HB812: HB812 Buildings and housing; revise process by which a local governing body may propose amendments to state minimum standard codes

26 LC 47 4125S The House Committee on Governmental Affairs offers the following substitute to HB 812: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 8 and Chapter 7 of Title 12 of the Official Code of Georgia1 Annotated, relating to state building, plumbing, and electrical codes and control of soil2 erosion and sedimentation, respectively, so as to require that certain local governments3 establish and maintain publicly accessible websites posting real-time status updates relating4 to building permit applications; to provide for an optional rec ords management system5 managed by a third party; to provide for construction; to revise regulatory requirements for6 building plans, permits, and applications; to allow for greater involvement of private7 professional providers in the review of plans, permits, and app lications; to provide for8 automatic approval of approved inspection reports; to provide for required qualifications of9 private professional providers; to require that each local issu ing authority publish a list of10 materials required for permit applications; to revise provision s regarding denial or11 nonacceptance of permits; to require local issuing authorities to provide rejected permit12 applicants with a written list of reasons for denial within specified time frames; to provide13 for related matters; to repeal conflicting laws; and for other purposes.14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 H. B. 812 (SUB) - 1 - 26 LC 47 4125S SECTION 1.16 Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building,17 plumbing, and electrical codes, is amended by revising paragrap h (6) of subsection (c) of18 Code Section 8-2-25, relating to application of minimum standard codes, local adoption and19 requirements, and exemptions, as follows:20 "(6) The department shall maintain a file of all amendments to the state minimum21 standard codes adopted by the various municipalities and counties in the this state, which22 information shall be made available to the public upon request. The department may23 charge reasonable fees for copies of such information be published on the department's24 website and updated in real time to include the department's de terminations relating to25 all proposed local amendments to the state minimum standard codes. An index of such26 amendments shall be included in each new edition of a state minimum standard code."27 SECTION 2.28 Said chapter is further amended by adding a new Code section to read as follows:29 "8-2-25.1.30 (a) As used in this Code section, the term:31 (1) 'Building permit' means any permit, approval, or authoriza tion issued by a local32 government relating to the construction, alteration, expansion, demolition, or substantial33 renovation of a structure, including any permit for land-disturbing activity as such term34 is defined in Code Section 12-7-3.35 (2) 'Local government' means any county or municipal government of this state.36 (3) 'Real-time' means updated contemporaneously with, or within one business day of,37 any change in the status of a building permit.38 (4) 'Status' means the current stage of review or action on a building permit application.39 (b) Beginning January 1, 2027, each local government that issued more than 250 building40 permits in the preceding calendar year shall maintain a publicl y accessible website for41 H. B. 812 (SUB) - 2 - 26 LC 47 4125S applications that provides real-time status information for all building permits for which42 an application has been submitted and not finally closed. Such website shall, at a43 minimum, display the following information for each building permit application:44 (1) Permit application number;45 (2) Date of application submission;46 (3) Property address or parcel identification number;47 (4) Type of permit requested;48 (5) Current status of the permit application, including, but n ot limited to: submitted,49 under review, incomplete, additional information required, approved, issued, suspended,50 denied, or closed;51 (6) Date of the most recent status update;52 (7) Any failures to meet deadlines for approval or denial esta blished by state or local53 law;54 (8) The statutory basis for any denials; and55 (9) Identification of the reviewing department or office.56 (c) The permit application status information posted pursuant to subsection (b) of this57 Code section shall be:58 (1) Searchable by permit number, address, or parcel identification number;59 (2) Available to the public without charge, registration, or log in; and60 (3) Presented in a format that is continuously accessible and reasonably useable by the61 general public.62 (d) A local government may satisfy the requirements of subsect ions (b) and (c) of this63 Code section by posting a direct link on its publicly accessibl e website to a records64 management system managed by a third party, provided such syste m complies with all65 requirements of subsections (b) and (c) of this Code section.66 (e) This Code section shall not be construed to alter substant ive permitting standards,67 review timelines, or appeal rights otherwise provided by law, or to require the disclosure68 H. B. 812 (SUB) - 3 - 26 LC 47 4125S of information protected from public disclosure under state or federal law or personal69 identifying information of permit applicants beyond that which is otherwise publicly70 available under state law."71 SECTION 3.72 Said chapter is