---
title: O.C.G.A. § 8-2-217. Total change in use or occupancy.
collection: code
id: 8-2-217
cite_as: O.C.G.A. § 8-2-217 (2025)
canonical_url: https://georgiacommons.org/code/8-2-217
md_url: https://georgiacommons.org/code/8-2-217.md
text_url: https://georgiacommons.org/code/8-2-217/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t7-t8-(v5)-2024-pdf.pdf?sfvrsn=6386add7_0#page=957
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: BUILDINGS AND HOUSING / STANDARDS AND REQUIREMENTS FOR CONSTRUCTION AND ALTERATION OF BUILDINGS AND OTHER STRUCTURES / APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS
---

# O.C.G.A. § 8-2-217. Total change in use or occupancy.

(a) A total change in the use or occupancy of an existing building which would cause a greater hazard to the public shall not be made unless such building is made to comply with the requirements of the applicable state and local rules, regulations, codes, and standards for the new use or occupancy; provided, however, that the compliance alternative provisions of this article may be utilized by authorized enforcement authorities where total or strict compliance with applicable state or local rules, regulations, codes, or standards is not practical.

(b) When the proposed use is of equal or lesser hazard as determined by an authorized enforcement authority, further compliance with any code for new construction is not required unless otherwise provided in this article. Alterations or repairs to an existing building or structure which do not adversely affect the performance of the building may be made with like materials. Any proposed change to the existing building or change in type of contents of the existing building shall not increase the fire hazard to adjacent buildings or structures. If the fire hazard to adjacent buildings or structures is increased, then requirements of applicable construction or fire safety codes for exterior walls shall apply.

## History

Code 1981, § 8-2-217, enacted by Ga. L. 1984, p. 1160, § 1; Ga. L. 1985, p. 149, § 8; Ga. L. 2024, p. 1052, § 1(b)(5)/SB 448, effective July 1, 2024.

## Amendments

The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “however, that” for “however,” in subsection (a).