shall be consistent with the descriptors used in corresponding SDS forms.

(g) Resolution and Scale. Care must be exercised in creating the map to ensure that all map features can be readily discerned (e.g., not blurry) and are presented at a size that facilitates their use. For small service areas or geographies with multiple service providers in a small area, the SDS document shall include one or more inset maps which visually represent geographies smaller than the full extent of the county. This inset map should be provided at the visible extent necessary to clearly illustrate and document service area boundaries while containing all required layers listed above.

History

• Authority: O.C.G.A. §§ 36-70-23.1; 36-70-26(d)
• History. Original Rule entitled "Mapping Standards" adopted. F. Nov. 25, 2025, eff. Jan. 1, 2026, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-12-9-.04 Filing Process

(1) First Update. The first SDS update provided after January 1, 2026, as required under O.C.G.A. §§ 36-70-21(a)(1) and 36-70-26 , shall be a 'full update'. In subsequent amendments (as defined in these standards), it is permissible to list any services that are unchanging in Box III on Form 1, thus there is no requirement to include a Form 2 for any service listed in Box III in SDS amendments. (The referenced forms are described hereafter.)

(2)

Procedure for Filing an SDS.

The SDS shall be submitted to the Department using the methods and materials specified by the Department herein.

(a)

Forms.

The Department will promulgate standardized forms that, along with other materials described in these standards, comprise the SDS. SDS's must be submitted to the Department using the appropriate forms. Because SDS forms may be updated or revised by the Department from time to time, parties shall ensure that SDS updates and amendments are produced using the most up to date versions of SDS forms available on the Department's website at the time of the SDS update or amendment. The standardized forms shall not be altered by users without explicit direction from the Department except to fill the fields necessary to reflect local agreed-upon service delivery arrangements. Each field on the form must be fully completed as appropriate per the SDS. We encourage using "Not Applicable" to fill form fields where no response is necessary to ensure that no fields are erroneously unaddressed. An overview of the standard forms is provided, hereafter:

1. Form 1 - General Instructions. The first field asks for the county name.The following fields ask for a listing of all local governments (including municipalities located wholly or partially within the county) and authorities that provide services included in the SDS. o There are also two fields where all services provided by or on behalf of any local government or authority included in the SDS must be listed: (1) a field (Box III) for services included in the SDS that are being continued without change; and, (2) a field (Box IV) for all services included in the SDS that are being revised (in any way) or being added (new). o In Box IV, notation should be provided for any service that is being discontinued or merged into another service. Each service listed in Box IV must be included on an associated Form 2 (unless such service is being discontinued). There is no standardized list of all services that must be included in an SDS. Services may be broken into component elements to facilitate accurate reflection of service delivery mechanisms (e.g., Police Services could be broken into: Police - Patrol, Police - SWAT, Police - Investigations, etc.).

2. Form 2 - Summary of Service Delivery Arrangements. As each service listed in Box IV requires an associated Form 2, this form includes a field for the service name. The service name on Form 2 must exactly match the service name as it is listed on Form 1. This form asks for the following information: o Information regarding the service delivery arrangement between the Parties; o How the service will be funded and by whom; o How/ if the strategy for providing this service has changed since the previous SDS was verified; o Which local governments are responsible for providing services; o What territories are being served, if there are any other agreements; contracts, or mechanisms that will help implement this strategy for this service; and o Who completed the form for this service. Attachments may be necessary to supplement properly completed forms.

3. Form 3 - Summary of Land Use Agreements. This form asks Parties to consider and acknowledge any incompatibility between land use plans that were found while developing this SDS. The Parties are then asked to provide information indicating how these conflicts were addressed, if any were found. Finally, the form asks what policies or procedures the Parties have established, including water and sewer authorities, to ensure that new extraterritorial water and sewer service will be consistent with all applicable land use plans. Attachments may be necessary to supplement properly completed forms.

4. Form 4 - Certifications. The Parties must certify that the statutory process was followed while developing this SDS. The fields ask for the dated signatures (including the title and printed name) from each jurisdiction as required by O.C.G.A. § 36-70-25. The signature provided must be that of the local governments chief elected official unless such official is unavailable to sign due death or legal action prohibiting them from serving in this capacity. The Department shall verify that the SDS includes the required elements and meets the minimum standards under O.C.G.A. §§ 36-70-23 and 36-70-24. The Department shall also verify that the forms are completed correctly, and that the SDS is internally consistent (e.g., there are no clear conflicts between or among the submitted SDS forms, there are no unexplained conflicts between the submitted SDS and previously verified iterations of the SDS). If the SDS is unable to be verified, the Department will notify the person that submitted the SDS for review with comments.

(b)

Verification Deadlines and Compliance.

If an SDS is not verified by the Department by December 31 of the year following the year in which the county's ten-year comprehensive plan update is due, or, within 180 days of the occurrence of an event requiring review and revision in accordance with O.C.G.A. §

36-70-28(b)

, the Department will notify all the necessary parties (including relevant state agencies) that the affected local governments and authorities are no longer compliant with the Service Delivery Act, O.C.G.A. §

36-70-20

,

et seq

., and sanctions must be implemented.

In the event that the SDS requires review and revision as specified in statute and these rules, one or more Parties shall notify the Department via verifiable delivery. The notification shall include what the event is, and the date that it officially occurred so that the Department can adjust and accurately track the new deadline. The notification must be delivered to the Department within thirty (30) days of the event as in accordance with O.C.G.A. § 36-70-22(a)(2).

Pursuant to O.C.G.A. §§ 36-70-25.2 and 36-70-25.3, the Department shall be notified when the parties enter nonbinding arbitration, mediation, and judicial resolution, via verifiable delivery, by an affected party to the event. The notification shall include when the process is to begin, so that the Department can adjust and accurately track the new deadline. The notification must be delivered to the Department once the process is scheduled.

1. Non-compliance. When an SDS is not verified by the Department by the appropriate deadline as directed by O.C.G.A. § 36-70-26 , the affected local governments will no longer be in compliance with the Service Delivery Act. Effective January 1, 2026, all abeyances of the penalties for noncompliance are no longer recognized by statute.

2. Events requiring review and revision pursuant to O.C.G.A. § 36-70-28. In addition to the ten-year update required to occur subsequent to a comprehensive plan update, each county and affected municipality shall review and revise the strategy: Whenever necessary due to changes in revenue distribution arrangementsIn the event of the creation, abolition, or consolidation of local governmentsWhen the existing service delivery strategy SDS expiresWhenever the county and affected municipalities agree to revise the strategy

(c) Scheduled Update. SDS's submitted as required under O.C.G.A. § 36-70-26 shall include a Form 1, as well as a Form 2 for every service whether it is listed in Box III or Box IV on Form 1, a Form 3, and a fully executed Form 4. Regardless of the impetus for the update or the Party who initiated the update, when filing the SDS with the Department for review, it shall be submitted by the county or county's representative.

(d)

Amendments.

1. Components. An amendment is required to have a Form 1, as well as a Form 2 for any service listed in Box IV on Form 1, and a Form 4 executed by the local governments which are party to the change. However, any amendment to the SDS that is not required under O.C.G.A. § 36-70-26 , does not require the submission of a Form 3.

2. Amendments involving less than all parties. Under O.C.G.A. § 36-70-28 (b.1)(1) only if a change in the SDS does not affect all local governments involved, an SDS amendment limited to the changed service or services between only the affected local governments may be submitted (without the approval of the other nonimpacted county and municipalities).

3. Submittal and Review. O.C.G.A. § 36-70-28 (b.1)(2) states that any of the aforementioned amendments will be subject to review and revision whenever the SDS affecting the county and all municipalities becomes subject to review and revision under the scheduled updated deadline and/ or the occurrence of an event requiring review and revision pursuant to O.C.G.A. 36-70-22(a)(2) as mentioned above. Without regard to the above, no request for funding, permits, grants, or loans from any State agency, except as provided for under O.C.G.A. § 36-70-27, shall be eligible without a consistent SDS verified to be compliant by, and on file with the Department.

History

• Authority: O.C.G.A. §§ 36-70-23.1; 36-70-26(d)
• History. Original Rule entitled "Filing Process" adopted. F. Nov. 25, 2025, eff. Jan. 1, 2026, as specified by the Agency.

Chapter 110-13 Financial Assistance Grant Program

Subject 110-13-1 Financial Assistance Grant Program

Ga. Comp. R. & Regs. r. 110-13-1-.01 Purpose

The purpose of the Financial Assistance Grant Program is to assist eligible applicants in discharging monetary obligations of such applicants to other governmental entities, where the funds so obtained were used for the development, promotion, and retention of trade, commerce, industry, and employment opportunities.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Purpose" received March 1, 1996.

Ga. Comp. R. & Regs. r. 110-13-1-.02 Eligible Applicants

(1) Eligible applicants and recipients of grant funds awarded under this program shall be general purpose local governments (municipalities and counties) and local government authorities. All local government units submitting an application must be in compliance, where applicable, with requirements regarding comprehensive planning, solid waste management planning, report of local government financing, local government authorities registration and other applicable legal requirements.

(2) Eligible applicants must apply for grants under this program in a format and manner prescribed by the Department. Grant applications may be received by writing to the Department of Community Affairs at: Department of Community Affairs Attention: Financial Assistance Grant Program 1200 Equitable Building 100 Peachtree Street Atlanta, Georgia 30303

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Eligible Applicants" received March 1, 1996.

Ga. Comp. R. & Regs. r. 110-13-1-.03 Fund Availability

(1) Grant funds appropriated or otherwise made available to the Department of Community Affairs for this program will be set aside for eligible applicants.

(2) The grant application must be received by the Department no later than the second Monday of March in each year in which grant funds for this grant program are available.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Fund Availability" received March 1, 1996.

Ga. Comp. R. & Regs. r. 110-13-1-.04 Eligible Activities

(1) All applicants for Financial Assistance Grants must submit an application to the Department of Community Affairs, in a format prescribed by the Department. Eligible applicants must demonstrate (1) that they have borrowed or obtained funds from another governmental entity,

(2) that such funds have been expended for the purpose of developing, promoting or retaining commerce, industry or employment opportunities, and

(3) that they have a legal obligation to repay such funds. Eligible applicants must clearly identify the proposed use of financial assistance grant funds. Eligible uses of the funds borrowed or obtained from other governmental entities include expenditures related to community or economic development improvements such as public infrastructure improvements, including water, sewer, streets, roads, and rail spurs; land acquisition; costs related to the relocation of equipment and other assets associated with a project; acquisition and installation of air conditioning equipment, compressed air equipment, furniture, office equipment and phones; acquisition of industrial revenue bonds used to secure land for a project; and any other activity or purpose identified in O.C.G.A. 50-8-3(b)(5) or O.C.G.A. 50-8-8 .

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Eligible Activities" received March 1, 1996.

Ga. Comp. R. & Regs. r. 110-13-1-.05 Review of Grant Applications

All applications received from applicants will be reviewed to determine the merit of the application and the proposed use of funds. In determining whether an applicant shall receive a grant award, the following guidelines will be considered:

(1) Applications will be reviewed based upon the local, regional, or state-wide impact or benefit resulting from repayment of the obligation; the public exigencies which impel such repayment; and other guidelines determined appropriate by the Department.

(2) All applications for funding from this program must provide written certification from the applicant, addressed to the Department, to the effect that the proposed expenditure of financial assistance grant funds is in accordance with all applicable legal requirements.

(3) In its review of applications, the Department may, at its discretion, consult with other individuals or agencies as appropriate.

(4) These guidelines are designed to assist the Department in making its decision and are not intended to establish definitive tests or standards. The decision which the Department makes shall be final and conclusive.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant Description entitled "Review of Grant Applications" received March 1, 1996.

Ga. Comp. R. & Regs. r. 110-13-1-.06 Awarding of Grant Fund

(1) Grant limits will be set at no more than $1,750,000 per community and economic development assistance project. These limits can be waived upon recommendation of the Commissioner of Community Affairs.

(2) The Department may approve a grant subject to certain general or special conditions that will be incorporated into the grant award document. Applicants will have ten (10) days from the date of award to accept the general or special conditions. If the applicant fails to accept the above general or special conditions within the required period, the grant award may be unilaterally withdrawn by the Department.

(3) The Department will provide recipients with specific instruction and forms to be used for drawdown of funds under the grant award.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Awarding of Grant Funds" received March 1, 1996.

Chapter 110-14 Regional Initiative Assistance Program Grant

Subject 110-14-1 Regional Initiative Assistance Program Grant

Ga. Comp. R. & Regs. r. 110-14-1-.01 Purpose

(1) The purpose of the Regional Initiative Program is to provide resources to assist in implementing projects in the four Regional Initiatives identified in the Appalachian Regional Commission's (ARC) Strategic Plan. The four Regional Initiatives are: Leadership; Telecommunications; Exports; Entrepreneurship.

(2) The Program will offer grants in accordance with a Grant Agreement approved by the ARC. Specific grant announcements will be offered in each of the four categories.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Purpose" submitted April 22, 1998.

Ga. Comp. R. & Regs. r. 110-14-1-.02 Eligible Applicants

(1) Eligible applicants and recipients of grant funds awarded under this program shall be general purpose local governments (municipalities and counties), local government authorities, local school systems, joint development authorities, regional development centers, state agencies, and in some of the programs non-profit organizations. All applicants must be in compliance, where applicable, with the requirements regarding comprehensive planning, solid waste management planning and reporting, report of local government finances, local government authority registration and reporting requirements for non-profit groups. Any eligible applicant may apply on behalf of a regional cooperative or other regional entity where the applicant agrees to serve as the grantee and fund manager on behalf of the regional entity. Applicant must be located in a County eligible for ARC assistance.

(2) Eligible applicants must apply for grants under this program in a format and manner prescribed by the Department. Grant applications must be submitted in writing to the Department of Community Affairs at: Department of Community Affairs Regional Initiative Program Business & Financial Assistance Division 60 Executive Park South, NE Atlanta, Georgia 30329-2231 (404) 679-3165

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Eligible Applicants" submitted April 22, 1998.

Ga. Comp. R. & Regs. r. 110-14-1-.03 Fund Availability

(1) Grant funds appropriated or otherwise made available to the Department of Community Affairs for this program will be available on a competitive basis for the activities listed below.

(2) The Department will establish and announce fund availability. Application guidance and technical assistance will be provided in a manner and form decided by the Department. Applications will be reviewed by the Department in accordance with the criteria set forth below.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Fund Availability" submitted April 22, 1998.

Ga. Comp. R. & Regs. r. 110-14-1-.04 Eligible Activities

(1) All applicants must respond to Requests for Applications or Program Announcements provided by the Department. Applicants must demonstrate that they have a viable project and a mechanism for properly accounting for public funds.

(2) Eligible uses will be identified in the individual Program Announcements for each category (leadership, telecommunications, exports, entrepreneurship).

(3) Anyone desiring specific information on the applications should write to the address identified in Section 110-14-1-.02(2) .

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Eligible Activities" submitted April 22, 1998.

Ga. Comp. R. & Regs. r. 110-14-1-.05 Review of Grant Applications

All applications received from applicants will be reviewed to determine the merit of the applications and the proposed use of funds. In determining whether an eligible applicant shall receive a grant award, the following criteria will be considered:

(a) Project applications will be reviewed based upon sustainability, ability to leverage other funds, compatibility with development plans, ability to foster innovative approaches to regional initiative opportunities and in identifying performance measures related to the identified project goals.

(b) All applications for funding from this program must provide written certification from the applicant, addressed to the Department, to the effect that the applicant is authorized under the laws of the State to carry out the project and activities that are the subject of the application and that the proposed expenditure of funds is in accordance with all applicable legal requirements.

(c) In its review of applications, the Department may, at its discretion, consult with other individuals or agencies as appropriate for the purpose of receiving advice.

(d) These guidelines are designed to assist the Department in making its decision and only constitute minimum standards. Additional factors may be considered depending on the nature of particular projects and their relative merit compared to competing proposals and depending on the availability of funding at the time of application. The decision which the Department makes shall be final and conclusive.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Review of Grant Applications" submitted April 22, 1998 .

Ga. Comp. R. & Regs. r. 110-14-1-.06 Awarding of Grant Funds

(1) Individual grants will vary depending on the category. Each category will require a match. Should equipment be purchased a cash match will be necessary. The sources of match should not be federal funds.

(2) Once selected for funding, grant funds will be made available by the Department through a contract incorporating by reference the approved final application and adding any special conditions, which may be necessary or appropriate.

(3) The Department may approve a grant subject to certain general or special conditions that will be incorporated into the grant award document. Because of the limited amount of funds available, the Department may also award an amount less than the amount requested in the application. Applicants will have thirty (30) days from the date of award to accept the special conditions and/or the reduced grant amount.

(4) The Department will provide recipients with specific instructions and forms to be used for drawdown of funds under the contract. Generally these funds will be issued on a reimbursable basis.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Awarding of Grant Funds" submitted April 22, 1998.

Ga. Comp. R. & Regs. r. 110-14-1-.07 Statement of Conditions

In addition to the certifications made on the face of the grant award statement, the recipient further certifies that:

(a) No applicable state or federal laws, rules or regulations or applicable local ordinances shall be violated in carrying out this project.

(b) Recipient's internally adopted procurement procedures will be adhered to and proper documentation shall be maintained in the program file so as to document such adherence.

(c) Recipient's accounting records shall be maintained in a manner consistent with generally accepted government accounting standards.

(d) Without limitation of any other condition, no grant funds shall be used to pay the costs of entertainment. Entertainment costs are defined as "Costs of amusements, social activities and incidental costs relating thereto, such as meals, beverages, lodging, rentals, transportation, and gratuities." This definition includes meal/beverage expenses incurred for meetings which could have reasonably been conducted at a place of business and which did not require provision of a meal.

(e) Final audit of the grant funds shall be performed in accordance with generally accepted government auditing standards and be included in the recipient's regularly scheduled annual financial audit. Grant funds cannot be used for audit expenses.

(f) Grant funds can be drawndown on a reimbursable basis.

(g) No real or apparent conflict of interest shall be engaged in by any person or party (or any person or party with whom they have family or business ties) who is involved in any aspect of the project funded under this program.

(h) Grants funds cannot be used for purchase of land, buildings or any significant construction. The use of these funds will also be dependent upon the grant requirements identified in ARC Grant Agreement.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Grant description entitled "Statement of Conditions" submitted April 22, 1998.

Chapter 110-15 Uniform Charts of Accounts

Subject 110-15-1 Uniform Charts of Accounts

Ga. Comp. R. & Regs. r. 110-15-1-.01 Purpose and Applicability

(1) General. The rules and regulations provided herein are for the implementation of O.C.G.A. § 36-81-1 and § 36-81-3 , which requires the Georgia Department of Affairs (DCA) to develop and adopt Uniform Charts of Accounts, hereinafter referred to as "Uniform Chart," to be used by all units of local government in the state. The intent of O.C.G.A. § 36-8-1 and § 36-81-3 is to provide a mechanism through which appropriate information may be collected to assist state and local policy makers in carrying out their lawful responsibilities and to provide for the collection and reporting of information so as to assist local taxpayers and local policy makers in understanding and evaluating local government service delivery and operations.

(2) Purpose. The purpose of this rule is to describe the Department's responsibilities regarding the implementation of the Uniform Chart, provide local governments with deadlines and procedures for notifying the Department of Community Affairs of their compliance with the provisions of O.C.G.A. § 36-81-3 , outline procedures for local governments to follow in requesting authorization to crosswalk financial reporting, outline procedures for local governments to follow in requesting waivers of local government deadlines for adopting the Uniform Chart, and provide procedures for the Department's review of such requests from units of local government.

(3)

Applicability.

Pursuant to O.C.G.A. §

36-81-1

et seq.

, the department shall develop and adopt local government uniform charts of accounts by December 31, 1998, after receiving approval of the State Auditor. All units of local government shall adopt and use the Uniform Chart within 18 months following adoption of the Uniform Chart by the Department of Community Affairs. The following pro- visions apply to the numbering system included in the Uniform Chart:

(a) The numbering system included in the Uniform Chart will be required by the Department for the filing of information by units of local government to be included in the report of local government finances as outlined in O.C.G.A. § 36-81-8 and Department Rules at Chapter 110-3-1-.01 and other local government surveys and reports administered by the Department.

(b) Use of the numbering system included in the Uniform Chart is recommended for local government accounting and financial reporting functions but is not required in order to be in compliance with the Uniform Chart.

History

• Authority: O.C.G.A. Secs. 36-8-1, 36-81-3
• History. Original Rule entitled "Purpose and Applicability" adopted. F. Dec. 23, 1998; eff. Jan. 12, 1999.

Ga. Comp. R. & Regs. r. 110-15-1-.02 Definitions: General

For the purpose of these rules, the following words shall have the meaning as contained herein unless the context does not permit such meaning. Terms not described in these rules shall have ascribed to them the ordinary accepted meanings such as the context may imply. The following terms and definitions shall be used to guide the implementation of the uniform chart of accounts:

(a) "Adopt and Use" means to develop and implement an accounting system in accordance with the introduction of the Unform Chart of Accounts.

(b) "Annual report of indebtedness" means a legislatively mandated report that must be submitted annually by local independent authorities to the Department as prescribed in O.C.G.A. § 36-81-8(b) and (c) .

(c) "Authorization to Crosswalk" means an authorization granted to a unit of local government by the Department and State Auditor based upon the Department's determination that incorporating the Uniform Chart of Accounts into a local unit of government's internal accounting system would create an undue hardship on the requesting local government.

(d) "Board" means the Board of the Georgia Department of Community Affairs.

(e) "Certification of Compliance" means the submission by a unit of government to the Department of a properly executed Compliance Certification form certifying that it will adopt and use the Uniform Chart by the deadline specified in O.C.G.A. § 36-81-3 .

(f) "Compliance deadline" means the date local governments must submit a Compliance Certification form to the Department of Community Affairs (i.e., not less than six months prior to the beginning of the local government's fiscal year ending in 2001).

(g) "Commissioner" means the commissioner of the Georgia Department of Community Affairs.

(h) "Crosswalking" means that a local government can use its own account numbers as long as it reclassifies accounting information in accordance with the account categories and descriptions established in the Uniform Chart. Crosswalking does not apply to the Uniform Chart required fund classifications.

(i) "Days" means calendar days, unless otherwise specified.

(j) "Department" means the Georgia Department of Community Affairs.

(k) "Governing authority" means that official or group of officials responsible for governance of the unit of local government.

(l) "Report of local government finances" means a legislatively mandated report that must be submitted annually by units of local government to the Department as prescribed in O.C.G.A. § 36-81-8 , 36-81-8(b) and (c) .

(m) "Local government operations survey," commonly referrd to as LOGOS means a set of information on local government services and operations legislatively mandated to be collected from all units of local governments by the Department as provided in O.C.G.A. § 36-81-8(h) .

(n) "State Auditor" means the head of the Georgia Department of Audits and Accounts.

(o) "Uniform Chart of Accounts" means the standard accounts classification system as approved by the State Auditor and adopted by the Board of the Department of Community Affairs as prescribed in O.C.G.A. § 36-81-3 .

(p) "Unit of local government," "unit" or "local government" means a municipality, country, consolidated city-county do not include any local school district or board of education. For purposes of this paragraph,"country" includes any country officer who is paid in whole or in part on a salary basis and over whom the county governing authority exercises budgetary authority.

(q) "Waiver" means a time waiver granted to a unit of local government by the Department based on the Department's determination that meeting the deadline established in O.C.G.A. § 36-81-3 for converting the local government's accounting system to use the Uniform Chart would be unduly burdensome and allowing the unit of government to delay adoption and use of the Uniform Chart not to exceed one year from the deadline.

History

• Authority: O.C.G.A. Secs. 36-8-1, 36-8-3
• History. Original Rule entitled "Definitions" adopted. F. Dec. 23, 1998; eff. Jan. 12, 1999.

Ga. Comp. R. & Regs. r. 110-15-1-.03 Uniform Charts of Accounts Implementation

(1)

Adoption and Amendment of Uniform Chart by the Department of Community Affairs.

The following procedures and stipulations will apply to adoption and amendment of the Uniform Chart:

(a) The Board of Community Affairs shall adopt the Uniform Chart on or before December 31, 1998, after the Uniform Chart has been approved by the State Auditor. Upon the adoption of the Uniform Chart of Accounts by the Board, the Department will make the Uniform Chart publication available to units of local government.

(b) Subsequent amendments to the Uniform chart will be approved by the State Auditor prior to adoption by the Board. The Department will also revise the Uniform Charts publication as needed to incorporate any subsequent amendments and will make revised publications available to units of local government.

(2) Local Government Deadline for Adoption and Use of Uniform Charts. Beginning in the local government's fiscal year ending in the year 2001, the governing authorities must adopt and use the Uniform Chart. Beginning in the local government's fiscal year ending in 2002, all local governments with reported expenditures/ expenses totaling $10 million for all funds must allocate indirect costs in the general fund and to all other funds within the reporting entity.

(3) Authorization to Crosswalk. Authorization to crosswalk can be obtained by submitting a plan in the format prescribed by the department. Such plan must be submitted no later than June 30, 1999, and must be approved by the Department and the State Auditor.

(4) Certification of Compliance. Not less than six months prior to the beginning of a local government's fiscal year ending in the year 2001, the local government shall submit to the Department of Community Affairs, a Compliance Certification form in a format prescribed by the Department. The form shall be signed by the authorized representative of the local government's governing authority, certifying that the local government has adopted the Uniform Chart and has adjusted its accounting system and financial reporting procedures or has adopted the Uniform Chart and received authorization to crosswalk as specified in 110-15-1-.03(3) of this rule.

(5)

Requests for Deadline Waivers and Departmental Review.

The department is authorized to grant waivers delaying adoption of the initial Uniform Chart for a period of time not to exceed one year upon a clear demonstration that conversion of the accounting system of the requesting local government, within the time period specified in this rule, would be unduly burdensome.

(a) Requests for waivers must be submitted to the Department on a Request for Waiver form prescribed by the Department.

(b) The Request for Waiver form, signed by an authorized representative of the governing body of the local government, must be submitted to the Department not less than 30 days prior to the compliance deadline specified in 110-15-1-.03(4) of this rule.

(c) The Commissioner of the Department of the Community Affairs shall have sole discretion to make a determination, based on the information provided on the Request for Waiver form, as to whether a local government will be unduly burdened in converting its accounting system to use the Uniform Chart by the date prescribed by O.C.G.A. § 36-81-3 .

(d) Within 15 days after receipt of the waiver request, the Department will notify the local government in writing of its final determination.

(6)

Effects of Non-compliance.

Failure to comply with the provisions of O.C.G.A. §

36-81-3

or other provisions of these rules could affect units of local governments in the following ways:

(a) The Department of Community Affairs may make available to state agencies, the State Auditor, and other interested parties a list of local governments that have failed to implement the Uniform Charts by the deadline established in O.C.G.A. § 36-81-3 and Chapter 110-15-1-.03 of this rule.

(b) As stated in O.C.G.A. § 36-81-8(c) , the Department has the authority to require local governments and local independent authorities to submit reports of local government finances and annual reports of indebtedness as provided in O.C.G.A. § 36-81-8(b) as a condition of receiving state appropriated funds from the Department. In addition, § 36-81-8(h) also authorizes the Department to require units of local government to submit reports on local government services and operations as a condition of receiving state appropriated funds from the Department. Failure of units of local government to use the Uniform Chart as specified by the Department in filing reports due on or after the Uniform Chart adoption deadlines established in O.C.G.A. § 36-81-3 and 110-15-1-.03(2) or 110-15-1-.03(5) of this rule may therefore render such units ineligible to receive certain state appropriated funds from the department.

History

• Authority: O.C.G.A. Sec. 36-81-3(e)
• History. Original Rule entitled "Uniform Charts of Accounts Implementation" adopted. F. Dec. 23, 1998; eff. Jan. 12, 1999.

Chapter 110-16 Regional Economic Assistance Projects

Subject 110-16-1 Americorps Grant Program

Ga. Comp. R. & Regs. r. 110-16-1-.01 Purpose

The purpose of the AmeriCorps grant program is to provide financial assistance to eligible applicants for operation of service programs that address educational, public safety, human, environmental and other needs as identified from time to time by the Corporation for National and Community Service.

An individual serving in an approved national service position will receive an educational award from the National Service Trust Fund upon successful completion of each term of service for up to two terms. Full-time national service participants will receive an educational award, and participants serving less than full-time service positions will receive an educational award prorated based on the number of approved service hours.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Purpose" submitted September 14, 2006.

Ga. Comp. R. & Regs. r. 110-16-1-.02 Statutory Basis

(1) These programs were authorized by an Executive Order signed by Governor Zell Miller on December 10, 1993, and amended on November 3, 1997.

(2) Federal Law: These programs are funded by federal funds authorized by the National and Community Service Trust Act of 1993 as published in the Federal Register (59FR1194) et seq .

(3) State Law: O.C.G.A. Secs. 50-8-8 and 50-8-9 .

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Statutory Basis" submitted September 14, 2006.

Ga. Comp. R. & Regs. r. 110-16-1-.03 Americorps Grant Categories

(1) Planning Grants - assist an applicant, when funds are available, in completing necessary planning to implement a sound concept that has already been developed. It will be negotiated for term and planning grants are not made every year.

(2) Operational Grants - fund an organization that is ready to establish, operate or expand an AmeriCorps program. It may include AmeriCorps educational awards. It will be for a term of one year. Renewal funding is based on an annual performance assessment of the program conducted by the staff of the Georgia Commission for Service and Volunteerism of the Georgia Department of Community Affairs. These grants will be awarded in two categories: Competitive Application Grants and Formula Application Grants.

(3) AmeriCorps Educational Award Only Grants - provide AmeriCorps Educational awards to programs that are not receiving or applying to the Georgia Commission for Service and Volunteerism for assistance but meet the criteria for approved AmeriCorps positions, and would like to provide an AmeriCorps educational award to participants serving in approved positions.

(4) Special Initiative Grants - may be made to qualified applicants, when funds are made available by the Corporation for National and Community Service, to implement and operate AmeriCorps programs in a variety of special initiative needs areas announced from time to time by the Corporation for National and Community Service.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "AmeriCorps Grant Categories" submitted September 14, 2006.

Ga. Comp. R. & Regs. r. 110-16-1-.04 Terms and Conditions of All Grants

The service provided by an AmeriCorps Program must provide a direct benefit to the community where it is performed. The service must result in a specific identifiable improvement that would not be provided with existing funds or volunteers. The service cannot duplicate the routine functions of workers or displace paid employees. Service programs must develop service opportunities appropriate to the skills levels of participants. The program must provide benefits that are valued by the community. Terms and conditions are subject to change from time to time by the Corporation for National and Community Service. All grants are awarded on a competitive basis. Some grant categories require substantial local matching funds and the match requirements are subject to change from year to year.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Terms and Conditions of All Grants" submitted September 14, 2006.

Ga. Comp. R. & Regs. r. 110-16-1-.05 Eligible Applicants

Eligible applicants for AmeriCorps program grants are subdivisions of states (city and county governments), Indian tribes, public or private nonprofit organizations (including labor organizations) and institutions of higher education. Nonprofit organizations must have received its 501c3 designation letter from the Internal Revenue Service and meet annual audit requirements, and agree to abide by the Provisions and Contract Conditions as established by both the Georgia Commission for Service and Volunteerism and the Corporation for National and Community Service.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Eligible Applicants" submitted September 14, 2006.

Ga. Comp. R. & Regs. r. 110-16-1-.06 Application Requirements

Applicants for AmeriCorps grants must demonstrate that they can "Get Things Done" in the community through the use of corps, business partnerships and community resources. Proof of 501c3 status is required when applicable. All awards must meet certain match requirements in participant support costs and in program operations. Match requirements and sources of matching funds can be determined by contacting the Georgia Commission for Service and Volunteerism. Each grantee must provide this match through a payment in cash or in-kind, fairly evaluated, including facilities, equipment, or services.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Application Requirements" submitted September 14, 2006.

Ga. Comp. R. & Regs. r. 110-16-1-.07 Criteria for Award

Applications received from eligible applicants will be reviewed to determine the merit of the application and the proposed use of funds. In determining whether an applicant shall receive a grant award, the following factors, as well as others added from time to time by the Georgia Commission for Service and Volunteerism, will be considered:

(1) Program Design: Applications will be reviewed based upon the program's design.

(2) Program Impact: The following factors are considered: the program's ability to "get things done" by meeting critical needs important to the community. Projects must be designed to address problems in the needs areas, as identified by the Corporation for National and Community Service.

(3) Other criteria may be added to the application review from time to time as rules and program provisions change.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Criteria for Award" submitted September 14, 2006.

Ga. Comp. R. & Regs. r. 110-16-1-.08 Awarding of Grant Funds

Grant Awards will be announced by the Georgia Commission for Service and Volunteerism after receiving notification from the Corporation for National and Community Service and available from the Georgia Commission for Service and Volunteerism at the address and phone number given in the next section.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Awarding of Grant Funds" submitted September 14, 2006.

Ga. Comp. R. & Regs. r. 110-16-1-.09 Application Procedure

Eligible applicants must apply for the AmeriCorps Grant in a format and manner prescribed by the Georgia Commission for Service and Volunteerism of the Georgia Department of Community Affairs. Grant applications may be received by calling or writing the Georgia Commission for Service and Volunteerism at the following address:

Georgia Commission for Service and Volunteerism

ATTN: AmeriCorps Director

60 Executive Park South, NE

Atlanta, Georgia 30329

(404) 327-6843 OR (404) 679-4940

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Application Procedure" submitted September 14, 2006.

Chapter 110-18 Appalachian Regional Commission Business Development Revolving Loan Fund

Subject 110-18-1 Appalachian Regional Commission Business Development Revolving Loan Fund

Ga. Comp. R. & Regs. r. 110-18-1-.01 Purpose

The purpose of the Appalachian Regional Commission Business Development Revolving Loan Fund (hereafter "RLF") is to assist eligible applicants in the performance of their duties and responsibilities under law to their citizens, including, among other duties and responsibilities, the development, promotion, and retention of trade, commerce, industry, and employment opportunities by providing flexible and timely financial assistance for economic development projects in the Appalachian region of the state. The Appalachian region of the state is defined as the following counties: Banks, Barrow, Bartow, Carroll, Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Elbert, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Hart, Heard, Jackson, Lumpkin, Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Purpose" submitted May 6, 1999.

Ga. Comp. R. & Regs. r. 110-18-1-.02 Eligible Applicants

(1) Eligible applicants and recipients of grant funds awarded under this program shall be local government authorities and state authorities that operate in the Appalachian region of the state (hereafter "Authorities"). All applicants must be in compliance, where applicable, with the requirements regarding comprehensive planning, solid waste management planning and reporting, report of local government finances, and local government authorities registration.

(2) Eligible applicants must apply for grants under this program in a format and manner prescribed by the Department of Community Affairs (hereafter "department"). Grant applications may be submitted in writing to the department at: Department of Community Affairs ARC Business Development RLF Business & Financial Assistance Division 60 Executive Park South, NE Atlanta, Georgia 30329-2231

(3) Eligible subrecipients include private, for profit businesses that are eligible under the Appalachian Regional Commission Revolving Loan Fund Guidelines (hereafter "Guidelines") and the Appalachian Regional Commission Business Development Revolving Loan Fund Plan and Loan Policies (hereafter "Plan and Policies"). Eligible subrecipients must also submit information about their proposed projects to the department on forms prescribed by the department. (For the purposes of this rule, eligible subrecipients are not considered applicants. They are referred to herein only as "eligible subrecipient" or "subrecipient." Authorities are referred to as "applicant," "recipient," or as "Authority.")

(4) The forms provided will include guidelines and other necessary information. Authorities may not apply for funds until they have a bona fide project eligible under the Guidelines and the Plan and Policies. In addition, forms will be provided by the department for eligible subrecipients.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible Applicants" submitted May 6, 1999.

Ga. Comp. R. & Regs. r. 110-18-1-.03 Funds Availability

(1) Grant funds appropriated or otherwise made available to the department for this program will be utilized as a revolving loan fund under the Appalachian Regional Commission Code (hereafter "Code"), the Guidelines, and the Plan and Policies.

(2) The department will establish and announce funding availability. Applicants from Authorities and eligible subrecipients will be accepted throughout the fiscal year and will be reviewed based upon the criteria provided herein and on the Guidelines and the Plan and Policies.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Funds Availability" submitted May 6, 1999.

Ga. Comp. R. & Regs. r. 110-18-1-.04 Eligible Activities

(1) All applicants and eligible subrecipients must submit an application to the department in a format prescribed by the department. Applicants and eligible subrecipients must demonstrate that they have a viable economic development project and clearly identify the proposed use of the funding. Eligible uses of funds include economic development projects such as, but not limited to, site acquisition and development; construction projects; capital outlay projects; purchase or lease of equipment or other assets; project operating expenses; or any other economic development and business assistance activity or purpose identified in the Code, Guidelines, Plan and Policies, and O.C.G.A. 50-8-8 .

(2)

The only eligible mechanism for making funds available under this program is:

1. a grant of funds by the department to an Authority; and

2. a loan of those same funds to an eligible subrecipient.

(3) RLF funds may only be used by an eligible subrecipient for projects involving privately used land, buildings, machinery and equipment, or other private assets. RLF funds may only be used by Authorities as loans to eligible subrecipients. It is important to note that the department may require the applicant to recapture some or all of the RLF loan to an eligible subrecipient upon any event that violates any loan agreement, other loan documents, state law, the public purpose of the RLF, or the Code, Guidelines, or Plan and Policies. The department may require the applicant to change the interest rate on an RLF loan to an eligible subrecipient in accord with customary private banking requirements upon any event that violates any loan agreement, other loan documents, state law, the public purpose of the RLF, or the Code, Guidelines, or Plan and Policies. All recaptured funds must be returned to the department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible Activities" submitted May 6, 1999.

Ga. Comp. R. & Regs. r. 110-18-1-.05 Review of Applications

All applications received from applicants and eligible subrecipients will be reviewed to determine the merit of the applications and the proposed use of funds. In determining whether an applicant shall receive a grant award, the following criteria will be considered:

(1) The applicant must have a project approved by the RLF loan committee. (The RLF loan committee is appointed by the department in compliance with the Code, Guidelines, and Plan and Policies.) In addition, the applicant must be willing to enter into a loan agreement with the department and the eligible subrecipient. The loan agreement will be in a form specified by the department.

(2) Projects from subrecipients will be reviewed by the RLF loan committee and department staff based upon enhancement of economic development opportunities, including but not limited to, ability of subrecipients to repay loan proceeds, numbers of jobs retained and/or created; total private capital investment; degree of bank commitment; consistency with local and regional development goals and objectives; reasonableness of cost estimates, and other criteria specified in the Plan and Policies.

(3) In its review of applications, the department may, at its discretion, consult with other individuals or agencies as appropriate for the purpose of receiving advice.

(4) The criteria in this rule ( 110-18-1-.05 ) are designed to assist the department in making its decision. Additional factors may be considered depending on the nature of particular projects and their relative merit compared to competing proposals and depending on the availability of funding at the time of application. The decision that the department makes shall be final and conclusive.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Review of Applications" submitted May 6, 1999.

Ga. Comp. R. & Regs. r. 110-18-1-.06 Awarding of Funds

(1) Grant limits will be set at no more than $200,000 per eligible subrecipient or 50% of project cost, whichever is less. These limits may be waived upon recommendation of the Commissioner of Community Affairs if allowed by the Code, Guidelines, or Plan and Policies.

(2) Once selected for funding, grant funds will be made available by the department through a commitment letter incorporating by reference the approved project and subrecipient, adding any special conditions that may be necessary or appropriate. As part of the award special conditions, subrecipients must file a report on the number of jobs created and/or retained and on the business performance of the subrecipient, in a format prescribed by the department, for future use by the department.

(3) The department may approve a grant subject to certain special conditions that will be incorporated into the commitment letter and loan agreement. Because of the limited amount of funds available, the department may also award an amount less than the amount requested in the application. Applicants will have up to one hundred and twenty (120) days from the date of award to accept the award. The department reserves the right to shorten or lengthen this period depending upon project requirements and on other factors. If the applicant or subrecipient fails to accept the award and special conditions within the required period, the department may unilaterally withdraw the award.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Awarding of Funds" submitted May 6, 1999.

Ga. Comp. R. & Regs. r. 110-18-1-.07 Statement of Conditions

In addition to the certifications made by the applicant and the subrecipient by acceptance of the commitment letter and the loan agreement, the recipient further certifies that:

(1) No applicable state laws, rules or regulations or applicable local ordinances shall be violated in carrying out this project and expending RLF funds.

(2) Without limitation of any other condition, no RLF funds shall be used to pay the cost of entertainment . Entertainment costs are defined as: "Costs of amusements, social activities and incidental costs relating thereto, such as meals, beverages, lodgings, rentals, transportation, and gratuities." This definition includes meal/beverage expenses incurred for meetings which could reasonably have been conducted at a place of business and which did not require the provision of a meal.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Statement of Conditions" submitted May 6, 1999.

Chapter 110-19 Downtown Development Revolving Loan Fund (dd Rlf)

Subject 110-19-1 Downtown Development Revolving Loan Fund (dd Rlf)

Ga. Comp. R. & Regs. r. 110-19-1-.01 Purpose

The purpose of the Downtown Development Revolving Loan Fund (DD RLF) is to assist cities, counties and development authorities in their efforts to revitalize and enhance downtown areas by providing below-market rate "gap" financing to fund capital projects incore historic downtown areas and adjacent historic neighborhoods where DD RLF will spur commercial redevelopment.

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-5, 50-8-8
• History. Original grant description entitled "Purpose" submitted July 7, 1999.
• Submitted:Jan. 19, 2000.
• Submitted:May 23, 2005.
• Submitted:Aug. 15, 2007.
• Amended: F. Dec. 14, 2018; eff. Jan. 3, 2019.

Ga. Comp. R. & Regs. r. 110-19-1-.02 Eligible Applicants

(1) Eligible applicants under this program shall be municipalities with a population of 100,000 or less, counties with a population of 100,000 or less, and development authorities proposing projects in municipalities or counties with a population of 100,000 or less. Population estimates shall be based on the most recent U.S. Census Bureau population estimates. Once an eligible applicant exceeds a population of 100,000, it shall remain eligible for a period of one year. All applicant communities must meet the criteria outlined in rule section 110-19-1-.02(4) and be in compliance with the state requirements regarding comprehensive planning and reporting, the Report of Local Government Finances and, when applicable, local government authority registration.

(2) If the applicant is not the municipality in which the proposed activities will take place, then the application must include a resolution of support and commitment of cooperation from the applicable local government.

(3) Eligible applicants must apply for loans under this program in a format and manner prescribed by the Department of Community Affairs (hereafter referred to as the Department). Loan applications may be submitted in writing to the Departmentat: Georgia Department of Community Affairs Downtown Development Revolving Loan Fund Program Community Development & Finance Division 60 Executive Park South, NE Atlanta, Georgia 30329-2231 oed@dca.ga.gov

(4)

Eligible applicants must have an existing downtown commercial area that meets two or more of the following characteristics:

(a) A significant number of commercial structures fifty (50) years old or older;

(b) Empty storefronts or documentation of an immediate threat to a downtown's commercial viability;

(c) A feasibility/market analysis identifying the businesses/activities which can be supported in the downtown area and a plan for attracting or retaining such businesses/activities;

(d) A downtown master plan and/or strategic plan designed to guide public or private investment;

(e) Commitment(s) for private/public funding to support downtown development activities (from banks, downtown development authorities, local businesses, other government agencies, etc.) enhancing, directly or indirectly the activity(s) to be financed with the Department's loan.

(5) The forms provided will include guidelines and other necessary or helpful information.

History

• Authority: O.C.G.A. § 50-8-2
• History. Original grant description entitled "Eligible Applicants" submitted July 7, 1999.
• Submitted:Jan. 19, 2000.
• Submitted:May 23, 2005.
• Submitted:Aug. 15, 2007.
• Amended: F. Dec. 14, 2018; eff. Jan. 3, 2019.

Ga. Comp. R. & Regs. r. 110-19-1-.03 Fund Availability

(1) Loan funds available to the Department for this program will in turn be made available for application throughout the fiscal year and will be reviewed based upon the criteria provided in rule section 110-19-1-.05 .

(2) The Department's concentration of assets (loans) in any one community is limited to 15% of the Downtown Development Revolving Loan Fund's total assets. However, under certain circumstances the Commissioner of the Department may authorize a waiver of this policy; provided that the concentration of assets in the affected community does not exceed 20% of the Downtown Development Revolving Loan Fund's total assets. The Department also reserves the right to limit the amount of funding for certain business types.

(3) In the event of a natural disaster or other extraordinary event, the Commissioner of the Department may authorize a waiver of the concentration of assets policy.

History

• Authority: O.C.G.A.§ 50-8-8
• History. Original grant description entitled "Fund Availability" submitted July 7, 1999.
• Submitted:Jan. 19, 2000.
• Submitted:May 23, 2005.
• Submitted:Aug. 15, 2007
• Amended: F. Dec. 14, 2018; eff. Jan. 3, 2019.

Ga. Comp. R. & Regs. r. 110-19-1-.04 Eligible Activities

(1) All applicants for DD RLF projects must submit an application to the Department in a format prescribed by the Department. Applicants must demonstrate that they have a viable downtown development project and clearly identify the proposed uses of the loan proceeds. Eligible use of the funds include such commercial and mixed-use downtown development projects as real-estate acquisition, clearance, development and redevelopment; construction, reconstruction and rehabilitation of private buildings and public buildings (as approved by the Department); on a limited basis as defined by the Department, purchase or lease of equipment or other assets; and other downtown revitalization activities that the applicant or other sub-recipients may be authorized to undertake through its enabling legislation. DD RLF funds will provide the permanent financing on a project. The interim or construction financing on a project is arranged by the applicant or end-use borrower once the project is approved. The use of DD RLF funds for project administration purposes, working capital or program operation, refinance of permanent loans or the establishment of local Revolving Loan Funds (RLFs) will generally not be considered eligible activities.

(2) All activities must be within the downtown area as defined by the Department. Generally, the downtown area of a municipality is the core central business district primarily consisting of commercial structures fifty (50) years or older and adjacent neighborhoods consisting of historic residential structures that are zoned for commercial or government uses.

