Administration and Enforcement of State Minimum Codes

In order to properly administer and enforce the state minimum standard codes, local governments must adopt reasonable administrative provisions. The power to adopt these administrative procedures is set forth in O.C.G.A. Section 8-2-26(a)(1). These provisions should include procedural requirements for the enforcement of the codes, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other procedures necessary for the proper local administration and enforcement of the state minimum standard codes. These powers include:

  • Inspecting buildings and other structures to ensure compliance with the code;
  • Employing inspectors and other personnel necessary for the proper enforcement of codes;
  • Requiring permits and to establishment charges for said permits; and
  • Contracting with other local governments for code enforcement.

DCA periodically reviews, amends and/or updates the state minimum standard codes. If a local government chooses to locally enforce any of these codes, it must enforce the latest editions and the amendments adopted by DCA.

DCA has developed a sample resolution/ordinance that may be used as a guide for local governments in the development of their administrative procedures. Please contact DCA for a copy of this sample resolution/ordinance and for any technical assistance needed in the development of a local code enforcement program.

Appendices

It should be noted that The Uniform Codes Act states that the appendices of the codes are not enforceable unless referenced in the body of the code, adopted by DCA, or specifically adopted by a municipality or county. If any appendices have been adopted by DCA, they will be noted in the Georgia amendments as such.

Local Amendments

The Uniform Codes Act provides that local governments may, under certain conditions, adopt local amendments to the state minimum standard codes. Please note that DCA does not approve or disapprove any local amendment. The department provides a recommendation only. However, in order to enforce any local amendment, the local government must submit the proposed amendment to DCA for review (O.C.G.A. Section 8-2-25(c)).

There are several requirements local governments must meet in order to enact a local code amendment. These requirements are as follows:

  • The requirements in the proposed local amendment cannot be less stringent than the requirements in the state minimum standard code.
  • The local requirements must be based on local climatic, geologic, topographic, or public safety factors;
  • The legislative findings of the local governing body must identify the need for the more stringent requirements; and
  • The local government must submit the proposed amendment to DCA 60 days prior to the proposed adoption of such an amendment.

After submittal of the proposed local amendment, DCA has 60 days in which to forward its recommendations to the local government. DCA may respond in three ways: recommend adoption of the amendment, recommend the amendment not be adopted, or have no comment on the proposal. If DCA recommends against the adoption of the proposed amendment, the local governing body must vote specifically to reject DCA's recommendation before the local amendment can be adopted and enforced. If DCA fails to respond within the 60-day time frame, the local government may adopt the proposed local amendment.

After adoption by the local governing authority, copies of local amendments must be filed with DCA.