SB 388: "Property Owners Protection Act"; enact

Under current Georgia law, violating a county's building, electrical, or other adopted codes is a misdemeanor, and each day a violation continues can count as a separate offense, which can pile up fines quickly. Local code enforcement boards can also investigate or inspect residential rental property if they have probable cause of a violation, and can fine violators up to $1,000 per day for violations affecting health or safety. This bill, called the Property Owners Protection Act, changes those rules. It says no one can be incarcerated for a code misdemeanor, and changes the separate-offense clock so a new offense is counted every 30 days instead of every day. It caps the health-and-safety administrative fine at a flat $5,000 rather than $1,000 per day. It also extends the probable-cause requirement for code inspections to residential and commercial property generally (not just rental property), and adds a requirement that the suspected violation create imminent danger to the property owner, tenants, visitors, or neighbors within a mile before an inspection or investigation can happen.

• Prohibits incarceration as a penalty for violating county building, electrical, or other local codes, even though the violation remains a misdemeanor.
• Changes how repeat violations are counted: a new separate offense is now counted every 30 days a violation continues, instead of every single day.
• Caps the administrative fine for code violations affecting health or safety at a flat $5,000, replacing the current $1,000-per-day cap.
• Requires probable cause of a code violation plus imminent danger to life or health before a local government may inspect or investigate residential or commercial property, expanding a rule that previously applied only to rental property.
• Keeps in place the existing ban on local governments requiring registration of residential rental property.

Homeowners, landlords, and commercial property owners who are subject to local code enforcement; local code enforcement officers and code enforcement boards; and county and municipal governments that adopt and enforce building, electrical, and other codes under Georgia law.

Property owners facing code violations would no longer risk jail time and could face smaller fines for ongoing violations. Local governments would face a higher bar, requiring imminent danger, before inspecting homes or businesses, which could slow code enforcement even in cases officials consider serious.

• Section 3 amends O.C.G.A. § 36-13-12 to bar incarceration for code misdemeanors and change the separate-offense period from each day to each 30 days a violation continues.
• Section 4 amends O.C.G.A. § 36-74-26(b)(1) to cap the health-or-safety administrative fine at $5,000 total instead of $1,000 per day.
• Section 5 amends O.C.G.A. § 36-74-30 to require probable cause of a violation and imminent danger to life or health before a local government may inspect or investigate residential or commercial property, including rental property.
• Section 5 also states that conditions appearing to be code violations in plain view can form the basis for probable cause.
• Section 1 lays out legislative findings framing the bill as a response to what it calls overzealous code enforcement and government overreach into homes.
• Section 6 repeals all laws in conflict with the Act.

1. 2026-01-13Senate Read and Referred (Senado)
2. 2026-01-12Senate Hopper (Senado)

• Colton Moore (R, SD-053)Patrocinador principal

• code enforcement
• property rights
• local government
• building codes
• administrative fines