(3)

The eligible mechanisms for making funds available under this programare:

(a) a loan from the Department to the municipality, county, downtown development authority or other local development authority who uses the funds directly to carry out the approved eligible activity(s); or

(b) a loan from the Department to a downtown development authority or other local development authority who in turn contracts with or loans the funds to a DCA approved end-use borrower to carry out the approved eligible activity(s).

(4) Regardless of the mechanism, the ultimate financial responsibility to repay the loan funds and meet any contractual obligation to the Department is noted within the executed intergovernmental contract(s) among the various parties. This ensures the Department that all obligations will be met.

(5) The Department reserves the right to require immediate recapture of some or all of the loan funds or to raise the interest rate on the loan funds upon transfer of project assets to an entity other than the approved recipient or sub-recipient (unless specifically approved by the Department) or upon any event that violates state law, the public purpose of the loan program, any of the loan conditions, including transfer of ownership in the sub-recipient borrower, or any intergovernmental contract provision. All recaptured funds must be returned to the Department.

History

• Authority: O.C.G.A. § 50-8-8
• History. Original grant description entitled "Eligible Activities" submitted July 7, 1999.
• Submitted:Jan. 19, 2000.
• Submitted:May 23, 2005.
• Submitted:Aug. 15, 2007
• Amended: F. Dec. 14, 2018; eff. Jan. 3, 2019.

Ga. Comp. R. & Regs. r. 110-19-1-.05 Review of Loan Applications

All applications received from applicants will be reviewed to determine the merit of the applications and of the proposed uses of funds. In determining whether an applicant shall receive a loan, the following criteria will be considered:

(1) Each application will be reviewed based upon an analysis of the proposed project's potential enhancement of downtown development opportunities, creditworthiness, overall project feasibility, project impact, and soundness of the proposed strategy. The analysis will include but is not limited to such factors as: impact on the community's tax base; degree of local commitment; consistency with local development plans, goals and objectives; project readiness; project feasibility; reasonableness of cost estimates; elimination of blighting influences; total private capital investment; number of jobs created and/or retained; historic preservation impact and potential state and regional impact. DD RLF financing is used to provide the necessary gap financing for a project or the low-cost financing that will enable a project to move forward.

(2) The Department expects that all projects will substantially meet The Secretary of the Interior's Standards for the Treatment of Historic Properties, Revision 1992 . The Department may make exceptions to this requirement if meeting the Standards will not allow a project to obtain a market rate of return or if other public benefits and other considerations significantly outweigh the public costs of noncompliance. Evidence of compliance with the Standards may include approval of proposed rehabilitation plans by the State Historic Preservation Office, a certificate of appropriate nessor other documentation from an active, bona fide local historic preservation commission, or other documentation acceptable to the Department.

(3) In its review of applications, the Department may, at its discretion, consult with other individuals or agencies as appropriate for the purpose of receiving information and/or advice.

(4) The criteria listed in this rule are designed to assist the Department in making its decision and provide prospective applicants with guidance as to the factors that their applications need to address in order to be competitive. Additional factors may be considered depending on the nature of particular projects, their relative merit compared to competing proposals, and the availability of funding at the time of application. The decisions made by the Department shall be final and conclusive.

History

• Authority: O.C.G.A.§ 50-8-8
• History. Original grant description entitled "Review of Loan Applications" submitted July 7, 1999.
• Submitted:Jan. 19, 2000.
• Submitted:May 23, 2005.
• Submitted:Aug. 15, 2007.
• Amended: F. Dec. 14, 2018; eff. Jan. 3, 2019.

Ga. Comp. R. & Regs. r. 110-19-1-.06 Awarding of Loan Funds

(1) The loan limit will be neither be more than $250,000 per project nor less than $50,000 per project. At its discretion, the Department may decide to loan an amount less than the amount requested in the application. The loan limit may also, at the discretion of the Commissioner of the Department, be raised to assist projects that exhibit exceptional needs or public benefits.

(2) Once selected for funding, applicants will be notified by the Department through a Statement of Loan Award incorporating by reference standard general conditions and any special conditions that the Department deems to be necessary or appropriate and any loan agreement(s) and/or intergovernmental contract(s) that may be used to implement the proposed project.

(3) The standard general conditions and special conditions (if any) shall be incorporated into any loan agreement and/or intergovernmental contract that may be executed and used to implement a transaction between the Department and the applicant or the applicant and its implementing agency or sub-recipient(s).

(4) The applicant must obtain the Department's prior approval for any subordinate intergovernmental agreements, loan agreements, leases, or any other instrument that may be used to implement an activity financed in whole or part by funds authorized under this regulation.

(5) Applicants will have up to thirty (30) days from the date of the commitment letter to accept the loan. If the applicant fails to accept the loan and all attached conditions within the required period, the Department may unilaterally withdraw its commitment.

History

• Authority: O.C.G.A. § 50-8-8
• History. Original grant description entitled "Awarding of Loan Funds" submitted July 7, 1999.
• Submitted:Jan. 19, 2000.
• Submitted:May 23, 2005.
• Submitted:Aug. 15, 2007.
• Amended: F. Dec. 14, 2018; eff. Jan. 3, 2019.

Ga. Comp. R. & Regs. r. 110-19-1-.07 Statement of Conditions

In addition to the specific certifications made by the applicant in accepting the commitment letter and in executing the loan agreement and/or intergovernmental contract, the recipient further certifies or acknowledges that:

(1) No applicable state laws, rules, regulations, or applicable local ordinances shall be violated in carrying out the project and expending DD RLF loan proceeds.

(2) The recipient, any development authorities or sub-recipients are authorized under the laws of the state to carry out the project and activities that are the subject of this financing and the proposed expenditure of funds are in accordance with all applicable legal requirements.

(3) No real or apparent conflict of interest shall be engaged in by any official, employee or agent of the recipient and sub-recipient(s) and any member of their immediate family, their partners and any organization which employs, or is about to employ any of the above. This prohibition prohibits both the solicitation and acceptance of gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. In addition, none of the persons listed above who exercise or have exercised any functions or responsibilities with respect to the activities supported by the DD RLF or are in a position to participate in a decision making process or gain inside information may have a financial interest or benefit from the DD RLF supported activities, either for themselves or for those with whom they have family or business ties, during their tenure or for one year thereafter. It is the responsibility of the recipient to disclose to the Department any relationship that might create a real or apparent conflict of interest as soon as the recipient becomes aware of it and to request guidance and mitigation procedures from the Department. If a conflict of interest exists, the Department may make an exception to this requirement provided state law has not been violated and provided that the recipient or sub-recipient follows the Department's mitigation procedures. Some conflicts of interest may not be able to be mitigated depending on project status, state law, and the Department's judgment concerning the seriousness of the conflict. Because conflicts can occur at any phase of a project, including the application phase, recipients and sub-recipients are encouraged to discuss possible conflicts with the Department as early as possible in the application process.

(4) The recipient's accounting records of the DD RLF loan funds shall be maintained in a manner consistent with generally accepted government accounting standards.

(5) The recipient's independent financial audit must be conducted in accordance with generally accepted government auditing standards and must include the DDRLF funds. A Source and Application of Funds Schedule and a Project Cost Schedule for all DD RLF funds must be included in the audit report.

(6) Because the State of Georgia's Environmental Policy Act (O.C.G.A 12-16) is not generally applicable to land disturbing or to land acquisition activities of local governments and authorities unless state government assistance totals more than fifty (50%) percent of the total project cost or amounts to more than $250,000, the Act is not expected to apply to many DD RLF projects. However, it is the recipient's responsibility to determine the law's applicability to the specific project and to meet all of its requirements.

(7) Loan funds shall be disbursed by the Department in accordance with the provisions of the loan agreement and/or intergovernmental contract. Those provisions may vary depending on each project's particular circumstances. In general, the Department will seek to match disbursements with actual need for funds and to minimize the existence of idle DD RLF funds at the local level.

(8) The Department may make reviews and audits of the project including on-site reviews as may be necessary or appropriate to implement the program and insure the requirements contained in regulation, loan agreement and/or intergovernmental contract are met. In the case of noncompliance and at its sole discretion, the Department shall take such actions as it deems appropriate to prevent a continuance of the deficiency, mitigate any adverse effects or consequences and prevent a recurrence. The Department shall establish specific sanctions and remedies for borrower's and/or contractor's noncompliance on a case-by-case basis.

(9) The recipient may be required to submit annual progress reports to the Department in a format prescribed by the Department. Failure to submit timely and acceptable reports may result in a request for immediate repayment of all DD RLF funds from the recipient by the Department or in other sanctions. The format and information required in any annual progress reports will be specified in the Department's award documents.

(10) Loan payments shall be due to the Department in accordance with the terms and provisions of the loan agreement and/or intergovernmental contract and must be sent to: DD RLF Loan Servicing Georgia Department of Community Affairs Post Office Box 15481 Atlanta, Georgia 30333

History

• Authority: O.C.G.A. § 50-8-8
• History. Original grant description entitled "Statement of Conditions" submitted July 7, 1999.
• Submitted:Jan. 19, 2000.
• Submitted:May 23, 2005.
• Submitted:Aug. 15, 2007.
• Amended: F. Dec. 14, 2018; eff. Jan. 3, 2019.

Chapter 110-20 Regional Economic Assistance Projects

Subject 110-20-1 Regional Economic Assistance Projects

Ga. Comp. R. & Regs. r. 110-20-1-.01 Purpose

The purpose of Regional Economic Assistance Projects (REAP) is to provide a mechanism for local and state governments and the private sector to cooperate on large-scale tourism- related projects with multiple uses that will create jobs and enhance the local tax base. Regional Economic Assistance Projects will assist in producing growth and development, particularly in rural areas, resulting in additional local tax revenue and providing highcaliber employment opportunities in the tourism and hospitality industries. Additional benefits include sound project development, consistent governmental review and approval, responsible project implementation, and project monitoring and reporting. Upon meeting the requirements of the statute and these Rules, including local government endorsement and certification by the Georgia Department of Community Affairs, a developer of a certified REAP project may apply to the Georgia Department of Revenue for a state license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only. Pursuant to O.C.G.A. Section 50-8-195, REAP shall be administered by the Georgia Department of Community Affairs (hereafter referred to as the Department).

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-11, 50-8-195
• History. Original Rule entitled "Purpose" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999.
• Repealed: New Rule of same title adopted. F. June 19, 2002; eff. July 9, 2002.

Ga. Comp. R. & Regs. r. 110-20-1-.02 Definitions

(1) Adjacent facility means any facility adjoining a project that meets the requirements of a subparagraph of paragraph (3) of subsection (c) of Code Section 50-8-191 which is not met by the project and that is the subject of a reciprocal use agreement executed by the project developer and the owner or operator of the adjacent facility.

(2) Adjoining means having a common boundary, directly abutting, or directly abutting but for being separated by any road or road right of way, creek, river, lake, park, or other easements.

(3) Certification of Compliance means a determination by the Commissioner that the project meets all criteria to be designated a Regional Economic Assistance Project.

(4) Commercial boat marina means a commercially operated boat docking facility, containing at least 300 boat slips and a facility within the marina that provides food service.

(5) Commissioner means the Commissioner of the Georgia Department of Community Affairs.

(6) Developer means an individual or organization that manages the development or maintenance of a project and is duly authorized to act as a representative of the project in a capacity such as a general partner, owner, or officer.

(7) Full-service restaurant means a restaurant that regularly serves two or more meals on each day it is open for business and is open for business at least six days weekly. A full-service restaurant is not disqualified because of seasonal closings or other temporary closings such as renovations or vacations.

(8) Improvements means existing or planned buildings or facilities and any planned additions, expansions, or rehabilitation of any buildings or facilities.

(9) Notice of Noncompliance means a notice from the Commissioner that the Georgia Department of Community Affairs has determined that the project has failed to comply with all requirements for designation as a Regional Economic Assistance Project.

(10) Project means all proposed and any existing property, improvements and facilities included in the original development plan as delineated in the map submitted pursuant to O.C.G.A. section 50-8-191(b)(2) and section 110-20-1-.05(4) of these Rules, including any adjacent facilities.

(11) Reciprocal use agreement means a written agreement between the REAP project developer and the owner or operator of an adjacent facility specifying the reciprocal rights, privileges and usage granted to each others' patrons, guests, customers, owners, operators and managers, in addition to any other mutual duties, covenants or obligations between the project developer and the owner or operator of an adjacent facility.

(12) Regional Economic Assistance Project or REAP means a project, including any adjacent facility covered by a reciprocal use agreement, which meets the criteria specified in Code Section 50-8-191 and which receives a Certification of Compliance from the Commissioner.

(13) Regulation 18-hole golf course means a golf course consisting of 18 holes with a minimum length of 5,500 yards, a minimum par of 69, and that has received a USGA rating.

(14) State-operated facility or authority means a facility that provides tourism, recreational or hospitality services or products to the general public.

(15) Substantial portion means greater than 50 per cent (50%) of the square footage of an improvement.

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-11, 50-8-195
• History. Original Rule entitled "Definitions" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999
• Repealed: New Rule of same title adopted. F.June 19, 2002; eff. July 9, 2002.
• Amended: F. Aug. 22, 2018; eff. Sept. 11, 2018.

Ga. Comp. R. & Regs. r. 110-20-1-.03 Eligible Applicants

(1) Eligible applicants for REAP designation are developers of projects as those terms are defined in sections 110-20-1.02(6)and(10) of these Rules.

(2) Applicants must first submit an application to the municipal corporation or county in which the project will be located, as specified in O.C.G.A. section 50-8-191(a) and section 110-20-1-.05(6) of these Rules. Upon approval of the project by resolution of the proper local government, the applicant must submit an application to the Department, with supporting documentation from the local government, in a format prescribed by the Department. Applications may be submitted in writing to the Department at: Georgia Department of Community Affairs Attn: Regional Economic Assistance Projects Community Development and Finance Division 60 Executive Park South, NE Atlanta, Georgia 30329-2231

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-11, 50-8-195
• History. Original Rule entitled "Eligible Applicants" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999.
• Repealed: New Rule of same title adopted. F. June 19, 2002; eff. July 9, 2002.
• Amended: F. Aug. 22, 2018; eff. Sept. 11, 2018.

Ga. Comp. R. & Regs. r. 110-20-1-.04 Eligible Projects

(1)

In order to receive REAP certification, a project, in combination with any adjacent facility included by a reciprocal use agreement, must (a) be not less than 250 acres in size, or located on or adjacent to a lake of not less than 2,500 acres in size, (b) where required, have zoning which is appropriate to the planned uses and plans which are consistent with other land use regulations, and (c) provide for at least three of the following criteria:

(i) one or more regulation 18-hole golf courses, with a clubhouse providing food service,

(ii) a commercial boat marina with at least 300 boat slips and a facility providing food service,

(iii) a full-service restaurant with minimum seating for 75 or more persons,

(iv) at least 100 residential units,

(v) at least 200 rooms for overnight stays,

(vi) conference facilities with capacity for 150 participants, or

(vii) be located in a county in which a state-operated facility or authority provides services or products, or both, to the general public.

(2) A project that does not include an adjacent facility subject to a reciprocal use agreement need only meet two of the criteria listed in O.C.G.A. Section 50-8-191(c)(3) and in Section 110-20-1-.04(1)(c) of these Rules.

(3) Upon determination by the Commissioner that the project will confer substantial benefits upon the local jurisdiction, application of not more than one of the criteria set forth in Code Section 50-8-191 and these rules may be waived. If an applicant wishes to request a waiver of one of the criteria, a written request for the waiver and an explanation of the need for the waiver and the substantial public benefits to be achieved by the project must accompany the application.

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-11, 50-8-195
• History. Original Rule entitled "Eligible Projects" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999.
• Repealed: New Rule of same title adopted. F. June 19, 2002; eff. July 9, 2002.

Ga. Comp. R. & Regs. r. 110-20-1-.05 Application Content

(1) The following rules are designed to assist applicants in submitting complete REAP applications that meet the intent of the program.

(2) All applications shall attach a detailed description of the project, showing the scope and design of the project. Project descriptions shall describe the entire project, the interested and participating parties (whether public or private) and the manner and extent of their participation, and shall contain a statement regarding public access to and use of the project. The project description shall also indicate where the project is located, the size of the project (in acres), a brief history of the project, and the potential impacts on the region where it is located. The description shall also identify the developer and describe his or her role in the project. Additional information should include a summary property management plan that outlines a plan for the renting and merchandising of the project, the operation and maintenance of the project and what party(s) will be responsible for the financial and day-to-day management of the project.

(3) For projects that contain adjacent facilities, the reciprocal use agreement(s) shall be included as attachments to the application.

(4)

All applications shall attach three copies of a map of the project, which map shall include all adjacent facilities. Such map shall be prepared in accordance with the following minimum standards and specifications:

(a)

Material.

(i) A licensed professional surveyor shall survey and map the project area or use local tax maps and revise them to include such other information as required by these Rules. The resulting maps or plats submitted to the Department shall be a good legible copy, such as a blue, white, or other commercial print reproduced from an original;

(ii) The map shall be compiled at a scale of no less than one inch equals four hundred feet (1 inch = 400 feet) and drawn on 17-inch by 22-inch paper if the project is between 250 acres and 1000 acres. If the project is greater than 1000 acres, the map shall be drawn on 24-inch by 36-inch paper (or in a substantially similar manner);

(iii) The minimum line widths shall be 0.013 inches and letter or character heights delineated on such map shall have a minimum height of 0.080 inches (or in a substantially similar manner).

(b)

Content.

(i) The map shall display the boundaries of the project, including all adjacent facilities, and shall clearly demonstrate the location of the project in relation to all adjacent facilities;

(ii) The map shall display and identify any local government boundaries within the map extent. Such boundaries shall be uniquely symbolized (i.e., type and thickness) and all jurisdictions shall be identified;

(iii) The map shall display the zoning of all properties displayed (where applicable);

(iv) The map shall contain a legend that clearly identifies all facilities and buildings contained within the project boundaries, including all adjacent facilities, that currently are or may be in the future a facility as described in O.C.G.A. Section 50-8-191(c)(3) or a facility for which the developer will or may apply for a license from the Department of Revenue;

(v) The map shall display the coordinates of four or more surveyed map registration points along the boundary of the property. Such coordinates shall be expressed in latitude/longitude (degreesminutes-seconds or decimal degrees) or as U.S. Survey feet and decimals of a foot using the Georgia (State Plane) Coordinate System of 1985. The horizontal map accuracy of each map registration point shall not be more than plus or minus one foot (+/- 1.0[]). The map registration points should be evenly spaced (imprecisely) along the boundary of the property. The demarcation of the points shall be a tick mark (crosshairs).

(c)

Caption. The map shall have a title or name which shall be contained in the caption, and the caption shall also provide the minimum following information:

(i) The county or municipal corporation, land district and land lot, and if applicable, lake name;

(ii) The date of map preparation;

(iii) The scale, stated and shown graphically;

(iv) The name, address, and telephone number of the developer;

(v) The name, address, telephone number, and license number of the surveyor;

(vi) The map shall display an area measurement of the project property (in acres). If applicable, separate measurements shall be provided for land and lake areas.

(5) All applications shall attach a comprehensive economic and development impact study. Such a study should show both the short- and long-term benefits to be derived from the project including, if applicable, numbers and types of jobs to be retained and/or created; impact on the state, regional and community tax base; private sector investment; impact on infrastructure (including water, sewer and transportation); and usage estimates for the project. The study should include information sufficient to establish a baseline measurement of the current conditions of the community with respect to the expected benefits and how the project will improve the relevant conditions. It should also indicate how the impacts will be measured. The study should describe the project's relationship to local and regional economic development goals and objectives identified through local and regional comprehensive plans. If recent studies or evaluations of the county or regional economy lend support to the feasibility or reasonableness of the project, the application should reference these materials and enclose a copy along with the application.

(6) All applications must include a resolution from the local government indicating that the project appears to meet the criteria set out in the Statute (specifically, O.C.G.A. Section 50-8-191(c) ) and approving the project and submission of the application to the Department for review and possible certification. The local government shall also certify in its resolution that the project complies with all applicable land-use, environmental and other applicable local laws and regulations as well as any special requirements involving redevelopment areas. The resolution shall also certify that the project does not conflict with the government's comprehensive plan and service delivery strategy. Finally, the local government shall certify that the project is at least 250 acres in size, or located on or adjacent to a lake at least 2,500 acres in size, and that any applicable residential units or facilities providing overnight stays comply with any local ordinances or regulations affecting such structures.

(7) For purposes of the Statute and these rules,"residential units" and "rooms for overnight stays" are mutually exclusive.

(8) All applicants must certify in their applications that no applicable state laws, rules, regulations or local ordinances shall be violated in carrying out the project and that the applicant is in compliance with such laws, rules, regulations or ordinances. Applicants must also certify that they are authorized under laws of the state to carry out the projects and activities contained in the application.

(9) All applications shall include a project schedule, which shall include the date planned for completion of all phases of the project and any adjacent facility(s).

(10) All applications shall contain a complete list of all facilities, buildings and improvements contained within the project boundaries (as set forth on the map prepared pursuant to Section 110-20-1-.05(4) of these Rules), that currently are or may be in the future a facility as described in O.C.G.A. Section 50-8-191(c)(3) or a facility for which the developer will or may apply for a license from the Department of Revenue. The list should correspond to the legend incorporated in the project map and should specifically identify and designate the improvements which were considered in determining the local government to which the initial REAP application was made pursuant to O.C.G.A. Section 50-8-191(a) . Applicants with projects to be located within more than one local government's boundaries must certify that all or a substantial portion of the conference facility, marina, restaurant and clubhouse improvements are located within the boundaries of the local government to which the applicant submitted its initial application and clearly indicate where the local government boundaries are relative to those improvements.

(11) The information provided by applicants and developers to the Department regarding its projects under REAP, whether in the application process or in other reporting requirements, shall not be exempted from disclosure under the Georgia Open Records Act, O.C.G.A. Section 50-18-72(b) .

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-11, 50-8-195
• History. Original Rule entitled "Application Content" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999.
• Repealed: New Rule of same title adopted. F. June 19, 2002; eff. July 9, 2002.

Ga. Comp. R. & Regs. r. 110-20-1-.06 Application Fee

A nonrefundable application and processing fee of $5,000 is required with each application. Applicants should include a check for such amount, made out to the Georgia Department of Community Affairs, with its application.

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-11, 50-8-195
• History. Original Rule entitled "Application Fee" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999.
• Repealed: New Rule of same title adopted. F. June 19, 2002; eff. July 9, 2002.

Ga. Comp. R. & Regs. r. 110-20-1-.07 Review of Applications

All applications received from eligible applicants will be reviewed to determine whether a project meets the REAP criteria and complies with these Rules. In making such a determination, the following factors will be considered:

(1) Each application will be reviewed based upon an analysis of the project's relationship to the overall objectives of the REAP Statute and its compliance with the REAP criteria and the Department's Rules.

(2) In its review of applications, the Department may, at its discretion, consult with other individuals or agencies as appropriate for the purpose of receiving information and/or advice.

(3) The criteria listed in these Rules are designed to assist the Department in making its decision and to provide prospective applicants with guidance as to the factors that their applications need to address in order to meet the criteria for designation as a Regional Economic Assistance Project. Additional factors may be considered as the Department deems necessary. Any decision which the Commissioner or the Department makes, and any action or inaction by the Commissioner or the Department, in administering, managing, and operating REAP shall be final and conclusive and shall not be subject to review.

(4) After approval and resolution by the local government, the applicant shall submit the application in writing to the Department. Within five days of the receipt of the application, the Department shall notify the applicant of whether the application is complete, and if not complete, the Department shall request any additional information or supporting documentation that may be needed for its review. The Department reserves the right to request any and all additional information it deems necessary to the proper evaluation of proposed projects.

(5) Forty-five (45) days from the date of notification regarding the completeness of the application, the Department shall issue an opinion regarding the project. This notice shall either be in the form of a Certification of Compliance or a Notice of Noncompliance. In the event the Department requests additional information or documentation from an applicant after it determines the application is complete, it may, at its discretion, extend the 45-day evaluation period up to 15 days. The Department shall forward all Certifications of Compliance to the Georgia Department of Revenue, Department of Natural Resources, Department of Industry, Trade and Tourism, Department of Transportation, Department of Labor, and the Georgia Environmental Facilities Authority.

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-11, 50-8-195
• History. Original Rule entitled "Review of Applications" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999.
• Repealed: New Rule of same title adopted. F. June 19, 2002; eff. July 9, 2002.

Ga. Comp. R. & Regs. r. 110-20-1-.08 Developers Reporting Requirements

(1) After receipt of a Certificate of Compliance, applicants must submit annual progress reports to the Department for five years or until the minimum REAP program criteria (as set forth in O.C.G.A. Section 50-8-191(c)(3) ) have been met, whichever is longer. A processing and monitoring fee of $750 is required with each annual report for the first five years after an applicant receives a Certificate of Compliance. Upon failure to submit a timely and acceptable annual report, the Department shall revoke the applicant's Certificate of Compliance and shall notify the Department of Revenue, and other applicable state agencies, of the same.

(2) The annual progress reports should indicate that the REAP requirements contained in the statute and rules are being met. The reports shall include a description of any changes or additions to the project; the status of private investment; job creation (or loss); updated construction schedule; and the project's impact on local tax base, land use control, and infrastructure (water, sewer, and transportation). The report should compare the status of these factors to the projections and baseline data presented in the initial REAP application. The annual reports shall be in a format prescribed by the Department.

(3) After an applicant has submitted annual reports for five years or until the minimum REAP criteria (as set forth in O.C.G.A. Section 50-8-191(c)(3) ) have been met (whichever is longer), the applicant will then be required to submit an abbreviated annual report to the Department, which report shall be in a format prescribed by the Department. The annual reporting fee to be submitted with the abbreviated annual reports shall be $500.

(4) Developers of REAP projects that have received a Certificate of Compliance must submit to the Department within three (3) years of receiving the Certificate a certification that all of the elements of the project that met the criteria of paragraph (3) of O.C.G.A. Section 50-8-191(c) are complete and operational. If those elements are not complete within three years, the developer must report to the Department, in its third annual report, the status of the project, the expected completion date, and reasons why the elements are not completed. The Department reserves the right to notify the Department of Revenue of the developer's failure to comply with the REAP criteria if the developer has not completed the elements within three years and has not provided evidence of its good faith efforts to complete the project.

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-11, 50-8-195
• History. Original Rule entitled "Developers' Reporting Requirements" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999.
• Repealed: New Rule of same title adopted. F. June 19, 2002; eff. July 9, 2002.

Ga. Comp. R. & Regs. r. 110-20-1-.09 Amendment of Certification

(1) If, at any time after a developer has received a Certificate of Compliance, the developer adds a facility(s) to a project (either inside or outside the boundaries of the original REAP project as defined by the map included in the initial REAP application pursuant to Section 110-20-1-.05(4) of these Rules), and that new facility(s) would have changed the local government to which the developer would have applied for project approval under O.C.G.A. Section 50-8-191(a) had the new facility(s) been included in the original REAP project, then the developer must apply to the new local government which must approve the addition of the new facility(s) to the project pursuant to O.C.G.A. Section 50-8-191(e) . Upon approval of the addition by the new local government, the developer shall submit such approval to the Department with a map that meets the requirements of Section 110-20-1-.05(4) of these Rules. The Department shall review the local government's resolution and map in the same manner as the original application.

(2) If, at any time after a developer has received a Certificate of Compliance, the developer either expands or contracts the border of the project (as the project was delineated in the map submitted with the initial REAP application), then the developer must submit to the Department a map showing the new boundaries of the project. Such map shall comply with the requirements of Section 110-20-1-.05(4) of these Rules.

(3) If the ownership of a REAP project changes, then the new owner(s) must notify the Department of the change and of any other changes to the project, such as those listed in Sections 110-20-1-.09(1)and(2) . The new owner(s) must also supply a correct and current name, address and phone number.

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-11, 50-8-195
• History. Original Rule entitled "Amendment of Certification" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999.
• Repealed: New Rule of same title adopted. F. June 19, 2002; eff. July 9, 2002.

Ga. Comp. R. & Regs. r. 110-20-1-.10 Reapplication

If an applicant receives a Notice of Noncompliance and submits to the Department a notice of intent to reapply within 90 days of the date of the Notice of Noncompliance, then the applicant may reapply for REAP certification without paying an additional application fee, if the reapplication is submitted to the appropriate local government within six months of the date of the Notice of Noncompliance. Thereafter, an applicant must pay a $5,000 application fee for each additional application submitted.

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-11, 50-8-195
• History. Original Rule entitled "Reapplication" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999.
• Repealed: New Rule of same title adopted. F. June 19, 2002; eff. July 9, 2002.

Chapter 110-22 Georgia Home Composting Grant Program

Subject 110-22-1 Georgia Home Composting Grant Program

Ga. Comp. R. & Regs. r. 110-22-1-.01 Purpose

The purpose of the Georgia Home Composting Grant Program is to provide eligible applicants with limited state financial assistance to incorporate home composting into their solid waste management waste disposal reduction strategies. Pursuant to O.C.G.A. § 50-8-8, the Georgia Home Composting Grant Program shall be administered by the Georgia Department of Community Affairs.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Purpose" submitted November 14, 2000.

Ga. Comp. R. & Regs. r. 110-22-1-.02 Definitions

(1) Commissioner means the Commissioner of the Georgia Department of Community Affairs.

(2) Department means the Georgia Department of Community Affairs.

(3) Eligible Applicant means any county, municipality, or consolidated government.

(4) In-kind means any non-cash item(s) or labor donated to the program.

(5) Program means a Home Composting Program designed to meet the objectives of O.C.G.A. § 12-8-21 by developing or promoting the development of on-site infrastructure to compost organic materials.

(6) Home Composting Grant means a grant provided to an eligible applicant for the purpose of incorporating home composting into their solid waste management waste disposal reduction strategy.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Definitions" submitted November 14, 2000.

Ga. Comp. R. & Regs. r. 110-22-1-.03 Grant Competitions

(1) When funding permits, the Department shall hold an annual competition to encourage eligible applicants to initiate a Program in their community. The deadline for applications shall be determined annually by the Commissioner.

(2) Applications must be postmarked by the due date established by the Commissioner.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Competitions" submitted November 14, 2000.

Ga. Comp. R. & Regs. r. 110-22-1-.04 Fund Availability

Funds made available to the Department for home composting grants will be allocated annually during the competition period established by the Commissioner.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Fund Availability" submitted November 14, 2000.

Ga. Comp. R. & Regs. r. 110-22-1-.05 Eligible and Ineligible Activities

(1) Eligible activities include, but are not limited to, subsidizing the sale and distribution of manufactured compost bins or materials, establishing a home composting demonstration site, establishing a Master Composter Program, establishing a compost support service or workshops to promote home composting, and/or the development or distribution of home composting educational materials.

(2) Ineligible activities include, but are not limited to, the purchase of vehicles, property, or anything that would violate the gratuities clause of the State Constitution.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible and Ineligible Activities" submitted November 14, 2000.

Ga. Comp. R. & Regs. r. 110-22-1-.06 Eligible Applicants

(1) An eligible applicant, as defined in 110-22-1-.02(3) , may apply for Home Composting Grant funds. If more than one eligible applicant is party to the application then one of the eligible applicants must be designated as the lead agency, responsible for administering the grant if awarded.

(2)

In order to be eligible to receive Home Composting Grant funds, an eligible applicant must demonstrate and be in compliance with the following:

(a) O.C.G.A. § 50-8-2(a)(18) as it relates to a "qualified local government"; and

(b) the requirements of O.C.G.A. § 36-81-8 ; and

(c) be eligible to receive solid waste grants, loans, and permits as outlined in the Comprehensive Solid Waste Management Act of 1990; and

(d) the requirements of O.C.G.A. § 36-70-27 ; and

(e) have submitted an application for a Home Composting Grant Program grant in a format and manner prescribed by the Department. Grant applications may be obtained by writing the Department of Community Affairs at the following address: Department of Community Affairs ATTN: Home Composting Grant Program 60 Executive Park, South N.E. Atlanta, Georgia 30329-2231

(f) have submitted all required Government Management Indicator surveys required by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible Applicants" submitted November 14, 2000.

Ga. Comp. R. & Regs. r. 110-22-1-.07 Grant Award Amounts and Matching Requirements

The maximum award for an individual home composting grant will be $10,000. The maximum amount for an application submitted jointly by two or more eligible applicants or by a consolidated local government will be $20,000. Eligible applicants applying for a grant will be encouraged to match the grant through cash or in-kind services. Matching funds are not required to receive a grant.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Award Amounts and Matching Requirements" submitted November 14, 2000.

Ga. Comp. R. & Regs. r. 110-22-1-.08 Review of Grant Applications

Eligible applications received during a competition period will be reviewed by a grant review team to determine the merit of the application and whether the grant shall be awarded. In determining whether an applicant shall receive a grant award, the grant review team will consider the following factors:

(a) the demonstrated need of the project and its compatibility with a community's existing yard trimmings management program; and

(b) the inclusion and quality of an educational component including the use of partnerships with existing public education groups such as Keep America Beautiful Affiliates; and

(c) the demonstrated ability of the applicant to meet the stated project goals; and

(d) the reliable estimate of the number of residents that will begin home composting as a result of the proposed activities; and

(e) other information submitted by the applicant and deemed relevant by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Review of Grant Applications" submitted November 14, 2000.

Ga. Comp. R. & Regs. r. 110-22-1-.09 Awarding of Grant Funds

(1) Within forty-five (45) days of the close of a grant competition, the Department will select grant recipients based upon the review criteria outlined in 110-22-1-.08 .

(2) Upon selection by the Department, eligible home composting grant recipients shall enter into a contract with the Department specifying the terms and conditions for the receipt of grant funds. Upon the execution of the contract, the Department will disburse the grant funds to the applicant based upon the predetermined payment schedule specified in the contract. Final payment of grant funds shall be contingent on the grant recipient fully satisfying the terms of the contract.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Awarding of Grant Funds" submitted November 14, 2000.

Chapter 110-23 Quality Growth Grant Program

Subject 110-23-1 Quality Growth Grant Program

Ga. Comp. R. & Regs. r. 110-23-1-.01 Purpose

The purpose of the Quality Growth Grant Program is to provide eligible recipients with state financial assistance for the implementation of quality growth initiatives that are outside the typical scope of other grant or loan sources. Quality growth initiatives are any activities that promote better management of growth and development so that growth enhances, rather than detracts from, the quality of life in a community. Pursuant to O.C.G.A. Sec. 50-8-8, the Quality Growth Grant Program shall be administered by the Georgia Department of Community Affairs.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Purpose" submitted September 28, 2001.

Ga. Comp. R. & Regs. r. 110-23-1-.02 Definitions

(1) Commissioner means the Commissioner of Community Affairs.

(2) Department means the Department of Community Affairs.

(3) Eligible Applicant means any county, municipality, or consolidated government in Georgia.

(4) In-kind means any non-cash item(s) or labor donated to the project.

(5) Quality Growth Grant means a grant provided to an eligible applicant for the purpose of assisting in the implementation of quality growth initiatives that promote better management of growth and development so that growth enhances, rather than detracts from, the quality of life in a community.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Definitions" submitted September 28, 2001.

Ga. Comp. R. & Regs. r. 110-23-1-.03 Grant Competitions

(1) The Department shall hold two competition periods per year. The first competition shall be on the fifteenth day of November and the second competition shall be on the fifteenth day of May.

(2) Applications must be received by the Department no later than the first day of competition.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Competitions" submitted September 28, 2001.

Ga. Comp. R. & Regs. r. 110-23-1-.04 Allocation of Appropriated Grant Funds

Funds appropriated or otherwise made available to the Department for the Quality Growth Grant Program will be allocated at the beginning of the fiscal year among the two competitions as follows:

(a) Up to 60% of the appropriation shall be allocated during the first competition and;

(b) The balance of the appropriation shall be allocated during the second competition.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Allocation of Appropriated Grant Funds" submitted September 28, 2001.

Ga. Comp. R. & Regs. r. 110-23-1-.05 Eligible and Ineligible Activities

(1) Eligible activities include, but are not limited to: preservation of critical environmental resources, wildlife habitat, prime farmland, or sensitive ecosystems; programs to preserve community heritage, sense of place, and regional identity; projects directly promoting growth management concepts, infill housing, brownfield redevelopment; or similar projects that discourage urban sprawl; alternative/ multi-modal transportation facilities; public education on quality growth topics; preparation of local ordinances, regulations, or intergovernmental agreements promoting growth preparedness, sustainable development, and other quality growth strategies; start up cost of new programs for implementing quality growth initiatives; or physical development projects that are particularly critical to local implementation of quality growth.

(2) Ineligible activities include, but are not limited to, basic government services such as general construction of or general improvements to, city halls, county courthouses and public safety facilities. A Quality Growth Grant cannot be used for any activity that would violate the gratuities clause of the State Constitution.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled ''Eligible and Ineligible Activities'' submitted September 28, 2001.

Ga. Comp. R. & Regs. r. 110-23-1-.06 Eligible Applicants

(1) An eligible applicant, as defined in 110-23-1-.02(3) , may apply for a Quality Growth Grant. If more than one eligible applicant is party to the application then one of the eligible applicants must be designated as the lead agency, responsible for administering the grant if such grant is awarded.

(2)

In order to be eligible to apply for and/or receive a Quality Growth Grant, an eligible applicant must be in compliance with the following:

(a) O.C.G.A. Section 50-8-2(a)(18) as it relates, to a "qualified local government";

(b) The requirements of O.C.G.A. Section 36-81-8 ;

(c) If applicable, be eligible to receive solid waste grants, loans and permits as outlined in O.C.G.A. 12-8-20 et seq. ;

(d) The requirements of the Service Delivery Strategy requirements of O.C.G.A. Section 36-70-20 et seq. ; and

(e) Be prepared to amend the latest adopted local comprehensive plan to ensure that the project to be funded with a Quality Growth Grant is consistent with this plan.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible Applicants" submitted September 28, 2001.

Ga. Comp. R. & Regs. r. 110-23-1-.07 Grant Award Amounts and Matching Requirements

The maximum amount for an application will be $40,000. The typical maximum award for a Quality Growth Grant will be $25,000. However, in cases where the applicant can demonstrate that the activity to be funded with the Quality Growth Grant is particularly innovative or exceptional, the Department may choose to award up to the maximum grant of $40,000. Eligible applicants receiving a grant award will be required to provide a match no less than dollar for dollar of the grant amount. This matching requirement may be met through cash or in-kind contribution, but cannot be entirely in-kind.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Award Amounts and Matching Requirements" submitted September 28, 2001.

Ga. Comp. R. & Regs. r. 110-23-1-.08 Review of Grant Applications

Eligible applications received during a competition period will be reviewed by a grant review committee appointed by the Commissioner. The grant review committee will determine the merit of each application and make a recommendation to the Commissioner as to whether such applicant shall receive a Quality Growth Grant. In determining whether an applicant shall receive a grant award, the grant review committee will consider the following factors:

(a) Degree to which the proposed project is consistent with accepted principles of quality growth as may be adopted by the Department from time to time;

(b) Likelihood that the project will provide a transferable model for other communities;

(c) Degree to which the project will advance regional cooperation or regional objectives;

(d) The magnitude of the needs (as compared with competing applicants) to be addressed by the project and the project's potential to effectively meet these needs;

(e) Project costs in relation to benefits derived; the number of people affected;

(f) Feasibility of the proposed strategy for carrying out the project, including: likelihood that the project can be successfully implemented as described; provision for adequate technical assistance to ensure quality work and/or good design; the reasonableness of the budget and proposed time table for carrying out the project; the degree to which permits, ordinances, necessary inter-jurisdictional agreements and other technical requirements have been identified and can reasonably be obtained; evidence that potential roadblocks to the project have been considered and measures to overcome these have been identified; and indication that key actors who will carry out the project are ready to proceed and demonstrate ability to make the project succeed;

(g) Evidence that the public or key stakeholders will be involved in the project, as appropriate;

(h) Degree to which the proposed project is consistent with the goals, policies and implementation strategy of the community's comprehensive plan;

(i) The applicant's demonstrated commitment to ongoing implementation of its comprehensive plan;

(j) Possible environmental impacts of the project;

(k) Evidence that the project is supported by elected officials and/ or citizens;

(l) Reliability of other funding commitments (i.e., city, county, schools, civic groups, other grants or loans, etc.);

(m) Degree to which alternative approaches and other resources for implementing the project were considered;

(n) In the case of joint applications, indication that all participating communities have committed resources to the project; and

(o) Other information submitted by the applicant and deemed relevant by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Review of Grant Applications" submitted September 28, 2001.

Ga. Comp. R. & Regs. r. 110-23-1-.09 Awarding of Grant Funds

(1) Within 45 days of the close of a grant competition, the Department will select grant recipients based upon the review criteria outlined at 110-23-1-.08 .

(2) Upon selection by the Department to receive a Quality Growth Grant, the applicant will enter into a contract with the Department specifying the terms and conditions for the receipt of grant funds. At the time such contract is signed by the applicant and the Department, the Department will disburse grant funds to the applicant based on a predetermined payment schedule. Final payment of grant funds shall be contingent on the applicant fully satisfying the terms of the contract.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Awarding of Grant Funds" submitted September 28, 2001.

Ga. Comp. R. & Regs. r. 110-23-1-.10 Application Procedure

(1) Eligible applicants must apply for the Quality Growth Grant in a format and manner prescribed by the Department. Grant applications may be received by writing to the Department of Community Affairs at the following address: Department of Community Affairs

ATTN: Quality Growth Grant Program

60 Executive Park South, N.E.

Atlanta, Georgia 30329

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Application Procedure" submitted September 28, 2001.

Chapter 110-24 Opportunity Zone Job Tax Credit Program

Subject 110-24-1 Opportunity Zone Job Tax Credit Program Regulations

Ga. Comp. R. & Regs. r. 110-24-1-.01 Program Description, General Guidance, and Definitions

(1) As described within the State's Job Tax Credit Program at O.C.G.A. § 48-7-40.1(c)(4) , a provision exists to assist less developed areas which is to be generally referred to herein as the "Opportunity Zone Job Tax Credit Program".

(2) The Opportunity Zone designation criteria require the targeting of areas that display "Pervasive Poverty, Underdevelopment, General Distress, and Blight". The designation criteria are met by the targeting of poverty areas that are in decline, suffering from disinvestment and are in need of redevelopment and revitalization. Specifically, such areas must be in an eligible census block group and contain parcels meeting the designation criteria of O.C.G.A. § 48-7-40.1(c)(4) as well as one of the required local redevelopment initiatives as described in the Georgia Urban Redevelopment Law at O.C.G.A. §36-61 or the Enterprise Employment Act at O.C.G.A. §36-88.

(3) For areas that meet the overall criteria of the Opportunity Zone Job Tax Credit Program, the commissioner of community affairs may designate as an "Opportunity Zone" a group of parcels within an area that meets the criteria under 110-24-1-.02 herein.

(4) Within areas designated as an Opportunity Zone under this Chapter, the state will allow enhanced Job Tax Credits which include the following benefits: a $3,500 tax credit per eligible new job created (as defined in O.C.G.A. § 48-7-40.1(e) ), the use of the tax credit against 100 percent of Georgia income tax liability and payroll withholding, the use of the credit by any lawful business, and a job creation threshold of two jobs.

(5)

Definitions.

(a) "Adjacent to" means adjoining or abutting.

(b)

The Designation Criteria and associated factors shall generally be defined as follows:

1. "Areas Displaying Pervasive Poverty" shall be defined as census block groups with 15% or greater poverty and any "adjacent to" census block groups as determined from data in the most current United States decennial census.

2. "Underdevelopment" shall generally be defined as areas where appropriate data indicates a lack of development activities as evidenced through higher vacancy rates along with data indicating that business license fees, building permits, development fees, or other similar measures of business activity in the nominated area are significantly lower than the activity within the local governing body's jurisdiction as a whole. Underdevelopment must be supported by appropriate data as detailed under 110-24-1-.03(4)(b) .

3. "General Distress" shall generally be defined as adverse conditions within the nominated area other than those of Underdevelopment. Examples of such adverse conditions include, but are not limited to, higher than average unemployment, a high incidence of crime or code enforcement actions, a higher than average number of abandoned, deteriorated or dilapidated structures, deteriorated infrastructure, and substantial population decline. General Distress must be supported by appropriate data as detailed under 110-24-1-.03(4)(b) .

4. "Blight" shall generally be defined as the conditions described for "slum area" pursuant to the Urban Redevelopment Law at O.C.G.A. § 36-61-2(18) and /or the conditions described for "blighted or distressed area" pursuant to the Redevelopment Powers Law at O.C.G.A. § 36-44-3(7)(A) .

History

• Authority: O.C.G.A. §§ 48-7-40.1, 50-8-5(b)(2), 50-8-11
• History. Original Rule entitled "Program Description" adopted. F. Oct. 4, 2004; eff. Oct. 24, 2004.
• Amended: F. Sept. 16, 2008; eff. Oct. 6, 2008.
• Repealed: New Rule entitled "Program Description, General Guidance, and Definitions" adopted. F. May 7, 2010; eff. May 27, 2010.
• Amended: F. Feb. 28, 2017; eff. Feb. 8, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-24-1-.02 Threshold Criteria for Boundaries and Designation

(1) Boundaries of an Opportunity Zone must be wholly contained within Areas Displaying Pervasive Poverty, Underdevelopment, General Distress and Blight.

(2)

Boundaries of an Opportunity Zone shall generally follow the center line of streets and/or the boundaries of property tax parcels as described within

110-24-1-.03(5)

.

(a) Property tax parcels that meet the designation criteria of 110-24-1-.02(1) and of 110-24-1-.02(3) except for being separated from an eligible block group by road, road right of way, rail, creek, river, or other easement may also be included within the boundaries of an Opportunity Zone.

(b) In the event a property tax parcel crosses jurisdictional lines, then the parcel shall be includable in the proposed Opportunity Zone boundary of the jurisdiction requesting the designation as long as there is written notice given to all affected jurisdictions at least thirty (30) days prior to the application being submitted to DCA..

