hb1385_LC_28_2912_a

hb1385_LC_28_2912_a_2.html

06 LC 28 2912

House Bill 1385

By: Representatives Heard of the 104th, Ehrhart of the 36th, Coan of the 101st, Dodson of the 75th, and Forster of the 3rd

A BILL TO BE ENTITLED
AN ACT

To amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, so as to provide for the employment of private professional providers to perform building plan reviews and inspections when the local jurisdiction cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for the manner of such reviews and inspections; to provide for certain insurance requirements; to provide for the manner of submitting reports; to provide for the issuance of notices of deficiencies to the applicants and time for curing such deficiencies; to provide for the issuance of permits under certain conditions; to provide for appeals; to provide for applicability; to provide for certain immunities; to prohibit adoption of more stringent standards by local jurisdictions; to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to provide for the employment of private professional providers to perform building plan reviews when the state fire marshal, local fire marshal, or state inspector cannot timely perform such services; to provide a definition; to provide for the qualifications of such persons; to provide for other related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, is amended by striking subsection (g) of Code Section 8-2-26, relating to enforcement of codes generally, and inserting in lieu thereof a new subsection (g) to read as follows:

"(g)(1) If a governing authority of a county or municipality cannot provide plan review within 21 days or inspection services within two business days of receiving a valid written request for inspection, then, in lieu of plan review or inspection by inspectors or other personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires plan review or inspection shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review or inspection. As used in this subsection, the term '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, and who is not an employee of or otherwise affiliated with or financially interested in such the person, firm, or corporation, to provide the required inspection engaged in the construction project to be reviewed or inspected. The local governing authority shall advise the permit applicant at the time of the filing of the permit that the local governing authority intends to complete the required plan review within the time prescribed by this paragraph or that the applicant may immediately secure the services of a private professional provider to complete the required plan review pursuant to this subsection. If the local governing authority states its intent to complete the required plan review within the time prescribed by this paragraph, the applicant shall not be authorized to use the services of a private professional provider as provided in this subsection. The permit applicant and the local governing authority may agree by mutual consent to extend the time period prescribed by this paragraph for plan review if the characteristics of the project warrant such an extension. However, if the local governing authority states its intent to complete the required plan review within the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the governing authority, and does not permit the applicant to use the services of a private professional provider and the local governing authority fails to complete such plan review in the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the governing authority, the local governing authority shall issue the applicant a project initiation permit to permit the applicant to begin work on the project.

(2) Any plan review or inspection conducted by a registered private professional engineer provider shall be no less extensive than an inspection plan reviews or inspections conducted by a county or municipal inspector personnel.

(3) The person, firm, or corporation retaining a registered private professional engineer provider to conduct a plan review or an inspection shall be required to pay to the county or municipality which requires the plan review or inspection the same permit fees and charges which would have been required had the plan review or inspection been conducted by a county or municipal inspector.

(4) A private professional provider performing plan reviews under this subsection shall review construction plans to determine compliance with 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; the Manual for Erosion and Sediment Control in Georgia; and the requirements of subsection (b) of Code Section 12-7-6. Upon determining that the plans reviewed comply with the applicable codes, such private professional provider shall prepare an affidavit or affidavits on a form adopted by the Department of Community Affairs certifying under oath that the following is true and correct to the best of such private professional provideŕs knowledge and belief:

(A) The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage stipulated in this subsection; and

(B) The plans comply with 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; the Manual for Erosion and Sediment Control in Georgia; and the requirements of subsection (b) of Code Section 12-7-6.

(5) All private professional providers providing plan review or inspection services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $1 million in aggregate coverage with a $10,000.00 deductible. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. A local enforcement agency, local building official, or local government may establish, for private professional providers working within that jurisdiction, a system of registration listing the private professional providers within their areas of competency and verifying compliance with the insurance requirements of this subsection.

(4)(6) The registered private professional engineer provider shall be empowered to perform any plan review or inspection required by the governing authority of any county or municipality, including, but not limited to, inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the issuance of a building permit or certificate of occupancy by the governing authority of any county or municipality, provided that the plan review or inspection is within the scope of such engineeŕs branch of engineering expertise private professional provideŕs area of competency. Private professional providers providing soil erosion and sedimentation control plan review for issuing authorities shall have the Level II NPDES Training Certification as provided in Code Section 12-7-19.