further amended by revising paragraphs (1), (3), (5), (12), (14), and (23) of73 subsection (g) of Code Section 8-2-26, relating to local enforcement, inspectors, and building74 permits, as follows:75 "(g)(1) As used in this subsection, the term:76 (A) 'Complete application' means a submitted plan, application , or request for77 inspection that contains all of the information and supporting documentation required78 by the county or municipality for it to make the determination as to whether the plan,79 application, or request is in compliance with regulatory requirements.80 (B) 'Private professional provider' means a:81 (i) Professional engineer who holds a certificate of registrat ion issued under82 Chapter 15 of Title 43;83 (ii) Professional architect who holds a certificate of registr ation issued under84 Chapter 4 of Title 43; or85 (iii) Qualified inspector as such term is defined in Code Section 8-2-26.186 who is not an employee of or otherwise affiliated with or financially interested in the87 person, firm, or corporation engaged in the construction projec t to be reviewed or88 inspected.89 (C) 'Regulatory fee' means payments, whether designated as permit fees, application90 fees, or by another name, that are required by a local government as an exercise of its91 police power, its regulation of business, and as a part of or a s an aid to regulation of92 construction related activities under this chapter.93 H. B. 812 (SUB) - 4 - 26 LC 47 4125S (D) 'Regulatory requirements' means the requirements determine d by a county or94 municipality to be of federal, state, or local laws, codes, regulations, and ordi nances95 which are necessary for approval of plans, permits, or applications under this chapter;96 provided, however, that, with respect to any application, such requirements shall97 include the state minimum standard codes most recently adopted by the Department of98 Community Affairs and any locally properly adopted local ordinances and amendments99 to such codes; applicable zoning ordinances and zoning conditions; design standards;100 and other state and local laws, regulations, and ordinances applicable to the application101 in question."102 "(3) No later than five business days after receipt of any application related to regulatory103 requirements, a lo cal building offici al of a county or municipa lity shall notify each104 applicant as to whether the submitted documents meet the requir ements of a complete105 application. Except as otherwise provided in this paragraph, time spent by a county or106 municipality determining whether an application is complete shall count toward the total107 30 days for plan review or in spection. If a local building off icial determines that the108 application is not complete or is denied , the applicant shall be provided written notice109 identifying the items that are not complete or that form the ba sis for a denial, with110 citations in either instance to the specific regulatory require ments with which the111 application does not comply. The 30 day time period is tolled when the application is112 rejected as incomplete. If within 30 days after the county or municipality has provided113 notice that the application is incomplete the permit applicant submits revisions to address114 the identified deficiencies, the local building official shall have an additional five115 business days to review the application for completeness."116 "(5) Prior to filing any application related to regulatory requ irements or at any time117 thereafter, The the applicant shall have the option of retaini ng, at its own expen se, a118 private professional provider to provide the required plan revi ew or inspection in119 accordance with the provisions of this Code section irrespective regardless of whether the120 H. B. 812 (SUB) - 5 - 26 LC 47 4125S county or municipality determines that the personnel employed o r contracted by such121 county or municipality can provide regulatory action or inspect ion services within the122 time frames required under paragraph (4) of this subsection or whether the applicant has123 been notified of such determinations. If the applicant elects to utilize the services of a124 private professional provider, the regulatory fees associated with such regulatory action125 shall be reduced by 50 percent and such reduced amount shall be paid to the county or126 municipality in accordance with such jurisdiction's policies."127 "(12) The private professional provider shall be empowered to perform any plan review128 or inspection required by the governing authority of any county or municipality,129 including, but not limited to, erosion and sediment control plan review, inspections for130 footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation131 and air conditioning (HVAC), or any and all other plan reviews or inspections necessary132 or required to determine compliance with all regulatory requirements and for the issuance133 of a permit for land-disturbing activity, as such term is defined in Code Section 12-7-3,134 building permit or certificate of occupancy by the governing authority of any county or135 municipality, provided that the plan review or inspection is wi thin the scope of such136 private professional provider's area of competency; and provided, further, that a qualified137 inspector acting as a private professional provider shall only be empowered to perform138 a plan review or inspection within an area for which such quali fied inspector has been139 issued a certification, license, or completion of