(3) Boundaries of an Opportunity Zone must also be wholly contained within either the boundaries of a state enterprise zone designated pursuant to Chapter 88 of Title 36 of the Georgia Code or within the boundaries of a redevelopment area that has been adopted pursuant to Chapter 61 of Title 36 of the Georgia Code or may include all or part of both an enterprise zone and a redevelopment area.

(4) Boundaries of an Opportunity Zone must also be wholly contained within areas that, in the opinion of the commissioner of community affairs and as supported through appropriate documentation as described within 110-24-1-.03 herein, display Pervasive Poverty, Underdevelopment, General Distress, and Blight. Such designation shall not include areas deemed to be environmentally sensitive or unfit for development.

History

• Authority: O.C.G.A. §§ 48-7-40.1, 50-8-5(b)(2), 50-8-11
• History. Original Rule entitled "Criteria for Designation" adopted. F. Oct. 4, 2004; eff. Oct. 24, 2004.
• Amended: F. Sept. 16, 2008; eff. Oct. 6, 2008.
• Repealed: New Rule entitled "Threshold Criteria for Boundaries and Designation" adopted. F. May 7, 2010; eff. May 27, 2010.
• Amended: F. Feb. 28, 2017; eff. Feb. 8, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-24-1-.03 Application for Designation

(1) Eligible applicants are general-purpose local governments (cities, counties, consolidated governments, or a combination thereof).

(2)

Cover Letter

(a) A cover letter to the commissioner of community affairs requesting designation must be prepared and signed by an authorized representative of the local government applying for an Opportunity Zone. In the case of a jointly designated enterprise zone that includes multiple local government incentives, a cover letter must be executed by an authorized representative of each applicable local government.

(3)

Ordinances, Plans, and Policies

(a) Applicants must submit to the commissioner of community affairs documentation of enterprise zones and/or urban redevelopment areas overlapping any portion of the proposed Opportunity Zone, specifically: 1. a certified copy of all applicable enterprise zone ordinances, resolutions, and amendments; and 2. all of the local government's resolutions establishing an urban redevelopment area(s), including urban redevelopment plan(s), with amendments and related resolutions.

(b) A certification from the local government's attorney that the enterprise zone ordinances, resolutions and policies and/or the authorizing resolutions for the urban redevelopment plan were adopted in accordance with applicable law and applicable public hearing requirements must be submitted to the commissioner of community affairs. In the case of a zone or redevelopment plan that includes multiple local governments, the local government attorney in each jurisdiction must execute a certification.

(4)

Pervasive Poverty, Underdevelopment, General Distress, and Blight Designation Criteria

(a)

Documentation submitted with the request for designation must include the following:

1. A table in a format to be provided by the Department which includes a description of each property tax parcel within the proposed zone to include the parcel number, current tax value, acreage, type of use and notation with regards to the condition of the parcel pursuant to the applicable Designation Criteria.

2. A representative sampling of photographic documentation keyed to parcels within the proposed zone.

3. Data to document Underdevelopment, General Distress and Blight as described in subsection (4)(b) of this section.

(b)

Additional documentation to substantiate Underdevelopment and General Distress shall (where applicable and to the extent data is available) include:

1. Unemployment rate information for the previous five years for areas incorporating the proposed zone compared to the jurisdiction or county as a whole.

2. Building permit information for the previous three years for parcels within the proposed zone compared to the jurisdiction as a whole.

3. Business license information for the previous three years for parcels within the proposed zone compared to the jurisdiction as a whole.

4. Vacancy rate estimates for the previous three years for parcels within the proposed zone compared to the jurisdiction as a whole.

5. Code enforcement actions for the previous three years for parcels within the proposed zone compared to the jurisdiction as a whole.

6. Crime rate information (i.e. crime per 1,000) for the previous three years for the proposed zone compared to the jurisdiction as a whole;

7. Information on the number of abandoned, obsolete, deteriorated or dilapidated structures within the proposed zone at the time of application.

8. Information on the extent of deteriorated infrastructure within the proposed zone at the time of application; and

9. Newspaper documentation of issues and undertakings within the proposed zone.

(c)

Prior Redevelopment Activities for Pervasive Poverty Areas -- within Areas Displaying Pervasive Poverty, certain previously redeveloped parcels may be considered for inclusion within the proposed zone where:

1. the parcel(s) are clearly documented to have met the Designation Criteria not more than two years prior to the submission of the application; and

2. the parcel(s) were redeveloped pursuant to a local government's redevelopment initiative authorized pursuant to Title 36 of the Official Code of Georgia; and

3. the parcel(s) owners have or will undertake actions to make investments and create employment opportunities on the parcel(s); and

4. the local government(s) applying for the designation certify in writing that the provisions of 110-24-1-.03(4)(c) are met; and

5. (reserved).

(5)

Maps -- Digital maps must be submitted with the Opportunity Zone designation request and meet the specifications outlined within this regulation.

(a)

Mapping specifications - Submissions shall contain maps detailing the proposed Opportunity Zone in digital GIS file format (i.e. shapefiles or geodatabase feature classes) on a compact disk or digital video disk. Map submissions may also be made via Internet file transfer programs as provided by the Department. The digital maps should include individual boundary polygons as listed below:

1. Proposed Opportunity Zone boundary map, where the boundary follows along the center line of streets and/or the parcel boundaries;

2. An Urban Redevelopment Plan boundary map (if applicable);

3. A State Enterprise Zone boundary map (if applicable); and

4. A map of the parcel boundaries within the proposed Opportunity Zone, which includes an attribute documenting the tax identification number of the parcels within the file.

(b) For all maps noted above: shapefiles should include a projection file (.PRJ) defining the map projection; geodatabase feature classes should contain metadata defining the map projection.

(6) Other information may be required at the discretion of the commissioner of community affairs.

History

• Authority: O.C.G.A. §§ 48-7-40.1, 50-8-5(b)(2), 50-8-11
• History. Original Rule entitled "Application for Designation" adopted. F. Oct. 4, 2004; eff. Oct. 24, 2004.
• Amended: F. Sept. 16, 2008; eff. Oct. 6, 2008.
• Repealed: New Rule of same title adopted. F. May 7, 2010; eff. May 27, 2010.
• Amended: F. Feb. 28, 2017; eff. Feb. 8, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-24-1-.04 Policies, Procedures, Limitations, Reporting and Adjustment of Boundaries

(1) Applications for Opportunity Zones may be submitted at any time.

(2) A local government may have any number of Opportunity Zones unless otherwise limited by law or these regulations.

(3) A business may qualify for the Opportunity Zone credit without qualifying for benefits under a State Enterprise Zone or Urban Redevelopment Plan.

(4) State Enterprise Zones cited for the purpose of application to the commissioner of community affairs for the creation of an Opportunity Zone must be active, bona fide State Enterprise Zones that are currently offering incentives to enterprise zone businesses.

(5) Opportunity Zones will exist for a period of 10 years from the date of designation or for the life of the related State Enterprise Zones and Urban Redevelopment Plans, whichever is shorter. Opportunity Zones may be renewed by the commissioner of community affairs at the end of 10 years. The Opportunity Zones may be revoked should the documentation used to designate the Zone be determined to be fraudulent.

(6)

Reporting

(a)

On an annual basis on or by January 31st and in a format to be provided by the department, the local government shall report to the department the Opportunity Zone's activity for the most recent available year as follows:

1. A narrative description of the local government actions undertaken within the Opportunity Zone for the preceding year. The local government may use the potential actions listed at 110-24-1-.03(4)(b) for purposes of the report.

2. The total of the tax values of the parcels within the proposed zone for the preceding year.

3. The total of the tax value for the applicant's total property tax digest for the preceding year.

(b)

On a periodic basis, but at least every five (5) years in a format to be provided by the department, the local government shall report to the department the Opportunity Zone's activity for the most recent available year as follows:

1. A table detailing a description of each parcel within the designated zone to include the parcel number, current tax value, acreage, type of use and notation with regards to the condition of the parcel pursuant to the Designation Criteria.

(7)

Adjustment of Opportunity Zone Boundaries

(a) Opportunity Zone boundaries may be adjusted by the commissioner of community affairs to correct errors or when it is determined that the documentation used to designate the boundaries was incorrect.

(b) When a local government has an area designated as an Opportunity Zone and determines during the term of the Opportunity Zone designation that a minor parcel or minor parcels should be added to the existing designated area, then the local government may request the boundaries be adjusted by the commissioner of community affairs. The parcel(s) to be included within the boundaries must fall within the existing Urban Redevelopment Plan and/or State Enterprise Zone boundary and meet the Designation Criteria for the Opportunity Zone.

(c) When a local government submits a request for a change in the designated Opportunity Zone boundary, and such change includes an amendment to the original Urban Redevelopment Plan or State Enterprise Zone under which the area was originally designated, then any changes to the Opportunity Zone boundary will be subject to the same expiration date as the original designation. In order for a government to establish a new eligibility period for designating an Opportunity Zone area, the newly designated area must fall under a new Urban Redevelopment Plan or State Enterprise Zone as a stand-alone plan that does not include the area already designated.

History

• Authority: O.C.G.A. §§ 48-7-40.1, 50-8-5(b)(2), 50-8-11
• History. Original Rule entitled "Policies, Procedures, and Limitations" adopted. F. Oct. 4, 2004; eff. Oct. 24, 2004.
• Amended: F. Sept. 16, 2008; eff. Oct. 6, 2008.
• Repealed: New Rule entitled "Policies, Procedures, Limitations, Reporting and Adjustment of Boundaries" adopted. F. May 7, 2010; eff. May 27, 2010.
• Amended: F. Feb. 28, 2017; eff. Feb. 8, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-24-1-.05 Opportunity Zone Tax Credit

(1) For eligible businesses within a currently designated Opportunity Zone, tax credits may be earned in accordance with O.C.G.A. § 48-7-40.1 and the accompanying regulations. Nothing in this regulation shall be construed as authorization for businesses to claim multiple job tax credits for the same jobs. By way of further explanation, no business may add credits for the same jobs by qualifying simultaneously under the various provisions of O.C.G.A. §§ 48-7-40 and 48-7-40.1 . Thus businesses may only claim the credit for jobs created under either the county tier program or the Opportunity Zone program, but not both programs.

(2) All applicable laws and regulations of the Job Tax Credit Program (see O.C.G.A. § 48-7-40.1 and Rules Chapter 110-9-1) must be met before a business may earn Opportunity Zone credits.

(3)

Before claiming Opportunity Zone tax credits, a business must apply for a certification that the business location where jobs are being created is within a currently designated Opportunity Zone.

(a) The business' application must contain the business' address and parcel number. If requested, the business will supply geographic coordinates to assist in verifying the location within an Opportunity Zone.

(b) The business must file the certification with the local jurisdiction's contact person for the Opportunity Zone. The local jurisdiction must then certify that the business location is within the Opportunity Zone, that the business meets all applicable local ordinances and licensing standards, and that the State Enterprise Zone or Urban Redevelopment Plan is active and making demonstrated progress towards its redevelopment objective.

(c) The certification must then be forwarded to the department of community affairs for acknowledgement.

(d) Once certified and acknowledged, a copy will be provided back to the business, the local jurisdiction and the department of revenue.

(4) These regulations shall be applicable to all taxable years beginning on or after January 1, 2010 unless otherwise required by law. Businesses may earn Opportunity Zone tax credits for tax years beginning on or after January 1st of the year in which an Opportunity Zone designation is approved by the department of community affairs and provided the business has received a valid certification that the business location is within the designated Opportunity Zone.

History

• Authority: O.C.G.A. §§ 48-7-40.1, 50-8-5(b)(2), 50-8-11
• History. Original Rule entitled "Opportunity Zone Tax Credit" adopted. F. Oct. 4, 2004; eff. Oct. 24, 2004.
• Amended: F. Sept. 16, 2008; eff. Oct. 6, 2008.
• Repealed: New Rule of same title adopted. F. May 7, 2010; eff. May 27, 2010.
• Amended: F. Feb. 28, 2017; eff. Feb. 8, 2017, as specified by the Agency.

Chapter 110-25 The Life Sciences Facilities Fund Loan Program Description

Subject 110-25-1 The Life Sciences Facilities Fund Loan Program Description

Ga. Comp. R. & Regs. r. 110-25-1-.01 Scope of Rule

This regulation governs the operation of the Life Sciences Facilities Fund ("Facilities Fund") as established by the Georgia Legislature and signed by the Governor in the S.F.Y. 2005 Amended General Appropriations Act, the Governor's Budget Document for S.F.Y. 2005, and 2005 Ga. Laws Act #395 (HB 84). The Board of the Georgia Department of Community Affairs ("the Department") through its resolution adopted on August 3, 2005, approved the adoption of regulations which will guide the Facilities Fund's operation.

History

• Authority: O.C.G.A. Sec. 50-8-1et seq
• History. Original Rule entitled "Scope of Rule" adopted. F. Dec. 16, 2005; eff. Jan. 5, 2006.
• Grant Chapter 110-25-1 originally submitted on December 16, 2005, as rules. Error discovered and corrected in Nov. 2007.
• Original grant description entitled "Scope of Rule" submitted December 16, 2005.
• Submitted:Nov. 7, 2007.

Ga. Comp. R. & Regs. r. 110-25-1-.02 Definitions

(1) The definitions for purposes of this regulation are identical in all respects to the terms defined in O.C.G.A. Sections 50-8-2 and 50-26-4 , as well as the following:

(2) Life-science company. Life-sciences companies use biological processes to solve problems and make useful products for the improvement of health care (human and animal), food and agriculture, aquaculture, forestry, industrial production (such as chemicals, textiles, plastics, pulp and paper), energy production, environmental management (such as remediation and natural resource recovery) and national defense. Also included are companies that make the tools (from synthetic DNA and protein products to computer hardware and software) that support life-sciences industry research and development and the materials and systems for manufacture of life-sciences products. Companies should be creating commercially promising technologies and higher quality jobs.

History

• Authority: O.C.G.A. Sec. 50-8-1et seq
• History. Original Rule entitled "Definitions" adopted. F. Dec. 16, 2005; eff. Jan. 5, 2006.
• Grant Chapter 110-25-1 originally submitted on December 16, 2005, as rules. Error discovered and corrected in Nov. 2007.
• Original grant description entitled "Definitions" submitted December 16, 2005.
• Submitted:Nov. 7, 2007.

Ga. Comp. R. & Regs. r. 110-25-1-.03 Purpose

The purpose of the Life Sciences Facilities Fund (the "Facilities Fund") is to serve as an incentive program to provide low-cost loan assistance for the purchase of fixed assets to eligible applicants that are being considered as a relocation or expansion site for a life-science company targeted by Georgia. The Facilities Fund is intended to be used as an incentive when needed to retain or recruit life-science companies in and to Georgia, or to fill a financing gap that is unmet by the private sector (including angel investors, venture capital, traditional commercial financing, developer financing, etc.) and when the health, welfare and economic security of the citizens of the state are promoted through the recruitment, development and retention of life-sciences companies that are creating higher quality jobs, making private investment in Georgia and creating marketable products.

History

• Authority: O.C.G.A. Sec. 50-8-3
• History. Original Rule entitled "Purpose" adopted. F. Dec. 16, 2005; eff. Jan. 5, 2006.
• Grant Chapter 110-25-1 originally submitted on December 16, 2005, as rules. Error discovered and corrected in Nov. 2007.
• Original grant description entitled "Purpose" submitted December 16, 2005.
• Submitted:Nov. 7, 2007.

Ga. Comp. R. & Regs. r. 110-25-1-.04 Eligible Applicants

Eligible applicants and recipients of funds awarded under this program shall include, but not be limited to, general-purpose local governments (municipalities and counties), and component units of local governments and/or local government authorities and joint or multi-county development authorities. All local government units that are party to an application must be in compliance, where applicable, with the requirements regarding comprehensive planning (O.C.G.A. §§ 50-8-1et seq.), report of local government finances (O.C.G.A. § 36-81-8(b)), local service delivery strategies (O.C.G.A. § 36-70-1et seq.), government management indicators survey (O.C.G.A. § 36-81-8(h)), report of registered authority finances (O.C.G.A. § 36-81-8), and local government authorities registration (O.C.G.A. § 36-80-8et seq.).

History

• Authority: O.C.G.A. Sec. 50-8-1et seq
• History. Original Rule entitled "Eligible Applicants" adopted. F. Dec. 16, 2005; eff. Jan. 5, 2006.
• Grant Chapter 110-25-1 originally submitted on December 16, 2005, as rules. Error discovered and corrected in Nov. 2007.
• Original grant description entitled "Eligible Applicants" submitted December 16, 2005.
• Submitted:Nov. 7, 2007.

Ga. Comp. R. & Regs. r. 110-25-1-.05 Fund Availability

(1) Funds appropriated or otherwise made available to the Department will be made available to eligible applicants for projects when a life-sciences company cannot locate or expand without special financial assistance.

(2) In addition to funds appropriated by the Legislature, additional funds may come from program income such as principal and interest on the LSFF loans or REBA loans that were designated for use by life-science companies. Program income may be used for future LSFF loans or to cover the Department's costs in managing the Facilities Fund.

(3) Loans will be closed in either DCA's name or by the Georgia Housing and Finance Authority (or a subsidiary corporation thereof). Loans may be made to a development authority which will in turn loan the funds to the sub-recipient business, or loans may be made directly to the sub-recipient business.

(4) Loans are not limited in amount, although generally the loan amount will not be more than 25% of the fixed-asset needs of the company's Georgia location. A recommended loan amount should be included in a letter of support from a state agency or organization whose statutory powers and duties include community and economic development or the enhancement of Georgia's technology sectors. (See Section 110-25-1.08(3) below.) Final approval of loan amounts is at the discretion of the Department.

(5) The criteria in these rulesare designed to assist the Department in making its decision and only constitute minimum standards. Additional factors may be considered depending on the nature of particular projects and their relative merit compared to competing proposals, and depending on the availability of funding at the time of application.

(6) The Department will establish and announce funding availability. Applications will be accepted throughout the fiscal year and will be reviewed based upon the criteria in Rules 110-25-1-.08 and .09 .

(7) Eligible applicants must apply for assistance under this program in a format and manner described by the Department. Application manuals and guidelines may be obtained from the Department or its website: Georgia Department of Community Affairs Life-Sciences Facilities Fund 60 Executive Park South, NE Atlanta, Georgia 30329 (404) 679-4940 www.dca.state.ga.us

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-8, 50-26-4, 50-26-5, 50-26-8, 50-26-18
• History. Original Rule entitled "Fund Availability" adopted. F. Dec. 16, 2005; eff. Jan. 5, 2006.
• Grant Chapter 110-25-1 originally submitted on December 16, 2005, as rules. Error discovered and corrected in Nov. 2007.
• Original grant description entitled "Fund Availability" submitted December 16, 2005.
• Submitted:Nov. 7, 2007.

Ga. Comp. R. & Regs. r. 110-25-1-.06 Eligible Activities

Loan funds may be used only for privately owned or publicly owned/privately leased fixed assets (i.e. land, buildings, leasehold improvements or machinery and equipment). Transactions may require the participation of a local-government development authority as a conduit for the loan funds.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-26-5, 50-26-8, 50-26-18
• History. Original Rule entitled "Eligible Activities" adopted. F. Dec. 16, 2005; eff. Jan. 5, 2006.
• Grant Chapter 110-25-1 originally submitted on December 16, 2005, as rules. Error discovered and corrected in Nov. 2007.
• Original grant description entitled "Eligible Activities" submitted December 16, 2005.
• Submitted:Nov. 7, 2007.

Ga. Comp. R. & Regs. r. 110-25-1-.07 Loan Terms

(1) Terms for the Loans, including interest rate, amortization, loan fees, collateral and other consideration, will be determined during the underwriting process based upon the nature of the assets financed, the needs of the sub-recipient business and the risk associated with the project. In general, funds will either be loaned directly to the subrecipient business or transferred to recipient local governments or authorities with conditions that determine the terms and covenants required in the loan to the sub-recipient business, including eligible uses, collateral requirements, and private-investment and job-creation commitments.

(2) Generally, loans will be secured, at a minimum, by the assets to be financed, (e.g., via a UCC security interest, a leasehold deed to secure debt) and with other security (e.g. corporate guarantees) on an as-needed basis. The interest rates on the loans will generally be below market-rate financing as an incentive to move the project forward and to improve the company's cash flow; interest payments may be deferred until the end of the loan term.

(3) If funds are passed through a local government authority, then that entity shall reimburse the total amount of the loan funds to the Department; provided, however, that the reimbursement obligation shall generally be limited to payments made by the Company under the loan. Reimbursement by the recipient shall be made in periodic payments in amounts equivalent to payments made by the Company under the loan, less any fees that might be agreed upon in writing between the recipient and the Department.

(4) All loan repayments, including interest, fees and principal repayments, shall be recaptured by DCA in the LSFF program fund to be reloaned to future eligible borrowers and to cover administrative costs of the program.

(5) Generally, the terms of the loan shall contain at least one "triggering event" that will require the acceleration of the term of the loan. For example, a loan with a term of ten years may be accelerated to a three-year term in the event that the sub-recipient Company is acquired, has an initial public offering, or receives regulatory approval from a governing agency (e.g., the FDA or USDA).

(6) In most cases, loans will contain terms requiring immediate and full repayment of the Loan balance if the company moves its operations out of Georgia, closes the LSFF-funded facility, is sold or liquidated. The Department also reserves the right to establish criteria for the recapture of loan funds upon transfer of project assets to an entity other than the sub-recipient business or upon any event that violates state law, the public purpose of the loan program, any of the loan conditions, or any intergovernmental contract provision. All recaptured funds must be returned to the Department unless otherwise specified by the Department.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-26-5, 50-26-8, 50-26-18
• History. Original Rule entitled "Loan Terms" adopted. F. Dec. 16, 2005; eff. Jan. 5, 2006.
• Grant Chapter 110-25-1 originally submitted on December 16, 2005, as rules. Error discovered and corrected in Nov. 2007.
• Original grant description entitled "Loan Terms" submitted December 16, 2005.
• Submitted:Nov. 7, 2007.

Ga. Comp. R. & Regs. r. 110-25-1-.08 Threshold Requirements

(Application must meet all threshold requirements in order to be considered):

(1) The application is from an eligible applicant;

(2) The proposed sub-recipient business is a life-sciences company;

(3) A letter of support and recommendation has been issued by a state agency or organization whose statutory or organizational powers and duties include community and economic development or the enhancement of Georgia's technology sectors, stating that the proposed project needs the Loan Fund's loan assistance and will (if funded) develop, promote, and/or retain trade, commerce, industry and employment opportunities within the state's strategic industries and promote the general welfare of the state;

(4) The proposed use of funds is for eligible activities and will be carried out in a manner consistent with the state constitution, state law and in accordance with the applicant's and sub-recipient's enabling legislation and authority or corporate charter; and

(5) The proposed activities are consistent with local and regional plans developed under the provisions of the Georgia Planning Act and the Service Delivery Strategies developed in accordance with O.C.G.A. 36-70-1 et seq.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Rule entitled "Threshold Requirements" adopted. F. Dec. 16, 2005; eff. Jan. 5, 2006.
• Grant Chapter 110-25-1 originally submitted on December 16, 2005, as rules. Error discovered and corrected in Nov. 2007.
• Original grant description entitled "Threshold Requirements" submitted December 16, 2005.
• Submitted:Nov. 7, 2007.

Ga. Comp. R. & Regs. r. 110-25-1-.09 Review of Applications

(1) All applications that meet the Threshold Requirements outlined in Section 110-25-1-.08 will be reviewed to determine the merit of the applications and the proposed use of funds. Applicants and potential borrowers should follow the detailed guidelines set forth in the application package, paying special attention to the requirements for supporting documentation and the narrative description. Applications will be rated according to a point system with the maximum number of points available to an application being set at 500. In order to be funded, an application must receive a minimum score of 300 points. For all applications, the rating criteria may award up to 100 bonus points for projects that meet the bonus criteria outlined in Section 110-25-1-.09(5) . Applications will be reviewed based upon enhancement of economic development opportunities and the project's contribution to the development of the State's life-sciences industry, including job creation, private investment and the creation of marketable products. The rating criteria are outlined below.

(2)

Project Feasibility

(

160 Points Maximum)

Applications will be awarded "feasibility" points according to the following scale: poor: 0.0 points; below average: 40.0 points; average: 80.0 points; good: 120.0 points; excellent: 160 points. In order to determine where on the feasibility scale a project ranks the following criteria, at a minimum, will be analyzed:

A)

The proposed project and activities are clearly described and documented, and the responsibilities for carrying out each activity are clearly ascribed to a participating entity and each entity has firmly committed in writing to carry out its part. Project narrative (or some other document such as a business plan to be included with the application) should describe:

i) the company's background, history and mission, including how long the principals have been involved, how the work has been funded thus far, and what has been accomplished in the last twelve months;

ii) qualifications of key management and scientific personnel;

iii) the need or problem that the company's product addresses and the current state of available options to meet that need or problem (i.e., the market for the company's product including competition);

iv) the company's proposed technology or product;

v) the competitive advantage of the company's technology or product;

vi) the technical, scientific and commercial milestones for the company, at least through commercialization of a product;

vii) the status of the company's intellectual property and whether the company has an established intellectual-property policy;

viii) any regulatory approvals that the company must obtain; and ix) the proposed costs for the project and the status of all funding sources.

B)

Underwriting analysis has determined that:

i) the company's capitalization plan is sound and access to capital to sustain operations appears to be available;

ii) the near-term commercialization potential is good and reasonably estimated;

iii) the company's performance and standing is secure in the following areas: capital management, debt capacity, management character/experience, economic and market conditions;

iv) the company's proposed development or business plan uses reasonable assumptions;

v) the company's development team (principals, officers, production and scientific leaders, developers, contractors, etc.) is committed and has a successful record in the proposed or a similar industry;

vi) for real-estate projects, does the proposed development team have a successful record of accomplishment? The team may include the following: developer, contractor, architect, leasing agent, property manager, syndicator, construction manager, interim and permanent lenders;

vii) the proposed business plan, marketing strategy and proforma are realistic; and

viii) the company will be able to repay the loan.

C)

When requested by the Department or the Georgia Department of Economic Development, Scientific vetting, as supported by a report from the Board of Regents, the Georgia Research Alliance or a similarly capable entity, has determined that:

i) the company has a sound scientific and technical base;

ii) the company's product or service can reasonably be expected to develop a competitive position in the marketplace;

iii) the company's regulatory strategy is sound;

iv) the intellectual property of the company is strong;

v) the company has a reasonable timeline for research and development, raising capital, applicable regulatory approvals, commercialization of products, etc.;

vi) the company has plans for manufacturing and marketing its product, whether in-house or with a partner; and

vii) the company has a reasonable likelihood of obtaining regulatory approval (e.g., FDA, USDA) of its products (as applicable).

D) Project costs are verified through original source documents, architectural and engineering reports, or certified appraisals.

E)

Project readiness concerns are addressed (as applicable):

i) engineering/architectural/environmental reports are complete;

ii) infrastructure/utility access issues;

iii) specific job and investment commitments have been made;

iv) commitments to fund operations/maintenance, etc.;

v) other public and private sector investors are committed and ready to invest;

vi) all needed real property is acquired or under option;

vii) environmental, regulatory and liability concerns addressed (phase 1, government permits, etc.);

viii) administrative capacity is adequate.

F) Applicant certifies that project complies (or will comply) with all applicable federal, state, and local law and regulations.

(3)

Program Strategy

(

120 Points Maximum

)

Applications will be awarded "Strategy" points according to the following scale: poor: 0.0 points; below average: 30 points; average: 60 points; good: 90 points; excellent: 120 points. In order to determine where on the strategy scale a project ranks the following criteria, at a minimum, will be analyzed:

A) The proposed project will result in the enhancement of Georgia's life-sciences industry and the State's innovation economy;

B) The proposed project will benefit from and/or enhance the state's research institutions;

C)

The proposed project is likely to lead to indirect local, regional or statewide impact by:

i) attracting related development/investment;

ii) supporting/enhancing local or regional development strategies and priorities; and

iii) fostering partnerships between the private sub-recipient and Georgia's research universities, state colleges, or other Georgia businesses;

D) Financial and programmatic alternatives have been considered for the proposed project and eliminated;

E) The project represents an innovative approach to the development and retention of employment opportunities in Georgia's life-sciences industry;

F) The project has local support as evidenced by resolutions from the local government (City or County) and the local development authority that will be the conduit for the loan funds, if applicable.

(4)

Project Impact

(

120 Points Maximum)

Applications will be awarded "Impact" points according to the following scale: poor: 0.0 points; below average: 30.0 points; average: 60.0 points; good: 90 points; excellent: 120 points. In order to determine where on the impact scale a project ranks the following criteria, at a minimum, will be analyzed:

A) The number and quality of jobs to be created or retained including workforce enhancement through higher-than-average wages, job training, skill upgrades, education, etc.;

B) The amount of DCA and other state assistance per job created or retained;

C) Amount of private leverage represents at least a 3-to-1 match of the Facilities Fund loan amount (any investments made in the company more than six months prior to submission of the Facilities Fund application, or issuance of pre-agreement cost approval, may not be counted toward the 3-to-1 match requirement);

D) The amount of public leverage;

E) New/retained taxes;

F) Improved regional or state competitiveness;

G) Potential secondary benefits; and

H) The diversification of local, regional or state economies through support of the life-sciences industry.

(5)

Bonus Points

(

100 Points Maximum

) Applications may be awarded bonus points based upon a project's demonstration of exceptional benefits or partnerships such as:

a) Significant job-creation committed;

b) An active partnership with a State research institution or success in a Georgia incubator;

c) Serious potential for significant future investment in Georgia such as the location of a future manufacturing facility; and

d) Significant and quantifiable regional cooperation or impact as evidenced by multi-jurisdictional cooperation through project ownership or a revenue- and cost-sharing agreement or other intergovernmental agreement that evidences significant cooperation between two or more counties.

(6) Proprietary information: Georgia Law requires that "All public records of an agency as defined in subsection (a) of this Code section, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen" (O.C.G.A. § 50-18-70(b)). This means that past and current records on Facilities Fund projects and applications are required to be open for public inspection. However, certain proprietary information which is required to be included in an application and must be supplied by a business or developer in order to receive funds and which by law are prohibited or specifically exempted from being open to inspection by the general public (for example, information that constitutes a "trade secret" (O.C.G.A. § 10-1-740et seq.; 16-8-13(a)(4)) is exempt from disclosure under O.C.G.A. section 50-18-70. Any information an applicant or sub-recipient business believes is exempt from disclosure must be clearly identified as such.

(7) The criteria in this rule (110-25-1) are designed to assist the Department in making a decision and only constitute minimum standards. Additional factors may be considered depending on the nature of particular projects and their relative merit compared to competing proposals and depending on the availability of funding at the time of application. Furthermore, in its review of applications, the Department may, at its discretion, consult with other individuals or agencies, such as the Georgia Department of Economic Development, the Georgia Research Alliance or the Board of Regents and related institutions, as appropriate for receiving advice. The decisions made by the Department shall be final and conclusive.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-18-70 to 50-18-77
• History. Original Rule entitled "Review of Applications" adopted. F. Dec. 16, 2005; eff. Jan. 5, 2006.
• Grant Chapter 110-25-1 originally submitted on December 16, 2005, as rules. Error discovered and corrected in Nov. 2007.
• Original grant description entitled "Review of Applications" submitted December 16, 2005.
• Submitted:Nov. 7, 2007.

Ga. Comp. R. & Regs. r. 110-25-1-.10 Awarding of Funds

(1) Once selected for funding, awarded funds will be made available by the Department through an award contract incorporating by reference the approved final application and adding general conditions plus special conditions as necessary. Such special conditions shall include the terms and conditions of the loan to the sub-recipient business.

(2) Because of the limited amount of funds available, the Department may also award an amount less than the amount requested in the application. Applicants will have thirty (30) days from the date of award to accept any special conditions and/or the reduced award amount. If the applicant fails to accept the special conditions or lower award amount within the required period, the Department may unilaterally withdraw the award.

(3) The Department will prepare loan documents in consultation with the recipient's and company's attorneys.

(4) As part of the award conditions, the recipient must provide progress reports on the impact and performance of the project as required by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original Rule entitled "Awarding of Funds" adopted. F. Dec. 16, 2005; eff. Jan. 5, 2006.
• Grant Chapter 110-25-1 originally submitted on December 16, 2005, as rules. Error discovered and corrected in Nov. 2007.
• Original grant description entitled "Awarding of Funds" submitted December 16, 2005.
• Submitted:Nov. 7, 2007.

Ga. Comp. R. & Regs. r. 110-25-1-.11 Statement of Conditions

In addition to the certifications made on the face of the award statement, the recipient of funds must further certify that:

(1) No applicable state laws, rules, regulations or applicable local ordinances shall be violated in carrying out this project and expending the Department's Life Sciences Facilities Fund monies.

(2) Recipient's internally adopted procurement procedures meet applicable state requirements and will be adhered to and documentation shall be maintained to document such adherence.

(3) Recipient's accounting records shall be maintained in a manner consistent with generally accepted government accounting standards and the Uniform Chart of Accounts established by the Department of Community Affairs (O.C.G.A. § 36-81-3 ).

(4) If the Recipient is a development authority, then the project financed in part by Loan Fund monies shall only be leased or sold or administered as provided by O.C.G.A. § 36-62-7 , local constitutional amendment, local law passed by the legislature, or other general enabling legislation, as applicable.

(5) Upon request of the Department, the Recipient shall submit copies of annual financial audits that cover all or part of the award period to the agency. These annual financial audits must be conducted in accordance with government auditing standards established by the comptroller general of the United States.

(6)

No real or apparent conflict of interest shall be engaged in by any person or party (or any person or party with whom they have family or business ties) who is involved in any aspect of the Facilities Fund project. In general, no person who is an elected or appointed official, employee, agent, consultant, officer or any person serving in a similar capacity with any participating public agency that exercises or has exercised any functions or responsibilities with respect to any Facilities Fund activities can benefit from a Facilities Fund project. Those persons who are in a position to participate in a decision-making process or gain inside information regarding Facilities Fund proposed or related activities, who may obtain a personal, financial interest, or benefit from the project, or have any interest in any contract, subcontract or agreement with respect to any Facilities Fund project are also prohibited from benefiting from the project. The prohibitions against benefiting from a Facilities Fund project would apply to the covered individuals or those with whom they have family or business ties, for one year following their tenure in the covered position.

Exceptions - Upon written request, the agent may grant an exception to the provisions of the above paragraph, on a case-by-case basis, before funds are expended. Exceptions can only be granted when the agent determines that the exception will serve to further the purposes of the Facilities Fund Program. To seek an exception, a written request for an exception must be submitted by the applicant to the agent which:

1. Fully discloses the conflict or potential conflict of interest, prior to the applicant undertaking any action which results or may result in a conflict of interest, real or apparent; and

2. Describes how the conflict of interest was publicly disclosed; and

3. Includes a written opinion of the applicant's attorney that the interest for which the exception is sought would not violate state or local law. Should any statutory conflict-of-interest provision apply (e.g., O.C.G.A. § 36-62-5(e)), then evidence must be provided that the appropriate steps were followed to disclose and remedy the conflict of interest.

History

• Authority: O.C.G.A. Sec. 50-8-1et seq
• History. Original Rule entitled "Statement of Conditions" adopted. F. Dec. 16, 2005; eff. Jan. 5, 2006.
• Grant Chapter 110-25-1 originally submitted on December 16, 2005, as rules. Error discovered and corrected in Nov. 2007.
• Original grant description entitled "Statement of Conditions" submitted December 16, 2005.
• Submitted:Nov. 7, 2007.

Chapter 110-26 Hands on Georgia Challenge Grant Program

Subject 110-26-1 Hands on Georgia Challenge Grant Program

Ga. Comp. R. & Regs. r. 110-26-1-.01 Purpose

The purpose of the Hands On Georgia and the Georgia Department of Community Affairs State Challenge Grant is to build capacity within current and proposed Hands On Georgia organizations to implement Hands On programming. Pursuant to O.C.G.A. Sec. 50-8-8, the State Challenge Grant Program shall be administered by the Georgia Department of Community Affairs.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Purpose" submitted February 8, 2006.

Ga. Comp. R. & Regs. r. 110-26-1-.02 Definitions

(1) Department means the Department of Community Affairs.

(2) Hands On Georgia means the statewide network supporting volunteerism in the state of Georgia.

(3) Existing Affiliate means any organization, either stand alone or part of an existing nonprofit organization utilizing the Hands On model.

(4) Emerging Affiliate means organization, either stand alone or part of an existing nonprofit organization not yet affiliated with Hands On Georgia.

(5) Hands On Programming means a calendar of service opportunities in partnership with multiple agencies and providing team-based volunteer opportunities that are led by a trained volunteer leader.

(6) State Challenge Grant means a grant provided to Hands On Georgia affiliates who present a clear vision of the growth and development that is anticipated, as well as precise methods for demonstrating the level of growth and development that has been achieved.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Definitions" submitted February 8, 2006.

Ga. Comp. R. & Regs. r. 110-26-1-.03 Grant Competitions

(1) The Department and Hands On Georgia shall hold one competition period per fiscal year.

(2) Applications must be received by Hands On Georgia no later than the closing date of the competition.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Grant Competitions" submitted February 8, 2006.

Ga. Comp. R. & Regs. r. 110-26-1-.04 Allocation of Appropriated Grant Funds

Funds appropriated or otherwise made available to the Department and Hands On Georgia for the State Challenge Grant Program will be disbursed from the Department to the grantee in two installments. Twenty-five percent of the grant amount will be disbursed within 10 business days upon receipt of the signed grant agreement. The remaining disbursement will be made upon satisfactory demonstration of the match requirement.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Allocation of Appropriated Grant Funds" submitted February 8, 2006.

Ga. Comp. R. & Regs. r. 110-26-1-.05 Eligible and Ineligible Activities

(1) Eligible activities include, but are not limited to: building organizational capacity (including expanding or developing staff resources) to implement Hands On programming; creating one-time and ongoing service projects with a variety of agency partners, addressing a diverse array of issue areas; engaging volunteers as leaders in all aspects of hands-on programming: project leaders, committee members, etc.; organizing large-scale "day of service" events; engaging corporate partners, including employee volunteer programming, customized project development and management; developing volunteer leaders, including issue-education, project reflection, infusion of civic engagement strategies, and skill-building opportunities for volunteers.

(2) Ineligible activities include, but are not limited to, parades, celebrations, or cash awards. A State Challenge Grant cannot be used for any activity that would violate the gratuities clause of the State Constitution.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Eligible and Ineligible Activities" submitted February 8, 2006.

Ga. Comp. R. & Regs. r. 110-26-1-.06 Grant Award Amounts and Matching Requirements

The maximum amount for an application will be $10,000. In cases where the applicant can demonstrate that the activity to be funded with the State Challenge Grant is particularly innovative or exceptional, the Department or Hands On Georgia may choose to award up to the maximum grant of $10,000. Eligible applicants receiving a grant award will be required to provide a match no less than dollar for dollar of the grant amount. This matching requirement must be met by cash contributions only.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Grant Award Amounts and Matching Requirements" submitted February 8, 2006.

Ga. Comp. R. & Regs. r. 110-26-1-.07 Review of Grant Applications

Eligible applications received during a competition period will be reviewed by a grant review committee. The grant review committee will determine the merit of each application and make a recommendation as to whether such affiliate shall receive a State Challenge Grant. In determining whether an affiliate shall receive a grant award, the grant review committee will consider the following factors:

(a) The needs to be addressed by the project and the project's potential to effectively meet these needs;

(b) Project costs in relation to benefits derived; the number of people affected;

(c) Feasibility of the proposed strategy for carrying out the programming, including: likelihood that the programs can be successfully implemented as described; provision for adequate technical assistance to ensure quality work; the reasonableness of the budget; and indication that key actors who will carry out the programs are ready to proceed and demonstrate ability to make the programs succeed;

(d) Evidence that volunteers will be involved in the programming, as appropriate;

(e) Degree to which the proposed programs are consistent with the goals, policies and implementation strategy of the affiliate's comprehensive plan;

(f) The affiliate's demonstrated commitment to ongoing implementation of its comprehensive plan;

(g) Evidence that the programs are supported by community partners;

(h) Reliability of other funding commitments (i.e., city, county, schools, civic groups, other grants or loans, etc.);

(i) Other information submitted by the applicant and deemed relevant by the Grant Review Committee.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Review of Grant Applications" submitted February 8, 2006.

Ga. Comp. R. & Regs. r. 110-26-1-.08 Awarding of Grant Funds

(1) Within 45 days of the close of a grant competition, the Department and Hands On Georgia will select grant recipients based upon the review criteria outlined at 110-26-1-.07 .

(2) Upon selection by the Department and Hands On Georgia to receive a State Challenge Grant, the applicant will enter into a contract with the Department specifying the terms and conditions for the receipt of grant funds. At the time such contract is signed by the applicant, the Department and Hands On Georgia, the Department will disburse grant funds to the applicant based on a predetermined payment schedule. Final payment of grant funds shall be contingent on the applicant fully satisfying the terms of the contract.

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Awarding of Grant Funds" submitted February 8, 2006.

Ga. Comp. R. & Regs. r. 110-26-1-.09 Application Procedures

Eligible applicants must apply for the State Challenge Grant in a format and manner prescribed by the Department and Hands On Georgia. Grant applications may be received by accessing handsongeorgia.org or writing to Hands On Georgia at the following address:

Hands On Georgia

ATTN: State Challenge Grant Program

600 Means Street, Suite 110

Atlanta, Georgia 30318

History

• Authority: O.C.G.A. Secs. 50-8-8, 50-8-9
• History. Original grant description entitled "Application Procedure" submitted February 8, 2006.

Chapter 110-27 Signature Community Program

Subject 110-27-1 Signature Community Program

Ga. Comp. R. & Regs. r. 110-27-1-.01 Purpose

The purpose of the Signature Community Program Grant is to provide eligible recipients with limited state financial assistance to implement important local community development or improvement needs identified in their local comprehensive plan without supplanting other major sources of assistance. Pursuant to O.C.G.A. Sec. 50-8-8, the Signature Community Program Grant shall be administered by the Georgia Department of Community Affairs.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Purpose" submitted May 15, 2006.

Ga. Comp. R. & Regs. r. 110-27-1-.02 Definitions

(1) Commissioner means the Commissioner of the Georgia Department of Community Affairs.

(2) Department means the Georgia Department of Community Affairs.

(3) Eligible Recipient means any municipality, county, consolidated government or joint partnerships of municipalities, counties or consolidated governments.

(4) Signature Community Program Grant means any grant provided to an eligible recipient for the purpose of planning for, and implementation of, local community development or improvement needs identified in the Signature Community Program Memorandum of Understanding (MOU).

(5) Memorandum of Understanding (MOU) means a document that spells out expectations to be performed by the participating, selected local government(s) and the Department of Community Affairs to implement the local community development or improvement needs described in the eligible recipient's Signature Community Program application.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Definitions" submitted May 15, 2006.

Ga. Comp. R. & Regs. r. 110-27-1-.03 Grant Competitions

Signature Community Program Grants will be made following the selection of eligible recipients and completion of an approved MOU.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Competitions" submitted May 15, 2006.

Ga. Comp. R. & Regs. r. 110-27-1-.04 Allocation of Appropriated Grant Funds

Funds appropriated or otherwise made available to the Department for Signature Community Program grants will be allocated to Signature Community Program eligible recipients as follows:

(a) Up to 50% of the grant amount shall be allocated to a selected applicant after completion and approval of the MOU between the selected applicant and DCA.

(b) The balance of the grant amount shall be allocated upon completion of program initiatives outlined in the MOU.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Allocation of Appropriated Grant Funds" submitted May 15, 2006.

Ga. Comp. R. & Regs. r. 110-27-1-.05 Eligible and Ineligible Activities

(1) Eligible activities include expenses incurred for implementing approved plans prepared in accordance with the Georgia Planning Act of 1989, the Georgia Comprehensive Solid Waste Management Act and included in the approved MOU.

(2) Ineligible activities include any activities not included in the MOU. The Signature Community Program grant cannot be used for administrative, overhead expenses or anything that would violate the gratuities clause of the State Constitution. Selected communities must guard against any actions by individuals, groups or organizations that may pose a conflict of interest or the appearance thereof.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible and Ineligible Activities" submitted May 15, 2006.

Ga. Comp. R. & Regs. r. 110-27-1-.06 Eligible Recipients

(1) An eligible recipient, as defined in O.C.G.A. Sec. 110-6-1-.02(3) , may apply for Signature Community Program grants. If more than one eligible recipient is party to the application then one of the eligible recipients must be designated as the lead agency, responsible for administering the grant upon award thereof.

(2)

In order to be eligible to apply for and/or receive a Signature Community Program grant, an eligible recipient must be in compliance with the following:

(a) O.C.G.A. Sec. 50-8-2(a)(18) as it relates to a "qualified local government";

(b) The requirements of O.C.G.A. Sec. 36-81-8 as it relates to an "annual report of local government finances";

(c) If applicable, be eligible to receive solid waste grants, loans and permits as outlined in O.C.G.A. Sec. 12-8-20 et seq. , as it relates to "the Comprehensive Solid Waste Management Act of 1990"; and

(d) The requirements of O.C.G.A. Sec. 36-70-27 as it relates to "limitation of funding for projects inconsistent with service delivery strategy".

(3) Eligible recipients must apply for the Signature Community Program grant in a format and manner prescribed by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible Recipients" submitted May 15, 2006.

Ga. Comp. R. & Regs. r. 110-27-1-.07 Grant Award Amounts and Matching Requirements

The maximum award for an individual Signature Community Program grant will be $50,000. The maximum amount for an application submitted jointly by two or more eligible recipients or by a consolidated local government will be $50,000. No matching funds are required for receipt of a Signature Community Program grant.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Award Amounts and Matching Requirements" submitted May 15, 2006.

Ga. Comp. R. & Regs. r. 110-27-1-.08 Review of Memorandum of Understanding

Eligible recipient's Memorandum of Understanding (MOU) will be reviewed by a grant review team to determine the merit of the MOU and whether such eligible recipient shall receive Signature Community Program grant funds. In determining whether an eligible recipient shall receive a grant award, the grant review team will consider the following factors:

(a) The reasonableness of the budget and proposed timetable, and consideration of factors such as permits, ordinances, inter-jurisdictional cooperation and other funding commitments (i.e., city, county, school, civic association, etc.).