(5)(7)(A) The registered permit applicant shall submit a copy of the private professional engineer shall submit a copy of his or her inspection provideŕs plan review report to the county or municipality, submit the affidavit of the private professional provider required pursuant to this subsection, pay the applicable fees, and submit any documents required by the local official to determine that the permit applicant has secured all other governmental approvals required by law.

(B) No more than 30 business days after receipt of a permit application and the affidavit from the private professional provider required pursuant to this subsection, the local building official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable codes, as well as the specific code chapters and sections. If the local building official does not provide a written notice of the plan deficiencies within the prescribed 30-day period, the permit application shall be deemed approved as a matter of law and the permit shall be issued by the local building official on the next business day.

(C) If the local building official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30-day period, the 30-day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit revisions to correct the deficiencies.

(D) If the permit applicant submits revisions, the local building official shall have the remainder of the tolled 30-day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections. If the local building official does not provide the second written notice within the prescribed time period, the permit shall be issued by the local building official on the next business day.

(E) If the local building official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the local building official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes, with specific reference to the relevant code chapters and sections.

(6)(8) Upon submission by the registered private professional engineer provider of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the registered private professional engineer provider without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the registered private professional engineer provider, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the registered private professional engineer provider with a written description of the deficiencies and specific code requirements that have not been adequately addressed.

(7)(9) A local governing authority may provide for the prequalification of registered private professional engineers providers who may perform plan reviews or inspections pursuant to this subsection. No ordinance implementing prequalification shall become effective until notice of the governing authoritýs intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriff́s advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a registered private professional engineer provider only on the basis of the engineeŕs private professional provideŕs expertise with respect to the objectives of the inspection this subsection, as demonstrated by the engineeŕs private professional provideŕs experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance for plan review personnel currently directly employed by such local governing authority.

(8)(10) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers.

(11) This subsection shall not apply to hospitals, jails, or buildings or structures that impact national or state homeland security.

(12) If the local building official determines that the building construction or plans do not comply with the applicable codes, the official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law if the official determines that such noncompliance poses a threat to public safety and welfare, provided that:

(A) The local building official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and

(B) If the local building official and the private professional provider are unable to resolve the dispute, the matter shall be referred to the local enforcement agencýs board of appeals, if one exists, which shall consider the matter not later than its next scheduled meeting. Any decisions by the local enforcement agencýs board of appeals or local building official, if there is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter.

(13) The local government, the local building official, and local building code enforcement personnel shall be immune from liability to any person or party for any action or inaction by an owner of a building or by private professional provider or its duly authorized representative in connection with building code plan review and inspection services by private professional providers as provided in this subsection.

(14) Except as provided in paragraph (9) of this subsection, no local enforcement agency, local building official, or local government shall adopt or enforce any laws, rules, procedures, policies, qualifications, or standards more stringent than those prescribed in this subsection.

(15) Nothing in this subsection shall limit the authority of the local building official to issue a stop-work order for a building project or any portion of such project, as provided by law, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare.

(16) When performing building code plan reviews or inspection services, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with jurisdiction over such private professional provideŕs license or certification under Chapters 4 and 15 of Title 43, as applicable. Any complaint processing, investigation, and discipline that arise out of a private professional provideŕs performance of building code plan reviews or inspection services shall be conducted by the applicable professional licensing board."

SECTION 2.

Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, is amended by striking subsection (a) of Code Section 25-2-14, relating to requirement, issuance, etc., of building permits and certificates of occupancy for buildings presenting special hazards to persons or property, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a)(1) Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 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. All such plans and specifications submitted as required by this subsection shall be accompanied by a fee in the amount provided in Code Section 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.

(2) If the state fire marshal, the proper local fire marshal, or state inspector cannot provide plan review within a reasonable amount of time, then, in lieu of plan review by the persons specified in paragraph (1) of this subsection, any person, firm, or corporation engaged in a construction project which requires plan review shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review. As used in this paragraph, the term '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. Any private professional provider who desires to provide this service shall meet the provisions for private professional provider plan review provided in subsection (g) of Code Section 8-2-26 and the appropriate certifications required pursuant to Code Section 25-4-7."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.