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Posts Tagged ‘Residential Construction’

Georgia Governor Passes Order Altering Inspection Regulations for Residential Builders During COVID-19 Emergency

Posted on: April 8th, 2020

By: Tom Ward

Governor Brian Kemp recently passed an executive order allowing residential builders to immediately employ private inspectors to perform required plan reviews or inspections without having to wait out the time frames required by O.C.G.A. 8-2-26(g)(4).

The relevant text of the Order, which can be accessed by this link (https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders), provides as follows: 

Whereas: Counties and municipalities responsible for regulating inspections of buildings or similar structures to ensure compliance with the state minimum standard codes have smaller workforces and cannot meet the demand for inspections in this State…

It is ordered: That because of limited staffing and increasing wait times, I have determined that all counties and municipalities in this state that regulate inspections of buildings or similar structures to ensure compliance with the state minimum standard codes in accordance with Code Section 8-2-26 may not be able to provide regulatory action or inspection within the time frames required by Code Section 8-2-26(g)(4). Therefore, it is hereby ordered that all applicants seeking plan review or inspections in these cities and counties pursuant to Code Section 8-2-26 are not required to wait out the time frames required by Code Section 8-2-26(g)(4) and have the option of retaining “private professional provider[s]” immediately to provide the required plan review or inspection in accordance with the provisions of Code Section 8-2-26(g)(5). The Order does not otherwise amend or abate the requirements of Code Section 8-2-26, nor does it suspend the enforcement of its provisions.

Thus, instead of requiring residential builders to wait the state mandated timeframes (30 calendar days for plan review and 2 business days for an inspection) before retaining a private inspector under O.C.G.A. 8-2-26(g)(4), the builder can immediately employ a private inspector to perform the required review or inspection. 

It is important to note that special fees apply for employing private inspectors under O.C.G.A. 8-2-26(g)(4), which, by statute, should not exceed more than fifty percent of the required regulatory fee. The fee for private plan review and inspection are set by the local permitting authority.

Moreover, only the local permitting authority can issue the certificate of occupancy, so it imperative to hire only qualified and experienced private inspectors who will pay special attention to the documentation required for issuance of the certificate of occupancy.

Free public access to the full text of O.C.G.A. 8-2-26(g) can be accessed via LexisNexis using the following link: http://www.lexisnexis.com/hottopics/gacode/default.asp  

Additional Information:

The FMG Coronavirus Task Team will be conducting a series of webinars on Coronavirus issues on a regular basis. Topics include COVID-19’s impact on finances and loans, the FFCRA, the CARES Act and more. Click here to view upcoming webinars.

FMG has formed a Coronavirus Task Force to provide up-to-the-minute information, strategic advice, and practical solutions for our clients.  Our group is an interdisciplinary team of attorneys who can address the multitude of legal issues arising out of the coronavirus pandemic, including issues related to Healthcare, Product Liability, Tort Liability, Data Privacy, and Cyber and Local Governments.  For more information about the Task Force, click here.

You can also contact your FMG relationship partner or email the team with any questions at [email protected].

**DISCLAIMER:  The attorneys at Freeman Mathis & Gary, LLP (“FMG”) have been working hard to produce educational content to address issues arising from the concern over COVID-19.  The webinars and our written material have produced many questions. Some we have been able to answer, but many we cannot without a specific legal engagement.  We can only give legal advice to clients.  Please be aware that your attendance at one of our webinars or receipt of our written material does not establish an attorney-client relationship between you and FMG.  An attorney-client relationship will not exist unless and until an FMG partner expressly and explicitly states IN WRITING that FMG will undertake an attorney-client relationship with you, after ascertaining that the firm does not have any legal conflicts of interest.  As a result, you should not transmit any personal or confidential information to FMG unless we have entered into a formal written agreement with you.  We will continue to produce education content for the public, but we must point out that none of our webinars, articles, blog posts, or other similar material constitutes legal advice, does not create an attorney client relationship and you cannot rely on it as such.  We hope you will continue to take advantage of the conferences and materials that may pertain to your work or interests.**

When is Engineering Required? City of Atlanta Issues New Code Interpretation

Posted on: October 18th, 2017

By: Cheryl H. Shaw

The City of Atlanta recently published its second International Residential Code interpretation of 2017, confirming that structural designs utilizing Structural Composite Lumber (SCL) must be designed and sealed by an engineer licensed to practice within the State of Georgia. The stated purpose of the binding interpretation is to provide consistency between the Office of Building staff and design professionals who issue construction documents in multiple jurisdictions.

In issuing the interpretation, the City noted the IRC’s requirement that structural elements which do not conform to the prescriptive requirements of the code must be “designed in accordance with accepted engineering practice.” To this end, while visually-graded lumber is regulated by span tables within the code, SCL, a proprietary engineered wood product, does not have span tables or design values represented within the IRC. Instead, design values are furnished by manufacturers. Although manufacturers have created design software that is widely available, the only party authorized to provide an “engineered design” for structural elements is an engineer.

Accordingly, all residential construction documents submitted for permit that utilize SCL must be designed and sealed by a licensed Georgia professional engineer. In addition to identifying the type, size and manufacturer of the SLC, the engineer must provide other design-specific information.  A link to the interpretation with a complete list of requirements can be found here: 2007-IRC-002. The requirements apply to Laminated Veneer Lumber (LVL), Parallel Strand Lumber (PSL), Laminated Strand Lumber (LSL), and Oriented Strand Lumber (OSL).

Unnecessary engineering can increase construction costs, but failing to obtain required engineering can result in costly delays. Understanding when engineering is required—and when it is not—is critical to the success of your project. FMG’s Construction Law practice group is here to help. If you have questions or would like more information, please contact Cheryl H. Shaw at [email protected].