(b) An assessment of the impact of the project on the eligible recipient and community, the described need and implementation plan or community strategy. Both positive and negative impacts will be assessed as well as short and long-term impacts.

(c) An assessment of the soundness of the strategy outlined in the MOU, including the degree of local commitment. In the case of joint applications, the extent to which all participating communities have committed resources to the project.

(d) Other information submitted by the eligible recipient and deemed relevant by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Review of Memorandum of Understanding" submitted May 15, 2006.

Ga. Comp. R. & Regs. r. 110-27-1-.09 Awarding of Grant Funds

(1) Upon selection by the Department to receive a Signature Community Program grant, the applicant will enter into a Memorandum of Understanding (MOU) with the Department specifying the terms and conditions for the receipt of grant funds. At the time such MOU is signed by the applicant and the Department, the Department will disburse grant funds to the applicant based on a predetermined payment schedule. Final payment of grant funds shall be contingent on the applicant fully satisfying the terms of the MOU.

(2) The Department may approve a grant subject to certain special conditions that will be incorporated in the grant award document. Applicants will have thirty days from the date of the award to accept the special conditions. If the applicant fails to accept the special conditions within the 30-day period, the grant award will be withdrawn by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Awarding of Grant Funds" submitted May 15, 2006.

Chapter 110-28 Away from Home Special Event Recycling Grant Program

Subject 110-28-1 Away from Home Special Event Recycling Grant Program

Ga. Comp. R. & Regs. r. 110-28-1-.01 Purpose

The purpose of the Away From Home/Special Event Recycling Grant Program is to provide eligible applicants supplies and equipment for the collection of recyclables at special events, conferences, public facilities, or community festivals and events. Pursuant to O.C.G.A. § 50-8-8, the Away From Home/Special Event Recycling Grant Program shall be administered by the Georgia Department of Community Affairs.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Purpose" submitted March 8, 2007.

Ga. Comp. R. & Regs. r. 110-28-1-.02 Definitions

(1) Commissioner means the Commissioner of the Georgia Department of Community Affairs.

(2) Department means the Georgia Department of Community Affairs.

(3) Eligible Applicant means any county, municipality, consolidated government, or solid waste authority.

(4) In-kind means any non-cash item(s) or labor donated to the program.

(5) Program means an Away From Home/Special Event Recycling Program designed to meet the objectives of O.C.G.A. § 12-8-21 by developing or promoting waste disposal reduction practices.

(6) Away From Home/Special Event Recycling Grant means a grant provided to an eligible applicant to incorporate recycling into their solid waste management waste disposal reduction strategy.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Definitions" submitted March 8, 2007.

Ga. Comp. R. & Regs. r. 110-28-1-.03 Grant Competitions

(1) When funding permits, the Department shall hold a competition to encourage eligible applicants to initiate a Program in their community. Notification for applications shall be determined annually by the Commissioner.

(2) Following an initial announcement and two week notification period, applications will be accepted and awarded based upon an applicant's demonstrated ability to implement the Program.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Competitions" submitted March 8, 2007.

Ga. Comp. R. & Regs. r. 110-28-1-.04 Fund Availability

Purchased equipment and supplies for Away From Home/Special Event Recycling grants will be allocated based upon available supplies and equipment during a competition period established by the Commissioner. The Department shall establish a master contract with a vendor or vendors to supply applicants with recycling containers, supplies, and hauling trailers. When a grant is awarded, the Department will authorize the delivery of the requested materials to the awarded applicants until funds under the master agreement have been exhausted.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Fund Availability" submitted March 8, 2007.

Ga. Comp. R. & Regs. r. 110-28-1-.05 Eligible and Ineligible Activities

(1) Eligible activities include, but are not limited to, establishing a recycling collection program that includes the use of specialized containers and trailers to collect recyclables at community events or functions, public facilities, and programs or events conducted by the applicant.

(2) Ineligible activities include, but are not limited to, the distribution or use of granted equipment and supplies that would violate the gratuities clause of the State Constitution.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible and Ineligible Activities" submitted March 8, 2007.

Ga. Comp. R. & Regs. r. 110-28-1-.06 Eligible Applicants

(1) An eligible applicant, as defined in 110-28-1.02(3), may apply for Away From Home/Special Event Recycling equipment and supplies. If more than one eligible applicant is party to the application then one of the eligible applicants must be designated as the lead agency responsible for administering the grant.

(2)

In order to be eligible to receive an Away From Home/Special Event Recycling equipment, an eligible applicant must demonstrate and be in compliance with the following:

(a) O.C.G.A. § 50-8-2(a)(18) as it relates to a "qualified local government"; and

(b) the requirements of O.C.G.A. § 36-81-8 ; and

(c) be eligible to receive solid waste grants, loans, and permits as outlined in the Comprehensive Solid Waste Management Act of 1990; and

(d) the requirements of O.C.G.A. § 36-70-27 ; and

(e) have submitted all required Government Management Indicator surveys required by the Department.

(f) have submitted an application for an Away From Home/Special Event Recycling grant in a format and manner prescribed by the Department. Grant applications may be obtained by writing the Department of Community Affairs at the following address: Department of Community Affairs ATTN: Away From Home/Special Event Recycling Program 60 Executive Park, South N.E. Atlanta, Georgia 30329-2231

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible Applicants" submitted March 8, 2007.

Ga. Comp. R. & Regs. r. 110-28-1-.07 Grant Award Amounts and Matching Amounts

The maximum equipment and supply award for an Away From Home/Special Event Recycling Equipment Grant will be based upon demonstrated need. Eligible applicants applying for a grant will be encouraged to match the grant through cash or in-kind services. Matching funds are not required to receive a grant.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Award Amounts and Matching Requirements" submitted March 8, 2007.

Ga. Comp. R. & Regs. r. 110-28-1-.08 Review of Grant Applications

Eligible applications received during a competition period will be reviewed by a grant review team to determine the merit of the application and whether the grant shall be awarded. In determining whether an applicant shall receive a grant award, the grant review team will consider the following factors:

(a) the demonstrated need of the project and its compatibility with a community's existing solid waste management program; and

(b) the inclusion and quality of an educational component including the use of partnerships with existing public education groups such as Keep America Beautiful Affiliates; and

(c) the reliable estimate of the volume of recyclable materials to be collected in the Program; and

(d) the reliable estimate of the number of individuals that will have access to recycling as a result of the Program; and

(e) the reliable estimate of the number of events were the equipment will be used; and

(f) other information submitted by the applicant and deemed relevant by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Review of Grant Applications" submitted March 8, 2007.

Ga. Comp. R. & Regs. r. 110-28-1-.09 Terminate

(1) Applications received on or before the first Friday of the month after the initial two week announcement period will be reviewed using the criteria outlined in 110-28-1-.08 on or before the third Friday of the month. When all available supplies and equipment have been awarded, the Commissioner shall announce the grant period closed as outlined in 110-28-1.10.

(2) Upon selection by the Department, eligible grant recipients shall enter into a contract with the Department specifying the terms and conditions for the receipt of grant supplies and equipment. Upon the execution of the contract, the Department will authorize the contract Vendor or Vendors to disburse the awarded supplies and equipment to the applicant.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Awarding of Grant Funds" submitted March 8, 2007.

Ga. Comp. R. & Regs. r. 110-28-1-.10 Termination

Funding for this grant program comes from the Solid Waste Trust Fund. This grant program will cease upon the distribution of the recycling supplies and equipment purchased with the awarded funds.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Termination" submitted March 8, 2007.

Chapter 110-29 Regional Recycling Transfer Processing Hub

Subject 110-29-1 Regional Recycling Transfer Processing Hub

Ga. Comp. R. & Regs. r. 110-29-1-.01 Purpose

The purpose of the Regional Recycling Transfer/Processing Hub Grant Program is to provide eligible applicants capital investment funding to support the collection, handling, minimal processing, and cost-effective transportation of recyclable materials that are collected commingled or in a "single stream" to a Material Processing Facility (MRF). The Program is designed to support an increase in waste disposal diversion in the state and is not meant to "replace" or duplicate existing cost-effective recycling programs. Pursuant to O.C.G.A. § 50-8-8, the Regional Recycling Transfer/Processing Hub Grant Program shall be administered by the Georgia Department of Community Affairs.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Purpose" submitted June 5, 2007.

Ga. Comp. R. & Regs. r. 110-29-1-.02 Definitions

(1) Commissioner means the Commissioner of the Georgia Department of Community Affairs.

(2) Department means the Georgia Department of Community Affairs.

(3) Eligible Applicant means any county, municipality, consolidated government, or solid waste or economic development authority.

(4) In-kind means any non-cash item(s) or labor donated to the program.

(5) Program means a Regional Recycling Transfer/Processing Hub Grant Program designed to meet the objectives of O.C.G.A. § 12-8-21 by developing or promoting waste disposal reduction practices.

(6) Regional Recycling Transfer/Processing Hub Grant means a grant provided to an eligible applicant to incorporate recycling into their solid waste management waste disposal reduction strategy.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Definitions" submitted June 5, 2007.

Ga. Comp. R. & Regs. r. 110-29-1-.03 Grant Competitions

(1) When funding permits, the Department shall hold a competition to encourage eligible applicants to initiate a Program in their community. The deadline for applications shall be determined annually by the Commissioner and posted on the Department's Web page.

(2) Applications must be postmarked by the due date established by the Commissioner.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Competitions" submitted June 5, 2007.

Ga. Comp. R. & Regs. r. 110-29-1-.04 Fund Availability

Funds made available to the Department for regional recycling transfer/processing hub grants will be allocated annually during the competition period established by the Commissioner.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Fund Availability" submitted June 5, 2007.

Ga. Comp. R. & Regs. r. 110-29-1-.05 Eligible and Ineligible Activities

(1) Eligible activities include, but are not limited to, establishing a co-mingled,"single stream" recycling collection and transfer program that may include the use of specialized collection containers, collection and hauling equipment, and construction of a storage or transfer building.

(2) Ineligible activities include, but are not limited to, the distribution or use of grant funds or purchased equipment that would violate the gratuities clause of the State Constitution.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible and Ineligible Activities" submitted June 5, 2007.

Ga. Comp. R. & Regs. r. 110-29-1-.06 Eligible Applicants

(1) An eligible applicant, as defined in 110-29-1.02(3), may apply for a Regional Recycling Transfer/Processing Hub Grant funds. If more than one eligible applicant is party to the application then one of the eligible applicants must be designated as the lead agency responsible for administering the grant if awarded.

(2)

In order to be eligible to receive a Regional Recycling Transfer/Processing Hub Grant funds, an eligible applicant must demonstrate and be in compliance with the following:

(a) O.C.G.A. § 50-8-2(a)(18) as it relates to a "qualified local government"; and

(b) the requirements of O.C.G.A. § 36-81-8 ; and

(c) be eligible to receive solid waste grants, loans, and permits as outlined in the Comprehensive Solid Waste Management Act of 1990; and

(d) the requirements of O.C.G.A. § 36-70-27 ; and

(e) have submitted all required Government Management Indicator surveys required by the Department.

(f) have submitted an application for a Regional Recycling Transfer/Process Hub grant in a format and manner prescribed by the Department. Grant applications may be obtained by writing the Department of Community Affairs at the following address: Department of Community Affairs ATTN: Regional Recycling Transfer/Processing Hub Grant 60 Executive Park, South N.E. Atlanta, Georgia 30329-2231

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible Applicants" submitted June 5, 2007.

Ga. Comp. R. & Regs. r. 110-29-1-.07 Grant Award Amounts and Matching Amounts

The maximum cash award for a Grant will be based upon demonstrated need. Eligible applicants applying for a grant will be required to match the grant through cash, loaned or donated equipment or similar resources, or in-kind personnel time or other similar services.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Award Amounts and Matching Requirements" submitted June 5, 2007.

Ga. Comp. R. & Regs. r. 110-29-1-.08 Review of Grant Applications

Eligible applications received during a competition period will be reviewed by a grant review team to determine the merit of the application and whether the grant shall be awarded. In determining whether an applicant shall receive a grant award, the grant review team will consider the following factors:

(a) the demonstrated need of the project and its compatibility with a community's existing solid waste management program; and

(b) the anticipated population served; and

(c) the anticipated increase in the amount of recycled material, by commodity, based upon the results of the State's 2004 Waste Characterization Study; and

(d) access to cost-effective transportation; and

(e) commitment to accept single stream recyclables from a 50 mile radius; and

(f) matching funds/resources, including resources leveraged from the private and/or non-profit sector if applicable; and

(g) ability to pre-process recyclable materials and access to local markets; and

(h) impact to the existing recycling infrastructure in the region; and

(i) ability to use or expand existing solid waste and/or recycling infrastructure; and

(j) documented efficiency of hauling, processing, handling equipment identified to concentrate recycling weights to minimize collection costs, and energy savings; and

(k) analysis of the range and type of recyclables to be accepted at the proposed Hub to minimize collection costs and maximize an increase in recyclable material recovery from Georgia landfills; and

(l) other information submitted by the applicant and deemed relevant by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Review of Grant Applications" submitted June 5, 2007.

Ga. Comp. R. & Regs. r. 110-29-1-.09 Awarding of Grant Funds

(1) Applications received on or before the deadline will be reviewed using the criteria outlined in 110-29-1-.08 . The Department may request additional information or clarification during their review of an application that was submitted on or before the published deadline.

(2) Upon selection by the Department, eligible grant recipients shall enter into a contract with the Department specifying the terms and conditions for the receipt of grant funding. Upon the execution of the contract, the Applicant will authorized to initiate the grant program and upon receipt of the required documentation be eligible for reimbursement of grant allowable expenditures on a quarterly basis.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Awarding of Grant Funds" submitted June 5, 2007.

Ga. Comp. R. & Regs. r. 110-29-1-.10 Termination

Funding for this grant program comes from the Solid Waste Trust Fund. This grant program will cease upon the distribution of the existing funds allocated to this program.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Termination" submitted June 5, 2007.

Chapter 110-30 Clean Community Challenge Litter Prevention Grant Program

Subject 110-30-1 Clean Community Challenge Litter Prevention Grant Program

Ga. Comp. R. & Regs. r. 110-30-1-.01 Purpose

The purpose of the Clean Community Challenge Litter Prevention Grant Program is to provide eligible city and county government applicants in the State of Georgia with funding to support their efforts in developing litter education, enforcement, and eradication/clean-up activities. Pursuant to O.C.G.A. § 50-8-8, the Clean Community Challenge Litter Prevention Grant Program shall be administered by the Georgia Department of Community Affairs.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Purpose" submitted June 3, 2008.

Ga. Comp. R. & Regs. r. 110-30-1-.02 Definitions

(1) Commissioner means the Commissioner of the Georgia Department of Community Affairs.

(2) Department means the Georgia Department of Community Affairs.

(3) Clean Community Challenge (CCC) program means an incentive based litter prevention program administered by the Department to encourage eligible local governments to assess, reduce, and prevent littering and illegal dumping in their community.

(4) Eligible Applicant means any county, municipality, or consolidated government that has registered and submitted the required signed documents to participate in the Clean Community Challenge program and has completed and submitted the results of a community Litter Index and Litter Attitude Survey.

(5) In-kind means any non-cash item(s) or labor donated to the program.

(6) Program means a Clean Community Challenge litter prevention program designed to meet the objectives of the Georgia Litter Control Law (O.C.G.A. § 16-7-40 et. seq.) by developing and promoting litter education, enforcement, and eradication practices.

(7) Clean Community Challenge Litter Prevention Grant means a grant provided to an eligible applicant to support local efforts in developing litter education, enforcement, and eradication/clean-up activities.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Definitions" submitted June 3, 2008.

Ga. Comp. R. & Regs. r. 110-30-1-.03 Grant Competitions

(1) When funding permits, the Department shall hold a grant competition and encourage eligible applicants to submit funding requests to support their local efforts to develop litter education, enforcement, and eradication/clean-up activities. Notification for applications shall be determined by the Commissioner.

(2) Following an initial announcement and a minimum of a two week notification period, applications will be accepted and competitively awarded based upon an applicant's demonstrated need for support to further enable them to continue their litter prevention efforts including but not limited to, the categories of litter education, enforcement, and eradication.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Competitions" submitted June 3, 2008.

Ga. Comp. R. & Regs. r. 110-30-1-.04 Fund Availability

The Clean Community Challenge Litter Prevention Grant is a reimbursable fund grant opportunity. Grants will be allocated based upon available funds during a competition period established by the Commissioner. The Department shall establish an award and reimbursement submission request template for local governments to receive the awarded funds.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Fund Availability" submitted June 3, 2008.

Ga. Comp. R. & Regs. r. 110-30-1-.05 Eligible and Ineligible Activities

(1) Eligible activities (purchases) include, but are not limited to: Digital cameras and Global Positioning Systems (GPS) units; Computer software for litter index tracking; Enforcement equipment and installation such as surveillance cameras; Educational materials, including, but not limited to, local paid print, radio, and television advertising; Litter clean-up tools, equipment, and supplies; GIS mapping of illegal dumping and chronic littered areas; and other innovative litter prevention assessment and education strategies.

(2) Ineligible activities include, but are not limited to, the distribution or use of granted equipment and supplies that would violate the gratuities clause of the State Constitution. Other ineligible purchases include: Administrative expenses such as overhead costs and office equipment; Employee salaries; Litter index studies (outsourced to conduct survey); Community Litter Attitude Survey (outsourced to conduct survey); and Vehicles.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible and Ineligible Activities" submitted June 3, 2008.

Ga. Comp. R. & Regs. r. 110-30-1-.06 Eligible Applicants

(1) An eligible applicant, as defined in 110-30-1.02(3), may apply for Clean Community Challenge Litter Prevention Grant funding. If more than one eligible applicant is party to the application then one of the eligible applicants must be designated as the lead agency responsible for administering the grant.

(2)

In order to be eligible to receive a Clean Community Challenge Litter Prevention Grant, an eligible applicant must demonstrate and be in compliance with the following:

(a) O.C.G.A. § 50-8-2(a)(18) as it relates to a "qualified local government"; and

(b) the requirements of O.C.G.A. § 36-81-8 ; and

(c) be eligible to receive solid waste grants, loans, and permits as outlined in the Comprehensive Solid Waste Management Act of 1990; and

(d) the requirements of O.C.G.A. § 36-70-27 ; and

(e) have submitted all required Government Management Indicator surveys required by the Department; and

(f) have registered and submitted the required signed documents as required for the Clean Community Challenge program; and

(g) the applicant is a Georgia county or municipality that has successfully completed the registration process for the Clean Community Challenge, and that has completed a community Litter Index and Litter Attitude Survey, and has submitted its results by the deadlines as required for the Clean Community Challenge program; and

(h) have submitted an application for a Clean Community Challenge Litter Prevention Grant in a format and manner prescribed by the Department. Grant applications may be obtained by writing the Department of Community Affairs at the following address: Department of Community Affairs ATTN: Clean Community Challenge Litter Prevention Grant

60 Executive Park, South N.E.

Atlanta, Georgia 30329-2231

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Eligible Applicants" submitted June 3, 2008.

Ga. Comp. R. & Regs. r. 110-30-1-.07 Grant Award Amounts and Matching Requirements

The maximum equipment and supply award for a Clean Community Challenge Litter Prevention Grant will be based upon demonstrated need and proposed program innovation. Eligible applicants applying for a grant will be encouraged to match the grant through donations and in-kind services. Matching funds are not required to receive a grant.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Grant Award Amounts and Matching Requirements" submitted June 3, 2008.

Ga. Comp. R. & Regs. r. 110-30-1-.08 Review of Grant Applications

Eligible applications received during a competition period will be reviewed by a grant review team to determine the merit of the application and whether the grant shall be awarded. In determining whether an applicant shall receive a grant award, the grant review team will consider the following factors:

(a) The applicant is an eligible Georgia county, municipality, or consolidated government;

(b) Applicant's demonstrated ability to meet program objectives;

(c) Anticipated population served through the "Litter. It Costs You" Clean Community Challenge program;

(d) Anticipated community volunteer service hours devoted through the local Clean Community Challenge program;

(e) Anticipated effect to decrease the amount of litter and littering (based on the required preliminary Litter Index);

(f) Anticipated increase in community awareness of litter prevention (based on the required preliminary Litter Awareness Survey);

(g) Partnership with a local private or non-profit organization resources including private and/or non-profit sector if applicable;

(h) the inclusion and quality of an educational component including the use of partnerships with existing public education groups such as Keep America Beautiful Affiliates; and

(i) other information submitted by the applicant and deemed relevant by the Department.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Review of Grant Applications" submitted June 3, 2008.

Ga. Comp. R. & Regs. r. 110-30-1-.09 Awarding of Grant Funds

Upon selection by the Department, eligible grant recipients shall enter into a contract with the Department specifying the terms and conditions for receipt of grant funding. Upon receipt of the required documentation be eligible for reimbursement of grant allowable expenditures.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Awarding of Grant Funds" submitted June 3, 2008.

Ga. Comp. R. & Regs. r. 110-30-1-.10 Termination

This grant program will cease upon termination of funding and the distribution of the existing funds allocated to this program.

History

• Authority: O.C.G.A. Sec. 50-8-8
• History. Original grant description entitled "Termination" submitted June 2, 2008.

Chapter 110-31 Georgia State Small Business Credit Initiative Loan Program Description

Ga. Comp. R. & Regs. r. 110-31-.01 Name

The name of this program is the Georgia State Small Business Credit Initiative. This program is divided into two sub-programs as follows: the Georgia Small Business Credit Guarantee and the Georgia Loan Participation Program.

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-8
• History. Rule entitled "Name" adopted. F. Feb. 9, 2012; eff. Feb. 29, 2012.
• Amended: F. Jul. 29, 2013; eff. Aug. 18, 2013.
• Amended: F. June 21, 2017; eff. June 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-31-.02 General Scope and Purpose

The Small Business Jobs Act of 2010 (Act), designed to help increase credit availability for small businesses, created the State Small Business Credit Initiative (SSBCI) and appropriated $1.5 billion to be used by the United States Department of the Treasury (U.S. Treasury) to provide direct support for states for use in assisting private lenders to increase access to credit for small businesses. Pursuant to the Act, Treasury initially allocated $47,808,507 to the State of Georgia for the initiative. Treasury allocated an additional $216,241 in December of 2016, bringing the total allocation to $48,024,748 for the State of Georgia.

On November 29, 2011, Treasury approved the State's application, which included proposals for the Georgia Capital Access Program, the Small Business Credit Guarantee, and the Georgia Funding for Community Development Financial Institutions. On June 6, 2013, Treasury approved a modification request to add a fourth sub-program to the Georgia State Small Business Credit Initiative, the Georgia Loan Participation Program. Consequently, the Georgia Department of Community Affairs (DCA) through the Georgia Housing and Finance Authority's (GHFA)[1] economic development powers planned to utilize its $47,808,507 in SSBCI funds (the Allocated Funds) in four state-administered SSBCI programs as originally approved by U.S. Treasury: the Georgia Capital Access Program (GCAP), to which $2 million was directed; the Georgia Small Business Credit Guarantee Program (SBCG), to which $17,808,507 was directed; the Georgia Funding for Community Development Financial Institutions, (GA Funding for CDFIs), to which $20 million was directed; and, the Georgia Loan Participation Program (GA LPP), to which $8 million was directed. The allocation amounts to the four programs were adjusted throughout the life of the program depending on usage, which were approved by Treasury.

Operation of the four programs under the Georgia State Small Business Credit Initiative was subject to the U.S. Treasury Guidelines for SSBCI, the Treasury-approved Georgia SSBCI application, and the SSBCI Allocation Agreement.

Upon termination of the Allocation Agreement with Treasury on March 31, 2017, Georgia will initially allocate the post-Treasury recycled SSBCI funds between two programs: the Georgia Small Business Credit Guarantee, to which $10.8 million will be directed, and the Georgia Loan Participation Program, to which $17.2 million will be directed. Actual amounts in the two programs will be reduced by administrative costs and losses incurred. The allocation amount between the two programs may be adjusted throughout the life of the program depending on usage if approved by DCA.

Under the SSBCI Program, credit facilities are extended to eligible small businesses in Georgia by lenders (banks, credit unions, CDFIs, and private lenders). Lenders will undergo a review process to ensure adequate commercial lending experience, financial and managerial capacity, and operational skills.

(1) Scope and Purpose of Small Business Credit Guarantee (SBCG) Program Under the SBCG Program, credit facilities are extended to eligible small businesses by lenders that have entered into a Lender Program Participation Agreement (PPA) with GHFA EDFI.[2] The PPA provides that qualifying lenders may enroll a qualified credit to an eligible small business in the credit guarantee program for eligible business purposes that meet the eligibility criteria described in 110-31-03. The State will reimburse from SSBCI funds 50% of losses incurred on an enrolled credit by a lender that is not in material default of the PPA. Guarantee funds will generally be available to lenders on a first-come, first-served basis. The State will charge an initial guarantee fee in an amount equal to 2% of the guarantee amount, along with an annual fee in an amount of 0.5% of the outstanding guarantee for each subsequent year. The fee structure may be modified in response to program sustainability or market conditions.

(2) Scope and Purpose of the Georgia Loan Participation (GA LPP) Program The Georgia Loan Participation Program is designed to increase lending to eligible small businesses by lenders to diversify their risk through shared exposure with the State. Lenders approved for participation in GA LPP will sign a Master Loan Participation Agreement with the Georgia Housing & Finance Authority Economic Development Financing, Inc. GA LPP will utilize SSBCI funds to purchase up to 25% of a loan originated by a participating lender to an eligible small business borrower. Underwriting is performed by the primary lender, then shared with the Department of Community Affairs (DCA) to streamline the approval process of the purchased participation. A written commitment letter is executed between the primary lender and GHFA EDFI; the lender closes the loan and sells the position to GHFA/DCA. The primary lender performs debt servicing and shares proportional debt payments with DCA. Interest rates, maturity, collateral and other loan terms are negotiated with the borrower and determined by the lender. GHFA/DCA will be in a subordinate lien position, and the primary lender will have first claim to all recoveries until its losses are covered. Primary lender has the unconditional right to repurchase the participation sold in the original loan to DCA at any time. 2GHFA Economic Development Financing, Inc. (GHFA EDFI) is a wholly owned subsidiary of GHFA dedicated to economic development.

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-8
• History. Rule entitled "General Scope and Purpose" adopted. F. Feb. 9, 2012; eff. Feb. 29, 2012.
• Amended: F. Jul. 29, 2013; eff. Aug. 18, 2013.
• Amended: F. June 21, 2017; eff. June 1, 2017, as specified by the Agency.
• [1] The Department of Community Affairs (DCA) was created as a department of the executive branch of state government. The Georgia Housing and Finance Authority is an instrumentality of the State of Georgia and a public corporation performing an essential governmental function. The GHFA is assigned to DCA, and all operations are performed by the personnel of DCA. DCA is required to make all funds it administers on behalf of GHFA to be made available for the use of GHFA. GHFA is listed as the Contracting Entity on the Georgia SSBCI Application.

Ga. Comp. R. & Regs. r. 110-31-.03 Eligible Applicants and Activities

Georgia requires that each lender obtain an assurance from each borrower stating that the loan proceeds will not be used for an impermissible purpose under the SSBCI Program.

Lenders are prohibited from refinancing any existing outstanding balance or previously made loan, line of credit, extension of credit or other debt owed by a small business borrower already on the books of the same lender (or an affiliate) into a SSBCI-supported program.

Each lender must obtain an assurance from the borrower affirming:

(1) The loan proceeds must be used for a "business purpose." A business purpose includes, but is not limited to, start-up costs, working capital, business procurement, franchise fees, equipment, inventory, as well as the purchase, construction, renovation or tenant improvements of an eligible place of business that is not for passive real estate investment purposes. The definition of business purpose excludes activities that relate to acquiring or holding passive investments such as commercial real estate ownership, the purchase of securities; and lobbying activities as defined in Section 3 (7) of the Lobbying Disclosure Act of 1995, P.L. 104-65 , as amended.

(2)

The loan proceeds will not be used to:

a. repay delinquent federal or state income taxes unless the borrower has a payment plan in place with the relevant taxing authority; or

b. repay taxes held in trust or escrow, e.g. payroll or sales taxes; or

c. reimburse funds owed to any owner, including any equity injection or injection of capital for the business' continuance; or

d. purchase any portion of the ownership interest of any owner of the business.

(3)

The borrower is not:

a. an executive officer, director, or principal shareholder of the financial institution lender; or

b. a member of the immediate family of an executive officer, director, or principal shareholder of the financial institution lenders; or

c. a related interest of such an executive officer, director, principal shareholder, or member of the immediate family.

d. For the purposes of these three borrower restrictions, the terms "executive officer","director","principal shareholder","immediate family", and "related interest" refer to the same relationship to a lender as the relationship described in part 215 of title 12 of the Code of Federal Regulations, or any successor to such part.

e.

The borrower is not:

1. a business engaged in speculative activities that develop profits from fluctuations in price rather than through normal course of trade, such as wildcatting for oil and dealing in commodities futures, unless those activities are incidental to the regular activities of the business and part of a legitimate risk management strategy to guard against price fluctuations related to the regular activities of the business; or

2. a business that earns more than half of its annual net revenue from lending activities; unless the business is a non-bank or non-bank holding company certified as a Community Development Financial Institution; or

3. a business engaged in pyramid sales, where a participant's primary incentive is based on the sales made by an ever-increasing number of participants; or

4. a business engaged in activities that are prohibited by federal or state law or applicable law in the jurisdiction where the business is located or conducted. (Included in these activities is the production, servicing, or distribution of otherwise legal products that are to be used in connection with an illegal activity, such as selling drug paraphernalia or operating a motel that knowingly permits illegal prostitution); or

5. a business engaged in gambling enterprises, unless the business earns less than 33% of its annual net revenue from state lottery sales.

(4) No principal of the borrowing entity has been convicted of a sex offense against a minor (as such terms are defined in section 111 of the Sex Offender Registration and Notification Act ( 42 U.S.C. 16911 ). For the purposes of this certification,"principal" is defined as "if a sole proprietorship, the proprietor; if a partnership, each managing partner and each partner who is a natural person and holds a 20% or more ownership interest in the partnership; and if a corporation, limited liability company, association or a development company, each director, each of the five most highly compensated executives or officers of the entity, and each natural person who is a direct or indirect holder of 20% or more of the ownership stock or stock equivalent of the entity."

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-8
• History. Rule entitled "Eligible Applicants and Activities" adopted. F. Feb. 9, 2012; eff. Feb. 29, 2012.
• Amended: F. Jul. 29, 2013; eff. Aug. 18, 2013.
• Amended: F. June 21, 2017; eff. June 1, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-31-.04 Terms and Conditions

The following are the general terms and conditions of the two programs for the Georgia State Small Business Credit Initiative.

(1)

Small Business Credit Guarantee (SBCG)

(a) A Lender Program Participation Agreement is executed between an approved participating lender and GHFA EDFI.

(b) The SBCG Program will provide a 50% loan guarantee on a lender's loan. Each loan covered under the SBCG Program will stand alone with a maximum guarantee of 50%.

(c) Underwriting is performed by the primary lender and shared with DCA to streamline the approval process.

(d) Lenders will pay a processing fee as determined by DCA for all loans submitted for enrollment.

(e) Borrowers will pay an initial fee equal to 2% of the guarantee amount for loan funds advanced, along with an annual fee of 0.5% of the outstanding guarantee balance for each subsequent year. For all loans, the fee will be paid at the time of the loan closing and the beginning of each calendar year.

(f) The maximum individual loan amount eligible for the SBCG guarantee is $1,000,000.

(g) Lender Concentration Limit - The maximum guarantees that may be set aside at any time with respect to a single lender will generally be $5,000,000.

(h) The maximum term for SBCG guarantee on lines of credit will generally be 24 months.

(i) The maximum term for SBCG guarantee on amortizing loans will generally be 60 months.

(j) The SBCG is a deficiency guarantee; lenders must first liquidate collateral before claiming the guarantee.

(k) SBCG will target businesses with an average borrower size of 500 employees or less, but credit cannot be extended to businesses with more than 750 employees.

(2)

GA LPP

(a) A Master Loan Participation Agreement is executed between an approved participating lender and GHFA EDFI.

(b) The approved participating lender originates the loan, and Georgia through GA LPP may purchase up to 25% of the loan.

(c) Underwriting is performed by the primary lender and shared with DCA to streamline the approval process of the purchased participation.

(d) A written commitment letter is executed between the primary lender and GHFA EDFI.

(e) The lender closes the loan and sells the position to DCA.

(f) The lender keeps all its standard fees.

(g) Loan servicing is performed by the primary lender, which shares proportional debt payments with DCA.

(h) DCA will be in a subordinate lien position, and the primary lender will have first claim to all recoveries until its losses are covered.

(i) Rates, fees, and terms are determined by the primary lender. However, a nominal processing fee may be charged on applications submitted to use the GA LPP.

(j) DCA may provide a lower interest rate than the primary lender for a limited period of time in order to improve the borrower's debt coverage ratio.

(k) The primary lender has the unconditional right to repurchase the participation sold in the original loan to GHFA EDFI at any time.

(l) GA LPP will target businesses with an average borrower size of 500 employees or less, but credit cannot be extended to businesses with more than 750 employees. Average projected loan size is between $100,000 and $5,000,000. All loans over $250,000 are subject to additional review and approval by GHFA EDFI. Maximum participation purchased is $1,250,000.

(3)

Terms and Conditions applicable to all Georgia SSBCI Programs

(a)

The State must obtain an assurance from the lender affirming:

i. The loan has not been made in order to place under the approved State SSBCI Program a prior debt that is not already covered under the approved SSBCI Program and that is or was owed by the borrower to the lender or to an affiliate of the lender.

ii. The loan is not a refinancing of a loan previously made to that borrower by the lender or an affiliate of the lender.

iii. The financial institution lender will make available to the State of Georgia all books and records related to the use of SSBCI funds, subject to the Right to Financial Privacy Act ( 12 U.S.C. § 3401 et. seq.), including detailed loan records, as applicable.

iv. The financial institution lender is in compliance with the requirements of 31 C.F.R. § 103.121 related to verification of the identity of persons opening accounts.

(b) Monthly and Quarterly Reporting Requirements: All lenders in the Georgia SSBCI program are required to submit monthly and quarterly reports to DCA. Details on the deadlines and format of these reports are available from DCA directly.

(c) Lender Approval Criteria: Each lender seeking participation in the State of Georgia's SSBCI programs will undergo a thorough review process by the State to ensure that the lender has the adequate commercial lending experience, financial and managerial capacity, and operational skills. Regulated financial institutions must meet certain criteria established by their regulators to maintain their charters. DCA will continue to work closely with the Georgia Department of Banking and Finance on the selection process for participating financial institutions including banks and credit unions. Principal evaluation factors of lenders will include capital adequacy, asset quality, management, earnings, liquidity and sensitivity to market risk.

(d) Georgia's SSBCI programs may not enroll the unguaranteed portions of SBA-guaranteed loans. This prohibition also applies to the unguaranteed portion of other federally generated loans.

(e) Underserved Markets. Georgia's SSBCI Programs will strive to reach underserved markets (including women- and minority-owned businesses as well as small businesses in low- and moderate-income communities, in minority communities, and in other underserved communities through program outreach.) SBCG is anticipated to serve primarily smaller banks and credit unions. GA LPP is expected to increase access to capital to small businesses in all markets by enabling lenders to diversify their risk by sharing exposure with the State.

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-8
• History. Rule entitled "Terms and Conditions" adopted. F. Feb. 9, 2012; eff. Feb. 29, 2012.
• Amended: F. Jul. 29, 2013; eff. Aug. 18, 2013.
• Amended: F. June 21, 2017; eff. June 1, 2017, as specified by the Agency.

Chapter 110-32 Georgia Tourism Development Act Program

Subject 110-32-1 Georgia Tourism Development Act Program

Ga. Comp. R. & Regs. r. 110-32-1-.01 Enabling Status, Authority and Purpose

(1)

The enabling statute for this regulation is Title 48 Chapter 8 Article 6 otherwise known as the Georgia Tourism Development Act. Within this regulation, the reference may also be incorporated as "the Act".

a) The legislative purpose contained in O.C.G.A § 48-8-272 includes the inducement of the creation of tourism attractions or expansion of existing tourism attractions within this state in order to advance the public purposes of relieving unemployment by preserving and creating jobs that would not exist if not for the sales and use tax refund offered by the State of Georgia to approved companies. In addition to the economic development purposes, the preservation and creation of sources of tax revenues for the support of public services provided by the state is also described as a purpose of the Article.

(2) Authority for Regulations -- Official Code of Georgia Annotated, Sections 48-8-273 and 48-8-274 as amended through HB 318 of the 2013-2014 Regular Session.

(3)

Purpose for Regulations

a) Pursuant to O.C.G.A. § 48-8-274 , the Department of Community Affairs (DCA) will establish regulations for the application process including the provision of standards for the filing of tourism attraction project applications; the explanation of the conditions of eligibility; the methodology to be used in the analysis and rating of project applications; and the criteria to be used in making recommendations to the Commissioner of the Department of Economic Development and the Commissioner of the Department of Community Affairs, and the standards to be used in the administration of agreements for approved projects as authorized by O.C.G.A. § 48-8-275 .

b) Pursuant to O.C.G.A § 48-8-273(e) , The Department of Revenue (DOR) will establish regulations for the filing and administration of sales and use tax refunds.

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-5, 48-8-270, 48-8-272
• History. Original Rule entitled "Enabling Statute, Authority and Purpose" adopted. F. Oct. 7, 2013; eff. Oct. 27, 2013.

Ga. Comp. R. & Regs. r. 110-32-1-.02 Definitions

(1) "Agreement" is defined in O.C.G.A § 48-8-271(1) as an agreement between the Department of Community Affairs and an approved company pursuant to Code Section § 48-8-275 . Any Agreement is for content only. Such Agreement does not constitute approval of all items within the application or project plan. Any sales and use tax refunds authorized by an Agreement are subject to the review and recommendation for approval or ineligibility by the DOR.

(2) "Annual Sales and Use Tax" is defined at O.C.G.A § 48-8-271(2) as state and local sales and use taxes generated by sales to the general public at the approved tourism attraction during the calendar year immediately preceding the date of filing the sales and use tax refund claim. The Sales and Use Tax definitions within Chapter 8 of Title 48 of the Official Code of Georgia Annotated along with applicable regulations promulgated by the Department of Revenue may be used to assist decisions.

(3) "Applicant" means the entity (including, without limitation, any public development authority) that has submitted an application to undertake a tourism attraction project and become the Approved Company pursuant to O.C.G.A § 48-8-271(3) .

(4) "Complete Application" means a complete written proposal and site plan in a format prescribed by the Department where the Application and Processing Fee has been paid, where the application contains approved local government resolutions, public hearing notices and minutes, all required information, data, criteria and other documentation as described in section 110-32-1-.03 of this regulation. A Complete Application does not include the Independent Consultants Report which shall be provided by the Applicant through an Independent Consultant retained by the Department.

(5) "Approved Tourism Attraction" is defined at O.C.G.A § 48-8-271(5) as a tourism attraction approved by the Commissioner of the Department of Economic Development and Commissioner of the Department of Community Affairs pursuant to O.C.G.A § 48-8-274 and has since opened to the public and become operational as a tourism attraction.

(6) "Approved Company" is defined at O.C.G.A § 48-8-271(3) as any Applicant that is approved, pursuant to O.C.G.A § 48-8-274 , by the Commissioner of the Department of Economic Development and Commissioner of the Department of Community Affairs. For each Approved Tourism Attraction Project, there may be only one Approved Company. In addition, this definition shall be used for purposes of implementing O.C.G.A § 48-8-273(f) related to the restriction on an Approved Company's simultaneous receipt of the Sales and Use Tax refund under the Act while receiving other State Tax Incentives as outlined in section 110-32-1-.02(15) of this regulation.

(7)

"Approved Costs" is defined at O.C.G.A §

48-8-271(4)

as :

a)

For new tourism attractions:

i obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a new tourism attraction project;

ii the costs of acquiring real property or rights in real property and any costs incidental thereto;

iii all costs for construction materials and equipment installed at the new tourism attraction project;

iv the cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a new tourism attraction project which is not paid by the vendor, supplier, deliveryman, or contractor or otherwise provided;

v all costs of architectural and engineering services, including but not limited to estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a new tourism attraction project;

vi all costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a new tourism attraction project;

vii all costs required for the installation of utilities, including but not limited to water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company; and

viii all other costs which the Department of Community Affairs determines are comparable with those described in this subsection; or

b) For existing tourism attractions, any approved costs otherwise specified in subsection (a) of this section; provided, however, that such costs are limited to the expansion only of an existing tourism attraction and not the renovation of an existing tourism attraction.

(8) (Reserved)

(9) "Expansion and not the Renovation of an Existing Tourism Attraction" - This restriction at O.C.G.A § 48-8-271(4)(B) and 6 means that Approved Costs may not include costs attributable to general maintenance, rehabilitation or repair of an existing Tourism Attraction. For an existing Tourism Attraction, Approved Costs attributable for additional equipment, facilities, or real estate to an existing Tourism Attraction for the purpose of increasing its size, scope, or visitor capacity will be considered allowable Expansions.

(10) "Incremental Sales and Use Tax" is defined at O.C.G.A § 48-8-271(7) as state and local sales and use taxes generated by sales to the general public at the approved tourism attraction from the date on which construction of the expansion project is completed through the end of the calendar year immediately preceding the date of filing the incremental sales and use tax claim, less the state and local sales and use taxes that were generated by sales to the general public at the approved tourism attraction during the 12 month period immediately preceding the commencement of construction of the expansion project.

(11) "Incremental Sales and Use Tax Refund" is defined at O.C.G.A § 48-8-271(8) as the amount equal to the lesser of the incremental sales and use tax or 2.5 percent of the total of all approved costs incurred at any time prior to January 1 of the year during which the claim for the incremental sales and use tax is filed. To the extent that local sales and use tax increments are to be included in the project, their inclusion must be legally specified in approved local government resolution(s) that includes language specifying the intended uses align with any authorizing referendum.

(12) "Local Sales and Use Tax" is defined at O.C.G.A § 48-8-271(9) as any sales and use tax, excluding the sales tax for educational purposes levied pursuant to Part 2 of Article 3 of Chapter 8 and Article VIII, Section VI, Paragraph IV of the Constitution, that is levied and imposed in an area consisting of less than the entire state, however authorized. To the extent that local sales and use tax increments are to be included in the project, their inclusion must be legally specified in approved local government resolution(s) that includes language specifying the intended uses align with any authorizing referendum.

(13) "Independent Consultant" means a legal entity or agent that pursuant to O.C.G.A § 48-8-274 , works with DCA to provide through a written report, advice, recommendations and analyses of an Applicant's proposal for a proposed Tourism Attraction. To insure independence, the Department's agreement with any consultant may include language that prohibits the consultant from implementing any recommendations in a follow-on contract with the Applicant. Independent Consultants may include without limitation, non-profit corporations and entities attached to Research Universities that provide market research and fiscal impact services.

(14)

"Independent Consultants Report" or "Report" means a written analysis specified in §

48-8-274(c)

. In addition to a general report regarding the Applicant's proposal, the report shall include specific analyses on those items specified within O.C.G.A §

48-8-274(d)

to include:

a) a fiscal impact analysis to estimate net new state and local tax impacts of the proposed attraction;

b) an economic impact analysis to estimate new job creation and new income to both the state and the local jurisdiction resulting from the proposed development;

c) estimates on the extent to which the proposed project will compete directly with existing tourism attractions and/or affect existing employment within the state;

d) whether the proposed project will produce sufficient revenues and public demand to operate and be open to the public for a minimum of 100 days per year, including the first year of operation;

e) an analysis of the volume and composition of likely tourists and whether the completed project, for each year following its third year of operation, will attract a minimum of 25 percent of its visitors from nonresidents of this state; and

f) an analysis of any other item or information deemed appropriate by the Department or authorized agent of the State.

(15) "State Tax Incentive" means any tax credit allowed under Chapter 7 of Title 48 and any state sales tax exemption allowed under Chapter 8, Article 1 of Title 48.

(16)

"Tourism Attraction" means:

a) a cultural or historical site;

b) a recreation or entertainment facility;

c) a convention hotel and conference center;

d) an automobile race track with other tourism amenities;

e) a golf course facility with other tourism amenities;

f) marinas and water parks with lodging and restaurant facilities designed to attract tourists to the State of Georgia; or

g) a Georgia crafts and products center.

(17)

"Non-Qualifying Attraction" pursuant to O.C.G.A §

48-8-271(12)

means facilities that are primarily devoted to the retail sale of goods, shopping centers, restaurants, or movie theaters;

a When determining the definition of "primarily" within O.C.G.A § 48-8-271(12) , the DCA will consider the geographic area of the Tourism Attraction Project. Should the geographic area of the uses of these non-qualifying attractions exceed 50% of the area as determined by DCA, the facilities will be considered a Non-Qualifying Attraction. For purposes of these calculations, parking facilities will generally be prorated according to the proposed uses of the official site plan.

b Tourism Attractions with less than 25% of their customers from out of state for each year following the third year of operation will be considered a Non-Qualifying Attraction.

(18)

"Tourism Attraction Project" or "Project" as defined at O.C.G.A §

48-8-271(13)

includes:

a the real estate acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of 30 years as authorized by the Act;

b the construction, and equipping of a Tourism Attraction as authorized by the Act;

c as authorized by the Act, the construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a Tourism Attraction, including but not limited to surveys; installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company.

d as required by the Act, the term "Project" shall not include the renovation of an existing Tourism Attraction.

(19) "Sales and Use Tax Refund" as defined at O.C.G.A § 48-8-271(11) means the amount equal to the lesser of the annual sales and use tax or 2.5 percent of the total of all approved costs incurred at any time prior to January 1 of the year during which the claim for the sales and use tax refund is filed.

