06 LC
36 0227
House
Bill 1508
By:
Representatives Stephens of the
164th,
Smith of the
13th,
and Benton of the
31st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 8-2-25 of the Official Code of Georgia Annotated, relating to
state-wide application of minimum standard codes, so as to provide that the
governing authority of any municipality or county in this state is authorized to
exempt by ordinance or resolution compliance with the provisions contained in
Section 17 of the International Building Code relating to earthquakes; provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 8-2-25 of the Official Code of Georgia Annotated, relating to state-wide
application of minimum standard codes, is amended by striking paragraph (1) of
subsection (c) and inserting in its place a new paragraph (1) of subsection (c)
to read as follows:
"(c)(1)
In the event that the governing authority of any municipality or county finds
that the state minimum standard codes do not meet its needs, the local
government may provide requirements not less stringent than those specified in
the state minimum standard
codes, except
as provided in subsection (e) of this Code
section, when such requirements are based
on local climatic, geologic, topographic, or public safety factors; provided,
however, that there is a determination by the local governing body of a need to
amend the requirements of the state minimum standard code based upon a
demonstration by the local governing body that local conditions justify such
requirements not less stringent than those specified in the state minimum
standard codes for the protection of life and property. All such proposed
amendments shall be submitted by the local governing body to the department 60
days prior to the adoption of such amendment. Concurrent with the submission of
the proposed amendment to the department, the local governing body shall submit
in writing the legislative findings of the governing body and such other
documentation as the local governing body deems helpful in justifying the
proposed amendment. The department shall review and comment on a proposed
amendment. Such comment shall be in writing and shall be sent to the submitting
local government with a recommendation:
(A)
That the proposed local amendment should not be adopted, due to the lack of
sufficient evidence to show that such proposed local amendment would be as
stringent as the state minimum standard codes and the lack of sufficient
evidence to show that local climatic, geologic, topographic, or public safety
factors require such an amendment;
(B)
That the proposed local amendment should be adopted, due to a preponderance of
evidence that such proposed local amendment would be as stringent as the state
minimum standard codes and a preponderance of evidence that the local climatic,
geologic, topographic, or public safety factors require such an amendment;
or
(C)
That the department has no recommendation regarding the adoption or disapproval
of the proposed local amendments, due to the lack of sufficient evidence to show
that such proposed local amendment would or would not be as stringent as the
state minimum standard codes and the lack of sufficient evidence to show that
local climatic, geologic, topographic, or public safety factors require or do
not require such an
amendment."
SECTION
2.
Said
Code section is further amended by adding a new subsection (e) to read as
follows:
"(e)
The governing authority of any municipality or county in this state is
authorized to provide by ordinance or resolution an exemption from compliance
with the provisions contained in Section 17 of the International Building Code
relating to earthquakes. No such exemption shall be effective until the local
governing body has caused a copy of the adopted ordinance or resolution to be
filed with the department. A copy of the adopted ordinance or resolution shall
be deemed to have been filed with the department when it has been placed in the
United States mail, return receipt
requested."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.