Chapter 22
BUILDINGS AND BUILDING REGULATIONS*

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Cross references: Distance of animal enclosures from buildings, § 14-4; general contractors, § 26-176 et seq.; environment, ch. 42; dilapidated buildings, weeds, trash and junk, § 42-71 et seq.; fire prevention and protection, ch. 46; floods, ch. 50; planning, ch. 62; signs, ch. 66; solid waste, ch. 70; streets, sidewalks and other public places, ch. 74; zoning, app. A; subdivisions, app. B; utilities, ch. 86.

State law references: Construction standards generally, O.C.G.A. § 8-2-1 et seq.

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Article I. In General

Sec. 22-1. Barracks, etc.

Sec. 22-2. Self-inspection exemption.

Sec. 22-3. Provisions saved from repeal.

Secs. 22-4? 22-35. Reserved.

Article II. Construction Codes

Sec. 22-36. Adoption by reference.

Sec. 22-37. State minimum standard codes for construction adopted by reference.

Secs. 22-38? 22-70. Reserved.

Article III. Flow-Rate Restrictions on Plumbing Fixtures

Sec. 22-71. Definitions.

Sec. 22-72. Water usage.

Sec. 22-73. Compliance.

Sec. 22-74. Applicability.

Sec. 22-75. Exemptions.

Sec. 22-76. Enforcement; penalty.

Secs. 22-77? 22-110. Reserved.

Article IV. Fences

Sec. 22-111. Definitions.

Sec. 22-112. Building permit; application.

Sec. 22-113. Minimum standards.

Sec. 22-114. Site distance at intersection.

Sec. 22-115. Encroachments.

Sec. 22-116. Exemptions.

ARTICLE I.
IN GENERAL

Sec. 22-1. Barracks, etc.

(a) Except as provided in subsection (b) hereof, it shall be unlawful for any person to move into or erect, or to be caused to be moved into or erected, within the city any prefabricated barracks, hutments, shipping containers, portable storage units or other buildings or containers of like nature.

(b) In light commercial, heavy commercial, light industrial, and heavy industrial zoning districts, including such zones within a planned unit development, shipping containers and portable storage facilities (herein called "storage units") for the temporary storage of inventory by the owner of a retail business will be allowed upon the following terms:

(1) A permit is first obtained from the city building official.

(2) Each permit will be valid for 90 days; no more than two permits may be issued in the same calendar year.

(3) Such permits may only be issued to the owner of a retail business in the city, and the square foot area of the floor of all such storage units on site at any one time cannot exceed five percent of the retail floor area of such business.

(4) All storage units: (i) must be located at the rear of such retail business and shielded from the view of the general public; (ii) must be located outside public parking lot areas; and (iii) not obstruct the flow of vehicular traffic or emergency vehicles.

(5) The applicant must pay an initial permit fee of $25.00 for each permit. The applicant must also pay an inspection fee of $50.00 for each storage unit to be used by the applicant during the period of the permit which fee must be paid before such storage unit is used.

(6) If all storage units are not removed at the expiration of a permit, permit applicant shall be subject to a fine of up to $250.00 for each day a storage unit remains in the city without a valid permit.

(7) No storage unit permit will be issued to the owner of a retail business so long as any permit fees or fines remain unpaid.

(Code 1976, § 5-10; Ord. of 11-5-2001, §§ I, II)

Sec. 22-2. Self-inspection exemption.

The city, pursuant to 1996 Ga. Laws, page 1632, exempts the city from the alternative inspection procedures as set forth in O.C.G.A. § 8-2-26(d).

Sec. 22-3. Provisions saved from repeal.

The ordinance adopted August 21, 1995 on the subject of building numbering is not repealed and shall continue in full force and effect pending a revision of the subject matter by the city.

Secs. 22-4? 22-35. Reserved.