(20) (Reserved)

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-5, 48-8-270, 48-8-271
• History. Original Rule entitled "Definitions" adopted. F. Oct. 7, 2013; eff. Oct. 27, 2013.
• Amended: F. Oct. 23, 2017; eff. Feb. 8, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-32-1-.03 Application Process

(1) Eligible Applicants include those entities listed at section 110-32-1-.02(3) which are undertaking an eligible Project as described in section 110-32-1-.02(19) that will have Approved Costs in excess of $1 million which result an eligible Tourism Attraction as described in section 110-32-1-.02(7) of these regulations.

(2) Pre-Application Assistance - Should a potential applicant and/or local government wish to have a potential project assessed for general eligibility prior to paying the application fee, consultant fee, and submitting the formal application, the potential applicant may submit a pre-application for a preliminary assessment letter.

(3) Application Submission -- Applicants must first submit their application to the governing authority of the city or county in which the Tourism Attraction will be located, as specified in O.C.G.A. section 48-8-273(h) . Following a local public hearing to obtain public comments, upon approval of the Tourism Attraction and Project by resolution of the proper local government, the Applicant must submit the application and three copies with three maps to the Department, with supporting documentation and the approval or endorsement resolution from the local government as appropriate, in a format prescribed by the Department. Applications may be submitted in writing to the Department at: Georgia Department of Community Affairs Attn: Georgia Tourism Development Act Projects Community Development & Financial Assistance Division 60 Executive Park South, NE Atlanta, Georgia 30329-2231 or via the web at www.dca.ga.gov.

(4) Application Fee -- A nonrefundable application and processing fee of one-half of one percent (0.50%) of the proposed cumulative annual total sales tax rebate amount or $10,000, whichever is less is required with each application. Applicants should include payment for such amount, made out to the Georgia Department of Community Affairs, with its application.

(5) Application Format - The initial form of the "Application" which may be revised from time to time by the Department may be inspected, copied or obtained at the Department of Community Affairs, 60 Executive Park South, NE, Atlanta, GA 30329; (404) 679-4940 or downloaded from the Department's website at www.dca.ga.gov.

(6)

Application Review - The Department's review shall consist of an examination and analysis of the following information to include, but not be limited to:

a) Applicant name, address, phone number, website address and e-mail address, contact person and federal employer tax identification number;

b) Ownership, form of organization of Applicant, resumes for principals of the applicant and evidence that Applicant is legally in good standing to do business in Georgia;

c) Attorney for applicant, including address, phone number and e-mail address;

d) Accountant for applicant, including address, phone number and e-mail address;

e)

Approval and endorsement resolution(s) from the proper local government as appropriate;

i. For local governments that propose the use of LOST or SPLOST revenues, there must be specific language in a resolution committing those resources along with language specifying that the intended uses align with any authorizing referendum for the LOST or SPLOST.

f) A description and location of the Tourism Attraction Project, including evidence of compliance with zoning and land use development regulations;

g) A copy of the local public hearing notice and minutes from the hearing(s);

h) An easily legible site plan or map that contains a title and legend that clearly identifies the Project along with the local government's name, date of map preparation, scale shown graphically, name and contact information of the Applicant, and all facilities and buildings contained or proposed within the Tourism Attraction's legal boundaries.

i) Marketing plans for the tourism attraction project, including details regarding the plans to target individuals who are not residents of this state. The marketing plans should also include an affirmation agreeing to cooperate with the Independent Consultant's analysis of the market and supply all requested data.

j) Certified Cost Estimate and/or Construction Contract(s) with specifications for the Tourism Attraction Project, including address, phone number and e-mail address, and contact person;

k) Total number of permanent jobs projected to be created, including anticipated wages to be paid, (i) upon completion of the tourism attraction project, (ii) within two (2) years after completion of the tourism attraction project and (iii) within five (5) years after completion of the tourism attraction project;

l) Business plans which indicate (i) months of the year and (ii) the average number of days in a year in which the tourism attraction project will be in operation and open to the public;

m) Five (5) year attendance projections for the Tourism Attraction Project, including projected visitors from nonresidents of this state;

n) For expansion of existing tourism attractions, five (5) year history of attendance at tourism attraction project, including estimated visitors from nonresidents of this state;

o)

The anticipated revenues to be generated by the tourism attraction project, including

(i) ten (10) year estimated state and local sales tax generated by sales to the general public at the approved tourism attractionand

(ii) ten (10) year estimated additional revenue the tourism attraction project will generate to the local community;

p) Estimated state and local sales tax generated by sales to the general public during the first three (3) fiscal years after commencement of operations of the tourism attraction project;

q) For expansion of existing tourism attractions, (i) state and local sales tax collected for the past three (3) fiscal years and (ii) federal and state income tax liability of the Applicant for the past three (3) fiscal years.

r) For all proposed projects, the applicant must include a description and documentation to assist the state in its analysis related to section 110-32-1-.02(9) of this regulation. For all proposed costs, the applicant must segment and explain the specific costs as either "Expansion Costs" or "Renovation Costs".

s) Documentation that all required sources of capital and funding for the undertaking are available; and

t) Any other information requested by the DCA, GDEcD, GDOR or the Independent Consultant, or an authorized agent of the state.

(7) Retention of Independent Consultant - Upon the Department's approval of a pre-application or other determination that the Applicant is eligible and where the proposed Tourism Attraction and Project meet the Statue's basic threshold requirements, the Department may acknowledge the Applicant's submission of its Application to the Independent Consultant to produce a Report to assist the Department in developing its recommendations. In accordance with O.C.G.A. § 48-8-274(c) , payment of the consultant is the responsibility of the Applicant. The Independent Consultant payment is nonrefundable.

(8) Independent Consultants Review, Opinion and Report - following the submission of the Application to its Independent Consultant, the Consultant shall provide the Department an opinion on the proposed Tourist Attraction or Project's compliance pursuant to the criteria outlined in 110-32-1-.02(14) this regulation.

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-5, 48-8-270, 48-8-274
• History. Original Rule entitled "Application Process" adopted. F. Oct. 7, 2013; eff. Oct. 27, 2013.

Ga. Comp. R. & Regs. r. 110-32-1-.04 Recommendations to Commissioners

(1)

Upon receipt of a Consultant's Report, the staff of DCA shall combine the Department's analyses of the Application with the opinions conveyed in the Consultant's Report to prepare a Preliminary Recommendation for the Commissioner of GDEcD's and Commissioner of DCA's consideration. The Preliminary Recommendation shall give DCA's staff's opinions regarding:

a) The Project's and Attraction's compliance with the individual statutory requirements;

b) The Applicant's capacity to undertake the Project considering whether financing has been obtained; in addition, the Department will consider the Applicant's operating history, financial standing and market success for similar Projects and Attractions.

c) Contributions to a significant and positive economic impact on the state considering, among other factors, the extent to which the Tourism Attraction Project will compete directly with tourism attractions in this state;

d) The amount by which state and local tax revenues will increase and the amount by which increased state and local tax revenues from the tourism attraction project will exceed the refund to be given to the approved company;

e) The production of sufficient revenues and public demand to be operating and open to the public for a minimum of 100 days per year, including the first year of operation;

f) Adverse affects to existing employment in the state;

g) For each year following the third year of operation, whether the Attraction will attract a Minimum of 25 percent of its visitors from nonresidents of this state; and

h) Any other issues the Commissioners request to be included in the Department's analysis and report.

(2) The staff's preliminary recommendation to the Commissioners shall include either a recommendation to approve or deny the Application.

History

• Authority: O.C.G.A. Secs. 50-8-3, 50-8-5, 48-8-270, 48-8-274
• History. Original Rule entitled "Recommendations to Commissioners" adopted. F. Oct. 7, 2013; eff. Oct. 27, 2013.

Ga. Comp. R. & Regs. r. 110-32-1-.05 Final Approval

(1) As indicated in the Act, both Commissioners must approve an application in order to obtain final approval. The Commissioners may, at their discretion, grant approval to a tourism attraction project if the project shall satisfy the criteria for approval as outlined in the authorizing statute and this regulation; and

(2) The decision reached by the Commissioners shall be final and no appeal shall be granted.

History

• Authority: O.C.G.A. 50-8-3, 50-8-5, 48-8-270
• History. Original Rule entitled "Final Approval" adopted. F. Oct. 7, 2013; eff. Oct. 27, 2013.

Ga. Comp. R. & Regs. r. 110-32-1-.06 Approval Agreement

(1)

Terms of Agreement -- Following approval, the Department of Community Affairs shall enter into an agreement with any approved company which may also include as a partner any public development authority, and the terms and provisions of each agreement shall include, but not be limited to:

a) The projected amount of approved costs, provided that any increase in approved costs incurred by the approved company and agreed to by the Department of Community Affairs shall apply to subsequent tax filings and refunds;

b) A date certain by which the approved company shall have completed the tourism attraction project and begun operations. Upon request from time to time from any approved company that has received final approval, the Department of Community Affairs shall grant an extension or change, which in no event shall exceed in the aggregate 18 months from the date of approval, to the completion date as specified in the agreement with an approved company; and

c) A statement specifying the term of the agreement in accordance with subsection (c) of O.C.G.A. § 48-8-273 .

(2) Failure to Abide by Terms of Agreement -- In the event an approved company fails to abide by the terms of the agreement, then such agreement shall be void and all sales and use tax proceeds which were refunded shall become immediately due and payable back to the state and to the governing authority of any county or municipality that would otherwise have received the sales and use tax had it not been refunded under the Act.

(3) Transfer of Rights -- An approved company may, in the discretion of the Commissioners or specifically authorized official, transfer its rights, duties, and obligations under the agreement to a successor company if the successor company meets the qualifications of an approved company and, upon such approval by the Commissioners or specifically authorized official, such successor approved company shall be authorized to receive the sales and use tax refunds for the remaining duration of the agreement if it abides by the terms of the agreement. No Transfer of Rights shall be effective unless expressly authorized in writing, and signed by, the Governor or specifically authorized official.

History

• Authority: O.C.G.A. 50-8-3, 50-8-5, 48-8-270, 48-8-275, 48-8-276, 48-8-277
• History. Original Rule entitled "Approval Agreement" adopted. F. Oct. 7, 2013; eff. Oct. 27, 2013.

Chapter 110-34 Rural Zone Program

Subject 110-34-1 Rural Zones

Ga. Comp. R. & Regs. r. 110-34-1-.01 Purpose

The purpose of the Rural Act is to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated to provide tax credit incentives to promote the revitalization of vacant rural Georgia downtowns by encouraging investment, job creation, and economic growth in long-established business districts by the designation of "Rural Zones".

History

• Authority: O.C.G.A. § 48-7-40.32
• History. Original Rule entitled "Purpose" adopted. F. August 23, 2017; eff. September 12, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-34-1-.02 Definitions

(1)

'Certified entity'

means any eligible business which establishes a new location within a Rural Zone on or after January 1, 2018, or any existing eligible business located within a Rural Zone that expands its operations on or after January 1, 2018, and which:

(a) Creates at least two new full-time equivalent jobs in a taxable year; and

(b) Has been certified by the Commissioner of Community Affairs as eligible to receive the Rural Zone tax credit based on established criteria in O.C.G.A. § 48-7-40.32 and promulgated in these regulations by the Commissioner of Community Affairs.

(c) A "certified entity" may also be considered a "certified investor" if the eligible business purchases a property or incurs qualified rehabilitation expenditures while renovating a property within the Rural Zone.

(2)

'Certified investor'

means an investor or investors who have been certified by the Commissioner of Community Affairs as eligible to receive the Rural Zone tax credit based on criteria established in O.C.G.A. §

48-7-40.32

and promulgated in regulations by the Commissioner of Community Affairs. Such certification shall be attached to the income tax return when the credit is claimed, and who

(a) For purposes of the Rural Zone Investment Tax Credit, acquire and develop real estate within a designated Rural Zone; or

(b) For purposes of the Rural Zone Rehabilitation Tax Credit, either acquire or lease (for a period of at least 3 years) real estate within a designated Rural Zone for the purpose of rehabilitating the property.

(c) A "certified investor" may also be considered a "certified entity" in cases in which the investor establishes an eligible business within the investment property and creates at least two new full-time equivalent jobs in a taxable year.

(d) A "certified investor" may qualify for the Rural Zone tax credits if the investor acquires or rehabilitates property within the Rural Zone even in such cases as when the required jobs are created by a separate "certified entity."

(3) 'Eligible business' means any establishment that is primarily engaged in providing professional services or in retailing merchandise and rendering services incidental to the sale of merchandise, including but not limited to the North American Industry Classification System Codes 31, 44-45, 54, and 72. Any establishment primarily engaged in activity not specifically referenced in the aforementioned NAICS code sections may seek a determination from the Commissioner of Community Affairs to ensure it will be deemed an eligible entity.

(4) 'Full-time equivalent' means an aggregate of employee hours worked totaling 40 hours per week, the equivalent of one full-time job, provided the work is performed by at least two people.

(5) 'Local government' means a county, municipality, or consolidated local government created pursuant to Article IX, Sections I, II, or III of the Georgia Constitution; applicable general state statutes; a local Act of the General Assembly; or such other method as was valid at the time of its creation.

(6) 'Maintained Job' means any new full-time equivalent job continued for all or part of the consecutive four-year period after its creation.

(7)

'Qualified rehabilitation expenditure'

means labor and material costs associated with the rehabilitation of a certified investor property which:

(a) Complies with the state minimum standard codes and any applicable local codes; and

(b) Has been certified by the Commissioner for the Department Community Affairs as eligible to receive the Rural Zone tax credit based on established criteria in O.C.G.A. § 48-7-40.32 and promulgated in regulations by the Commissioner for the Department of Community Affairs. Such certification shall be attached to the income tax return when the credit is claimed.

(8) 'Rural zone' means the same as a revitalization zone as specified in O.C.G.A. § 48-7-40.32 and means a specified geographic region that meets all criteria provided by this Code section and has been designated by the Commissioner of Community Affairs and the Commissioner of Economic Development to be in need of economic revitalization. There is no minimum or maximum size to the Rural Zone, but it shall meet all of the requirements set forth in O.C.G.A. § 48-7-40.32 .

(9) ' Rural Zone Job Tax Credit' means a tax credit equal to $2,000 per new full-time equivalent job created within a designated Rural Zone. To be eligible, a certified entity must create at least 2 new full-time equivalent jobs.

(10) ' Rural Zone Investment Tax Credit' means a tax credit equal to 25 percent of the purchase price of a property located within a designated Rural Zone, not to exceed $125,000. An eligible business must be located within the investment property and maintain a minimum of two-full time equivalent jobs for each year the tax credit is claimed.

(11) ' Rural Zone Rehabilitation Tax Credit' means a tax credit equal to 30 percent of the qualified rehabilitation expenditures, not to exceed $150,000, spent on a property located within a designated Rural Zone. An eligible business must be located within the investment property and maintain a minimum of two-full time equivalent jobs for each year the tax credit is claimed.

(12) 'To Generate/Trigger Credits' means to meet all requirements in law and regulation for the Rural Zone tax credits allowed under Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, except for maintenance of full-time equivalent jobs in all or part of the subsequent four years after their creation.

(13) 'Year One' means that tax year in which sufficient new full-time equivalent jobs are created that, meeting the requirements of these regulations, entitle an eligible business to claim Rural Zone tax credits in years one through five after the creation of the full-time equivalent jobs.

(14) 'Years One Through Five' means the consecutive five-year period in which Rural Zone tax credits may be allowed for the new full-time equivalent jobs created in year one as well as the subsequent four years in which additional new full-time equivalent jobs may be created that may also qualify for Rural Zone tax credits.

History

• Authority: O.C.G.A. § 48-7-40.32
• History. Original Rule entitled "Definitions" adopted. F. August 23, 2017; eff. September 12, 2017, as specified by the Agency.
• Amended: F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.
• Amended: F. Nov. 23, 2020; eff. Dec. 13, 2020.

Ga. Comp. R. & Regs. r. 110-34-1-.03 Eligible Applicants

(1) Eligible applicants under this program are municipalities, counties or consolidated governments with a population of 15,000 or less. The population estimates shall be based on the most recent U.S. Census Bureau's American Community Survey population estimates. Once approved, communities will maintain the designation for the full term even if a new American Community Survey is conducted that reflects the population of the previously approved community above 15,000.

(2) All applicant communities must meet the criteria outlined in 110-xx-1-.02(4) and be in compliance with the state requirements regarding comprehensive planning and reporting, Service Delivery Strategy, Government Management Indicators (GOMI), and the Report of Local Government Finances.

(3) If the applicant is not the municipality in which the program will take place, the application must include a resolution of support and commitment of cooperation from the applicable local government.

History

• Authority: O.C.G.A. § 48-7-40.32
• History. Original Rule entitled "Eligible Applicants" adopted. F. August 23, 2017; eff. September 12, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-34-1-.04 Threshold Criteria for Boundaries and Designations

(1) Eligible applicants must have an existing historic commercial area.

(2) The boundaries of the proposed Rural Zone should take into consideration the economic distress criteria and should be contiguous parcels.

(3) The Commissioners for the Department of Community Affairs and the Department of Economic Development are authorized to designate a specified area as a Rural Zone, enabling new and established businesses and new business investments in the zone to qualify for Rural Zone tax credits.

(4) The Commissioners for the Department of Community Affairs and the Department of Economic Development may designate up to ten Rural Zones in any given year; provided, however, there shall not be more than 50 Rural Zones in existence at the same time. This designation shall last for five consecutive years upon approval of the Commissioners.

History

• Authority: O.C.G.A. § 48-7-40.32
• History. Original Rule entitled "Threshold Criteria for Boundaries and Designations" adopted. F. August 23, 2017; eff. September 12, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-34-1-.05 Application for Designation

(1) Eligible applicants must apply for Rural Zone designation under this program in a format and manner prescribed by the Department of Community Affairs. Applications may be submitted in writing to the Department at: Georgia Department of Community Affairs Rural Zone Program Community Development & Finance Division 60 Executive Park South, NE Atlanta, Georgia 30329-2231

(2)

To be eligible to apply for such designation, local governments must meet all of the following criteria:

(a) Have a population of less than 15,000 based upon the most recently published U.S. Census Bureau's American Community Survey's most recent population estimates;

(b) Proof of economic distress based on poverty rate, vacancy of the downtown area, or blight;

(c) Possess a concentration of historic commercial structures at least 50 years old within the targeted area;

(d) Submit a feasibility study or market analysis identifying the business activities which can be supported in the targeted area; and

(e) Develop a master plan or strategic plan designed to assist private and public investment.

(3) Local commitment - Eligible applicants demonstrating strong local commitment to the redevelopment of downtown may make a compelling case for designation. Such local commitment may include, but not be limited to, partnerships and initiatives with local banks or other financial institutions, development authorities or through locally developed plans.

(4)

The Department of Community Affairs will develop application guidelines and instructions. Applications will include but not be limited to the following:

(a) A cover letter to the Commissioner of Community Affairs and the Commissioner of Economic Development requesting designation must be prepared and signed by an authorized representative of the local government applying for the Rural Zone designation. If the applicant is not the municipality in which the program will take place, concurrence must be received from the applicable local government.

(b)

Economic Distress

1. Documentation submitted with the request must prove economic distress based on poverty rate, blight or vacancy in the downtown area.

(c)

Maps

Digital GIS files detailing the proposed Rural Zone (i.e. shapefiles or geodatabase feature classes with prj). Applicant may submit maps via CD or Internet file transfer program provided by DCA. Digital maps should include individual boundary polygons as listed below:

(i) Parcel file (just the parcels in the proposed Rural Zone) that includes parcel ID number;

(ii) Boundary file for the proposed Rural Zone; and

(iii) Identification of historic structures (fifty years or greater), vacant parcels and blighted parcels.

(d) Feasibility Study/Market Analysis - A feasibility study or market analysis of the downtown area and businesses which can be supported in the target area is required. This analysis shall evaluate the existing mix of businesses and industries within the community/proposed Rural Zone and determine what businesses/industries have a strong likelihood of succeeding within the proposed zone.

(e) Strategic Plan/Master Plan - Submission of a plan is required to help the community guide public and private investment is required. This plan shall conform with the requirements set forth in the application by the Department of Community Affairs.

History

• Authority: O.C.GA § 50-8-2
• History. Original Rule entitled "Application for Designation" adopted. F. August 23, 2017; eff. September 12, 2017, as specified by the Agency.

Ga. Comp. R. & Regs. r. 110-34-1-.06 Rural Zone Tax Credits

(1) For eligible certified entities and certified investors within a currently designated Rural Zone, tax credits may be earned in accordance with O.C.G.A. § 48-7-40.32 and accompanying regulations. Nothing in this regulation shall be construed as authorization for certified entities or certified investors to claim multiple job tax credits for the same jobs or to claim multiple investment or rehabilitation credits for the same investment or rehabilitation expenses.

(2)

Before claiming the Rural Zone tax credit, a certified entity or certified investor must apply for a certification in a format prescribed by the Department of Community Affairs that the business location where jobs are being created or the investment has been made, including the rehabilitation credit, is located within a currently designated Rural Zone.

(a) The certification application must contain the address and parcel number;

(b) The certification application must verify the baseline number of jobs prior to the eligibility for the credit, as well as employment during the year for which credits are being claimed.

(c) The certified entity or certified investor must file the certification with the local government's contact person for the Rural Zone. The local jurisdiction must then certify that the certified entity or certified investor location is within the Rural Zone, and that the applicant meets all local ordinances and licensing standards.

(d) The certification must then be forwarded to the Department of Community Affairs for acknowledgment.

(e) Once certified and acknowledged, a copy will be provided to the applicant entity or investor, the local jurisdiction and the Department of Revenue.

(3)

Certified entities shall receive the Rural Zone tax credit for five years beginning with the first taxable year in which new full-time equivalent jobs are created within a designated zone and for years two, three, four, and five of the taxable years immediately following, provided the new full-time equivalent jobs are maintained for each year the tax credit is claimed.

(a) Each new full-time equivalent job created will be eligible for a $2,000.00 annual income tax credit. The amount of credit claimed by each certified entity shall not exceed $40,000.00 per taxable year.

(b) The number of new full-time equivalent jobs shall be determined by comparing the monthly average of full-time equivalent jobs subject to Georgia income tax withholding for a given taxable year with the corresponding period of the prior taxable year; provided, however, a certified entity which begins operations during the taxable year may be certified by the Commissioner for the Department of Community Affairs to base initial eligibility on a period of less than 12 months.

(c) This income tax credit shall not be allowed during a year if the net employment increase falls below the number required by subparagraph 110-34-1-.02(1)(a) of these regulations.

(d) Any credit generated and utilized in years prior to the year in which the net employment increase falls below the number required by subparagraph 110-34-1-.02(1)(a) of these regulations shall not be affected.

(4)

Certified investors who acquire and develop property in a Rural Zone on or after January 1, 2018, shall receive the Rural Zone tax credit, subject to the following:

(a)

Certified investors shall demonstrate a property's ongoing commercial benefit as follows:

1. An eligible business is located in the investment property and creates a minimum of two full-time equivalent jobs and maintains employment levels equal to or greater than such levels for each year the tax credit is claimed; or

2. An eligible business is located in the investment property and qualifies to receive the tax credit pursuant to subsection (c) of O.C.G.A. § 48-7-40.32 ; or

(b) The amount of the tax credit per project shall be 25 percent of the purchase price and shall not exceed $125,000.00; provided, however, that the entire credit shall not be taken in the year in which the property is placed in commercial service but shall be prorated equally in three installments over three taxable years, beginning with the taxable year in which the property is placed in service; and

(c)

A certified investor shall be allowed to preserve the Rural Zone tax credit for up to seven years from the date of initial eligibility in the event the commercial requirement in paragraph 1 of this subsection is not satisfied in consecutive years.

A certified investor or certified entity with qualified rehabilitation expenditures on or after January 1, 2018, shall receive the Rural Zone tax credit for three years beginning with the year the property is placed in service.

(i) The amount of the tax credit per project shall be 30 percent of the qualified rehabilitation expenditures and shall not exceed $150,000.00; provided, however, the entire credit shall not be taken in the first year, but shall be prorated equally in three installments over three taxable years, beginning with the taxable year in which the property is placed in service.

(ii) The business shall create a minimum of two full-time equivalent jobs and maintains employment levels equal to or greater than such levels for each year the tax credit is claimed.

(iii) A certified investor or certified entity shall meet certain historic preservation standards in order to be qualified to receive the Rural Zone tax credit. The standards shall be identified with the assistance of the Department of Natural Resources' Historic Preservation Division and placed on the agency's website by the Department of Community Affairs.

(iv) A taxpayer who is entitled to and takes credits provided by O.C.G.A. § 48-7-40.32 for a project shall not be allowed to utilize the same qualified rehabilitation expenditures to generate any additional state income tax credits, including, but not limited to, the state income tax credit for rehabilitated historic property administered by the Department of Natural Resources' Historic Preservation Division.

(v) For projects utilizing credits under O.C.G.A. § 48-7-40.32 , direct jobs for which credits are received shall not be eligible toward qualifying for any other job-related state tax credits provided under the Official Code of Georgia (including but not limited to OZ, Georgia Jobs Tax Credit, Military Zone, Less Developed Census Tract, etc.).

(vi) As a general rule, the teardown of facilities within a Rural Zone will not be permitted to claim rehabilitation credits. However, in rare cases, exceptional circumstances may warrant credits being earned at the discretion of the Commissioner of Community Affairs.

2. In no event shall the amount of the tax credits allowed by O.C.G.A. § 48-7-40.32 for a taxable year exceed a certified entity's or certified investor's state income tax liability. Any credit claimed under O.C.G.A. § 48-7-40.32 by a certified entity or certified investor but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the credit is claimed. No such credit shall be allowed by the taxpayer against prior years' tax liability.

3. Any tax credits earned under O.C.G.A. § 48-7-40.32 are nontransferable.

History

• Authority: O.C.G.A. § 48-7-40.32
• History. Original Rule entitled "Rural Zone Tax Credits" adopted. F. August 23, 2017; eff. September 12, 2017, as specified by the Agency.
• Amended: F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.
• Amended: F. Nov. 23, 2020; eff. Dec. 13, 2020.
• Amended: F. Oct. 16, 2024; eff. Nov. 5, 2024.

Ga. Comp. R. & Regs. r. 110-34-1-.07 Annual Requirements

(1)

On an annual basis on or by January 31

st

and in a format to be provided by the Department of Community Affairs, the local government shall report on the Rural Zone's activity for the most recent year:

(a) A narrative description of steps the local government has taken to facilitate business development within the Rural Zone within the prior year.

(b) Private activities that have spurred revitalization efforts within the zone.

(c) Other information as required by the Department of Community Affairs.

(2) Certified entities and certified investors shall report to the Department of Revenue annually on forms and at times as directed by the agency.

(3) The Commissioners for the Department of Revenue and the Department of Community Affairs shall have the authority to require reports and promulgate regulations as needed in order to perform their duties under O.C.G.A. § 48-7-40.32 .

(4) A local government's failure to provide annual reports to the Department of Community Affairs shall result in the local government being ineligible for any funding administered by the Department of Community Affairs until such time that the jurisdiction is current with the filing of all Rural Zone's annual reports.

(5) During the period of designation, each local government with a designated Rural Zone shall participate in annual training by the Department of Community Affairs to assist in the revitalization within the community. This training may be in the form of in-person meetings, webinars, or other methods implemented by the department. Failure to participate in annual trainings shall result in the local government being ineligible for any funding administered by the department until such time that the jurisdiction completes required training. O.C.G.A. § 48-7-40.32 shall stand automatically repealed and reserved on December 31, 2032.

History

• Authority: O.C.G.A. § 48-7-40.32
• History. Original Rule entitled "Annual Requirements" adopted. F. August 23, 2017; eff. September 12, 2017, as specified by the Agency.
• Amended: F. Oct. 16, 2024; eff. Nov. 5, 2024.

Chapter 110-35 Georgia Agribusiness and Rural Jobs Act Program

Subject 110-35-1 Georgia Agribusiness and Rural Jobs Act

Ga. Comp. R. & Regs. r. 110-35-1-.01 Purpose

The purpose of the Georgia Agribusiness and Rural Jobs Act is to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to establish an eligible business investment that may allow certain entities to earn credit against the entity's state tax liability and to establish procedures necessary to complement the tax credit process.

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Purpose" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Ga. Comp. R. & Regs. r. 110-35-1-.02 Definitions

(1) 'Affiliate' means an entity that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with another entity. For the purposes of this Code section, an entity is 'controlled by' another entity if the controlling entity holds, directly or indirectly, the majority voting or ownership interest in the controlled entity or has control over the day-to-day operations of the controlled entity by contract or by law.

(2) 'Allocatee' means a taxpayer who claims the tax credits on its Georgia tax return.

(3) 'Applicable percentage' means 0 percent for the first two credit allowance dates and 15 percent for the next four credit allowance dates.

(4)

'Capital investment'

means any equity investment in a rural fund by a rural investor that:

(a) Is acquired after the effective date of this Code section at itsOriginal issuance solely in exchange for cash;

(b) Has 100 percent of its cash purchase price used by the rural fund to make qualified investments in eligible businesses located in this state by the second anniversary of the initial credit allowance date; and

(c) Is designated by the rural fund as a capital investment under this Code section and is certified by the Department. This term shall include any capital investment that does not meet the provisions of Rule 110-35-1-.05 if such investment was a capital investment in the hands of a prior holder.

(5) 'Capital investment authority' means the amount of capital investment approved by the Department for the rural fund.

(6) 'Certification' means approval by the Department of the rural fund's application for capital investment authority.

(7) 'Certification date' means the date the Department approves the rural fund's application for capital investment authority.

(8) 'Closing date' means the date the Department validates the rural fund's receipt of capital investment.

(9) 'Credit allowance date' means the date on which a capital investment is made and each of the five anniversary dates of such date thereafter.

(10) 'Days' means calendar days.

(11) 'Department' means the Georgia Department of Community Affairs.

(12)

'Eligible business'

means a business that, at the time of the initial qualified investment in the company:

(a) Has less than 250 employees;

(b) Has its principal business operations in one or more rural areas in this state; and

(c) Produces or provides any goods or services produced in Georgia normally used by farmers, ranchers, or producers and harvesters of aquatic products in their business operations, or to improve the welfare or livelihood of such persons, or is involved in the processing and marketing of agricultural products, farm supplies, and input suppliers, or is engaged in agribusiness as defined by the Department, or is engaged in manufacturing, health care, technology, transportation, or related services, or if not engaged in such industries, the Department determines that such investment will be beneficial to the rural area and the economic growth of the state. Any business which is classified as an eligible business at the time of the initial qualified investment in said business by a rural fund shall remain classified as an eligible business and may receive follow-on investments from any rural fund, and such follow-on investments shall be qualified investments even though such business may not meet the definition of an eligible business at the time of such follow-on investments.

(13)

'Eligible distribution'

means:

(a) A distribution of cash to one or more equity owners of a rural investor to fully or partially offset a projected increase in the owner's federal or state tax liability, including any penalties and interest, related to the owner's ownership, management, or operation of the rural investor;

(b) A distribution of cash as payment of interest and principal on the debt of the rural investor or rural fund; and

(c) A distribution of cash related to the reasonable costs and expenses of forming, syndicating, managing, and operating the rural investor or the rural fund, or a return of equity to affiliates of a rural investor or rural fund. Such distributions may include reasonable and necessary fees paid for professional services, including legal and accounting services, related to the formation and operation of the rural fund and an annual management fee that shall not exceed 2 percent of the rural fund's capital investment authority.

(14) 'Financial institution' means an independent company engaged in the business of dealing with monetary transactions.

(15) 'Jobs' means jobs created or jobs retained, as defined below.

(16) 'Jobs, created' means any created jobs, requiring a minimum of 35 hours worked each week, directly attributable to initial qualified investment in an eligible business by a rural fund, but does not include any transferred job or replacement job. Jobs created may be counted from the time of the initial qualified investment until the rural fund's petition to exit the program. Part-time jobs may be aggregated to establish full-time equivalents. Full-time equivalents shall be calculated by utilizing the weekly average worked by part-time employees and aggregated to determine the number of full-time equivalent jobs working at least 35 hours per week.

(17) 'Jobs, retained' means jobs, requiring a minimum of 35 hours worked each week, in Georgia that existed prior to the qualified investment and would otherwise have been eliminated within 180 days of the date of the qualified investment into the business without such injection by a rural fund, but does not include any new job or replacement job. Part-time jobs may be aggregated to establish full-time job equivalents. Full-time equivalents shall be calculated by utilizing the weekly average worked by part-time employees and aggregated to determine the number of full-time equivalent jobs working at least 35 hours per week.

(18) 'Principal business operations' means the location where at least 60 percent of a business's employees work or where employees who are paid at least 60 percent of such business's payroll work. A business that has agreed to relocate employees using the proceeds of a qualified investment to establish its principal business operations in a new location shall be deemed to have its principal business operations in such new location if it satisfies these requirements no later than 180 days after receiving a qualified investment.

(19) 'Purchase price' means the amount paid to the rural fund that issues a capital investment which shall not exceed the amount of capital investment authority certified by the Department.

(20) 'Qualified investment' means any investment in an eligible business or any loan to an eligible business. Revolving lines of credit and senior secured debt may be eligible when the eligible business has a credit refusal letter or similar correspondence from a depository institution or a referral letter or similar correspondence from a depository institution referring the business to a rural fund. With respect to any one eligible business, the maximum amount of investments made in such business by one or more rural funds, on a collective basis with all of the businesses' affiliates, with the proceeds of capital investments shall be the greater of 20 percent of the rural fund's capital investment authority or $6.5 million, exclusive of investments made with repaid or redeemed investments or interest or profits realized thereon. The minimum term on any extension of credit shall be at least one year after the date of issuance.

(21) 'Rural area' means any county, or county equivalent, that has a population of less than 50,000 according to the latest decennial census of the United States.

(22) 'Rural fund' means an entity certified by the Department.

(23) 'Rural investor' means an entity that makes a capital investment in a rural fund.

(24) 'Senior secured debt' means debt that has the benefit of a 1 st lien security interest or mortgage on assets of an eligible business and takes priority over other junior obligations owed by the business.

(25) 'State tax liability' means any liability incurred by any entity under Code Sections 33-3-26 and 33-8-4 or Code Sections 48-7-21 and 48-7-27 , or, if such taxes are eliminated or reduced, the term shall also mean any tax liability imposed on an entity or other person that had tax liability under the laws of this state.

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Definitions" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Ga. Comp. R. & Regs. r. 110-35-1-.03 Eligible Applicants

(1) Eligible applicants under this program are rural funds or affiliates with a proven track record of making investments together with their affiliates of at least $100 million in nonpublic companies located in rural areas within the United States.

(2) Rural funds or their affiliates must possess either a license as a rural business investment company under 7 U.S.C. Section 2009cc or as a small business investment company under 15 U.S.C. Section 681 at the time of application. An executive officer of the applicant shall attest that such license remains in effect and has not been revoked.

(3) Applicants must have the capacity to receive the certified capital investment authority from rural investors within 60 days of the certification date from the Department and carry out qualified investments within rural areas of this state.

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Eligible Applicants" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Ga. Comp. R. & Regs. r. 110-35-1-.04 Application Process

(1) All applications shall be received on forms promulgated by the Department, with all attachments and supporting documentation required in order to be deemed complete.

(2) Applications shall contain all elements required for statutory compliance, as well as any other elements required by the Department.

(3) The Department will begin accepting applications on April 2, 2018. Prospective applicants may submit applications to the Department in advance of that date; however, any submission received in advance of the date will be deemed as having arrived on the date in which applications will first be accepted. Applications will be deemed received when a paper-copy of the application is received by the Department. Applications received after 5:00 pm (Eastern) will be deemed to be received on the following business day.

(4) Eligible applicants under the Georgia Agribusiness and Rural Jobs Act must apply in a format and manner prescribed by the Department. Applications must be submitted in paper-copy format to the Department at: Georgia Department of Community Affairs Georgia Agribusiness and Rural Jobs Act Program Community Development & Finance Division 60 Executive Park South, NE Atlanta, Georgia 30329-2231

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Application Process" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Ga. Comp. R. & Regs. r. 110-35-1-.05 Certification of the Rural Fund

(1) Upon receipt of an application for certification of a rural fund, the Department shall review the application for completeness and compliance with required elements.

(2)

Failure to provide any of the following elements within the application will result in the application being deemed incomplete:

(a) The amount of capital investment authority requested;

(b) A copy of the applicant or affiliate's license as a rural business investment company under 7 U.S.C. Section 2009cc or as a small business investment company under 15 U.S.C. Section 681 and a certificate executed by an executive officer of the applicant attesting that such license remains in effect and has not been revoked;

(c) A comprehensive list of any and all affiliates of the applicant pertinent to a rural fund's satisfaction of subsection (b) and (d);

(d) Evidence, as required by the application, that the applicant or its affiliates have invested at least $100 million in nonpublic companies located in rural areas within the United States;

(e) An estimate of the number of jobs that will be created in the state as a result of the applicant's qualified investments;

(f) An estimate of the number of jobs that will be retained in the state as a result of the applicant's qualified investments;

(g) A business plan that includes a revenue impact assessment prepared by a nationally recognized, third-party, independent economic forecasting firm using a dynamic input-output forecasting model that analyzes the applicant's business plan over the ten years following the date the application is submitted to the Department. This business plan must demonstrate a positive economic impact on the state of Georgia over this period;

(h) Acknowledgement that only qualified investments made within the 118 eligible rural counties shall be eligible qualified investments under the program;

(i) A nonrefundable application fee of $5,000 payable to the Department; and

(j) Any other information required by the Department in the application.

(3) Within 30 days after receipt of a completed application, the Department shall grant or deny the application in full or in part.

(4) The Department will certify capital investments in the order the applications were received or deemed received by the Department. Applications received on the same day shall be deemed to have been received simultaneously.

(5) Should the total amount requested by rural funds certifiable by the Department exceed the maximum allowable certification, the Department shall certify applications in proportionate percentages based upon the ratio of the amount of capital investments requested in an application to the total amount of capital investments requested in all applications. The Department shall certify up to $100 million in capital investments pursuant to this Code section.

(6) The Department shall provide written notice of the certification to the rural fund within 30 days of receipt of a completed application. Such written notice shall be provided in electronic and paper formats.

(7)

Applications shall be denied if:

(a) The applicant fails to satisfy all statutory requirements;

(b) The applicant fails to demonstrate that the applicant's business plan will result in a positive economic impact on the state of Georgia over a ten-year period that exceeds the cumulative amount of tax credits that would be issued to the applicant if the application were approved; or

(c) The Department has already approved the maximum amount of capital investment authority of $100 million.

(8) Within 15 days of receipt of an application that will be denied, the Department shall inform the applicant of the grounds for denial. This notification shall be delivered in electronic format.

(9) Applicants of denied applications shall have 15 days following the notice of denial to provide additional information requested by the Department or otherwise complete the application. Applicants successfully providing required information within the 15-day period shall be deemed complete as of the original date of submission. Applicants failing to provide the information or failing to complete the application within the 15-day period will remain denied and must be resubmitted in full with a new submission date.

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Certification of the Rural Fund" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Ga. Comp. R. & Regs. r. 110-35-1-.06 Certification of Capital Investment

(1) Within 60 days of the applicant receiving notification of certification, the rural fund shall issue the capital investment to and receive cash in the amount of the certified amount from the rural investor(s). Such transactions shall be received into a depository account that is segregated from other accounts of the applicant and specifically designated for capital investments received in connection with the Georgia Agribusiness and Rural Jobs Act Program at a financial institution of the applicant's choosing.

(2) At least 50 percent of the rural investor's capital investment shall be composed of capital raised by the rural investor from sources, including directors, members, employees, officers, and affiliates of the rural investor, other than the amount of capital invested by the allocatees claiming the tax credits in exchange for such allocation of tax credits.

(3) Within 65 days of receiving notice of certification, the applicant shall provide the Department with evidence of the receipt of the cash investment. Such investment shall be documented with bank statements or financial institution documentation acceptable to the Department, as well as through verification by an officer of the rural fund on a form promulgated by the Department. Failure to transmit complete documentation shall result in a lapsed certification.

(4) The rural fund must notify the Department which taxpayers will ultimately claim the tax credit within 65 days of the applicant receiving notice of certification.

(5) The rural fund shall provide evidence that the capital invested by the allocatees of tax credits is no more than 50 percent of the rural investor's capital investment. Any report filed pursuant to Section 110-35-1-.10(4) notifying the Department of a change in the utilization of tax credits shall include information with respect to capital provided to the rural investor, if any, by such new allocatee sufficient to enable this calculation to be completed with respect to such new allocatee.

(6) Any rural fund which does not receive the cash investment and issue the capital investment within such time-period following receipt of the certification notice, the certification shall lapse and the rural fund shall not issue the capital investment without reapplying to the Department for certification.

(7) Lapsed certifications revert to the Department and shall be reissued pro rata to applicants whose capital investment allocations were reduced and then in accordance with the application process.

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Certification of Capital Investment" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Ga. Comp. R. & Regs. r. 110-35-1-.07 Qualified Investments & Eligible Businesses

(1) Qualified investments include loans or equity investments that meet the threshold requirements set forth as qualified investments.

(2) The Department shall produce a list, available to rural funds and placed on the Department's website, identifying business classifications that shall be considered eligible businesses. The NAICS code of the business entity in which a qualified investment is proposed to be made shall be used to determine the eligibility of such businesses under the Georgia Agribusiness and Rural Jobs Act program.

(3) The rural fund may make a request of the Department, on a case-by-case basis, to determine eligibility of a business and whether the business is engaged in agribusiness. The Department shall permit or deny eligibility within 20 days of receiving the request for consideration on forms promulgated by the Department. If the rural fund has not received notification from the Department of its determination within 20 days of receiving the request for consideration, the business in which the rural fund proposes to invest shall be considered an eligible business.

(4) All qualified investments shall be documented by the rural fund by completion of a certification form as promulgated by the Department, that includes all transactional documents, and verification of the investment of said funds through bank statements or other financial institution documents.

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Qualified Investments & Eligible Businesses" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Ga. Comp. R. & Regs. r. 110-35-1-.08 Recaptured Credits

(1)

The Department may recapture, from an allocatee, the credit allowed under O.C.G.A. §

33-1-25

if:

(a) The rural fund does not invest 100 percent of its capital investment authority in qualified investments in the state of Georgia within two years of the closing date, with at least 10 percent of its capital investment authority initially invested in eligible businesses engaged in agribusiness as defined by the Department and at least 10 percent of such investment in agribusiness shall be equity investments;

(b) The rural fund, after satisfying the agribusiness and equity investment requirements above, fails to maintain qualified investments equal to 100 percent of its capital investment authority until the fifth anniversary of the credit allowance date. Qualified investments are considered maintained if the qualified investment was sold or repaid if the rural fund reinvests an amount equal to the capital returned or recovered by the rural fund from the original investment, exclusive of any profits realized, in other qualified investments in the state of Georgia within 12 months of the receipt of such capital. Amounts received periodically by a rural fund shall be treated as continually invested in qualified investments if the amounts are reinvested in one or more qualified investments by the end of the following calendar year. A rural fund is not required to reinvest capital returned from qualified investments after the fourth anniversary of the credit allowance date, and such qualified investments shall be considered held continuously by the rural fund through the fifth anniversary of the credit allowance date;

(c)

Should the rural fund fail to meet the conditions of sections (a) and (b) until the fifth anniversary of the credit allowance date, the Department shall recapture credits based upon the following schedule:

(i) If the rural fund fails to invest, or fails to maintain said qualified investments at a percentage of at least 90 percent, all credits will be subject to recapture.

(ii) If the rural fund fails to invest, or fails to maintain said qualified investments at a percentage above 90 percent, but below 100 percent, the percentage subject to recapture will be equal to the amount by which the rural fund failed to achieve 100 percent investment.

(d) The rural fund, before exiting the program in accordance with Section 110-35-1-.11 , makes a distribution or payment that results in the rural fund having less than 100 percent of its capital investment authority invested in qualified investments in this state or available for investment in qualified investments and held in cash and other marketable securities; or

(e) The rural fund makes an investment in a business that directly or indirectly owns or has the right to acquire an ownership interest in a rural fund or member or affiliate of a rural fund, including, but not limited to, a holder of a capital investment issued by the rural fund; or loan to or invest in a rural fund or member or affiliate of a rural fund, including, but not limited to, a holder of a capital investment issued by a rural fund, where the proceeds of such loan or investment are directly or indirectly used to fund or refinance the purchase of a capital investment under O.C.G.A. § 33-1-25 .

(2)

Enforcement of the recapture provisions of subsections (a), (b), (c), and (d) of Section 1 herein shall be subject to a six-month cure period. No recapture shall occur until the rural fund has received notice of noncompliance and has been afforded six months from the date of receipt of such notice to cure the noncompliance.

(a) In the event that losses occur due to an eligible business' inability to meet their investment obligation, the rural fund shall satisfy the 100% investment requirements by reinvesting any capital that is recovered, exclusive of any profits realized. Investment amounts not recovered will not have to be reinvested to satisfy the 100% investment requirements.

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Recaptured Credits" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Ga. Comp. R. & Regs. r. 110-35-1-.09 Reporting requirements

(1)

Rural funds shall submit a report to the Department within the first 15 business days after the second anniversary of the initial credit allowance date. This report shall include documentation as to the investment of 100 percent of the investments made under the Georgia Agribusiness and Rural Jobs Act. Such report shall include:

(a) The county of each eligible business receiving a qualified investment;

(b) Bank statements of such rural fund evidencing each qualified investment;

(c) Certification form promulgated by the Department verifying receipt of each qualified investment by the eligible recipient business;

(d) If requested of the Department, a copy of the written opinion of the Department that such business was an eligible business at the time of such qualified investment, or evidence that the Department failed to respond to a request for eligibility within 20 days of such request (as evidenced by a signed certification of the fund manager of such request and the Department's failure to respond), as applicable;

(e) The number of jobs created as a result of each qualified investment;

(f) The number of jobs retained as a result of each qualified investment;

(g) The average annual salary of jobs created as a result of each qualified investment;

(h) The average annual salary of jobs retained as a result of each qualified investment;

(i) The median salary of jobs created as a result of each qualified investment;

(j) The median salary of jobs retained as a result of each qualified investment;

(k) The salary range of jobs created as a result of each qualified investment;

(l) The salary range of jobs retained as a result of each qualified investment;

(m) Documentation of all distributions during the rural fund's first two years related to the reasonable costs and expenses of forming, syndicating, managing, and operating the rural investor or the rural fund. Such distributions may include reasonable and necessary fees paid for professional services, including legal and accounting services, related to the formation and operation of the rural fund and an annual management fee that shall not exceed 2 percent of the rural fund's qualified capital investment authority; and

(n) Any additional information requested by the Department.