training provided for in paragraph (2) of140 subsection (a) of Code Section 8-2-26.1 or Code Section 12-7-19 for plan reviews or141 inspections under Chapter 7 of Title 12 to be performed by a pr ivate professional142 provider. Nothing in this Code section shall authorize any private professional provider143 to issue a certificate of occupancy. Only a local governing authority shall be authorized144 to issue a certificate of occupancy."145 "(14) Upon submission by the private professional provider of a copy of his or her an146 approved inspection report to the local governing authority, said local governing authority147 H. B. 812 (SUB) - 6 - 26 LC 47 4125S shall be required to accept the inspection of the private professional provider without the148 necessity of further inspection or approval by the inspectors or other personnel employed149 by the local governing authority unless said such inspection shall be deemed approved150 as a matter of law. governing authority has notified the private professional prov ider,151 within two The local governing authority shall have five business days after the152 submission of the inspection report, that it finds the report incomplete or the inspection153 inadequate and has provided the private professional provider to notify the private154 professional provider of any deficiencies in such inspection re port with a written155 description of the such deficiencies and specific regulatory requirements that have no t156 been adequately addressed. The private professional provider s hall submit a corrected157 inspection report after receiving notice from the local governing authority of deficiencies158 in such inspection report, but in no event shall any deficiency in an inspection report or159 a correction to such report prevent the completion of work that has been approved by the160 private professional provider or otherwise delay the progress of the project related to the161 private professional provider's inspection."162 "(23) Nothing in this subsection shall apply to inspections exe mpted in Code163 Section 8-2-26.1. The process for plan reviews and inspections by a private professional164 provider set forth in this subsection shall also be available and applicable to plan reviews165 and inspections subject to Chapter 7 of Title 12 that are perfo rmed by a private166 professional provider."167 SECTION 4.168 Said chapter is further amended by revising subsection (g) of Code Section 8-2-26.1, relating169 to qualified inspectors and inspection reports, as follows:170 "(g) Nothing in this Code section shall be construed to apply to inspections for compliance171 with a state or local fire safety standard or erosion control standard."172 H. B. 812 (SUB) - 7 - 26 LC 47 4125S SECTION 5.173 Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil174 erosion and sedimentation, is amended by revising Code Section 12-7-9, relating to175 applications for permits, erosion and sediment control plans and data, and time for issuance176 or denial, as follows:177 "12-7-9.178 (a) Applications for permits shall be submitted in accordance with this chapter and the179 rules and regulations, ordinances, and resolutions adopted pursuant to this chapter. Such180 applications shall be accompanied by the applicant's erosion an d sediment control plans181 and by such supportive data as will affirmatively demonstrate t hat the land-disturbing182 activity proposed will be carried out in such a manner that the minimum requirements set183 forth in Code Section 12-7-6 shall be met. All applications sh all contain a certification184 stating that the plan preparer or the designee thereof his or her designee visited the site185 prior to creation of the plan or that such a visit was not required in accordance with rules186 and regulations established by the board.187 (b) Each local issuing authority shall publish on a website ac cessible to the public an188 objective list of materials and stylistic preferences required for the submission of a189 complete permit application. No permit shall be issued to any applicant unless the local190 issuing authority affirmatively determines that the plan embracing such activities meets the191 requirements of Code Section 12-7-6. All applicable fees shall be paid prior to issuance192 of the land disturbance permit by the local issuing authority.193 (c) Permits shall be issued or denied as soon as practicable after the application therefor194 has been filed with the local issuing authority, but in any eve nt not later than 45 days195 thereafter after such filing. Within fiv e days of the filing of any perm it application, the196 local issuing authority shall determine whether the application is complete and accepted. 