ARTICLE II.
CONSTRUCTION CODES*

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State law references: Access to and use of public facilities by physically handicapped persons, O.C.G.A. § 30-3-1 et seq.; construction standards generally, O.C.G.A. § 8-2-1 et seq.; water efficiency requirements, O.C.G.A. § 8-2-1 et seq.; minimum state construction codes, O.C.G.A. § 8-2-25; enforcement of minimum state construction codes, O.C.G.A. § 8-2-26; fire escapes in buildings, O.C.G.A. § 8-2-50; authority to adopt technical codes, Ga. Const. art. IX, § II, ¶ III(a)(12).

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Sec. 22-36. Adoption by reference.

(a) The following technical building and construction codes are adopted by reference and may be amended for later editions as required by the Georgia Uniform Codes Act, O.C.G.A. § 8-2-25:

(1) Standard Building Code (SBCCI).

(2) National Electrical Code as published by the National Fire Protection Association.

(3) Standard Gas Code (SBCCI).

(4) Standard Mechanical Code (SBCCI).

(5) Standard Plumbing Code (SBCCI).

(6) Council of American Building Officials' One and Two Family Dwelling Code, with the exception of part V, Plumbing (chapters 20? 25), of such code.

(7) Georgia State Energy Code for Buildings as adopted by the state building administrative board pursuant to 1978 Ga. Laws, page 2212, as such code existed on September 30, 1991.

(8) Standard Fire Prevention Code (SBCCI).

(9) Standard Housing Code (SBCCI).

(10) Standard Swimming Pool Code (SBCCI).

(11) Standard Unsafe Building Abatement Code (SBCCI).

(b) The edition of such codes as currently adopted by the Georgia Department of Community Affairs shall be used and enforced, except where a subsequently published edition of any such code has been adopted by the Georgia Department of Community Affairs, with approval of its board, or such code has been amended or revised as provided in O.C.G.A. § 8-2-23.

(Code 1976, §§ 5-1? 5-19, 5-30? 5-75)

Sec. 22-37. State minimum standard codes for construction adopted by reference.

The following appendices of the Georgia State Minimum Standard Codes for Construction, as adopted and amended by the state department of community affairs, are hereby adopted by reference as though they were copied herein fully:

Standard Plumbing Code: Appendix J, Chapter 9, Section 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 1 1/2 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."

(Ord. of 10-15-2001(1), § I)

Secs. 22-38? 22-70. Reserved.

ARTICLE III.
FLOW-RATE RESTRICTIONS ON PLUMBING FIXTURES*

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State law references: Flow-rate restrictions on plumbing fixtures, O.C.G.A. § 8-2-3.

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Sec. 22-71. Definitions.

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

Commercial means any type of building other than residential.

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

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

(Ord. of 5-6-1991, § 1)

Cross references: Definitions generally, § 1-2.

Sec. 22-72. Water usage.

No construction may be initiated within the city for any residential building of any type which employs a:

(1) Gravity tank-type, flushometer-valve or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush; provided, however, this shall not be applicable to one-piece toilets until July 1, 1992;

(2) Showerhead that allows a flow of more than an average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure;

(3) Urinal that uses more than an average of 1.0 gallon of water per flush;

(4) Lavatory faucet or lavatory replacement aerator that allows a flow of more than 2.0 gallons of water per minute; or

(5) Kitchen faucet or kitchen replacement aerator that allows a flow of more than 2.5 gallons of water per minute.

(Ord. of 5-6-1991, § 2)

Sec. 22-73. Compliance.

There shall be no construction of any commercial building initiated within the city of any type which does not meet the requirements of section 22-72(1) through (5).

(Ord. of 5-6-1991, § 3)

Sec. 22-74. Applicability.

The requirements of section 22-72 shall apply to any residential and commercial construction which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes replacement of toilets and/or showers.

(Ord. of 5-6-1991, § 4)

Sec. 22-75. Exemptions.

(a) New construction and the repair or renovation of an existing building shall be exempt from the requirements of sections 22-72 through 22-74 when:

(1) The repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets or showerheads within such existing building;

(2) Such plumbing or sewage system within such existing building, because of its capacity, design or installation would not function properly if the toilets, faucets or showerheads required by this article were installed;

(3) 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) Units to be installed are:

a. Specifically designed for use by the handicapped;

b. Specifically designed to withstand unusual abuse or installation in a penal institution; or

c. Toilets for juveniles.