(2)

Thereafter, rural funds shall submit an annual report to the Department within 45 days of the beginning of each calendar year during the compliance period. The report shall include, but is not limited to:

(a) All elements contained in the rural fund's initial report;

(b) Documentation of all subsequent investments made by the rural fund; and

(c) Documentation of all distributions related to the formation, oversight, and management of the rural fund.

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Reporting requirements" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Ga. Comp. R. & Regs. r. 110-35-1-.10 Claiming Credits

(1)

Upon making a capital investment in a rural fund, a rural investor earns a vested right to a credit against such entity's Georgia state tax liability that may be utilized on each credit allowance date of such capital investment in an amount equal to the applicable percentage for such credit allowance date multiplied by the purchase price paid to the rural fund for the capital investment. The applicable percentages that may be claimed are:

(a) Credit Allowance Date #1 - 0%;

(b) Credit Allowance Date #2 - 0%;

(c) Credit Allowance Date #3 - 15%;

(d) Credit Allowance Date #4 - 15%;

(e) Credit Allowance Date #5 - 15%;

(f) Credit Allowance Date #6 - 15%; and

(g) No subsequent credits apply.

(2) The amount of the credit claimed by an allocatee shall not exceed the amount of such entity's Georgia state tax liability for the tax year for which the credit is claimed. Any amount of credit that an allocatee is prohibited from claiming in a taxable year as a result of this Code section may be carried forward for use in any subsequent taxable year.

(3) No allocatee claiming a credit under any applicable code section is required to pay any additional tax that may arise as a result of claiming such credit.

(4) No credit claimed under O.C.G.A. § 33-1-25 shall be refundable or saleable on the open market. Credits earned by or allocated to a partnership, limited liability company, or S-corporation may be allocated to the partners, members, or shareholders of such entity for their direct use in accordance with the provisions of any agreement among such partners, members, or shareholders, and a rural fund must notify the Department of the names of the entities that are eligible to utilize credits pursuant to an allocation of credits or a change in allocation of credits or due to a transfer of a capital investment upon such allocation, change, or transfer. Such allocation shall not be considered a sale.

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Claiming Credits" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Ga. Comp. R. & Regs. r. 110-35-1-.11 Exiting the Program

(1) On or after the sixth anniversary of the closing date, a rural fund may apply to the Department to exit the program and no longer be subject to regulation under O.C.G.A. § 33-1-25 . Such application shall be made on forms promulgated by the Department.

(2) The Department shall review each application to determine whether credits have been recaptured or whether the rural fund has received a notice of recapture that has not been cured.

(3) The Department shall notify the rural fund within 30 days of receipt of application to exit the program as to whether the request is approved or denied.

(4) Denial notices shall include the reason(s) for the determination.

(5) The state shall receive a 10 percent share of any distributions annually from a rural fund that made a capital investment, other than the amount in excess of equity invested in the rural fund and tax distributions made by the rural fund.

(6) A rural fund shall distribute all amounts not held in qualified investments no later than the fourteenth anniversary of the closing date.

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Exiting the Program" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Ga. Comp. R. & Regs. r. 110-35-1-.12 Prohibitions

(1)

No allocatee shall receive distributions, directly or indirectly from distribution or payments made by the rural fund, in excess of an amount that would result in an internal rate of return on capital invested that is more than 20 percent if the number of jobs created is:

(a) Less than 60 percent of the projected jobs in the rural fund's approved business plan, then the state shall receive a penalty of 10 percent of the total tax credits distributed to the rural fund; or

(b) Greater than 60 percent but less than 80 percent of the projected jobs in the rural fund's approved business plan, then the state shall receive a penalty of 5 percent of the total tax credits distributed to the rural fund.

History

• Authority: O.C.G.A. § 33-1-25
• History. Original Rule entitled "Prohibitions" adopted. F. Feb. 16, 2018; eff. Mar. 9, 2018, as specified by Agency.

Chapter 110-36 Achieving Connectivity Everywhere (ACE)

Subject 110-36-1 Achieving Connectivity Everywhere (ACE)

Ga. Comp. R. & Regs. r. 110-36-1-.01 Purpose

The purpose of the Achieving Connectivity Everywhere (ACE) Program is to amend Titles 32, 36 and 50 of the Official Code of Georgia Annotated as the General Assembly recognizes that access to broadband services in today's society is essential to everyday life. Access to broadband services has been deemed a necessary service as fundamental as electricity, gas or phone service. There is a growing need for the government of this state to provide the much needed infrastructure to the homes and businesses without access to broadband services due to their location in rural and other unserved areas. Furthermore, the General Assembly declared that ensuring broadband services deployment will have a positive effect on education, health care, public safety, business and industry, government services, and leisure activities throughout the entire state. The General Assembly also finds and declares that guaranteeing an equitable deployment of broadband services throughout the state is a public necessity, one of the basic functions of government, and a benefit of the state.

History

• Authority: O.C.G.A. § 50-39-80
• History. Original Rule entitled "Purpose" adopted. F. Aug. 22, 2018; eff. Sept. 11, 2018.

Ga. Comp. R. & Regs. r. 110-36-1-.02 Definitions

(1) 'Broadband network project' means any deployment of broadband services.

(2)

'Broadband services'

means a wired or wireless terrestrial service that consists of the capability to transmit at a rate of not less than 25 megabits per second in the downstream direction and at least 3 megabits per second in the upstream direction to end users and in combination with such service provides:

(a) Access to the Internet; or

(b) Computer processing, information storage, or protocol conversion.

(3) 'Broadband services provider' means any provider of broadband services or a public utility or any other person or entity that builds or owns a broadband network project.

(4) 'Commissioner' means the Commissioner of the Georgia Department of Community Affairs.

(5) ' Days ' means calendar days.

(6) 'Department' means the Georgia Department of Community Affairs.

(7) 'Development authority' means any authority created by law or by constitutional amendment for one or more counties or municipalities, or any combination thereof, for the purpose of promoting the development of trade, commerce, industry, and employment opportunities, or for other purposes.

(8) 'Eligible applicant' means any or all public bodies, designated by the Department of Community Affairs pursuant to paragraph (2) of subsection (b) of O.C.G.A. § 50-40-81 , as political subdivisions qualified to apply for funds under this article.

(9) 'Eligible designee' means any municipality, county or consolidated government.

(10) 'Local authority' means any public corporation or authority created by or pursuant to a local or special Act of the General Assembly or a local or special amendment to the Constitution.

(11) ' Location' means any residence, dwelling, home, business, or building.

(12) 'Political subdivision' means a county, municipal corporation, consolidated government, or local authority.

(13)

'Qualified broadband provider'

means an entity that is authorized to apply for or that obtains a certificate of authority issued pursuant to O.C.G.A. §

46-5-163

that:

(a)

(i) Has, directly or indirectly, been providing broadband services to at least 1,000 locations; and

(ii) Has been conducting business in the state for at least three years with a demonstrated financial, technical and operational capability to operate a broadband services network; or

(b) Is able to demonstrate financial, technical, and operational capability to operate a broadband services network.

(14) 'Served area' means a census block that is not designated by the Department of Community Affairs as an unserved area.

(15) 'Unserved Area' means a census block in which broadband services are not available to 20 percent or more of the locations as determined by the Department of Community Affairs.

History

• Authority: O.C.G.A. § 50-40-1
• History. Original Rule entitled "Definitions" adopted. F. Aug. 22, 2018; eff. Sept. 11, 2018.
• Amended: F. Dec. 14, 2018; eff. Jan. 3, 2019.

Ga. Comp. R. & Regs. r. 110-36-1-.03 Broadband Ready Community Certification

(1) Eligible applicants must apply for the Broadband Ready Community certification in a format and matter prescribed by the Department. The Department shall promulgate the process and forms required and make such forms available on its website no later than February 1, 2019.

(2)

Eligible applicants may apply at any time after the Department has made requisite forms available.

(a)

Eligible applicants include counties and municipal governments.

(i) Counties may apply for designation for unincorporated areas.

(ii) Municipalities may apply for designation within their corporate limits.

(iii) Counties and municipalities may apply jointly if all jurisdictions adopt the model ordinance with identical verbiage, including, but not limited to, one single point of contact for all jurisdictions, identical fee schedules, an identical approval/denial and notification timeline, and any other element required within the adopted ordinance. Failure of any jurisdiction to follow the adopted ordinance will jeopardize the Broadband Ready Community Certification for all jurisdictions jointly designated with the offending local government.

(3)

In order to be eligible to apply for and receive certification as a Broadband Ready Community, eligible designees must submit the following to the Department:

(a) An official application form promulgated by the Department;

(b) Verification that the eligible designee's comprehensive plan has included approved language regarding the promotion of the deployment of broadband services;

(c)

A copy of a locally-adopted ordinance, or model ordinance developed by the Department, which satisfies program requirements and, at a minimum, contains:

(i) A designated single point of contact for all matters related to a broadband network project;

(ii) A defined process which will be used by such political subdivision to determine whether an application is complete and notifying the applicant about such determination in writing within a certain time period after receiving such application; provided, however, that any delay in the processing of an application that is outside the control of such political subdivision and that is directly caused by or attributable to a natural disaster, a state of emergency, a mandated federal review or approval, the receipt of multiple applications by the same or different applicants within a relatively short period of time, another political subdivision's review or approval, or through fault of the applicant shall not count toward the days allotted within such time period;

(iii) A process for political subdivisions who receive incomplete applications, requiring the written notification provided for above to specify in detail the required information that is incomplete;

(iv) Certification that if such political subdivision does not make the written notification required above, requiring such political subdivision to consider an application to be complete;

(v) Delineation of the time period following receipt of an application that is complete by which the political subdivision must approve or deny such application and provide the applicant notification of such approval or denial;

(vi) Certification that any fee imposed by such political subdivision to review an application, issue a permit, or perform any other activity related to a broadband network project is reasonable, cost-based, and nondiscriminatory to all applicants; and

(vii) Any other information or specifications as may be required by the Department.

(4) If a political subdivision enacts an ordinance that differs from the model ordinance developed by the Department, the political subdivision shall, when applying for certification under O.C.G.A. § 50-40-40 , provide the department with a copy of its adopted ordinance and a written statement that describes the ordinance enacted by the political subdivision and how such ordinance differs from the Department's model ordinance.

(5)

Applications shall be reviewed and, when appropriate, designations shall be made within 30 days of receipt of the completed application.

(a) For applicants who have not adopted the model ordinance, designations shall be made within 60 days of receipt of a completed application, ensuring the required 30-day public notice process is followed.

(6) Certifications shall be granted for the period from approval through December 31 for each year in which certification is granted.

(7)

Annual recertification documents, on forms promulgated by the Department, must be transmitted to the Department by November 15, 2019 and annually thereafter.

(a) Designated Broadband Ready Communities who fail to meet this deadline will have a grace period and be notified by the Department. Such communities will then have until January 15 to submit appropriate documentation to the Department.

(b) Failure to submit the information by January 15 will result in the community's Broadband Ready Community certification being revoked for that year. If the information for a joint certification is not received by the date for revocation, all jurisdictions shall lose certification for that year.

History

• Authority: O.C.G.A. §§ 50-40-40, 50-40-41
• History. Original Rule entitled "Broadband Ready Community Certification" adopted. F. Dec. 14, 2018; eff. Jan. 3, 2019.

Ga. Comp. R. & Regs. r. 110-36-1-.04 Broadband Ready Community Decertification

(1)

Designated Broadband Ready Communities may be decertified by the Department if:

(a) The community imposes an unreasonable or non-cost based fee to review an application or issue a permit for a broadband network project. An application fee in excess of $100.00 shall be considered unreasonable unless such political subdivision can provide documentation justifying such fee based on a specific cost. The Department shall be final arbiter in determining the reasonableness of cost for the purposes of decertification;

(b) The community imposes a moratorium of any kind on the approval of applications or issuance of permits for broadband network projects or on construction related to broadband network projects;

(c) The community discriminates among broadband service providers with respect to any action described in O.C.G.A. § 50-40-42 or otherwise related to a broadband network project, including granting access to public rights of way, infrastructure and poles, river and bridge crossings, or any other physical asset owned or controlled by such political subdivision; or

(d)

As a condition for approving an application or issuing a permit for a broadband network project, requires the applicant to:

(i) Provide any service or make available any part of the broadband network project to such political subdivision; or

(ii) Except for reasonable and cost based fees allowed, make any payment to or on behalf of such subdivision.

(e) A broadband services provider requests that the Department decertify a political subdivision for failure to act in accordance with the ordinance required for certification under O.C.G.A. § 50-40-41 , modifies such ordinance so that such ordinance no longer complies with subsection (a) of O.C.G.A. § 50-40-41 , or violates any provision of O.C.G.A. § 50-40-42 . Such request may be made at any time.

(f) A broadband services provider alleges that an application fee under an ordinance for certification under O.C.G.A. § 50-40-41 is unreasonable, the Department shall determine whether or not the fee charged by the political subdivision is reasonable.

(g) In the proceeding for making such determination, the political subdivision shall have the burden of proving the reasonableness of any action undertaken by such political subdivision as part of the application process and the reasonableness of the costs of such actions.

(h)

Upon receipt of any request for decertification, the following steps shall apply:

(i) After obtaining necessary information to evaluate claims that application fees are unreasonable, the Department shall conduct said proceeding within 60 days of the claim being filed with the Department. The Department shall investigate the validity of the complaint, require documentation from the broadband services provider and the political subdivision, as well as make a determination as to whether the political subdivision has failed to comply with the ordinance. The Department shall be the final arbiter for this determination.

(ii) Upon receipt of a complaint from a broadband services provider, the Department shall have 60 days to render a judgment through a proceeding for such purpose.

(iii) Decertified political subdivisions shall immediately cease using all forms of marketing and/or promotion, whether digitally, in print, or otherwise, upon receipt of decertification notice by the Department.

(iv) Decertified political subdivisions shall not be eligible to apply for reinstatement for twelve months following the decertification action.

History

• Authority: O.C.G.A. §§ 50-40-42, 50-40-43
• History. Original Rule entitled "Broadband Ready Community Decertification" adopted. F. Dec. 14, 2018; eff. Jan. 3, 2019.

Ga. Comp. R. & Regs. r. 110-36-1-.05 Broadband Ready Community Site Designation

(1) In order to encourage economic development and attract technology enabled growth in Georgia, the Department of Community Affairs shall, with the Department of Economic Development, create and administer the 'Georgia Broadband Ready Community Site Designation Program.' Such program shall designate facilities and developments that have, at the time of application, broadband services or access to broadband services at the facility or development at a rate of not less than 1 gigabit per second in the downstream to end users that can be used for business, education, health care, government or other public purposes as a Georgia Broadband Ready Community Site. Access shall be defined as broadband services currently serving the facility/development or on a parcel immediately adjacent to the facility/development seeking designation.

(2) All applicants proposing facilities or sites be designated shall have been transmitted to the Georgia Department of Economic Development in advance of making application for designation and provide documentation of such notification within the application.

(3) The Department shall promulgate forms and procedures necessary to develop a designation and redesignation process.

(4)

The Department shall, with appropriate stakeholders, collaborate to develop an application process that allows for the designation of Broadband Ready Community Site Programs. Such application shall require, at a minimum, a community point of contact, a facility/site point of contact, name and contact information for the broadband provider serving the facility/site, verification of the rate of broadband service at the facility/site.

(a) The rate of broadband availability for all facilities or sites for which designation is sought shall be calculated and verified at the facility or on the site seeking designation.

(5) It shall be incumbent upon the applicant to prove that the site or facility for which it seeks designation have available broadband services at a rate of not less than 1 gigabit per second in the downstream to end users.

(6) Application forms, instructions and deadlines shall be made available on the Department's website no later than March 1, 2019.

(7) Applications may be submitted at any time.

(8) The Department shall issue certification to facilities/sites provided the applicant demonstrates that the facility/site satisfactorily meets all program requirements.

(9) Designations shall be valid for a period of up to two calendar years. Deadlines for two-year redesignation are due to the Department no later than November 15 of the expiring year. A grace period will be provided; however, failure to provide required documentation for redesignation by January 15, immediately following the expiration of the designation, shall result in the community not retaining the designation of a Broadband Ready Community Site for that calendar year.

History

• Authority: O.C.G.A. §§ 50-40-61, 50-40-62
• History. Original Rule entitled "Broadband Ready Community Site Designation" adopted. F. Dec. 14, 2018; eff. Jan. 3, 2019.

Ga. Comp. R. & Regs. r. 110-36-1-.06 Broadband Mapping

(1) The Department of Community Affairs shall determine those areas in the state that are served and unserved with broadband service and shall publish such findings.

(2) The Department shall consult with the Federal Communications Commission in determining if a map showing the unserved areas, as determined by the Department, exists.

(3) If the Department determines a map exists, it may provide on the Department's website a link to such map, in lieu of republishing such map.

(4) Any map created by the Department or its agent shall take into consideration any information received pursuant to O.C.G.A. § 50-40-21(c) and (d) , as well as O.C.G.A. § 50-40-22 .

(5) On or before January 1, 2019, the Department shall publish on its website a map showing the unserved areas in the state.

(6) If the Department determines that such a map does exist that was not created by the Department or an agent of the Department, then its website may link to such existing map in lieu of republishing such a map.

(7) All local governments shall cooperate with the Department and any agent designated by the Department by providing requested information as to addresses and locations of broadband services and other emerging communications technologies within their jurisdiction.

(8) The Department and any agent designated by the Department may request information from all broadband services providers in the state in developing a map or making the determination as to the percentage of locations within a census block to which broadband services are not available.

History

• Authority: O.C.G.A. §§ 50-40-20, 50-40-21, 50-40-22
• History. Original Rule entitled "Broadband Mapping" adopted. F. Aug. 22, 2018; eff. Sept. 11, 2018.
• Amended: F. Dec. 14, 2018; eff. Jan. 3, 2019.

Ga. Comp. R. & Regs. r. 110-36-1-.07 Challenging Served and Unserved Locations

(1) An entity that is authorized to apply for or that obtains a certificate of authority pursuant to O.C.G.A. § 45-5-163, a broadband services provider, or a political subdivision may file a petition with the Department along with data specifying locations or census blocks which the petitioner alleges should be designated differently than as shown on the map published on the Department's website pursuant to O.C.G.A. § 50-39-21.

(2) The Department shall promulgate forms and instructions for challenging served and unserved locations. Such forms shall be maintained on the Department's website. Challenges may be submitted at any time.

(3) Upon receipt of such petition and data, the Department shall provide notice of the petition on the Department's website and shall notify all known broadband service providers furnishing broadband services in such census block or any census block in which any such locations are positioned.

(4) Such broadband providers shall have 45 days after the date such notice is sent to furnish information to the Department showing whether the locations that are the subject of the petition currently have broadband services available.

(5) The Department shall determine whether the designation of such locations or census blocks should be changed and shall issue such determination within 75 days of the date the notice is sent to the broadband services provider(s).

(6) Any determination made by the Department pursuant to this Code section shall be final and not subject to review and any such determination shall not be a contested case under Chapter 13 of Title 50, 'Georgia Administrative Procedure Act.'

History

• Authority: O.C.G.A. § 50-39-22
• History. Original Rule entitled "Challenging Served and Unserved Locations" adopted. F. Aug. 22, 2018; eff. Sept. 11, 2018.

Ga. Comp. R. & Regs. r. 110-36-1-.08 Confidentiality of Data

(1) All information provided by a broadband services provider pursuant to O.C.G.A. § 50-39-3 shall be presumed to be confidential, proprietary, a trade secret as such term is defined in O.C.G.A. § 10-1-761 , and subject to exemption from disclosure under state and federal law and shall not be subject to disclosure under O.C.G.A. 50-18-4, except in the form of a map where information that could be used to determine provider-specific information about the network of the broadband services provider is not disclosed.

(2) Except as otherwise provided in this chapter, such provider-specific information shall not be released to any person other than to the submitting broadband services provider, the Department, the Georgia Technology Authority, agents designated to assist in developing the map provided for in Article 2 of this chapter, employees of the Department or the Georgia Technology Authority, and attorneys employed by or under contract with the Department or the Georgia Technology Authority without express permission of the submitting broadband services provider.

(3) Such information shall be used solely for the purposes stated under this chapter.

History

• Authority: O.C.G.A. § 50-39-3
• History. Original Rule entitled "Confidentiality of Data" adopted. F. Aug. 22, 2018; eff. Sept. 11, 2018.

Chapter 110-37 Historic Preservation

Subject 110-37-1 Designation of Historic Buildings and Landmark Museum Buildings

Ga. Comp. R. & Regs. r. 110-37-1-.01 Definitions

(1) "Historic Building" means any individual building or any building which contributes to the historic character of a historic district, so designated by the State Historic Preservation Officer, or so designated pursuant to the provisions of Article 2 of Chapter 10 of Title 44, the "Georgia Historic Preservation Act".

(2) "Landmark Museum Building" means a historic building as defined in (1) used as the exhibit of the building itself, which exhibits a high degree of significance and architectural integrity, is open to the public not less than twelve (12) days per year, and is so designated by the State Historic Preservation Officer.

(3) "National Historic Preservation Act" means the Act of Congress codified at 16 U.S.C. Section 470 et seq., as amended (Public Law 89-665, as amended).

(4) "National Register of Historic Places" means the national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior under authority of the National Historic Preservation Act.

(5) "State Historic Preservation Office" means the office within state government which carries out the function of the state historic preservation program under the National Historic Preservation Act. In Georgia, this is the Historic Preservation Division, Department of Community Affairs.

(6) "State Historic Preservation Officer" means the official designated by the Governor of Georgia to administer the state's historic preservation program under the National Historic Preservation Act.

History

• Authority: O.C.G.A. § 25-2-13
• History. Original Rule entitled "Definitions" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-1-.02 Criteria for Designation

(1)

Historic buildings shall be so designated by the State Historic Preservation Officer if one of the following criteria is met:

(a) The building is in the National Register of Historic Places either as an individual property or as a contributing property to a historic district;

(b) The State Historic Preservation Officer concurs with a federal agency/applicant as the result of a proposed federal action that a building is eligible for listing in the National Register of Historic Places. In the case of property located within a district considered eligible, the particular building must be included as a contributing property to the district;

(c)

The State Historic Preservation Officer has recommended to the National Park Service under the provisions of the Economic Recovery Tax Act of 1981 that a building can be:

1. Certified as a contributing building to a district listed in the National Register of Historic Places; or

2. Preliminarily certified as eligible for listing in the National Register of Historic Places or as a contributing building to a district eligible for listing in the National Register of Historic Places; or

(d) The State Historic Preservation Officer determines that a building, or a contributing building in a historic district, meets the criteria for the National Register of Historic Places as a part of the National Register nomination procedures of the State Historic Preservation Office.

(2)

A building shall be designated as a landmark museum building if all of the following criteria are met:

(a) The building is used as an exhibit of itself which means it is presented to the public as a work of architecture by means of such activities as tours, seminars, workshops, brochures and/or information made available to visitors. The use of a building as an exhibit should be included in any statement of purpose of the occupying organization, or should be documented by a written statement of the property owner;

(b)

The building has a high degree of architectural integrity which means it remains relatively unchanged from its historic appearance, or represents clearly the particular history of a building, including its evolution during various historic architectural periods. Integrity is a quality that applies to historic and prehistoric resources in the following ways:

1. Location, which means the place where the historic resource was constructed or where a historic event or series of events took place (except in rare cases, the relationships between the resource and its natural and man-made surroundings are destroyed if a historic resource is moved);

2. Design, which means the composition of elements that comprise the form, plan, space, structure, and style of a property;

3. Setting, which means the physical environment of a historic property which may include natural or man-made physical features;

4. Materials, which means the physical elements that are combined or deposited in a particular pattern or configuration;

5. Workmanship, which is the physical evidence of the crafts of a particular culture of people during any given period in history or prehistory;

6. Feeling, which is the quality a historic resource has in evoking the aesthetic or historic sense of a past period of time; and

7. Association, which is the direct link between a property and an event or a person for which the property is significant;

(c) The building has been shown to have significance according to the categories of significance established for the National Register of Historic Places. Areas of significance may include prehistoric and historic archaeology, agriculture, architecture, art, commerce, communications, community planning, conservation economics, education, engineering, exploration/settlement, industry, invention, landscape architecture, law, literature, military, music, philosophy, politics/government, religion, science, sculpture, social/humanitarian, theater, transportation; and

(d) The building is open to the public a minimum of twelve (12) days per year.

(3) A building shall be preliminarily designated as a landmark museum building if the building is proposed for use, but not yet used, as an exhibit of itself, pursuant to 110-37-1-.02(2)(a) and (d) , and if it is shown to meet the criteria for landmark museum designation, pursuant to 110-37-1-.02(2)(b) and (c) . Preliminary designation is an indication that a building, if put into use according to approved plans, will meet the criteria for landmark museum designation. Actual designation as a landmark museum building will be contingent upon the faithful execution of approved plans. It is the responsibility of the applicant to insure that approved plans are faithfully carried out and to apply for actual designation as a landmark museum building upon completion of the work.

History

• Authority: O.C.G.A. § 25-2-13
• History. Original Rule entitled "Criteria for Designation" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-1-.03 Application Procedures

(1) Designation application forms may be obtained from, and completed applications should be submitted to: Historic Preservation Division, Georgia Department of Community Affairs, 60 Executive Park South, Atlanta, GA 30329.

(2) Designation shall be made by the State Historic Preservation Officer only upon receipt of a completed designation application and such accompanying documentation as is necessary or called for.

(3) Normally such designation shall be made within thirty (30) days. However, should site visits or other evaluative activities by the State Historic Preservation Office staff be required, the thirty (30) day period may be extended as needed at the sole discretion of the State Historic Preservation Officer.

History

• Authority: O.C.G.A. § 25-2-13
• History. Original Rule entitled "Application Procedures" adopted. F. July 17, 2020; eff. August 6, 2020.

Subject 110-37-2 Evaluation of Properties for the Georgia Register of Historic Places

Ga. Comp. R. & Regs. r. 110-37-2-.01 Definitions

(1) "Building". A building is a structure created to shelter any form of human activity, such as a house, barn, church, hotel, or similar structure. Building may refer to a historically related complex such as a courthouse and jail or a house and barn.

(2) "Department" means the Department of Community Affairs.

(3) "Georgia Register of Historic Places" or "Georgia Register" means the Georgia Register of districts, sites, buildings, structures, and objects significant in Georgia history, architecture, engineering, and culture.

(4) "Historic District" means a geographically definable area, urban or rural, that possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.

(5) "Historic Property" is defined in O.C.G.A. § 12-3-50.2 and means districts, sites, buildings, structures, or objects which possess integrity of location, design, setting, materials, workmanship, feeling, and association and which are determined to meet the criteria for listing in the Georgia Register of Historic Places according to the criteria outlined in these regulations.

(6) "National Historic Preservation Act" means the Act of Congress codified at 16 U.S.C. Section 470 et seq., as amended (Public Law 89-665, as amended).

(7) "National Register of Historic Places" means the national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior under authority of the National Historic Preservation Act.

(8) "Site". A site is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure.

(9) "State Historic Preservation Office" means the office within state government which carries out the function of the state historic preservation program under the National Historic Preservation Act. In Georgia, this is the Historic Preservation Division, Department of Community Affairs.

(10) "State Historic Preservation Officer" means the official designated by the Governor of Georgia to administer the state's historic preservation program under the National Historic Preservation Act and O.C.G.A § 12-3-50.1(c)(13) .

(11) "State Historic Preservation Review Board". The State Historic Preservation Review Board means a board designated by the State Historic Preservation Officer and consisting of members representing the professional fields of Georgia history, architectural history, historical architecture, prehistoric and historic archaeology, and other professional disciplines which may include citizen members.

(12) "Structure". A structure is a work made up of interdependent and interrelated parts in a definite pattern of organization. Constructed by man, it is often an engineering project large in scale.

History

• Authority: O.C.G.A. § 12-3-50.2
• History. Original Rule entitled "Definitions" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-2-.02 Criteria for Evaluation of Properties for the Georgia Register

(1) The following criteria will be used for evaluation of property for the Georgia Register.

(2)

The quality of significance in Georgia history, architecture, archaeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association and

(a) that are associated with events that have made a significant contribution to the broad patterns of our history; or

(b) that are associated with the lives of persons significant in our past; or

(c) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

(d) that have yielded, or may be likely to yield, information important in prehistory or history.

(3)

Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Georgia Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

(a) A religious property deriving primary significance from architectural or artistic distinction or historical importance; or

(b) A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or

(c) A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with the historical figure's productive life.

(d) A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or

(e) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or

(f) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or

(g) A property achieving significance within the past 50 years if of exceptional importance.

History

• Authority: O.C.G.A. § 12-3-50.1
• History. Original Rule entitled "Criteria for Evaluation of Properties for the Georgia Register" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-2-.03 Application Procedures

(1) Designation application forms may be obtained from, and completed applications should be submitted to: Historic Preservation, Division, Georgia Department of Community Affairs, 60 Executive Park South, Atlanta, GA 30329.

(2) Designation shall be made by the State Historic Preservation Officer only upon receipt of a completed designation application and such accompanying documentation as is necessary or called for.

(3) Applicants shall submit documentation on forms or in a format approved by the Department for this use. At a minimum the application shall include name of property, location, property description, property history, significance, sources of information used to document the property, property ownership and other such information as shall be needed by the Department to determine eligibility and process the application.

(4) Submissions to the Review Board and the State Historic Preservation Officer shall be prepared using the documentation provided by the applicant and on forms developed by the Section.

(5) The State Historic Preservation Review Board shall (1) determine the adequacy of documentation of the application and (2) consider the eligibility for listing of properties submitted for its review by the State Historic Preservation Office. In its consideration, the State Historic Preservation Review Board shall review the State Historic Preservation Office recommendations as well as any comments concerning the property's significance. The State Historic Preservation Review Board shall determine (1) whether or not the property meets the Georgia Register criteria for evaluation and (2) if the documentation is adequate. The State Historic Preservation Review Board shall make a recommendation to the State Historic Preservation Officer Review to approve or disapprove the application.

(6) The State Historic Preservation Officer shall make the final determination of listing a property in the Georgia Register of Historic Places. The State Historic Preservation Review Officer's decision to list such property constitutes a listing in the Georgia Register of Historic Places.

(7)

A boundary alteration shall be considered as a new property. An application for eligibility must be submitted and the process for listing followed as stated in (1) through (6) above. Only those owners affected by the boundary change need to be notified.

(a)

Four justifications exist for altering a boundary:

1. professional error in the initial application;

2. loss of historic integrity;

3. recognition of additional significance;

4. additional research documenting that a larger or smaller area should be listed.

(b) No enlargement of a boundary should be recommended unless the additional area possesses previously unrecognized significance in Georgia history, architecture, archaeology, engineering or culture. No diminution of a boundary should be recommended unless the area being removed does not meet the Georgia Register criteria for evaluation.

(8)

Properties listed in the Georgia Register should be moved only when there is no feasible alternative for preservation. When a property is moved, every effort should be made to reestablish its historic orientation, immediate setting, and general environment. Property should be moved in a manner which retains the historic integrity of the property.

(a)

If it is proposed that a property listed in the Georgia Register be moved and the interested party wishes the property to remain in the Georgia Register during and after the move, the applicant shall submit documentation to the State Historic Preservation Office prior to the move. The State Historic Preservation Office shall respond to a properly documented submittal with the final decision on whether the property will remain in the Georgia Register. Any such application submitted will be considered a new property for listing and must follow the same procedures as discussed in (3) and (4) above. The documentation shall discuss and provide:

1. the reasons for the move;

2. the effect on the property's historical integrity;

3. the new setting and general environment of the proposed site, including evidence that the proposed site does not possess historical or archaeological significance that would be adversely affected by the intrusion of the property;

4. photographs and maps showing the proposed location; and

5. the methods to be used to move the property.

(b) The State Historic Preservation Office shall review this documentation and prepare a recommendation to the State Historic Preservation Officer on whether or not the property will continue to meet Georgia criteria of eligibility after the move. Then the State Historic Preservation Office shall make a decision on whether or not the property may continue to meet Georgia criteria of eligibility after the move. Required notification procedures will be followed.

(c)

Once the property is moved, the applicant shall submit to the State Historic Preservation Office:

1. a letter stating the date the property was moved;

2. photographs of the property on its new location; and

3. maps showing the new location of the property and current ownership of the property.

(d)

In the event that a property is moved, deletion from the Georgia Register will be automatic unless the above procedures are followed prior to the move. If the property has already been moved, it is the responsibility of the applicant to notify the State Historic Preservation Office. If an applicant wishes to have the structure reentered in the Georgia Register, application must be made again on new forms which discuss:

1. the reasons the property was moved;

2. the effect on the property's historical integrity;

3. the new setting and general environment of the proposed site, including evidence that the proposed site does not possess historical or archaeological significance that would be adversely affected by the intrusion of the property;

4. photographs and maps showing the new location; and

5. the methods used to move the property.

(9)

Properties are removed from the Georgia Register only under the following circumstances:

(a)

Grounds for removing properties from the Georgia Register are as follows:

1. the property has ceased to meet the criteria for listing in the Georgia Register because the qualities which caused it to be originally listed have been lost or destroyed, or such qualities were lost subsequent to application and prior to listing;

2. additional information shows that the property does not meet the Georgia Register criteria for evaluation;

3. error in professional judgment as to whether the property meets the criteria or evaluation; or

4. prejudicial procedural error in the application or listing process.

(b) Properties removed from the Georgia Register for procedural error shall be reconsidered for listing by the State Historic Preservation Officer after correction of the error or errors by the State Historic Preservation Officer, the Historic Preservation Division, the State Historic Preservation Office, the Review Board, or the applicant, as appropriate.

(c) Any person or organization may request in writing for removal of a property from the Georgia Register by setting forth the reasons the property should be removed on the grounds established above. Petitions for removal are submitted to the State Historic Preservation Office. The State Historic Preservation Office reviews these petitions for removal and submits its recommendations to the State Historic Preservation Officer for a final decision.

(d) The State Historic Preservation Officer may elect to have a property considered for removal according to the State's application procedures for a new listing unless the petition is on procedural grounds.

(e) The State Historic Preservation Officer may remove a property from the Georgia Register on his/her own motion on the grounds established above. In such cases, the State Historic Preservation Office will notify the affected owner(s) and the applicable chief elected local official and provide them an opportunity to comment. Upon removal, the State Historic Preservation Office will notify the applicant of the basis for the removal.

History

• Authority: O.C.G.A. § 12-3-50.2
• History. Original Rule entitled "Application Procedures" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-2-.04 Relationship of Georgia Register to National Register

(1) All properties currently listed in the National Register shall be listed in the Georgia Register. Any subsequent listings in the National Register shall be listed in the Georgia Register. However, listing in the Georgia Register does not mean listing in the National Register.

(2) For purpose of state actions associated with the Georgia Register, properties listed as contributing to a National Register or Georgia Register historic district as well as those properties individually listed in the National Register and Georgia Register are considered as listed in the Georgia Register.

History

• Authority: O.C.G.A. § 12-3-50.2
• History. Original Rule entitled "Relationship of Georgia Register to National Register" adopted. F. July 17, 2020; eff. August 6, 2020.

Subject 110-37-3 Preliminary and Final Certification of Rehabilitated Historic Property

Ga. Comp. R. & Regs. r. 110-37-3-.01 Definitions

(1) "Building". A building is a structure created to shelter any form of human activity, such as a house, barn, church, hotel, or similar structure. Building may refer to a historically related complex such as a courthouse and jail or a house and barn.

(2) "Department" means the Department of Community Affairs.

(3) "Georgia Register of Historic Places" or "Georgia Register" means the Georgia Register of districts, sites, buildings, structures, and objects significant in Georgia history, architecture, engineering, and culture.

(4) "Historic District" means a geographically definable area, urban or rural, that possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.

(5) "Historic Property" is defined in O.C.G.A. § 12-3-50.2 and means districts, sites, buildings, structures, or objects which possess integrity of location, design, setting, materials, workmanship, feeling, and association and which are determined to meet the criteria for listing in the Georgia Register of Historic Places according to the criteria outlined in these regulations.

(6) "National Historic Preservation Act" means the Act of Congress codified at 16 U.S.C.

(7) "National Register of Historic Places" means the national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior under authority of the National Historic Preservation Act.

(8)

"Rehabilitated Historic Property" means tangible real property which:

(a) qualifies for listing on the Georgia Register of Historic Places as provided in O.C.G.A. § 12-3-3.1;

(b) is in the process of or has been substantially rehabilitated and is owner occupied residential real property, income-producing real property, or real property used primarily as residential property but partially as income-producing property;

(c) has been rehabilitated and meets the DCA's rehabilitation standards; and

(d) has been certified by the DCA as rehabilitated historic property eligible for preferential assessment.

(9) "Rehabilitation" means the process of returning a building or buildings to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the building(s) which are significant to its historic, architectural and cultural values.

(10) "State Historic Preservation Office" means the office within state government which carries out the function of the state historic preservation program under the National Historic Preservation Act. In Georgia, this is the Historic Preservation Division, Department of Community Affairs.

(11) "State Historic Preservation Officer" means the official designated by the Governor of Georgia to administer the state's historic preservation program under the National Historic Preservation Act and O.C.G.A. § 12-3-50.1(c)(13) .

(12)

"Substantially Rehabilitated Property". A building shall be treated as having been substantially rehabilitated for a taxable year only if:

(a) rehabilitation began after January 1, 1989;

(b) rehabilitation is completed within 24 months from the date that preliminary certification is received pursuant to these rules; and

(c)

the rehabilitation has increased the fair market value of the building by not less than:

1. 50 percent of fair market value of the building or structure at the time of preliminary certification for owner occupied residential real property; or

2. 100 percent of fair market value of the building or structure at the time of preliminary certification for income-producing real property; and/or

3. 75 percent of fair market value of the building or structure at the time of preliminary certification for mixed residential and income-producing property, as long as the property is primarily residential. The county tax board in which the property is located shall make this determination.

(d) If rehabilitation work was initiated after January 1, 1989, and before August 1, 1990, special consideration shall be granted. Rehabilitation work during this time period shall be considered made after the date preliminary certification is filed with the tax assessor.

(e) The County tax board in which the property is located shall make the determinations set forth in (c), 1., 2., 3 above.

History

• Authority: O.C.G.A. § 48-5-7.2
• History. Original Rule entitled "Definitions" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-3-.02 Requirements for Preliminary and Final Certification of Rehabilitated Historic Properties

(1)

In order to be eligible for certification as rehabilitated historic property a property must:

(a) qualify for listing in the Georgia Register; and

(b) be substantially rehabilitated in accordance with the Department's Standards for Rehabilitation; and

(c) Matters of valuation are not the concern of the Department.

(2) Certification of rehabilitated historic property shall apply to the building or structure which is rehabilitated, the real property on which the building is located, and not more than two (2) acres of real property surrounding the building or structure. The remaining property may be assessed by local authorities for tax purposes as otherwise provided by law.

(3)

To qualify for certification of rehabilitated historic property, the property owner must:

(a) submit an application for preliminary certification (Part A) and receive approval from the Department that the property qualifies as rehabilitated historic property. Specific requirements of the application are further defined in 110-37-3-.03 of these rules.

(b) upon completion of the rehabilitation, submit a request to the Department for final certification (Part B) and receive approval of the request.

History

• Authority: O.C.G.A. § 48-5-7.2
• History. Original Rule entitled "Requirements for Preliminary and Final Certification of Rehabilitated Historic Properties" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-3-.03 Standards for Rehabilitation

(1)

The following "Standards for Rehabilitation" are used to determine if a rehabilitation project of a certified historic property qualifies as a certified rehabilitation for certification. The Standards shall be applied taking into consideration the economic and technical feasibility of each project; in the final analysis, however, to be certified, the rehabilitation project must be consistent with the historic character of the structure(s) and, where applicable, the district in which it is located.

(a) A property shall be used or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(b) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(c) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(d) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(e) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

(f) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

(g) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(h) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

(i) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(j) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

History

• Authority: O.C.G.A. § 48-5-7.2
• History. Original Rule entitled "Standards for Rehabilitation" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-3-.04 Decertification as Rehabilitated Historic Property Conditions

(1) Certification may be revoked by the Department if it is determined that the property ceases to qualify as rehabilitated historic property. The Department has the authority to decertify any property which no longer possesses the qualities and features which made it eligible for the Georgia Register of Historic Places, or if a rehabilitation project was not undertaken as presented in the rehabilitated historic property application and supporting documentation, or where the owner, upon obtaining certification, undertook unapproved further alterations as part of the rehabilitation project inconsistent with the Standards for Rehabilitation, or if the owner failed to comply with any conditions of certification. Projects may be inspected by an authorized representative of the Department to determine if the work meets the Standards for Rehabilitation.

(2) A rehabilitated historic property not in conformance with the Standards for Rehabilitation and which is determined to have lost those qualities which cause it to be nominated to the Georgia Register, will be removed from the Georgia Register. Delisting or certification of non-significance is considered effective as of the date of issue and is not considered to be retroactive. The tax consequences of a decertification will be determined by the Georgia Department of Revenue.

History

• Authority: O.C.G.A. § 48-5-7.2
• History. Original Rule entitled "Decertification as Rehabilitated Historic Property Conditions" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-3-.05 Certification Procedures

(1) A Rehabilitated Historic Property Application has two parts. Part A determines the preliminary historic significance and provides preliminary approval of proposed or ongoing rehabilitation work. Part B must be submitted and approved by the Department after the rehabilitation is completed and within 24 months of receiving a Preliminary Certification pursuant to these rules. Approval of this application certifies documented rehabilitation as meeting the Department's Standards for Rehabilitation. Part A is used to determine the preliminary historic significance and whether preliminary approval of proposed or ongoing rehabilitation work shall be granted. Part B must be submitted for approval to the Department after the rehabilitation is completed. Approval of Part B certifies that the documented rehabilitation meets the Department's Standards for Rehabilitation and constitutes certification of the property by the Department as rehabilitated Historic Property.

(2) A $50.00 application fee must accompany each application for the review process to begin. Fees are payable only by cashier's check. Check should be made payable to the Georgia Department of Community Affairs. All fees are non-refundable.

(3) The Department is responsible for receiving applications to determine eligibility as rehabilitated historic property. The State Historic Preservation Officer shall make the preliminary and final determination for certification of rehabilitated historic property.

(4) Applicants shall submit documentation on forms developed by the Department for certification. The Part A form shall be used for preliminary certification of rehabilitation work and for preliminary determination of historic significance. At a minimum, this application shall include property ownership, property location, property history, description of rehabilitation, photographs, and other such information as delineated in Department instructions that, shall be needed by the Department to determine rehabilitated historic certification.

(5) Once an application has been approved, substantive changes in the work as described in the application shall be brought to the attention of the Department by written statement using Department forms for such.

(6) The Part B - Final Certification form shall be used to certify the property as rehabilitated historic property as defined in these regulations.

History

• Authority: O.C.G.A. § 48-5-7.2
• History. Original Rule entitled "Certification Procedures" adopted. F. July 17, 2020; eff. August 6, 2020.

Subject 110-37-4 State Grants Program-Historic Preservation Grants Program Georgiaheritage Grants

Ga. Comp. R. & Regs. r. 110-37-4-.01 Non-CLG Historic Preservation Grants Programs

(1) Statutory Basis: The Georgia Non-CLG historic preservation grants programs are established in accordance with and under the authority provided to the Georgia Department of Community Affairs by O.C.G.A. § 12-3-5 , § 12-3-50.1 , and § 12-3-58 .

(2) Purpose: The purpose of the Georgia Non-CLG historic preservation grants programs are to encourage the preservation of historic properties, to repair damage from and support mitigation and planning for natural or man-made emergency incidents, to stimulate economic development and neighborhood revitalization, to support community preservation projects that provide a public benefit, and to assist local communities in developing sound preservation projects and preservation planning strategies.

(3)

Program Administration:

(a) The Georgia Department of Community Affairs - Historic Preservation Division (HPD) shall develop procedures, applications, forms, contracts, and other materials as necessary to administer Non-CLG grants programs, which may include, but not be limited to: establishing timelines and deadlines on an annual basis for announcing grant application availability, application due date, project awards date, project reporting dates, and project completion date; developing application and project review procedures; providing guidance for compliance with any additional federal requirements, establishing minimum requirements for project management of grants by recipients; developing guidance and informational materials including required training as appropriate, providing definitions; and developing policies and procedures to deobligate grant awards for non-performance and to re-award recaptured funds. Failure to provide information in the manner required by the Department may result in funding not being awarded, as well as deobligation of awards.

(b) Notice of the start of a grant cycle shall be posted on the Department of Community Affairs website and discipline-specific and general readership media, and by other means as determined appropriate by HPD. The notice shall include, at a minimum, a summary description of the grant program and eligibility and eligible activities requirements, date of application availability, deadline for submitting applications, and directions for obtaining an application.

(4)

Eligibility Requirements:

(a)

Eligible applicants include:

1. Any Georgia local government entity, including counties, municipalities, and duly authorized agencies or instrumentalities of a county or municipality, including but not limited to, local authorities and local boards; and

2. Private, secular non-profit organizations.

(b)

Eligible resources include historic properties such as buildings, structures, sites, districts, objects, and archaeological sites and as further defined in program application instructions.

1. Properties and resources owned or controlled by a private individual, church, religious denomination, or sectarian institution are not eligible.

(c) Eligible properties include historic districts, sites, structures, and objects listed or eligible for listing in the National Register of Historic Places. Individual programs may define more specific eligibility or listing criteria, as conditioned by the source funding. Other federal requirements may apply for pass-through funded programs.