197 If no such determination has been made within five days of the filing of any permit198 application, the application shall be deemed complete and accep t e d . A l o c a l i s s u i n g199 H. B. 812 (SUB) - 8 - 26 LC 47 4125S authority may only deem an application incomplete or deny an application when it fails to200 include the required materials or stylistic preferences publish ed by a local authority201 pursuant to subsection (b) of this Code section. In the event that an application has been202 denied or deemed incomplete and not accepted and the applicant thereafter resubmits the203 application in modified form to address deficiencies identified in the stated reasons for204 denial or nonacceptance pursuant to this subsection and subsect ion (a) of Code205 Section 12-7-11, then the local issuing authority shall cause t he permit to be issued or206 denied as soon as practicable after such resubmission, but in a ny event not later than 14207 days after such resubmission for applications that were denied and not later than five days208 after such resubmission for applications that were not accepted.209 (d) If a local issuing authority requires compliance with additional regulatory requirements210 by the applicant beyond erosion and sediment control, including, but not limited to, utility211 and storm-water management, that are subject to the approval of such local issuing212 authority, such local issuing authority shall comply with the review time frames imposed213 in subsection (c) of this Code section; provided, however, that time shall be tolled under214 such time frames from the date any local issuing authority subm its materials to a state215 agency or agencies for mandatory review and approval until the local issuing authority216 receives the required information or approval from the reviewing state agency or agencies.217 (e) An applicant shall have the option of retaining, at its ow n expense, a private218 professional provider to perform the plan reviews and inspections required by this chapter219 utilizing the process set forth in subsection (g) of Code Secti on 8-2-26 for engaging a220 private professional provider to perform plan reviews and inspections; provided, however,221 that the provisions of paragraphs (2), (3), and (6) of subsection (g) of Code Section 8-2-26222 shall not be applicable to such process. For purposes of plan reviews and inspections223 performed pursuant to this chapter, a private professional provider shall be subject to the224 requirements of Code Section 12-7-19 and shall be:225 H. B. 812 (SUB) - 9 - 26 LC 47 4125S (1) A design professional in the field of engineering, architecture, landscape architecture,226 forestry, geology, or land surveying who is licensed as required for practice in this state227 by the applicable provisions of Title 43 related to such profession; or228 (2) A person with a current certification as a Certified Profe ssional in Erosion and229 Sediment Control."230 SECTION 6.231 Said chapter is further amended by revising Code Section 12-7-11, relating to statement of232 reasons for denial of permit required, conditions for approval, and suspension, revocation,233 or modification of permit, as follows:234 "12-7-11.235 (a) Within the time frames specified by Code Section 12-7-9, the local issuing authority236 shall issue or deny the permit. The local issuing authority, upon denial of a permit, shall237 state its reasons for the denial, setting forth specifically wherein where such application is238 found to be deficient. No local issuing authority shall deny o r deem incomplete and not239 accept an application for any reason other than the failure to comply with required240 materials or stylistic preferences published by a local authority pursuant to subsection (b)241 of Code Section 12-7-9 or federal, state, or local law. Concur rently with denial or242 nonacceptance of an application, the local issuing authority shall provide the applicant with243 a written list identifying the items that are not complete or that form the basis for a denial,244 with citations to the specific regulatory requirements with which the application does not245 comply. Such local issuing authority shall not be required to provide the applicant with the246 reasons for such denial or nonacceptance for any portion of an application which is247 incomplete under subsection (b) or (c) of Code Section 12-7-7; provided, however, that the248 local issuing authority shall notify the applicant that the application is incomplete and shall249 include in such notification a written list of the omissions re ndering the application250 incomplete. Should the applicant make material additions to a resubmitted application that251 H. B. 812 (SUB) - 10 - 26 LC 47 4125S are unrelated to the cited reasons for the denial or nonaccepta nce of the original252 application, the local issuing authority may also address such additions in reviewing the253 resubmitted application. Material additions to any resubmitted application that are254 unrelated to the cited reasons for the denial or nonacceptance of the original application255 shall be considered a new application for purposes related to t he review time frames256 prescribed in subsection (c) of Code Section 12-7-9. Any land-disturbing activity257 permitted under this chapter shall be carried out in accordance with this chapter and the258 ordinance, resolution, or rules and regulations adopted and pro mulgated pursuant to this259 chapter. The local issuing authority shall specify on the permit the conditions under which260 the activity may be undertaken.261 (b) The permit may be suspended, revoked, or modified by the local issuing authority, as262 to all or any portion of the land affected by the plan, upon a finding that the holder or his263 or her successor in title is not in compliance with the approve d erosion and sediment264 control plan or that the holder or his or her successor in title is in violation of this chapter265 or any ordinance, resolution, rule, or regulation adopted or pr omulgated pursuant to this266 chapter. A holder of a permit shall notify any successor in ti tle to him or her as to all or267 any portion of the land affected by the approved plan of the co nditions contained in the268 permit."269 SECTION 7.270 All laws and parts of laws in conflict with this Act are repealed.271 H. B. 812 (SUB) - 11 -