The issuance of this permit authorizes improvements of the real property designated herein which improvements may subject such property to mechanics’ and materialmen’s liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated. In order to protect any interest in such property and to avoid encumbrances thereon, the owner or any person with an interest in such property should consider contacting an attorney or purchasing a consumer’s guide to the lien laws which may be available at building supply home centers.”
“The issuance of this permit authorizes improvements of the real property designated herein which improvements may subject such property to mechanics’ and materialmen’s liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated. In order to protect any interest in such property and to avoid encumbrances thereon, the owner or any person with an interest in such property should consider contacting an attorney or purchasing a consumer’s guide to the lien laws which may be available at building supply home centers.”
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 or inspected.
(A) “Complete application” means a submitted plan, application, or request for inspection that contains all of the information and supporting documentation required by the county or municipality for it to make the determination as to whether the plan, application, or request is in compliance with regulatory requirements.
(B) “Private professional provider” means a:
History. Ga. L. 1969, p. 546, § 6; Ga. L. 1970, p. 734, § 2; Ga. L. 1971, p. 242, § 5; Ga. L. 1980, p. 1316, § 6; Ga. L. 1989, p. 1659, § 8; Ga. L. 1996, p. 1632, § 1; Ga. L. 1997, p. 550, § 1; Ga. L. 1998, p. 1033, § 1; Ga. L. 2000, p. 452, § 2; Ga. L. 2000, p. 456, § 1; Ga. L. 2004, p. 551, § 6; Ga. L. 2006, p. 506, § 1/HB 1385; Ga. L. 2019, p. 606, § 2/HB 493; Ga. L. 2020, p. 138, § 1/SB 377; Ga. L. 2021, p. 282, § 1/SB 49.
The 2019 amendment, effective July 1, 2019, rewrote subsection (g).
The 2020 amendment, effective June 30, 2020, substituted “Reserved.” for the former provisions of paragraph (g)(17), which read: “This subsection shall not apply to hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings or structures that impact national or state homeland security, or any building defined as a high-rise building in the State Minimum Standards Code; provided, however, that interior tenant build-out projects within high-rise buildings are not exempt from this subsection.”
The 2021 amendment, effective May 4, 2021, substituted the present provisions of subparagraph (g)(1)(B) for the former provisions, which read: “ ‘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 or inspected.”; substituted “At the time a county or municipality notifies the applicant that a complete application has been accepted, it shall also notify such” for “Upon notification to the applicant that a complete application has been accepted, a county or municipality shall also notify each” at the beginning of paragraph (g)(4); in paragraph (g)(5), in the first sentence, substituted “The” for “If the county or municipality determines that the personnel employed or contracted by such county or municipality cannot provide regulatory action or inspection services within the time frames required under paragraph (4) of this subsection, the”, and added “irrespective of whether the county or municipality determines that the personnel employed or contracted by such county or municipality can provide regulatory action or inspection services within the time frames required under paragraph (4) of this subsection” at the end; deleted the former second sentence of paragraph (g)(6), which read: “Upon payment in full of the convenience fees associated with the complete application, the applicant may nevertheless choose to retain, at its own expense, a private professional provider to provide the required plan review or inspection, subject to the requirements set forth in this Code section.”; added the last sentence of paragraph (g)(7); substituted “paragraph (5) or (6) of this subsection or both” for “either paragraph (5) or (6) of this subsection” near the end of paragraph (g)(9); and added the proviso at the end of the first sentence of paragraph (g)(12).
Cross references.
Enforcement of laws requiring services of registered architects for certain buildings, § 43-4-15 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1996, “single-family” was substituted for “single family” in paragraph (d)(6).
Ga. L. 2000, p. 452, § 2 and Ga. L. 2000, p. 456, § 1 both added a subsection (f). Pursuant to Code Section 28-9-5, in 2000, the subsection (f) added by Ga. L. 2000, p. 456, § 1 was redesignated as subsection (g).
Pursuant to Code Section 28-9-5, in 2019, “requirements” was substituted for “requiremments” at the end of the first sentence of subparagraph (g)(13)(B).
Editor’s notes.
Ga. L. 1996, p. 1632, § 3, not codified by the General Assembly, provides: “Any political subdivision may exempt itself from Section 1 of this Act by resolution or ordinance.”
Ga. L. 1997, p. 550, § 3, not codified by the General Assembly, provides that no county or municipality shall be required to implement the requirements of that Act until such time as the county or municipality has consumed all building permit forms on hand as of January 1, 1998.
Ga. L. 1998, p. 1033, § 2, not codified by the General Assembly, provides: “This Act shall become effective on January 1, 1999, except that no county or municipality shall be required to implement the requirements of this Act until such time as the county or municipality has consumed all building permit forms on hand as of January 1, 1999.”
Ga. L. 2019, p. 606, § 1/HB 493, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Private Permitting Review and Inspection Act.’ ”
For application of this statute in 2020 and 2021, see Executive Orders 03.20.20.02 and 03.30.20.02.
A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.
Structure Georgia Code
Title 8 - Buildings and Housing
Article 1 - Buildings Generally
Part 2 - State Building, Plumbing, and Electrical Codes
§ 8-2-21. Adoption and Continuation of State Minimum Standard Codes; Enforcement of Codes
§ 8-2-24.1. Review of Denial of Proposed Amendment, Modification, or New Provision to Code
§ 8-2-26.1. Definitions and Requirements
§ 8-2-29. Powers of Department Generally