(b) The owner or his agent of a building undergoing new construction, repair or renovation, who is entitled to an exemption as set forth in subsection (a)(2), (3) or (4) of this section, shall obtain the exemption by applying at the office of the city building official. A fee of $25.00 shall be charged for the inspection and issuance of such exemption.

(Ord. of 5-6-1991, § 5)

Sec. 22-76. Enforcement; penalty.

(a) This article shall be enforced by the office of the city building official. Citations for violations may be issued by the chief building official of the city.

(b) Any person, corporation, partnership or other entity violating this article shall be tried before the city municipal court. Upon conviction, a violation of this article may be punished as provided by section 1-12.

(Ord. of 5-6-1991, § 6)

Secs. 22-77? 22-110. Reserved.

ARTICLE IV.
FENCES

Sec. 22-111. Definitions.

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

Animal enclosure means an animal wire or chainlink fence, with wood or metal posts with a maximum height as required.

Commercial/security fence means a fence constructed of galvanized wire with metal posts or other appropriate material. The maximum height shall not exceed six feet; provided, however, that the fence may be topped or have an excess of barbed wire not to exceed three strands.

Decorative or ornamental means a fence constructed of wood, vinyl, masonry and wrought iron or a combination thereof with a maximum height not to exceed 36 inches and maximum 70 percent opaqueness.

Privacy means a fence constructed of wood or other material as appropriate to maintain aesthetic decor with a maximum height of six feet.

Utility means a fence of chainlink construction with wood or metal posts with a maximum height not to exceed four feet.

(Code 1976, § 5-90; Ord. of 12-17-2001; Ord. of 3-18-2002, § I)

Cross references: Definitions generally, § 1-2.

Sec. 22-112. Building permit; application.

(a) A building permit issued by the administrative officer is required in advance of the construction or erection of a fence.

(b) An application for a fence building permit will accompanied by a simple sketch showing the dimensions (including height), type, material and location of the fence to be erected. If the fence is a decorative fence, the application shall include a front elevation and cross-sectional drawing of the fence, and the location of the fence and its relation to nearby buildings, utility easements and fire hydrants.

(Code 1976, § 5-91; Ord. of 12-17-2001, § II)

Sec. 22-113. Minimum standards.

The minimum standards for fence construction shall be as follows:

(1) Utility fences shall be restricted to the rear and side yards and shall not exceed the front yard or side yard setback line on the corner lot.

(2) Barbed wire shall not be used above a utility fence.

(3) Privacy fences will be restricted to the rear and side yards and shall not exceed the front yard setback line. The side street setback line is included in this restriction.

(4) See section 14-4 for animal enclosure fences.

(5) Decorative or ornamental fences will not be restricted by setback lines. The construction approval must be obtained from the planning and zoning commission and the aldermanic board prior to the issuance of a building permit.

(6) Commercial/security fences shall be allowed provided they do not exceed the dimensions set out in section 22-111; however, three strands of barbed wire shall be allowed on top of commercial/security fences, provided they do not exceed three strands. Commercial/security fences shall be restricted to commercially zoned areas only.

(Code 1976, § 5-92)

Sec. 22-114. Site distance at intersection.

No fence or wall shall be erected which obstructs site lines at elevations between three and six feet above the roadways on any corner lot within the triangular area formed by the street lines and a line connecting them at the point 30 feet from the intersection of the street line, or in the case of a rounded property corner, from the intersection of the street lines extended. Such site line limitation shall apply on any lot within ten feet from the edge of the driveway or alley pavement.

(Code 1976, § 5-93)

Sec. 22-115. Encroachments.

For provisions concerning encroachments, see section 74-3.

(Code 1976, § 5-94)

Sec. 22-116. Exemptions.

Any fence or wall authorized or constructed prior to adoption of this article on August 18, 1980, shall be exempt from the provisions of this article.

(Code 1976, § 5-95)