(d)

Eligible project activities fall into four categories:

1. Development activities , including stabilization, preservation, rehabilitation, restoration, and archaeological investigation of historic properties; and

2. Pre-development activities , including plans and specifications, historic structure reports, feasibility studies, and other building-specific or site-specific preservation plans, and survey and planning activities, including, archaeological surveys, National Register nominations, and preservation planning projects.

3. Planning and education activities, including historic resource surveys, archaeological surveys, historic contexts, preservation planning projects, public education activities, programming development, and others as further defined in the program application instructions.

4. Other project activities may be defined eligible as defined in the program application instructions.

History

• Authority: O.C.G.A. §§ 12-3-5; 12-3-50.1; 12-3-58
• History. Original Rule entitled "Georgia Heritage Grants Historic Preservation Grants Program" adopted. F. July 17, 2020; eff. August 6, 2020.
• Amended: New title, "Non-CLG Historic Preservation Grants Programs." F. Sept. 3, 2025; eff. Sept. 23, 2025.

Ga. Comp. R. & Regs. r. 110-37-4-.02 General Terms and Conditions

(a) Individual grant award limits, including any required cash or in-kind match requirements, will be established and announced for each grant cycle based on available funding.

(b) Recipients may be required to attend a grant workshop or on-line training.

(c)

Grant-assisted project work must follow recognized applicable preservation standards and techniques as provided for in the Secretary of the Interior's Standards for Archeology and Historic Preservation. These include:

1. Standards and Guidelines for Preservation Planning,

2. Standards and Guidelines for Identification,

3. Standards and Guidelines for Evaluation,

4. Standards and Guidelines for Registration,

5. Standards and Guidelines for Historical Documentation,

6. Standards and Guidelines for Architectural and Engineering Documentation,

7. Standards and Guidelines for Archeological Documentation,

8. Standards for the Treatment of Historic Properties,

9. Standards and Guidelines for the Rehabilitation of Historic Buildings, and

10. Historic Preservation Professional Qualification Standards.

(d)

Recipients must execute a grant agreement with HPD and comply with all its provisions, including maintaining complete financial records for all activities covered by the grant agreement and providing an audited financial report after completion of the project.

1. Adequate progress toward completion of the project must be documented by the recipient and approved by HPD before payment of intermediate reimbursements.

2. A percentage of the grant funds may be withheld pending HPD approval of the completed project.

(e) For projects receiving grant assistance for development activities, a preservation agreement will be executed to assure public access, maintenance, and compliance with preservation standards for up to twenty years, dependent on the amount of the grant.

(f) Project planning and construction documents and work product(s) shall be reviewed and approved by HPD under terms established by the grant agreement.

(g) Projects and/or project areas will be available for inspection by HPD staff during construction or the grant period, as applicable. Inspections will be facilitated by the grant recipient upon reasonable notice. Reasonable notice shall include pre-arranged scheduled visits, mutually agreed upon times, or 1-week notice of intent to visit by HPD staff.

(h) Non-compliance with (5) (a) through (g) above and any terms & conditions of the grant agreement may result in the deobligation of the grant award.

History

• Authority: O.C.G.A. §§ 12-3-5; 12-3-50.1; 12-3-58
• History. Original Rule entitled "General Terms and Conditions" adopted. F. July 17, 2020; eff. August 6, 2020.
• Amended: F. Sept. 3, 2025; eff. Sept. 23, 2025.

Ga. Comp. R. & Regs. r. 110-37-4-.03 Application Procedures

(a) Applicants shall make application to the Historic Preservation Division, Georgia Department of Community Affairs, by specified deadlines, on current fiscal year grant application forms, and in the manner and format provided for in the grant application instructions.

History

• Authority: O.C.G.A. §§ 12-3-5; 12-3-50.1; 12-3-58
• History. Original Rule entitled "Application Procedures" adopted. F. July 17, 2020; eff. August 6, 2020.
• Amended: F. Sept. 3, 2025; eff. Sept. 23, 2025.

Ga. Comp. R. & Regs. r. 110-37-4-.04 Selection Criteria

(a) Applications will be reviewed by a committee composed of HPD staff.

(b)

Proposed projects shall be evaluated by the following criteria:

1. Resource meets state and/or federal eligibility requirements

2. Project concept is appropriate for resource

3. Project design is consistent with applicable preservation and/or professional standards

4. Project fills demonstrated preservation need

5. Project provides a public benefit

6. Resource is exceptionally significant or one of a few surviving examples of an important type

7. Resource is of a type identified by HPD as having a high priority for preservation assistance

8. Geographic distribution of projects in applicant pool

9. Urgency of need/ degree to which the historic resource is or may be threatened

(c) Grants shall be awarded to the extent of established available funding based on HPD staff recommendations as approved by the Commissioner of the Georgia Department of Community Affairs or duly delegated authority.

History

• Authority: O.C.G.A. §§ 12-3-5; 12-3-50.1; 12-3-58
• History. Original Rule entitled "Selection Criteria" adopted. F. July 17, 2020; eff. August 6, 2020.
• Amended: F. Sept. 3, 2025; eff. Sept. 23, 2025.

Subject 110-37-5 Federal Grants Program-Historic Preservation Grants Program Historic Preservation Fundgrants

Ga. Comp. R. & Regs. r. 110-37-5-.01 Historic Preservation Fund Preservation Grants Program

(1) Statutory Basis: The Historic Preservation Fund preservation grants program is established in accordance with and under the authority provided to the Georgia Department of Community Affairs by the National Historic Preservation Act, as amended ( 16 USC 470 ), O.C.G.A. § 12-3-5 , § 12-3-50.1 , and § 12-3-58 .

(2) Purpose: The purpose of the Historic Preservation Fund preservation grants program is to provide financial assistance for projects that encourage the preservation of historic properties, that support the programs and services authorized in the National Historic Preservation Act, that strengthen community abilities for developing sound preservation projects, and that address the goals and objectives of the State Historic Preservation Plan. These federal grants are available through the Historic Preservation Fund, as authorized by the National Historic Preservation Act, appropriated by the U.S. Congress, and administered by the National Park Service, U.S. Department of the Interior.

(3)

Program Administration:

(a) The Georgia Department of Community Affairs- Historic Preservation Division (HPD) shall develop procedures, applications, forms, contracts, and other materials as necessary to administer the Historic Preservation Fund Grants program, which shall include, but not be limited to: establishing timelines and deadlines on an annual, cyclical basis for announcing grant application availability, application due date, project awards date, project reporting dates, and project completion date; developing application and project review procedures; establishing minimum requirements for project management of grants by recipients; developing guidance and informational materials, including providing definitions; and developing policies and procedures to rescind grant awards for non-performance and to re-award recaptured funds.

(b) Notice of the start of the grant cycle shall be posted by the first Friday in December through HPD's electronic newsletter, website posting, and by other means as determined appropriate by HPD. The notice shall include, at a minimum, a summary description of the grant program and eligibility and eligible activities requirements, date of application availability, deadline for submitting applications, and directions for obtaining an application.

(c) Grant application forms and instructions shall be available in electronic format; paper format application materials shall be available upon request.

(4)

Eligibility Requirements:

(a)

Eligible applicants include any designated Certified Local Government in Georgia, officially designated by the U.S. Department of the Interior, National Park Service.

1. Applicants must be current in their CLG Annual Report submittals.

(b)

Eligible project activities fall into three categories:

1. Survey and planning activities , including historic resource surveys, archaeological surveys, historic contexts, National Register nominations, preservation planning projects, and public education activities and as further defined in program application instructions.

Pre-development activities

, including plans and specifications, historic structure reports, feasibility studies, and other building-specific or site-specific preservation plans.

(i) Eligible resources for pre-development projects include historic properties such as buildings, structures, sites, districts, objects, and archaeological sites and as further defined in program application instructions.

Development activities

, including stabilization, preservation, rehabilitation, restoration, and archaeological investigation of historic properties; restoration and protection of historic landscaping; and archaeological site protection.

(i) Eligible resources for development projects include historic properties such as buildings, structures, sites, districts, objects, and archaeological sites and as further defined in program application instructions.

(ii) Ground disturbing activities shall require archaeological investigation to identify and locate any archaeological resources and to collect information to evaluate National Register eligibility prior to finalizing the development proposal.

(iii) Archaeological site protection and stabilization projects shall require resurvey of the site to confirm boundaries, location, and condition prior to finalizing plans and specifications for proposed treatments.

(iv) Properties and resources owned or controlled by a church, religious denomination, or sectarian institution are not eligible for development projects.

(c)

For development projects:

1. Properties must be listed, either individually or as a contributing property to a historic district, in the National Register of Historic Places prior to the awarding of funds; and

Prior completed pre-development documentation for the project property must be submitted with the application, including reports, plans, project design/architectural drawings, and specifications that:

(i) Are relevant and sufficient to assess the potential impact of the proposed work on the historic resource; and

(ii) Demonstrate conformity with the Secretary of the Interior's "Standards for the Treatment of Historic Properties."

History

• Authority: O.C.G.A. §§ 12-3-5, 12-3-32, 12-3-50.1, 12-3-50.2, 12-3-58
• History. Original Rule entitled "Historic Preservation Fund preservation grants program" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-5-.02 General Terms and Conditions

(a) Ten percent of the total annual Historic Preservation Fund allocation for Georgia must be awarded to Certified Local Governments. Individual grant award limits will be established and announced for each grant cycle based on available funding. Recipients must provide a cash or in-kind match equal to 40% of the approved total project cost, as defined by HPD.

(b) Recipients may be required to attend a grant workshop immediately after grant awards are announced.

(c) Grant-assisted project work must follow recognized applicable preservation standards and techniques as provided for in the Secretary of the Interior's Standards for Archeology and Historic Preservation. These include: 1) Standards and Guidelines for Preservation Planning, 2) Standards and Guidelines for Identification, 3) Standards and Guidelines for Evaluation, 4) Standards and Guidelines for Registration, 5) Standards and Guidelines for Historical Documentation, 6) Standards and Guidelines for Architectural and Engineering Documentation, 7) Standards and Guidelines for Archeological Documentation, 8) Standards for the Treatment of Historic Properties, 9) Standards and Guidelines for the Rehabilitation of Historic Buildings, and 10) Historic Preservation Professional Qualification Standards.

(d)

Recipients must execute a grant agreement with HPD and comply with all its provisions, including maintaining complete financial records for all activities covered by the grant agreement and providing an audited report after completion of the project.

1. Adequate progress toward completion of the project must be documented by the recipient and approved by HPD before payment of intermediate reimbursements.

2. Twenty (20) percent of the grant funds shall be withheld until HPD approval of the completed project.

(e) For projects receiving grant assistance for development activities, a preservation agreement will be executed to assure public access, maintenance, and compliance with preservation standards for five years from completion and approval of the project or as otherwise required by Federal regulations.

(f) Project planning and construction documents and work product shall be reviewed and approved by HPD under terms established by the grant agreement.

(g) Projects and/or project areas will be available for inspection by HPD staff during construction or the grant period, as applicable, and be facilitated by the grant recipient upon reasonable notice. Reasonable notice shall include pre-arranged scheduled visits, mutually agreed upon times, or 1-week notice of intent to visit by HPD staff.

(h) Non-compliance with (5) (a) through (g) above and any terms & conditions of the grant agreement may result in the rescission of the grant award.

History

• Authority: O.C.G.A. §§ 12-3-5, 12-3-32, 12-3-50.1, 12-3-50.2, 12-3-58
• History. Original Rule entitled "General Terms and Conditions" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-5-.03 Application Procedures

(a) Applicants shall make application to the Historic Preservation Division, Georgia Department of Community Affairs, by specified deadlines, on current federal fiscal year grant application forms, and in the manner and format provided for in the grant application instructions.

(b) At the sole discretion of HPD, a prior year submitted application for an unfunded project may be accepted in lieu of a current/new federal fiscal year application form, provided that the scope of the proposed project is unchanged and other information is current or updated, including project contact and administrator information, authorized signatures, and matching fund resolution.

History

• Authority: O.C.G.A. §§ 12-3-5, 12-3-32, 12-3-50.1, 12-3-50.2, 12-3-58
• History. Original Rule entitled "Application Procedures" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-5-.04 Evaluation & Selection Criteria

(a) Applications will be reviewed by a committee composed of HPD staff.

(b)

Proposed

Survey & Planning

projects shall be evaluated by the following criteria:

1. Project or activity is appropriate in relation to previous and/or future preservation activities

2. Project or activity is consistent with applicable preservation and/or professional standards and methodology

3. Project or activity fills demonstrated preservation need

4. Project or activity provides a public benefit

5. Project or activity is of a type identified by HPD as having a high priority for preservation assistance

6. Statewide distribution of projects in applicant pool

7. Urgency of need/degree to which the (potential) historic resource/area is threatened

8. Project or activity is an ongoing, recurring, or concluding project or activity that is identified by HPD as also beneficial to HPD programs/outreach activities

(c)

Proposed

Pre-development and Development

projects shall be evaluated by the following criteria:

1. Resource meets eligibility requirements

2. Project concept is appropriate for resource

3. Project design is consistent with applicable preservation and/or professional standards

4. Project fills demonstrated preservation need

5. Project provides a public benefit

6. Resource is exceptionally significant or one of a few surviving examples of an important type

7. Resource is of a type identified by HPD as having a high priority for preservation assistance

8. Statewide distribution of projects in applicant pool

9. Urgency of need/degree to which the historic resource is threatened

(d) Grants shall be awarded to the extent of established available funding based on HPD staff recommendations and subsequently approved by the Commissioner of the Georgia Department of Community Affairs or duly delegated authority.

History

• Authority: O.C.G.A. §§ 12-3-5, 12-3-32, 12-3-50.1, 12-3-50.2, 12-3-58
• History. Original Rule entitled "Evaluation & Selection Criteria" adopted. F. July 17, 2020; eff. August 6, 2020.

Subject 110-37-6 Georgia State Income Tax Credit Program for Rehabilitated Historic Property

Ga. Comp. R. & Regs. r. 110-37-6-.01 Definitions

For the purpose of this chapter, the following definitions shall apply:

(a) "Certified rehabilitation" as defined in O.C.G.A. Sec. 48-7-29.8 means "repairs or alterations to a certified structure which are certified by the Department as meeting the United States Secretary of Interior's Standards for Rehabilitation or the Georgia Standards for Rehabilitation" as provided in this chapter.

(b) "Certified structure" as defined in O.C.G.A. Sec. 48-7-29.8 means "a historic building or structure that is located within a national historic district, individually listed in the National Register of Historic Places, individually listed in the Georgia Register of Historic Places, or is certified by the Department as contributing to the historic significance of a Georgia Register Historic District; provided, however, that on and after January 1, 2026, such term, as it relates to historic homes, means a historic building or structure that is certified by the Department of Community Affairs as contributing to the historic significance of a listed National Register Historic District, individually listed on the National Register of Historic Places, is certified by the Department of Community Affairs as contributing to the historic significance of a listed Georgia Register Historic District, individually listed in the Georgia Register of Historic Places, or designated as a historic property or contributing to a district under local law and certified by the Department of Community Affairs as meeting National Register criteria."

(c) "Department" means the Department of Community Affairs.

(d) "Division" means the Historic Preservation Division of the Department of Community Affairs.

(e) "Final certification" means approval of a completed rehabilitation associated with review of a Rehabilitated Historic Property Application Form Part B and which meets the requirements of a certified rehabilitation.

(f) "Functionally related historically" means a group of buildings and/or structures judged by the Department to have been directly associated to serve an overall purpose or share an associative relationship within a designated or identifiable historic or operational period. Buildings and/or structures that are functionally related historically may or may not exhibit the same or similar functions, but will exhibit usages that are related within their historic contexts.

(g) "Georgia Register of Historic Places" or "Georgia Register" means the Georgia Register of districts, sites, buildings, structures, and objects significant in Georgia history, architecture, engineering, and culture. For the purposes of this chapter, reference to the Georgia Register shall also denote reference to the National Register of Historic Places.

(h) "Georgia State Income Tax Credit Program for Rehabilitated Historic Property" means the program established by O.C.G.A. Sec. 48-7-29.8 .

(i) "Historic building" or "historic structure" means a building or structure that is listed individually in the Georgia Register, or is located within a Georgia Register listed historic district and is certified by the Department, at the time of Rehabilitated Historic Property Application Form Part A evaluation, as contributing to the historic significance of that district. For purposes of the chapter, reference to "property" shall be interchangeable with historic building and historic structure where applicable within the context of a rule.

(j) "Historic District" means a geographically definable area, urban or rural, that possesses a significant concentration, linkage or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.

(k) "Historic Home" as defined in O.C.G.A. Sec. 48-7-29.8 means "a certified structure which, or any portion of which is or will, within a reasonable period, be owned and used as the principle residence of the person claiming the tax credit allowed under O.C.G.A. Sec. 48-7-29.8 . Historic home shall include any structure or group of structures that constitute a multifamily or multipurpose structure, including a cooperative or condominium. If only a portion of a building is used as such person's principal residence, only those qualified rehabilitation expenditures that are properly allocable to such portion shall be deemed to be made to a historic home."

(l) "Internal Revenue Code of 1986" is defined in O.C.G.A. Sec. 48-1-2 .

(m) "National historic district" means a historic district that is listed in the National Register of Historic Places.

(n) "Net Profit of the Sale" means the gain upon the sale determined based upon the Internal Revenue Code of 1986 with any adjustments required by Chapter 7 of Title 48 of the O.C.G.A. In the event the gain is deferred and or exempted based on provisions of the Internal Revenue Code of 1986, the deferral and or exemption shall be disregarded in determining the net profit of the sale.

(o) "Potential historic district" means a historic district that appears to meet Georgia Register criteria and possesses historic integrity based on current information, and for which listing in the Georgia Register is imminent.

(p) "Preliminary certification" means approval of a proposed rehabilitation, with conditions as applicable, associated with review of a Rehabilitated Historic Property Application Form Part A.

(q) "Principal residence" means the principal domicile of the taxpayer and not a secondary residence of the taxpayer.

(r) "Qualified rehabilitation expenditure" as defined in O.C.G.A. Sec. 48-7-29.8 means "qualified rehabilitation expenditure as defined by Section 47(c)(2) of the Internal Revenue Code of 1986 and any amount properly chargeable to a capital account expended in the substantial rehabilitation of a structure that by the end of the taxable year in which the certified rehabilitation is completed is a certified structure. This term does not include the cost of acquisition of the certified structure, the cost attributable to enlargement or additions to an existing building, site preparation, or personal property." For purposes of this chapter, for a historic home qualified rehabilitation expenditures shall include expenditure types defined by Section 47(c)(2) of the Internal Revenue Code of 1986 and allowed by Internal Revenue Service Regulation 1.48-12. Expenditures directly associated with the rehabilitation not incurred by the owner of the certified structure are not considered qualified rehabilitation expenditures.

(s) "Reasonable period" means a period not to exceed six months following the completion of the certified rehabilitation.

(t) "Receiving the Credit" means the last day of the taxable year in which the certified rehabilitation is completed.

(u) "Rehabilitated Historic Property" means property that qualifies for the credit provided by O.C.G.A. Sec. 48-7-29.8 .

(v) "Rehabilitation" means the process of returning or bringing a building or buildings to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the building(s) which are significant to its historic, architectural and cultural values. Repairs or alterations exclusively or principally associated with additions, updating kitchens and/or bathrooms, cosmetic finish treatments, or replacing building components at the end of their expected service life are not rehabilitations within the meaning of this definition.

(w) "Standards for Rehabilitation" or "Standards" means the United States Department of Interior's Standards for Rehabilitation provided by 36 CFR Part 67.7 or the Georgia Standards for Rehabilitation provided by Department of Community Affairs' rules.

(x) "State Historic Preservation Officer" (SHPO) means the official designated by the Governor of Georgia to administer the state's historic preservation program under the National Historic Preservation Act and O.C.G.A Sec. 12-3-50.1(c)(13) . SHPO may also refer to the agency that carries out the functions of the State Historic Preservation Officer, which for Georgia is the Historic Preservation Division of the Georgia Department of Community Affairs.

(y)

"Substantial rehabilitation" as defined in O.C.G.A. Sec.

48-7-29.8

means "rehabilitation of a certified structure for which the qualified rehabilitation expenditures, at least 5 percent of which must be allocable to the exterior during the 24 month period selected by the owner ending with or within the taxable year, exceed:

1. For a historic home, the lesser of $25,000 or 50 percent of the adjusted basis of the property at the beginning of the 24 month period as defined in subparagraph (a)(1)(B) of O.C.G.A. Sec. 48-5-7.2 , which is the fair market value as determined by the county tax assessor; or, in the case of a historic home located in a target area, $5,000; or

2. For any other certified structure, the greater of $5,000 or the adjusted basis of the property at the beginning of the 24 month period."

3. For purposes of this chapter, substantial rehabilitation and substantially rehabilitated may also generally refer to project costs as meeting minimum expenditure requirements as defined in O.C.G.A. Sec. 48-7-29.8 and as provided in this chapter.

(z) "Target area" as defined in O.C.G.A. Sec. 48-7-29.8 means "a qualified census tract under Section 42 of the Internal Revenue Code of 1986, found in the United States Department of Housing and Urban Development document number N-94-3821; FR-3796-N-01." For purposes of this chapter, the Department of Housing and Urban Development may also be referred to as HUD.

History

• Authority: O.C.G.A. § 48-7-29.8
• History. Original Rule entitled "Definitions" adopted. F. July 17, 2020; eff. August 6, 2020.
• Amended: F. Aug. 16, 2022; eff. Sep. 5, 2022.
• Amended: F. June 30, 2025; eff. July 20, 2025.

Ga. Comp. R. & Regs. r. 110-37-6-.02 Program Administration

(1) The Historic Preservation Division of the Georgia Department of Community Affairs shall develop applications, forms, and other materials as necessary to administer eligibility and certification for the Georgia State Income Tax Credit Program for Rehabilitated Historic Property provided by O.C.G.A. § 48-7-29.8 .

(2) The Division may utilize any relevant guidance materials for use in reviewing projects and providing guidance to applicants.

History

• Authority: O.C.G.A. § 48-7-29.8
• History. Original Rule entitled "Program Administration" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-6-.03 Program Benefits and Limitations; Substantial Rehabilitation

(1)

The amount of the credit shall be determined pursuant to O.C.G.A. Sec.

48-7-29.8

.

(a) For all certified rehabilitations the amount of the credit equals 25% of qualified rehabilitation expenditures.

(b) For certified rehabilitation of a historic home in a HUD designated target area the amount of the credit equals 30% of qualified rehabilitation expenditures.

(2)

Effective for tax years beginning on or after January 1, 2009:

(a)

The amount of the credit for a certified rehabilitation of a historic home may not exceed $100,000 in any 120 month (10-year) period.

1. If only a portion of a historic home is used as the owner's principal residence, only those qualified rehabilitation expenditures that are properly allocable to such portion shall be deemed to be made to a historic home. The expenditures that then are allocable to the remainder of the building are not eligible for the credit.

2. In the case of a certified rehabilitation of a historic home that is a unit of a multifamily or multipurpose structure or group of structures the credit for the entire certified structure is limited to $100,000. In this situation the $100,000 credit shall be allocated between the owners based upon the qualified rehabilitation expenditures of each owner.

(b)

The amount of the credit for a certified rehabilitation of a certified structure, excluding historic homes, may not exceed $300,000 in any 120 month (10-year) period.

1. Individual buildings within a group of buildings listed in the Georgia Register as an individual property/building(s), judged by the Department to be functionally related historically and with distinct primary/secondary hierarchical and proportional relationships, are collectively a single certified structure. Accordingly, the credit for the certified structure in aggregate is limited to $300,000.

2. Individual buildings within a group of buildings listed in the Georgia Register as an individual property/building(s), judged by the Department to be functionally related historically and without distinct primary/secondary hierarchical and proportional relationships, may be separately eligible for the credit.

3. Individual buildings within a group of buildings determined to be contributing to a Georgia Register listed historic district, judged by the Department to be functionally related historically and with distinct primary/secondary hierarchical and proportional relationships, are collectively a single certified structure. Accordingly, the credit for the certified structure in aggregate is limited to $300,000.

4. Individual buildings within a group of buildings determined to be contributing to a Georgia Register-listed historic district, judged by the Department to be functionally related historically and without distinct primary/secondary hierarchical and proportional relationships, may be separately eligible for the credit.

5. In the case of a certified rehabilitation of a certified structure with multiple units and ownership, the credit for the entire certified structure is limited to $300,000. In this situation the $300,000 credit shall be allocated between the owners based upon the qualified rehabilitation expenditures of each owner.

(c)

The aggregate amount of credits for certified rehabilitations, including historic homes, earning and applying for $300,000 or less in credits may not exceed $5,000,000 in calendar year 2022.

1. Assignment and award of credits shall be in accordance with rules and procedures established by the Department of Revenue.

2. Determination and assignment of actual amount of available credit for an individual project shall be in accordance with rules and procedures established by the Department of Revenue.

(3)

Effective for certified rehabilitations completed on or after January 1, 2017 and on or before December 31, 2029:

(a)

The amount of the credit for a certified rehabilitation of a certified structure, excluding historic homes, may not exceed $5,000,000 in any 120 month (10-year) period during which time only a single application for any individual certified structure may be approved if the amount of credits received is greater than $300,000.

1. Individual buildings within a group of buildings listed in the Georgia Register as an individual property/building(s), judged by the Department to be functionally related historically and with distinct primary/secondary hierarchical and proportional relationships, are collectively a single certified structure. Accordingly, the credit for the certified structure in aggregate is limited to $5,000,000.

2. Individual buildings within a group of buildings listed in the Georgia Register as an individual property/building(s), judged by the Department to be functionally related historically and without distinct primary/secondary hierarchical and proportional relationships, may be separately eligible for the credit.

3. Individual buildings within a group of buildings determined to be contributing to a Georgia Register listed historic district, judged by the Department to be functionally related historically and with distinct primary/secondary hierarchical and proportional relationships, are collectively a single certified structure. Accordingly, the credit for the certified structure in aggregate is limited to $5,000,000.

4. Individual buildings within a group of buildings determined to be contributing to a Georgia Register-listed historic district, judged by the Department to be functionally related historically and without distinct primary/secondary hierarchical and proportional relationships, may be separately eligible for the credit.

5. In the case of a certified rehabilitation of a certified structure with multiple units and ownership, the credit for the entire certified structure is limited to $5,000,000. In this situation the $5,000,000 credit shall be allocated between the owners based upon the qualified rehabilitation expenditures of each owner.

(b)

The amount of the credit for a certified rehabilitation of a certified structure, excluding historic homes, where the project creates 200 or more full-time, permanent jobs or $5,000,000 in annual payroll within two years of the placed in service date may not exceed $10,000,000 in any 120 month (10-year) period during which time only a single application for any individual certified structure may be approved.

1. Individual buildings within a group of buildings listed in the Georgia Register as an individual property/building(s), judged by the Department to be functionally related historically and with distinct primary/secondary hierarchical and proportional relationships, are collectively a single certified structure. Accordingly, the credit for the certified structure in aggregate is limited to $10,000,000.

2. Individual buildings within a group of buildings listed in the Georgia Register as an individual property/building(s), judged by the Department to be functionally related historically and without distinct primary/secondary hierarchical and proportional relationships, may be separately eligible for the credit.

3. Individual buildings within a group of buildings determined to be contributing to a Georgia Register-listed historic district, judged by the Department to be functionally related historically and with distinct primary/secondary hierarchical and proportional relationships, are collectively a single certified structure. Accordingly, the credit for the certified structure in aggregate is limited to $10,000,000.

4. Individual buildings within a group of buildings determined to be contributing to a Georgia Register-listed historic district, judged by the Department to be functionally related historically and without distinct primary/secondary hierarchical and proportional relationships, may be separately eligible for the credit.

5. In the case of a certified rehabilitation of a certified structure with multiple units and ownership, the credit for the entire certified structure is limited to $10,000,000. In this situation the $10,000,000 credit shall be allocated between the owners based upon the qualified rehabilitation expenditures of each owner.

(4)

The aggregate amount of credits may not exceed:

(a) $25,000,000 in each calendar year 2017 through 2022 for certified rehabilitations earning and applying for more than $300,000 in credits

(b) $5,000,000 in calendar year 2022 for certified rehabilitations earning and applying for $300,000 or less in credits, including historic homes

(c) $5,000,000 in each calendar year 2023 through 2029 for certified rehabilitations earning and applying for $100,000 or less in credits for historic homes

(d) $30,000,000 in each calendar year 2023 through 2029 for certified rehabilitations, excluding historic homes.

(5) Assignment and award of credits shall be in accordance with rules and procedures established by the Department of Revenue.

(6) Determination and assignment of actual amount of available credit for an individual project shall be in accordance with rules and procedures established by the Department of Revenue.

(7) Assignment, sale, or transfer of tax credits provided by O.C.G.A Sec. 48-7-29.8 shall be in accordance with rules and procedures established by the Department of Revenue.

(8)

Substantial rehabilitation of a certified structure requirements:

(a)

Qualified rehabilitation expenditures for substantial rehabilitation purposes must be expended during a continuous 24 month period selected by the taxpayer.

For phased projects a 60 month period may be substituted for the 24 month period.

(i) Phased projects must be identified at preliminary certification application.

(b) A minimum of 5 percent of qualified rehabilitation expenditures for substantial rehabilitation purposes must be allocable to the exterior of the certified structure.

(c)

For a historic home the qualified rehabilitation expenditures for substantial rehabilitation purposes must exceed the lesser of $25,000 or 50 percent of the adjusted basis of the property at the beginning of the 24 month period, as defined in subparagraph (a)(1)(B) of O.C.G.A. Sec.

48-5-7.2

, which is the fair market value of the building (exclusive of the land) as determined by the county tax assessor.

1. For a historic home located in a target area the qualified rehabilitation expenditures for substantial rehabilitation purposes must be at least $5,000.

(d) For any other certified structure the qualified rehabilitation expenditures for substantial rehabilitation purposes must exceed the greater of $5,000 or the adjusted basis of the property as of the beginning of the 24 month period (60 month period for phased projects). For purposes of this subparagraph, the term "adjusted basis of the property" means the same as used in the Internal Revenue Code of 1986 (exclusive of the land), which is the basis used to determine gain or loss upon sale or disposition exclusive of the land.

(e)

Qualified rehabilitation expenditures may only be counted once in determining substantial rehabilitation or determining the amount of the credit.

1. More than one entity may not claim a credit for the same qualified rehabilitation expenditures.

(9) For purposes of the Georgia State Income Tax Credit Program for Rehabilitated Historic Property, no costs pertaining to new additions to the certified structure(s) or new construction adjacent to or related to the certified structure(s) shall be considered a qualified rehabilitation expenditure or be recoverable as a tax credit.

History

• Authority: O.C.G.A. § 48-7-29.8
• History. Original Rule entitled "Program Benefits and Limitations; Substantial Rehabilitation" adopted. F. July 17, 2020; eff. August 6, 2020.
• Amended: F. Aug. 16, 2022; eff. Sep. 5, 2022.
• Amended: F. June 30, 2025; eff. July 20, 2025.

Ga. Comp. R. & Regs. r. 110-37-6-.04 Requirements for Preliminary and Final Certification of Rehabilitated Historic Properties; Certification Procedures

(1)

In order to be eligible for certification as rehabilitated historic property:

(a) A property must be a certified structure; and

(b) The rehabilitation must be a certified rehabilitation; and

(c) A property must be substantially rehabilitated.

(2)

Who may apply:

(a) Ordinarily, only the fee simple owner of the property in question may apply for the certifications described in this chapter. If someone other than the fee simple owner makes an application for an evaluation of significance or rehabilitation project, the application must be accompanied by a written statement from the fee simple owner indicating that he or she is aware of the application and has no objection to the request for certification.

(b) Owners of Historic Home properties that are not listed in the Georgia Register but are contributing to a local district do not need to obtain a preliminary determination from the Department because they fall under the local district laws.

(c)

Owners of properties which appear to meet the Georgia Register criteria but are not yet listed in the Georgia Register of Historic Places or which are located within potential historic districts may request preliminary determinations from the Department as to whether such properties may qualify as certified structures when and if the properties or the potential historic districts in which they are located are listed in the Georgia Register. Preliminary determinations may also be requested for properties within the boundaries, but outside the period or area of significance of a Georgia Register-listed historic district.

Procedures for obtaining these determinations shall be the same as those described in Rule

110-37-6-.05

. Such determinations are preliminary.

(i) Preliminary determinations of significance will become final as of the date of the listing of the individual property or potential district in the Georgia Register.

(ii) For properties outside the period or area of significance of a Georgia Register-listed historic district, preliminary determinations of significance will become final when the district documentation on file with the Department is formally amended.

(iii) If during review of a request for certification of rehabilitation the Department determines that the property does not contribute to the significance of the district because of changes which occurred after the preliminary determination of significance was made, certified structure designation will be denied.

(d) Owners of properties not yet designated certified structures may obtain determinations from the Department on whether or not rehabilitation proposals meet the Standards for Rehabilitation. Such determinations will be made only when the owner has requested a preliminary determination of the significance of the property as described in this paragraph and such request for determination has been acted upon by the Department. Final certifications of rehabilitation will be issued only to owners of certified structures.

(3)

Requests for certifications of historic significance and rehabilitation and certification by the owner of the substantial rehabilitation shall be made by submitting a Rehabilitated Historic Property Application.

(a)

Part A - Preliminary Certification must be submitted to request certification of historic significance or to request a preliminary determination of significance, and in providing preliminary certification approval of proposed or ongoing rehabilitation work.

Owners must include adequate documentation as established by the Division for each request, in accordance with information requested in the application and instructions, in order for the application to be processed. Such documentation includes, but is not limited to:

(i) Name and mailing address of owner;

(ii) Name and address of property;

(iii) Name of historic district;

(iv)

Photographs representing the condition and appearance of the property (building, site and landscape features) immediately prior to the start of rehabilitation work; photographs at the time of Part A application if rehabilitation activity has been started or completed; photograph(s) showing the property along with adjacent properties, buildings and/or structures on the street; and photographs of interior features and spaces adequate to document significance and integrity;

(I) Photo-keys depicting locational information about the views provided in the photographs.

(II) Additional photographs may be required, as determined by the Department.

(v) Brief description of the condition and appearance immediately prior to the start of rehabilitation work, including alterations, distinctive features and spaces, and date(s) of construction;

(vi) Brief statement of significance summarizing how the property does or does not reflect the values that give the district in which it is located its distinctive historical and visual character, and/or explaining any significance attached to the property itself (i.e., unusual building techniques, important event that took place there, etc.);

(vii) Sketch map clearly delineating property's location;

(viii) Signature of fee simple owner requesting or concurring in a request for evaluation;

(ix) Descriptions of existing conditions and all work associated with the rehabilitation; and

(x) Plans and other drawings providing visual information about project scope and details.

(xi) In addition to the above application materials, Historic Home applications for properties that are not listed in the Georgia Register but are contributing to a local district must also provide a copy of the local designation, any associated maps, narratives, and photographs.

2. Determination that the structure is a certified structure must be confirmed before any proposed rehabilitation work is certified.

3. Reviews of rehabilitation projects will not be undertaken if the owner has objected to the listing of the property in the Georgia Register.

(b) Part B - Final Certification must be submitted to request final certification of a completed project. Approval of Part B certifies that the documented rehabilitation meets the Standards, constitutes a certification of completed rehabilitation work and indicates that the Department has certified that the owner has certified that the rehabilitation project for a certified structure is a substantial rehabilitation, as described in Rule 110-37-6-.03 . Information contained in the application is required to obtain a benefit.

(c) Amendment forms must be submitted to request approval of changes to the project subsequent to preliminary certification, request approval of individual project phases, or document changes to the property after final certification for a period of three (3) years.

(4)

Reviews of certification requests are processed upon receipt of a complete, adequately documented application, as defined in Rule

110-37-6-.05

and Rule

110-37-6-.07

. Where adequate documentation is not provided, the owner will be notified of the additional information needed to undertake or complete review.

(a) In the event the review of the certification is not completed by the due date of the income tax return (including extensions if applicable), the credit provided by O.C.G.A. Sec. 48-7-29.8 shall not be claimed on the original income tax return filed by the taxpayer. However, when certification is completed the taxpayer shall be entitled to claim the credit provided by O.C.G.A. Sec. 48-7-29.8 on an amended income tax return for the taxable year in which the certified rehabilitation is completed and if applicable shall be entitled to receive a refund subject to the limitations provided in O.C.G.A. Sec. 48-2-35 .

(5)

Approval of applications and amendments to applications is conveyed only in writing by duly authorized officials of the Division acting on behalf of the Department.

(a) Decisions with respect to certifications are made on the basis of the descriptions contained in the application form and other available information. In the event of any discrepancy between the application and any accompanying information submitted with it (such as architectural plans, drawings, specifications, etc.), the owner shall be requested to resolve the discrepancy in writing. In the event the discrepancy is not resolved, the description in the application form shall take precedence.

(6)

Certification of substantial rehabilitation of a certified structure requirements:

(a)

Owners must certify to the Department that the rehabilitation project for a certified structure is a substantial rehabilitation. When certifying the substantial rehabilitation, the owner shall submit a Part B application and provide:

1. Certification that the rehabilitation project for a certified structure is a substantial rehabilitation; and

2. The amount of the qualified rehabilitation expenditures incurred in the substantial rehabilitation; and

3. For a historic home, the adjusted basis as defined in Rule 110-37-6-.03(5)(c) ; and

4. For any other certified structure, the adjusted basis as defined in Rule 110-37-6-.03(5)(d) ; and

5. For a historic home, the date the home was first owned and used as the principal residence, whether the historic home is currently being used as such, and if the historic home is not yet being owned and used as the principal residence, the date on which it will be; and

6. Any other information determined necessary by the Department.

(b) The Department shall certify that the owner has completed this certification.

(c) The certification of substantial rehabilitation by the owner and the amount of the qualified rehabilitation expenditures incurred in the substantial rehabilitation shall be subject to examination by the Department of Revenue. At the request of the Department of Revenue, the owner shall make available the documents that support the substantial rehabilitation and the qualified rehabilitation expenditures incurred in the substantial rehabilitation. The Department of Revenue shall have the authority to disallow the credit provided by O.C.G.A. Sec. 48-7-29.8 based on this examination or based on the failure to provide the documents requested.

(7) On or after January 1, 2026, Historic Home applications for properties that are locally designated as contributing to a local historic district or individually listed as part of a local historic district must submit materials documenting local designation, as defined in the application.

(8)

Applications describing projects that are not rehabilitations or are lacking necessary information shall not be processed.

(a) An application returned to the property owner because the project is not a rehabilitation or for lack of necessary information must be resubmitted in order to be processed and include all necessary information and other requirements to comprise a complete application that describes a rehabilitation as defined in this chapter.

History

• Authority: O.C.G.A. § 48-7-29.8
• History. Original Rule entitled "Requirements for Preliminary and Final Certification of Rehabilitated Historic Properties; Certification Procedures" adopted. F. July 17, 2020; eff. August 6, 2020.
• Amended: F. June 30, 2025; eff. July 20, 2025.

Ga. Comp. R. & Regs. r. 110-37-6-.05 Certification of Historic Significance

(1)

Requests for certifications of historic significance should be made by the owner to determine:

(a) That a property is individually listed in the Georgia Register of Historic Places; or

(b) That a property for which individual listing in the Georgia Register is imminent appears, before the start of rehabilitation, to meet Georgia Register criteria and possess historic integrity; or

(c) That a property is located within a Georgia Register-listed historic district and contributes, before the start of rehabilitation, to the historic significance of such district; or

(d) That a property is located within a potential Georgia Register historic district and appears, before the start of rehabilitation, to contribute to the significance of such district.

(e) That a property is designated as a historic property or contributing to a district under local law and certified by the Department of Community Affairs as meeting National Register criteria.

(2)

To determine whether or not a property is individually listed or is part of a Georgia Register-listed historic district, the owner should contact the Division. To determine whether or not a property is designated as a historic property or contributing to a district under local law, the owner should contact the local governing body.

(a)

Owners of Historic Home properties that are contributing to a local district do not need to be listed in the Georgia Register of Historic Places. These properties are generally considered a certified structure so long as it is certified by the Department as meeting National Register criteria.

1. If a Historic Home is not designated as a historic property or contributing to a district under local law, the property must be individually listed in the Georgia Register, contributing to a Georgia Register-listed district, or follow the requirements set forth in O.C.G.A. Sec. 110-37-6.05(c) or 110-37-6.05(e).

(b) Properties individually listed in the Georgia Register are generally considered a certified structure, however, completion in full of a Part A - Preliminary Certification, according to the instructions accompanying the application, is required for the purposes of this program.

(c)

Applications for preliminary determinations of significance for individual listing must show how the property individually meets the Criteria for Evaluation of Properties for the Georgia Register, Rule

110-37-2-.02

.

1. Preliminary determination of significance by the Department does not constitute listing in the Georgia Register, nor does it constitute a certification of significance as required by law for state tax incentives under the Georgia State Income Tax Credit Program for Rehabilitated Historic Property.

2. If the property is not listed in the Georgia Register for procedural, substantive or other reasons, or if the significance and/or integrity of the property has been lost as a result of alterations or damage, these preliminary determinations of significance will not become final.

(d)

Properties located within the boundaries of Georgia Register-listed historic districts must be certified as contributing to the historic significance of the district at the time of Part A application for the purposes of this program. Completion in full of the Part A - Preliminary Certification according to the instructions accompanying the application is required.

1. If the significance and/or integrity of the property is lost as a result of alterations or damage during rehabilitation, this certification of significance will be jeopardized.

(e)

An application for a property located in a potential historic district must document how the district meets the criteria and how the property contributes to the significance of that district.

1. Confirmation by the Department of intent to nominate a potential historic district does not constitute listing in the Georgia Register, nor does it constitute a certification of significance as required by law for state tax incentives under the Georgia State Income Tax Credit Program for Rehabilitated Historic Property.

2. If the potential historic district is not listed in the Georgia Register for procedural, substantive or other reasons, or if the significance and/or integrity of the property has been lost as a result of alterations or damage, these preliminary determinations of significance will not become final.

(f)

A property that is within a Georgia Register-listed historic district but was constructed outside the period of significance or has no association with the areas of significance is usually considered non-contributing to the district. An application for a preliminary determination of significance for such a property could propose amendment of the district's Georgia Register listing. Such an application must document and justify expanded significance of the district and how the property contributes to the proposed expanded significance of the district.

1. Confirmation by the Department of intent to expand the significance of a historic district does not constitute listing in the Georgia Register, nor does it constitute a certification of significance as required by law for state tax incentives under the Georgia State Income Tax Credit Program for Rehabilitated Historic Property.

2. If the district documentation is not formally amended, or if the significance and/or integrity of the property has been lost as a result of alterations or damage, these preliminary determinations of significance will not become final.

3. For information on amending listings to the Georgia Register and additional information on the use of Georgia Register documentation, owners should contact the Division.

(3) Some properties include more than one building. In such cases, the owner must submit a single Part A - Preliminary Certification, which includes descriptions of the condition and appearance of all the buildings on the property immediately prior to the start of rehabilitation work. The Department will utilize the Standards for Evaluating Significance, as set forth in Rule 110-37-6-.06 , for the purpose of determining which of the buildings are of historic significance to the property.

(4)

The Department discourages the moving of historic buildings from their original sites. However, if a building is to be moved as part of a rehabilitation for which certification is sought, or if certification is sought for a building that has been relocated, the owner must follow different procedures depending on whether the building is individually listed in the Georgia Register or is within a Georgia Register-listed historic district, or for Historic Homes that are designated as a historic property or contributing to a district under local law. Moving a building may result in removal of the property from the Georgia Register or denial or revocation of a certification of significance; consequently, a moved building may, in certain circumstances, be ineligible for rehabilitation certification. Applicants should contact the Department for guidance regarding evaluations and certifications of historic significance for moved buildings or buildings that are proposed to be moved.

(a) Moved buildings or buildings proposed to be moved are reviewed by the Department in accordance with Rule 110-37-2-.03 .

(5) Certifications of significance will be made based on documentation of the property's condition and appearance immediately prior to the start of rehabilitation work in accordance with Rule 110-37-6-.04 .

History

• Authority: O.C.G.A. § 48-7-29.8
• History. Original Rule entitled "Certification of Historic Significance" adopted. F. July 17, 2020; eff. August 6, 2020.
• Amended: F. June 30, 2025; eff. July 20, 2025.

Ga. Comp. R. & Regs. r. 110-37-6-.06 Standards for Evaluating Significance

(1)

The Standards for Evaluating Significance shall be used in determining the significance of all properties for which a Part A- Preliminary Certification is received by the Department.

(a) Properties that consist of an individual building are reviewed by the Department to determine if they appear to meet Georgia Register criteria for significance and possess historic integrity by applying the Criteria for Evaluation of Properties for the Georgia Register, Rule 110-37-2-.02 .

(b)

Some properties consist of multiple buildings or structures whose concentration or continuity possesses greater historical significance than many of their individual component buildings and structures.

Properties that comprise multiple buildings will be reviewed by the Department to determine if they appear to meet Georgia Register criteria for significance and possess historic integrity by applying the Criteria for Evaluation of Properties for the Georgia Register, Rule

110-37-2-.02

.

(i)

This review will include a determination as to whether the property is most appropriately evaluated as a historic district or an individual property for the purposes of meeting Georgia Register criteria for significance. This determination will be made based on an assessment of the concentration or continuity of resources that comprise the property and the relationship of those resources, including but not limited to:

(I) Whether there are identifiable primary and secondary hierarchical and/or proportional relationships;

(II) Whether the property comprises multiple tax parcels;

(III) Whether the property is composed of elements with separate owners;

(IV) The acreage of the property and the relationship of that acreage to the property's historical significance;

(V) The relationship of the association between the property's resources to the property's historical significance; and

(VI) Additional related factors, as determined by the Department.

2. Buildings must be determined contributing to the significance of the individual property or district for the purposes of this program.

(c)

Properties located within Georgia Register-listed or potential historic districts, or for Historic Home Designated as contributing to a district under local law and certified by the Department of Community Affairs as meeting National register Criteria are reviewed by the Department to determine if they contribute to the significance of the listed or potential district.

1. A property contributing to the significance of a district is one which was present during the district's period of significance and which, by integrity of its historic location, design, setting, materials, workmanship, feeling and association adds to the district's sense of time and place and historical development.

2. A property not contributing to the significance of a district is one which was not present during the district's period of significance; or one which does not add to the district's sense of time and place and historical development; or one where the location, design, setting, materials, workmanship, feeling and association have been so altered or have so deteriorated that the overall integrity of the property has been irretrievably lost.

3. In the case of a Georgia Register-listed historic district or for Historic Homes as a district under local law for which no defined period of significance has been documented, properties that have been constructed within the past 50 years generally shall not be considered contributing to the significance of the district unless a strong justification concerning their historical or architectural relationship to the district is provided in the district's Georgia Register or local nomination documentation, or the significant historical attributes of the district are documented to be less than 50 years old and the property is documented as contributing to that significance.

(2)

If a nonhistoric surface material obscures some or all of a building's façade, the owner of the building must demonstrate that the underlying façade retains substantial historic integrity and the property otherwise contributes to the historic district in order to obtain a determination of significance.

(a) Demonstrating integrity may be achieved by removing a sufficient portion of the covering material or by other means as determined acceptable by the Department.

(b) Applicants should contact the Division for guidance.

(3) The Department shall determine the level of documentation necessary to evaluate the significance of a property. Determinations of significance and nonsignificance will be made on the basis of the application documentation, existing Georgia Register documentation (where applicable), and other available information as needed.

(4) If a property is designated as a historic property or contributed to a district under local law and certified by the Department of Community Affairs as meeting National Register Criteria, then no further certification is required. However, if a Historic Home is not designated as a historic property or contributing to a district under local law, the property must be individually listed in the Georgia Register, contributing to a Georgia Register-listed district, or follow the requirements set forth in O.C.G.A. 110-37-6.05(c) or 110-37-6.05(e).

(5) Historic Home applications for rehabilitation projects that begin after January 1, 2026 may be eligible as a certified structure if they are listed under local law as contributing to a designated historic district or individually listed as a historic structure and have been certified by the Department of Community Affairs as meeting National Register criteria.

History

• Authority: O.C.G.A. § 48-7-29.8
• History. Original Rule entitled "Standards for Evaluating Significance" adopted. F. July 17, 2020; eff. August 6, 2020.
• Amended: F. June 30, 2025; eff. July 20, 2025.

Ga. Comp. R. & Regs. r. 110-37-6-.07 Certifications of Rehabilitation

(1)

Owners who want rehabilitation projects for certified structures to be certified by the Department as being consistent with the historic character of the structure, and, where applicable, the district in which the structure is located, thus qualifying as a certified rehabilitation, shall comply with the following procedures:

(a)

Complete and submit Part A - Preliminary Certification according to instructions accompanying the application. The Part A Description of Rehabilitation section may describe a proposed rehabilitation project, a project in progress, or a completed project. Owners are strongly encouraged to submit the application prior to undertaking any rehabilitation work.

1. Owners who undertake rehabilitation projects without prior approval from the Department do so strictly at their own risk.

2. Because the circumstances of each rehabilitation project are unique to the particular certified structure involved, certifications that may have been granted to other rehabilitations are not specifically applicable and may not be relied on by owners as applicable to other projects.

(b)

Provide necessary documentation to understand the existing condition of the property immediately prior to the start of rehabilitation, including but not limited to:

1. Photographs representing the condition and appearance of the property immediately prior to the start of the rehabilitation, including interior and exterior views and views of its site and environment, must accompany the application;

2. Additional photo-documentation, such as current existing condition photographs for projects that have proceeded prior to application, as may be required by reviewing official;

3. Descriptions of existing conditions and all work associated with the rehabilitation;

4. Plans and other drawings providing visual information about project scope and details;

5. Other documentation, such as window surveys or technical details for specific treatments, as may be required by reviewing officials.

6. Where necessary documentation is not provided, review and evaluation may not be completed and a denial of certification will be issued on the basis of lack of information.

(c) Complete and submit amendment forms in accordance with paragraph (4) of this rule.

(d) Complete and submit Part B - Final Certification, according to instructions accompanying the application. All information requested on the Part B form must be furnished in order for the application to be processed. A project does not become a certified rehabilitation until it is completed and so designated by the Department.

(e)

Provide necessary documentation to understand the completed project, including:

1. Photographs representing the condition and appearance of the property at completion of the rehabilitation, including interior and exterior views and views of its site and environment, must accompany the application.

2. Other documentation determined necessary by reviewing officials and the Department of Revenue.

3. Where necessary documentation is not provided, review and evaluation may not be completed and a denial of certification will be issued on the basis of lack of information.

(2) A determination that the completed rehabilitation of a property not yet designated a certified structure meets the Standards for Rehabilitation does not constitute a certification of rehabilitation.

(3)

A rehabilitation project for certification purposes encompasses all work on the interior and exterior of the certified structure(s) and its site and environment, as determined by the Department, as well as related demolition or rehabilitation work which may affect the historic qualities, integrity or site, landscape features, and environment of the certified structure(s). More specific considerations in this regard are as follows:

(a) All elements of the rehabilitation project must meet the Standards; portions of the rehabilitation project not in conformance with the Standards may not be exempted.

(b) In general, an owner undertaking a rehabilitation project will not be held responsible for prior rehabilitation work not part of the current project, or rehabilitation work that was undertaken by previous owners or third parties. However, if the Department considers or has reason to consider that a project submitted for certification does not include the entire rehabilitation project subject to review hereunder, the Department may choose to deny a preliminary certification or to withhold a decision on such a certification.

(c) Conformance to the Standards will be determined on the basis of the application documentation and other available information by evaluating the property as it existed prior to the commencement of the rehabilitation project, regardless of when the property becomes or became a certified structure.

(d)

For rehabilitation projects involving more than one building where the buildings are judged by the Department to have been functionally related historically, certifications will be issued in accordance with Rule

110-37-6-.03

. In cases of common or interconnected ownership where buildings functionally related historically and without distinct primary/secondary hierarchical and proportional relationships are individually or concurrently rehabilitated, all final certifications are dependent on each rehabilitation being a certified rehabilitation.

1. Buildings that do not apply for the program that are rehabilitated within three (3) years of any other rehabilitation seeking final certification must also be or have been completed consistent with the Standards, as determined by the Department.

2. Denial of certification for a subsequent project after final certification of one or more other buildings or future work that is not consistent with the Standards may result in revocation of previously certified rehabilitations.

(e)

Demolition of a building as part of a rehabilitation project involving multiple buildings may result in denial of certification at preliminary certification.

In rehabilitation projects where the structures have been determined to be functionally related historically, demolition of a component may be approved, in limited circumstances, when:

(i) The component is outside the period of significance of the property, or

(ii)

The component is so deteriorated or altered that its integrity has been irretrievably lost; or

(I) A condemnation order may be presented as evidence of physical deterioration of a building. In certain cases it may be necessary for the owner to submit a structural engineer's report to help substantiate physical deterioration and/or structural damage. Guidance on preparing a structural engineer's report is available from the Division.

(iii) The component is a secondary one that generally lacks historic, engineering, or architectural significance or does not occupy a major portion of the site and persuasive evidence is present to show that retention of the component is not technically or economically feasible.

2. In projects where structures are not functionally related historically, related new construction which physically expands one certified structure undergoing rehabilitation and, therefore, directly causes the demolition of an adjacent structure will generally result in denial of certification of the rehabilitation at preliminary certification unless a determination has been made that the building to be demolished is not a certified structure.

(f) In situations involving rehabilitation of a certified structure in a historic district, the Department will review the rehabilitation project first as it affects the certified structure and second as it affects the district.

(g) In the event that an owner of a portion of a certified structure requests certification for a rehabilitation project related only to that portion, but that project is concurrent with or immediately subsequent to a larger rehabilitation project(s) for the certified structure, the Department's decision on the requested certification will be based on review of the overall rehabilitation project(s).

(h)

Rehabilitation projects expected to be completed in phases, including using the alternate 60-month period for meeting substantial rehabilitation requirements, must identify the project as a phased project on the Part A application form, include a summary description of the overall project and number and order of phases in the Description of Rehabilitation section, and supporting plans and other project documents should identify the project as phased.

1. Phased projects are considered a single rehabilitation. Accordingly, certification as a certified rehabilitation will not be issued until completion of the final phase.

(i)

In the event an owner choses to declare the project completed without completing all phases, the Department shall determine whether a certification as a certified rehabilitation may be issued.

(I)

Future work on previously completed or uncompleted phases of a certified rehabilitation must be reviewed and approved by the Department for a period of three (3) years after the later of the date the owner files their income tax return or the due date of the income tax return (including extensions). Failure of future work as meeting the Standards for Rehabilitation may result in certification as a certified rehabilitation being revoked. The Department shall notify the Department of Revenue of revocation of certification of a certified rehabilitation.

2. All phases of a phased project must meet the Standards for Rehabilitation.

(4) Upon receipt of a fully completed Part A application, the Department shall determine if the project is consistent with the Standards. If the project does not meet the Standards, the owner shall be advised of that fact in writing and, where possible, will be advised of necessary revisions to meet such Standards.

(5) Once a proposed or ongoing project has been approved, substantive changes in the work as described in the application must be brought promptly to the attention of the Department by written statement by using a Rehabilitated Historic Property Application Amendment Sheet. The Department will notify the owner in writing whether the revised project continues to meet the Standards. Oral approvals of revisions are not authorized or valid.

(6) If a proposed, ongoing, or completed rehabilitation project does not meet the Standards for Rehabilitation, an explanatory denial of certification letter will be sent to the owner. Accordingly, the credit provided by O.C.G.A. § 48-7-29.8 will not be allowed.

(7) Completed projects may be inspected by an authorized representative of the Department to determine if the work meets the Standards. The Department reserves the right to make inspections after completion of the rehabilitation and to revoke a certification if it is determined that the rehabilitation project was not undertaken as represented by the owner in his or her application and supporting documentation, or the owner, upon obtaining final certification, undertook further unapproved project work inconsistent with the Standards. The Department shall notify the Department of Revenue of revocation of certification of a certified rehabilitation.

(8)

A rehabilitated property not in conformance with the Standards will be removed from the Georgia Register when:

(a) The Department determines the property has lost those qualities that caused it to be individually listed.

(b)

The Department determines the property has lost those qualities that caused it to be designated a certified structure as a contributing property within a listed historic district.

1. A property that has lost those qualities which caused it to be designated a certified structure will be certified by the Department as a noncontributing property within a listed historic district.

(c) The Department shall notify the Department of Revenue of revocation of certification of a certified rehabilitation resulting from the removal of a property from the Georgia Register or certifying it as noncontributing.

History

• Authority: O.C.G.A. § 48-7-29.8
• History. Original Rule entitled "Certifications of Rehabilitation" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-6-.08 Standards for Rehabilitation

(1) The Georgia Standards for Rehabilitation are the criteria used to determine if a rehabilitation project qualifies as a certified rehabilitation. The intent of the Standards is to assist the long-term preservation of a property's significance through the preservation of historic materials and features. The Standards pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior of historic buildings. The Standards also encompass related landscape features and the building's site and environment, as well as attached, adjacent, or related new construction.

(2)

Projects meeting the Standards for Rehabilitation must be in accordance with the Standards individually and collectively, as applicable to existing conditions prior to the start of the project, proposed work, and completed work, to be determined a certified rehabilitation.

(a)

The following Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.

1. A property shall be used or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

(3) The quality of materials and craftsmanship used in a rehabilitation project must be commensurate with the quality of materials and craftsmanship of the historic building in question. Certain treatments, if improperly applied, or certain materials by their physical properties, may cause or accelerate physical deterioration of historic buildings. Inappropriate physical treatments include, but are not limited to: improper repointing techniques; improper exterior masonry cleaning methods; or improper introduction of insulation where damage to historic fabric would result. In almost all situations, use of these materials and treatments will result in denial of certification. Similarly, exterior additions that duplicate the form, material, and detailing of the structure to the extent that they compromise the historic character of the structure will result in denial of certification. For further information on appropriate and inappropriate rehabilitation treatments, owners are encouraged to consult the Division. Owners are responsible for procuring this material as part of property planning for a certified rehabilitation.

(4)

In certain limited cases, it may be necessary to dismantle and rebuild portions of a certified structure to stabilize and repair weakened structural members and systems. In such cases, the Department will consider such extreme intervention as part of a certified rehabilitation if:

(a) The necessity for dismantling is justified in supporting documentation;

(b) Significant architectural features and overall design are retained; and

(c) Adequate historic materials are retained to maintain the architectural and historic integrity of the overall structure.

(5) Owners are cautioned that the Standards require retention of distinguishing historic materials of external and internal walls as well as structural systems. In limited instances, rehabilitations involving removal of existing external walls, i.e., external walls that detract from the historic character of the structure such as in the case of a nonsignificant later addition or walls that have lost their structural integrity due to deterioration, may be certified as meeting the Standards for Rehabilitation.

(6) Prior approval of a project by the Department and/or local agencies and organizations does not ensure certification by the Department for state tax purposes.

(7) The qualities of a property and its environment which qualify it as a certified structure are determined taking into account all available information, including information derived from the physical and architectural attributes of the building; such determinations are not limited to information contained in Georgia Register or related documentation.

(8) To be a certified rehabilitation, a project must be determined by the Department to be consistent with the Standards and the historic character of the structure(s) and, where applicable, the district in which it is located.

History

• Authority: O.C.G.A. § 48-7-29.8
• History. Original Rule entitled "Standards for Rehabilitation" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-6-.09 Revocation and Recapture

(1)

The credit allowed for a certified rehabilitation is subject to revocation by the Department of Revenue in the event:

(a) The Department, on inspection within three years after completion of the project, determines that certification as a certified rehabilitation should be revoked because the project was not undertaken as represented by the owner in his or her application and supporting documentation, or the owner, upon obtaining final certification, undertook further unapproved project work inconsistent with the Standards.

(b) The Department, on inspection within three years after completion of the project, determines that certification as a certified structure should be revoked because the project was not undertaken as represented by the owner in his or her application and supporting documentation, or the owner, upon obtaining final certification, undertook further unapproved project work that caused the property to lose those qualities that caused it to be individually listed or designated a certified structure as a contributing property within a listed historic district.

(c) For circumstances described in subparagraph (1)(a) and (1)(b) of this rule, the owner shall reimburse the entire amount of the credit to the Department of Revenue.

(d) In the event revocation is required pursuant to this rule, the taxpayer shall file an amended income tax return within the latter of 60 days of revocation of certification as a certified rehabilitation or certified structure or final decision of an appeal.

(2)

The credit allowed for a certified rehabilitation is subject to recapture by the Department of Revenue in the event the owner of a historic home sells the property within three years of taking the credit.

(a)

The owner shall recapture the credit to the Department of Revenue as follows:

1. If the property is sold within one year of receiving the credit, the recapture amount will equal the lesser of the credit or the net profit of the sale;

2. If the property is sold within two years of receiving the credit, the recapture amount will equal the lesser of two-thirds of the credit or the net profit of the sale; or

3. If the property is sold within three years of receiving the credit, the recapture amount will equal the lesser of one-third of the credit or the net profit of the sale.

(b) The recapture provisions of this rule shall not apply to a sale by a nonprofit corporation of a historic home.

(c) The recapture provisions of this rule shall not apply to a sale resulting from the death of the owner.

(d) In the event recapture is required pursuant to this rule, the taxpayer shall file an amended income tax return within 60 days of the date the property is sold.

(3) Specific means of revocation and/or recapture of credits provided by O.C.G.A. § 48-7-29.8 by a taxpayer shall be in accordance with rules and procedures established by the Department of Revenue.

History

• Authority: O.C.G.A. § 48-7-29.8
• History. Original Rule entitled "Revocation and Recapture" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-6-.10 Effective Date

(1) The Georgia State Income Tax Credit Program for Rehabilitated Historic Property shall become effective as of January 1, 2004. Rehabilitation projects initiated before this date will not be considered for the Program under any circumstances.

(2) Georgia State Income Tax Credit Program for Rehabilitated Historic Property rules as amended shall be applicable to taxable years beginning on or after January 1, 2009. Certified rehabilitation projects completed after this date shall be subject to such amended rules and law that are in effect for taxable years beginning on or after January 1, 2009.

(3) Georgia State Income Tax Credit Program for Rehabilitated Historic Property rules as amended shall be become effective as of January 1, 2016 for projects applying for credits allowed by O.C.G.A. § 48-7-29.8(c)(2) , for projects where Part A - Preliminary Certification applications are received on or after January 1, 2016, or for projects where Part B - Final Certification applications are received on or after January 1, 2017 for projects completed on or after January 1, 2017.

(4) Rules in effect at the time any portion of O.C.G.A. § 48-7-29.8 is repealed by the General Assembly shall remain in effect for those portions of this chapter where they are still applicable.

History

• Authority: O.C.G.A. § 48-7-29.8
• History. Original Rule entitled "Effective Date" adopted. F. July 17, 2020; eff. August 6, 2020.

Ga. Comp. R. & Regs. r. 110-37-6-.11 Fees for Processing Certification Requests

(1)

For applications received by the Division prior to January 1, 2016:

(a) Fees are charged for reviewing Part A - Preliminary Certification Applications. The fee for review of proposed, ongoing, or completed rehabilitation projects is $50.00. If the applicant is applying for the Georgia Preferential Property Tax Assessment Program provided by O.C.G.A 48-5-7.2 and the Georgia State Income Tax Credit Program provided by O.C.G.A 48-7-29.8 , then the fee for review of proposed, ongoing, or completed rehabilitation projects is $75.00 for both programs.

(b) Payment shall be made when the application is submitted to the Division for review. Fees are payable by a cashier's check or money order or other electronic forms made available. Checks should be made payable to the Georgia Department of Community Affairs. Preliminary Certification decisions will not be issued on an application until the appropriate remittance is received. All fees are non-refundable.

(c) Each rehabilitation of an individual certified structure will be considered a separate project for purposes of computing fees.

(d) In the case of a rehabilitation project which includes more than one building where the buildings are judged by the Department to have been functionally related historically and with distinct primary/secondary hierarchical and proportional relationships and so collectively are a single certified structure, the fee is $50.00 or $75.00, whichever is applicable.

(2)

For applications received by the Division on or after January 1, 2016 or for projects that are applying for credits allowed by O.C.G.A. Sec.

48-7-29.8(c)(2)

:

(a)

Fees are charged for reviewing Part A - Preliminary Certification and Part B - Final Certification applications in accordance with the following schedule:

Project Qualified Rehabilitation Expenditures (QRE)

Part A - Preliminary Certification Review Fee

Part B - Final Certification Review Fee

$100,000 or under

$250

None

Over $100,000 up to $500,000

0.375% of estimated QRE

0.125% of actual QRE

Over $500,000

$1875 plus 0.75% of estimated QRE exceeding $500,000

$625 plus 0.25% of actual QRE exceeding $500,000

Maximum Total Fee for any single project shall not exceed $25,000 All projects over $100,000: 75% of the total review fee will be collected at Part A and the remainder (25%) will be collected at Part B

(b)

Payment shall be made upon invoice by the Division. Fees are payable only by a cashier's check or money order or other electronic forms made available. Checks should be made payable to the Georgia Department of Community Affairs.

1. Certification decisions will not be issued on an application until the appropriate remittance is received.

2. All fees are non-refundable.

(3)

Each rehabilitation of an individual certified structure will be considered a separate project for purposes of computing fees.

(a) In the case of a rehabilitation project which includes more than one building where the buildings are judged by the Department to have been functionally related historically and with distinct primary/secondary hierarchical and proportional relationships and so collectively are a single certified structure, the fee is computed using total qualified rehabilitation expenditures of all the buildings.

(4) For Part A - Preliminary Certification applications received prior to January 1, 2016 for projects where the completion date will be on or after January 1, 2017, Part A - Preliminary Certification review fees will be charged in accordance with paragraph (1) of this rule and Part B - Final Certification review fees will be charged in accordance with paragraph (2) of this rule.

History

• Authority: O.C.G.A. § 48-7-29.8
• History. Original Rule entitled "Fees for Processing Certification Requests" adopted. F. July 17, 2020; eff. August 6, 2020.
• Amended: F. Aug. 16, 2022; eff. Sep. 5, 2022.
• Amended: F. June 30, 2025; eff. July 20, 2025.

Chapter 110-38 Georgia State Small Business Credit Initiative 2.0 Program

Subject 110-38-1 Georgia State Small Business Credit Initiative 2.0 Program Regulations

Ga. Comp. R. & Regs. r. 110-38-1-.01 Name

The name of this program is the Georgia State Small Business Credit Initiative 2.0. This program is divided into five sub-programs as follows: the Georgia Loan Participation Program, the Georgia Small Business Credit Guarantee Program, the Georgia CDFI Program, the Georgia Venture Capital Program, and the Georgia Equity Direct Program.

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-8
• History. Original Rule entitled "Name" adopted. F. Mar. 20, 2023; eff. Apr. 9, 2023.

Ga. Comp. R. & Regs. r. 110-38-1-.02 General Scope and Purpose

(1)

The American Rescue Plan Act of 2021 (ARPA) reauthorized and amended the Small Business Jobs Act of 2010, codified at

12 U.S.C. § 5701

et seq., to provide $10 billion to fund the State Small Business Credit Initiative (SSBCI) as a response to the economic effects of the COVID-19 pandemic. SSBCI is a federal program administered by the Department of Treasury (Treasury) that was created to strengthen capital programs that support private financing to small businesses. Pursuant to ARPA, Treasury allocated a potential funding amount of $199,616,860 to the State of Georgia for SSBCI 2.0.

(a) On November 4, 2022, Treasury approved the State's application with an executed SSBCI Allocation Agreement (Allocation Agreement), which included proposals for five programs. The Georgia Department of Community Affairs (DCA) through the Georgia Housing and Finance Authority's (GHFA) [1] economic development powers and GHFA Economic Development Financing, Inc. (GHFA EDFI) plan to use the $199,616,860 in SSBCI funds (the Allocated Funds) in five state administered SSBCI Programs. Treasury approved the Georgia Loan Participation Program (GA LPP) for $70,000,000, the Georgia Small Business Credit Guarantee Program (SBCG) for $19,616,860, the Georgia CDFI Program (GA CDFI) for $60,000,000, the Georgia Venture Capital Program for $30,000,000 and the Georgia Equity Direct Program for $20,000,000.

(b) Operation of the five programs under the Georgia State Small Business Credit Initiative is subject to the U.S. Treasury SSBCI Capital Program Policy Guidelines, SSBCI Capital Program National Compliance Standards, SSBCI Capital Program Reporting Guidance, the Treasury- approved Georgia SSBCI application, and the Allocation Agreement between Treasury and Georgia. The last annual reporting date with Treasury is March 31, 2028, which may be extended by Treasury. The Secretary of Treasury shall complete all disbursements and remaining obligations before September 30, 2023, according to the SSBCI 2.0 statute under ARPA.

(c) DCA, as the lead SSBCI-designated implementing entity authorized pursuant to the Allocation Agreement, shall be responsible for overseeing the five approved programs and ensuring compliance of the programs with all Treasury requirements. The approved Contracted Entities under the Allocation Agreement are Georgia Housing and Finance Authority, GHFA Economic Development Financing, Inc. and IG Fund, LLC (Invest Georgia). Invest Georgia will operate under a memorandum of agreement with DCA and GHFA EDFI to administer the two venture capital programs - the Georgia Venture Capital Program and the Georgia Equity Direct Program.

(d) Pursuant to 12 U.S.C. § 5702(c)(1) , each state that is approved for participation in the SSBCI will receive its allocation of main capital funds in three disbursements (tranches) as follows: 33 percent, 33 percent, and 34 percent. The transfer of the first 33 percent occurs promptly following the receipt of the fully signed Allocation Agreement. As a precondition to receipt of the second and third disbursements, each state must, among other things, certify to Treasury that the state has expended, transferred, or obligated 80 percent or more of the prior disbursement of allocated funds to or for the account of one or more approved programs that have delivered loans or investments to eligible businesses.

(e) SSBCI is expected to, in conjunction with new small business financing, create billions of dollars in lending and investments to small businesses that are not getting the support they need to expand and create jobs. ARPA provided for a $6.5 billion main capital allocation, $1.5 billion allocation for business enterprises owned and controlled by socially and economically disadvantaged individuals (SEDI-owned businesses), $1.0 billion incentive allocation for SEDI- owned businesses, $500 million allocation for very small businesses (VSBs), and $500 million allocation for technical assistance funding. The $199,616,860 funding allocated to Georgia included $109,140,449 from the main capital allocation, $8,678,471 from the VSBs allocation, $53,346,483 from the SEDI allocation and $28,451,457 from the incentive allocation for SEDI-owned businesses. Each state's SEDI allocation must be expended for SEDI-owned businesses. Georgia was not required to create a separate program for SEDI-owned businesses. However, Georgia must maintain records of the total amounts of its SSBCI funds that are expended for SEDI-owned businesses for loans, investments, or other credit support. States that demonstrate "robust support" for SEDI-owned businesses will be able to access their incentive allocation for SEDI-owned businesses in the second and third tranches. Each state should aspire to expend a certain percentage (the SEDI Objective) of its SSBCI funds for meeting the needs of the SEDI-owned businesses within its jurisdiction. Georgia's SEDI Objective is 53.48%.

(f) Under Georgia's three SSBCI loan programs, credit facilities are extended to eligible small businesses in Georgia by lenders (banks, credit unions and CDFIs). Lenders will undergo a review process to ensure adequate commercial lending experience, financial and managerial capacity, and operational skills.

(2)

Scope and Purpose of the Georgia Loan Participation (GA LPP) Program.

The Georgia Loan Participation Program is designed to increase lending to eligible small businesses by lenders to diversify their risk through shared exposure with the State. Lenders approved for participation in GA LPP will sign a Master Loan Participation Agreement with GHFA Economic Development Financing, Inc. GHFA EDFI is a wholly owned subsidiary of GHFA and dedicated to economic development.

(a) GA LPP will utilize SSBCI funds to purchase up to 25% of a loan originated by a participating lender to an eligible small business borrower. Underwriting is performed by the primary lender, then shared with the Department of Community Affairs (DCA) to streamline the approval process of the purchased participation. The GA LPP can purchase up to 30% of a loan originated by a CDFI depository lending institution or a minority depository institution (MDI). A written commitment letter is executed between the primary lender and GHFA EDFI; the lender closes the loan and sells the position to GHFA/DCA. The primary lender performs debt servicing and shares proportional debt payments with DCA. Interest rates, maturity, collateral, and other loan terms are negotiated with the borrower and determined by the lender. GHFA/DCA will be in a subordinate lien position, and the primary lender will have first claim to all recoveries until its losses are covered.

(3) Scope and Purpose of the Small Business Credit Guarantee (SBCG) Program. Under the SBCG Program, credit facilities are extended to eligible small businesses by lenders that have entered into a Lender Program Participation Agreement (PPA) with GHFA EDFI. The PPA provides that qualifying lenders may enroll a qualified credit to an eligible small business in the credit guarantee program for eligible business purposes that meet the eligibility criteria described in 110-31-03. The SBCG Program will reimburse from SSBCI funds 50% of losses incurred on an enrolled credit by a lender that is not in material default of the PPA. Guarantee funds will generally be available to lenders on a first-come, first-served basis.

(4)

Scope and Purpose of the Georgia CDFI Program (GA CDFI).

The GA CDFI Program is a companion loan program among the non-depository Community Development Financial Institutions (CDFIs) and the private lending institutions. The program is designed to provide access to capital to small businesses in order to create job opportunities in low- to moderate-income, minority and other underserved communities. CDFIs will provide access to capital to the borrowers, gap financing for the banks, low interest rates and attractive terms. Georgia businesses will be able to receive significant incentive to start projects, expand operations, improve facilities, purchase equipment or access working capital. CDFIs are encouraged to participate in projects with a private leverage of 10:1, with no less than a private leverage of 1:1.

(a) Invest Georgia will administer the two venture capital programs as a Contracted Entity under a Memorandum of Agreement with DCA and GHFA EDFI. Invest Georgia is an instrumentality of the State of Georgia and has authority under O.C.G.A. § 10-10-10 to operate venture capital programs intended to increase the amount of private investment capital available for Georgia- based businesses.

(5) Scope and Purpose of the Georgia Venture Capital Program (GA VC Program). The GA VC Program will help grow venture capital for small businesses at the earliest stages of development, which Invest Georgia will operate as a multi-fund program. The Memorandum of Agreement with Invest Georgia will highlight the objectives of the GA VC Program including improving regional entrepreneurial and investment ecosystems that support economic growth, innovation development and job creation.

(6) Scope and Purpose of the Georgia Equity Direct Program. The Georgia Equity Direct Program will provide an attractive source of capital for investments in startups and eligible businesses. Investments will be made alongside diverse venture funds, non- profit seed funds, angel funds and other investors that present a compelling economic development case. Invest Georgia will manage the co-investment program, which will provide flexibility for supporting a diverse portfolio of small businesses.

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-8
• History. Original Rule entitled "General Scope and Purpose" adopted. F. Mar. 20, 2023; eff. Apr. 9, 2023.
• [1]
• The Department of Community Affairs (DCA) was created as a Department of the Executive Branch of state government. The Georgia Housing and Finance Authority is an instrumentality of the State of Georgia and a public corporation performing an essential governmental function. GHFA is assigned to DCA, and all operations are performed by the personnel of DCA. GHFA is listed as a Contracted Entity on the Georgia SSBCI Application.

Ga. Comp. R. & Regs. r. 110-38-1-.03 Eligible Applicants and Activities

Each lender or investor must obtain an assurance from the borrower affirming:

(1) The loan or investment proceeds must be used for a "business purpose." A business purpose includes, but is not limited to, start-up costs, working capital, franchise fees, and acquisition of equipment, inventory, or services used in the production, manufacturing, or delivery of a business's goods or services, or in the purchase, construction, renovation, or tenant improvements of an eligible place of business that is not for passive real estate investment purposes. SSBCI funds may be used to purchase any tangible or intangible assets except goodwill. The term "business purpose" excludes acquiring or holding passive investments in real estate; the purchase of securities except as permitted in certification (2)(d) below; and lobbying activities (as defined in Section 3 (7) of the Lobbying Disclosure Act of 1995, P.L. 104-65 , as amended ( 2 U.S.C. § 1602(7) ).

(2)

The loan or investment proceeds will not be used to:

(a) repay delinquent federal or state income taxes unless the borrower or investee has a payment plan in place with the relevant taxing authority; or

(b) repay taxes held in trust or escrow, e.g., payroll or sales taxes; or

(c) reimburse funds owed to any owner, including any equity investment or investment of capital for the business' continuance; or

(d) purchase any portion of the ownership interest of any owner of the business, except for the purchase of an interest in an employee stock ownership plan qualifying under section 401 of the Internal Revenue Code, worker cooperative, or related vehicle, provided that the transaction results in the employee stock ownership plan or other employee-owned entity holding a majority interest (on a fully diluted basis) in the business.

(3)

For a borrower participating in the loan/credit program only, the borrower is not:

(a) an executive officer, director, or principal shareholder of the lender;

(b) a member of the immediate family of an executive officer, director, or principal shareholder of the lender: or

(c) related interest or immediate family of an executive officer, director, or principal shareholder of the lender.

(4)

The borrower or investee is not:

(a) a business engaged in speculative activities that profit from fluctuations in price, such as wildcatting for oil and dealing in commodities futures, unless those activities are incidental to the regular activities of the business and part of a legitimate risk management strategy to guard against price fluctuations related to the regular activities of the business through the normal course of trade; or

(b) a business that earns more than half of its annual net revenue from lending activities; unless the business is (1) a CDFI that is not a depository institution or a bank holding company; or (2) a Tribal enterprise lender that is not a depository institution or a bank holding company; or

(c) a business engaged in pyramid sales, where a participant's primary incentive is based on the sales made by an ever-increasing number of participants; or

(d) a business engaged in activities that are prohibited by federal law or, if permitted by federal law, applicable law in the jurisdiction where the business is located or conducted (this includes businesses that make, sell, service, or distribute products or services used in connection with illegal activity, unless such use can be shown to be completely outside of the business's intended market); this category of businesses includes direct and indirect marijuana businesses, as defined in SBA Standard Operating Procedure 50 10 6; or

(e) a business deriving more than one-third of gross annual revenue from legal gambling activities.

(5)

For an investee participating in a venture capital/equity program:

(a) The investee is compliant with the venture capital program conflict of interest standards set forth in section VIII.f of the SSBCI Capital Program Policy Guidelines. Briefly, these standards provide that no SSBCI insider, or a family member or business partner of an SSBCI insider, has a personal financial interest in the investee unless an exception specified in Section VIII.f of the SSBCI Capital Program Policy Guidelines applies. The terms "SSBCI insider," "family member," "business partner," and "personal financial interest" have the meaning set forth in Section VIII.f of the SSBCI Capital Program Policy Guidelines.

(b) No principal of the investee has been convicted of a sex offense against a minor (as such terms are defined in 34 U.S.C. § 20911 ). For the purposes of this certification, "principal" is defined as if a sole proprietorship, the proprietor; if a partnership, each managing partner and each partner who is a natural person and holds 50 percent or more ownership interest of any class of the partnership interests; if a corporation, limited liability company, association, development company, or other entity, each director, each of the five most highly compensated executives or officers of the entity, and each natural person who is a direct or indirect holder of 50 percent or more of any class of equity interest in the entity; and if a partnership where the managing partner is a corporation, limited liability company, association, development company, or other entity, each director and each of the five most highly compensated executives or officers of the entity.

(6) No principal of the borrowing entity has been convicted of a sex offense against a minor (as such terms are defined in 34 U.S.C. § 20911 ). For the purposes of this certification, "principal" is defined as if a sole proprietorship, the proprietor; if a partnership, each partner; if a corporation, limited liability company, association, development company, or other entity, each director, each of the five most highly compensated executives, officers, or employees of the entity, and each direct or indirect holder of 20 percent or more of the ownership stock or stock equivalent of the entity.

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-8
• History. Original Rule entitled "Eligible Applicants and Activities" adopted. F. Mar. 20, 2023; eff. Apr. 9, 2023.

Ga. Comp. R. & Regs. r. 110-38-1-.04 Terms and Conditions

The following are the general terms and conditions of the five programs for the Georgia State Small Business Credit Initiative.

(1)

Georgia Loan Participation Program (GA LPP)

(a) A Master Loan Participation Agreement is executed between an approved participating lender and GHFA EDFI.

(b) The approved participating lender originates the loan. DCA/GHFA EDFI through GA LPP may purchase up to 25% on loans up to $5 million and may purchase up to 30% on loans from a CDFI depository lending institution and minority depository institutions (MDIs) up to $5 million. There is a concentration limit of $5 million to any one borrower.

(c) Underwriting is performed by the primary lender and shared with DCA to streamline the approval process of the purchased participation.

(d) A written commitment letter is executed between the primary lender and GHFA EDFI.

(e) The lender closes the loan and sells the position to DCA/GHFA EDFI.

(f) The lender keeps all its standard fees.

(g) Loan servicing is performed by the primary lender, which shares proportional debt payments with DCA/GHFA EDFI.

(h) DCA/GHFA EDFI will be in a subordinate lien position, and the primary lender will have first claim to all recoveries until its losses are covered.

(i) Rates, fees, and terms are determined by the primary lender. There are no additional fees to use the GA LPP.

(j) DCA/GHFA EDFI may provide a lower interest rate than the primary lender for a limited period of time in order to improve the borrower's debt coverage ratio.

(k) The primary lender has the unconditional right to repurchase the participation sold in the original loan to DCA/GHFA EDFI at any time.

(l) GA LPP will target businesses with an average borrower size of 500 employees or less, but credit cannot be extended to businesses with more than 750 employees. Average projected loan size is between $100,000 and $5,000,000.

(2)

Georgia Small Business Credit Guarantee (SBCG) Program

(a) A Lender Program Participation Agreement is executed between an approved participating lender and GHFA EDFI.

(b) The SBCG Program will provide a 50% loan guarantee on a lender's loan. Each loan covered under the SBCG Program will stand alone with a maximum guarantee of 50%.

(c) Underwriting is performed by the primary lender and shared with DCA to streamline the approval process.

(d) Lenders will pay a processing fee as determined by DCA for all loans submitted for enrollment.

(e) The SBCG Program will charge a flat fee of 1% upfront of the guarantee amount on lines of credit with a two-year term and a flat fee of 2% of the guarantee amount on term loans with a maturity of five years. For all loans, the fee will be paid at the time of the loan closing. The fee structure may be modified in response to program sustainability or market conditions.

(f) The maximum individual loan amount eligible for the SBCG guarantee is $1,000,000 with a 50% maximum guarantee of $500,000. DCA/GHFA EDFI may consider loans greater than the $1,000,000 maximum; however, the maximum amount of the guarantee will remain at $500,000.

(g) Lender Concentration Limit - The maximum guarantees that may be set aside at any time with respect to a single borrower is $5,000,000.

(h) The maximum term for SBCG guarantee on lines of credit will generally be 24 months.

(i) The maximum term for SBCG guarantee on amortizing loans will generally be 60 months.

(j) The SBCG is a deficiency guarantee; lenders must first liquidate collateral before claiming the guarantee.

(k) SBCG will target businesses with an average borrower size of 500 employees or less, but credit cannot be extended to businesses with more than 750 employees.

(3)

Georgia CDFI Program (GA CDFI)

(a) Qualified non-profit, non-depository CDFIs will be able to participate in the GA CDFI Program.

(b) Each CDFI approved to participate as a lender will enter into a performance-based contract arrangement with DCA/GHFA EDFI.

(c) The CDFI will receive and review eligible loan requests, then forward appropriate paperwork to DCA for final review and approval.

(d) Funds will be advanced to the CDFIs on a loan-by-loan basis, and the CDFI, in turn, will then make the loan to the eligible business. The CDFI will be deemed the lender and holder of the loans for purposes of its books and records. All principal and other payments from the loan may be retained by the CDFI to be used for additional eligible loans under the GA CDFI Program. Interest earned may be used to pay for SSBCI- related expenses in accordance with Treasury Guidelines.

(e) Loans may be for working capital, equipment, real estate, and other eligible activities under Treasury Guidelines.

(f) CDFIs are encouraged to offer lower interest rates than those of their participating lending institutions. There are no fees to the CDFIs or the borrowers from DCA for the of the GA CDFI Program.

(g) There is not a minimum loan amount for the GA CDFI Program. The maximum loan amount is $1,250,000 with a loan term no longer than 10 years.

(h) DCA will set aside initial reserves in increments of $2 million for each approved CDFI for lending purposes. CDFIs will request funding for their loans from their reserves and may request additional reserves upon deployment of their initial respective $2 million in reserve.

(4)

Georgia Venture Capital (GA VC) Program

(a) The GA VC Program is a multi-fund program administered by Invest Georgia as a Contracted Entity.

(b) Invest Georgia will invest capital in multiple funds as a limited partner, and each separate fund will manage the full processes of investing in high-potential Georgia- based small businesses.

(c) Invest Georgia will target "seed" and "early stage" venture capital funds.

(d) Invest Georgia, along with LCG Associates (investment consultant), will perform due diligence and select venture capital funds to invest and will monitor investment.

(e) SSBCI capital will be legally obligated to venture capital funds as a limited partner through contractual agreements (subscription agreements) prior to these funds expending capital with investments in small businesses.

(f) The minimum investment amount will be $1,000,000 with a maximum investment amount of $3 million in private venture capital funds. At the discretion of DCA and Invest Georgia, investment amounts may be raised to no more than $5 million to invest in larger venture capital funds or special opportunities.

(g) SSBCI venture capital program investments may be used for most business purposes unless prohibited under Treasury Guidelines.

(h) Invest Georgia will take a seat on the Limited Partner Advisory Committee of each venture capital fund receiving a SSBCI investment.

(i) SSBCI capital investments will generally be limited to 10% of a venture capital fund.

(j) The GA VC Program will require a minimum of 1:1 capital match at the fund level.

(k) Invest Georgia and DCA will identify funds with SEDI characteristics to participate in the GA VC Program.

(5)

Georgia Equity Direct Program

(a) The Georgia Equity Direct Program will be a direct co-investment program administered by Invest Georgia as a Contracted Entity.

(b) A special emphasis will be placed on reaching SEDI businesses.

(c) SSBCI funds will flow from DCA/GHFA EDFI to Invest Georgia to a limited liability company (LLC) to be created by Invest Georgia. The LLC will act as the equity owner in eligible businesses.

(d) Invest Georgia will oversee due diligence, and under the direction of a Direct Investment Advisory Committee will select the co-investment opportunities. This Advisory Committee will be formed by Invest Georgia to help manage the full process of due diligence, selection, and investment into high-potential Georgia-based businesses.

(e) The minimum investment amount will be $250,000 with a maximum investment amount of $1 million alongside angel investors, non-profit seed funds, emerging funds, SEDI or rural funds and other investors.

(f) SSBCI venture capital program investments may be used for most business purposes unless prohibited under Treasury Guidelines.

(g) The Georgia Equity Direct Program will require a minimum of 1:1 capital match at the company level.

(h) SEDI-owned businesses will be targeted for investments in the Georgia Equity Direct Program.

(i) Direct investments through the Georgia Equity Direct Program are intended to incentivize ("cause") additional investment into promising young Georgia-based companies.

(6)

Other Terms and Conditions applicable to Georgia SSBCI Programs

(a) Each of the five Georgia SSBCI Programs will cause and result in $1 of new private credit. It is anticipated the private leverage ratio will exceed 10:1 over a 10-year period when all of Georgia's five SSBCI Programs are measured together.

(b) The Georgia SSBCI Programs are required (1) to target an average borrower or investee size of 500 employees or less, (2) not to extend credit or investment support to borrowers or investees that have more than 750 employees, (3) to target support towards loans or investments with an average principal or investment amount of $5 million or less, and (4) not to provide credit or investment support if a given transaction exceeds $20 million.

(c) The SSBCI Capital Program Policy Guidelines require certifications in various circumstances from lenders, investors, and small business borrowers and investees participating in SSBCI capital programs. Certifications include Borrower/Investee Use of Proceeds and Conflict of Interest Certification, Lender/Investor Use of Proceeds and Conflict of Interest Certification, Sex Offender Lender/Borrower Certification, Sex Offender Investor/Investee Certification, Borrower/Investee Certification Related to Business Enterprises Owned and Controlled by Socially and Economically Disadvantaged Individuals and Certification Regarding Venture Capital Fund Services to Portfolio Companies.

(d) No principal of the investor has been convicted of a sex offense against a minor (as such terms are defined in 34 U.S.C. § 20911 ). For the purposes of this certification, "principal" is defined as if a sole proprietorship, the proprietor; if a partnership, each managing partner and each partner who is a natural person and holds 50 percent or more ownership interest of any class of the partnership interests; if a corporation, limited liability company, association, development company, or other entity, each director, each of the five most highly compensated executives or officers of the entity, and each natural person who is a direct or indirect holder of 50 percent or more of any class of equity interest in the entity; and if a partnership where the managing partner is a corporation, limited liability company, association, development company, or other entity, each director and each of the five most highly compensated executives or officers of the entity.

(e) For a SSBCI-supported venture capital or equity investment, the investment complies with the venture capital program conflict of interest standards as set forth in Section VIII.f of the SSBCI Capital Program Policy Guidelines.

(f)

The State must obtain an assurance from the lender affirming:

(i) The SSBCI-supported loan is not being made in order to place under the protection of the approved program prior debt that is not covered under the approved program and that is or was owed by the borrower to the financial institution lender or to an affiliate of the financial institution lender.

(ii) If the SSBCI-supported loan is a refinancing, it complies with all applicable SSBCI restrictions and requirements in Sections VIII.f and VIII.f of the SSBCI Capital Program Policy Guidelines regarding refinancing and new extensions of credit, including that the SSBCI-supported loan is not a refinancing of a loan previously made to the borrower by the lender or an affiliate of the lender.

(iii) No principal of the lender has been convicted of a sex offense against a minor (as such terms are defined in 34 U.S.C. § 20911 ). For the purposes of this certification, "principal" is defined as if a sole proprietorship, the proprietor; if a partnership, each partner; if a corporation, limited liability company, association, development company, or other entity, each director, each of the five most highly compensated executives, officers, or employees of the entity, and each direct or indirect holder of 20 percent or more of the ownership stock or stock equivalent of the entity.

(iv) The private entity receiving SSBCI funds and financial institution lender will make available to the Treasury Inspector General and the Government Accountability Office all books and records related to the use of the SSBCI funds, subject to applicable privacy laws, including but not limited to 12 U.S.C. § 3401 et seq., including detailed loan and investment records, as applicable.

(v) The financial institution lender is in compliance with the requirements of 31 C.F.R. § 1020.220 , regarding customer identification programs.

(g) Monthly and Quarterly Reporting Requirements: All lenders in the Georgia SSBCI program are required to submit monthly and quarterly reports to DCA. Details on the deadlines and format of these reports are available from DCA directly. The reporting requirements of the two venture capital programs are detailed in the Memorandum of Agreement between DCA/GHFA EDFI and Invest Georgia.

(h) Lender Approval Criteria: Each lender seeking participation in the State of Georgia's SSBCI Programs will undergo a thorough review process by the State to ensure that the lender has the adequate commercial lending experience, financial and managerial capacity, and operational skills. Regulated financial institutions must meet certain criteria established by their regulators to maintain their charters. DCA will work with the Georgia Department of Banking and Finance on the selection process for participating financial institutions including banks and credit unions. Principal evaluation factors of lenders will include capital adequacy, asset quality, management, earnings, liquidity, and sensitivity to market risk.

(i) Georgia's SSBCI Programs may not enroll the unguaranteed portions of SBA- guaranteed loans. This prohibition also applies to the unguaranteed portion of other federally generated loans.

(j) Underserved Markets. Georgia's SSBCI Programs will strive to reach underserved markets including women- and minority-owned businesses as well as small businesses in low- and moderate-income communities, in minority communities, and in other underserved communities.

History

• Authority: O.C.G.A. §§ 50-8-3, 50-8-8
• History. Original Rule entitled "Terms and Conditions" adopted. F. Mar. 20, 2023; eff. Apr. 9, 2023.