(a)

It is the intent of the board of commissioners to enforce the latest edition of the following codes, as adopted and amended by the state department of community affairs, and that all appendices listed with such codes are hereby adopted for enforcement by reference as though they were copied fully in this section, pursuant to the authority granted by Ga. Const. art. IX, § II, ¶ I, and art. IX, § II, ¶ III, and that the following be adopted:

(1)

International Building Code, including Appendix B, C, E, F, G (also see Flood Damage Prevention Ordinance, chapter 74 of the Gilmer County Code), H, I, J. The following sections of such code are hereby revised:

a.

Section 101. Insert: Gilmer County.

b.

Section 1612.3. Insert: Refer to Flood Damage Prevention Ordinance.

c.

Section 3409.2. Insert: February 22, 1996.

(2)

International Residential Code For One- and Two-family Dwellings, including Appendix A, B, C, D, E, F, G, H, J, K.

(3)

International Fire Code, including Appendix B, C, D, E, F, G.

(4)

International Mechanical Code, including Appendix A.

(5)

International Fuel Gas Code, including Appendix A, B, C, D.

(6)

National Electrical Code, including Appendix A, B, C, D, E.

(7)

International Plumbing Code, including Appendix B, C, D, E, F, G.

(8)

Model Energy Code.

(9)

National Fire Protection Association 101: Life Safety Code.

(b)

The latest edition of the following code, as adopted and amended by the state department of community affairs, is hereby adopted for enforcement by reference as though it was copied fully in this section: Standard Unsafe Building Abatement Code (SBCCI), including Chapter 1.

(Ord. of 3-27-2003(4); Res. No. 24-225, 12-12-2024)

If any section, subsection, sentence, clause or phrase of the technical codes is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the technical codes.

(Ord. of 9-23-1999(7))

Any person, firm, corporation or agent who shall violate a provision of the technical codes, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted thereunder, shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws.

(Ord. of 9-23-1999(7))

All buildings, structures, electrical, gas, mechanical and plumbing systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safe guards, which are required by the technical codes when constructed, altered or repaired, shall be maintained in good working order. The owner or his designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical and plumbing systems.

(Ord. of 3-27-2003(4); Ord. No. 18-068(Res.), 7-12-2018)

The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the building official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts.

(Ord. of 3-27-2003(4); Ord. No. 18-068(Res.), 7-12-2018)

An officer or employee connected with the department of building safety, except one whose only connection is as a member of the board established by this Code, shall not be financially interested in the furnishing of labor, material or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner, of such. This officer or employee shall not engage in any other work, which is inconsistent with his duties or conflict with the interests of the department of building safety.

(Ord. of 3-27-2003(4); Ord. No. 18-068(Res.), 7-12-2018)

Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by the technical codes, shall be determined by the building official.

(Ord. of 3-27-2003(4); Ord. No. 18-068(Res.), 7-12-2018)

Cross reference— Officers and employees, § 2-91 et seq.

(a)

Public right-of-way. A permit shall not be given by the building official for the construction of any building or for the alteration of any building where such building is to be changed and such change will affect the exterior walls, bays, balconies or other appendages or projections fronting on any street, alley or public lane or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application at the office of the director of public works for the lines of the public street on which he proposes to build, erect or locate such building; and it shall be the duty of the building official to see that the street lines are not encroached upon except as provided for in the International Codes.

(b)

Contractors responsibilities. It shall be the duty of every contractor who shall make contracts for the installation or repairs of building, structure, electrical, gas, mechanical, sprinkler or plumbing systems, for which a permit is required, to comply with state or local rules and regulations concerning licensing which the applicable governing authority may have adopted. In such case that the state requires a contractor to have obtained a state license before they are permitted to perform work. The contractor shall supply the local government with their license number before receiving a permit for work to be performed.

(c)

Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building inspector shall require that computations shall supervise such work. In addition, they shall be responsible for conformity with the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity with the reviewed plans and with the structural provisions of the technical codes. If an architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed and approved by the building inspector.

(Ord. of 3-27-2003(4); Ord. No. 18-068(Res.), 7-12-2018)

The building official may accept a sworn affidavit from a registered architect or engineer, duly licensed in the state, stating that the plans submitted conform to the technical codes. For buildings and structures the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and if accompanied by drawings showing the structural design, and by a statement that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building inspector copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for the compliance with all provisions of the technical codes and other pertinent laws or ordinances.

(Ord. of 3-27-2003(4); Ord. No. 18-068(Res.), 7-12-2018)

Upon satisfactory completion of a building, structure, electrical, gas, mechanical or plumbing system and removal of all felled brush, shrubs and trees from any construction or clearing activities due to construction, the building official is authorized to issue a certificate of completion. The certificate of completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. The certificate of completion does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a certificate of occupancy.

(Ord. of 3-27-2003(4); Ord. No. 18-068(Res.), 7-12-2018; Res. No. 24-225, 12-12-2024)

(a)

Membership. The board of appeals should consist of three members. The board of appeals membership shall be the board of commissioners. A board of appeals member shall not act in a case in which they have a personal or financial interest.

(b)

Notice of appeal. Notice of appeal shall be in writing and filed within 30 days after the decision is rendered by the building official. Appeals shall be in a form acceptable to the building official.

(c)

Quorum and voting. A simple majority of the board of appeals shall constitute a quorum. In varying any provision of this Code, the affirmative votes of the majority present shall be required. In modifying a decision of the building official not less than two affirmative votes shall be required. If regular members are unable to attend a meeting, the alternate members, if appointed, shall vote.

(Ord. of 3-27-2003(4); Ord. No. 18-068(Res.), 7-12-2018)

Cross reference— Other boards and commissions, § 2-61 et seq.

The building official is authorized to order the permit holder to remove and/or uncover any work placed or erected prior to any required inspections.

(Ord. of 3-27-2003(4); Ord. No. 18-068(Res.), 7-12-2018)

(a)

Building permit fees shall be as follows:

LDP/subdivision:

Land disturbance permit .....$100.00

Commercial land disturbance fee .....$200.00
+ $25.00
per acre

LDP, per acre (over one acre) .....$50.00

Per lot fee (new S/D) .....$100.00

NOI per acre .....$40.00

Stop work order processing .....$0.00

Minor S/D .....$50.00

Residential:

Heated, up to 1,000 square feet .....$400.00

Over 1,000 square feet, per additional sq. ft. .....$0.35

Unfinished basement, per sq. ft. .....$0.20

Deck/porch, per sq. ft. .....$0.20
(min. $100.00)

Garage, per sq. ft. .....$0.20
(min. $100.00)

Carport, per sq. ft. .....$0.20
(min. $100.00)

Addition, up to 1,000 square feet, per sq. ft. .....$0.35

Addition, everything over 1,000 square feet, per sq. ft. .....$0.35

Alteration, up to 1,000 square feet, per sq. ft. .....$0.35

Alteration, everything over 1,000 square feet, per sq. ft. .....$0.35

Residential utility shed, per sq. ft. .....$0.20
(min. $100.00)

Mechanical fees:

Meter base .....$100.00

Temp power .....$0.00

Plumbing .....$100.00

HVAC .....$100.00

Miscellaneous permit .....$100.00

Mobile home:

Single wide .....$200.00

Double wide .....$400.00

Pre-move inspection .....$200.00

Outside Gilmer - Add .....$0.55
per mile
and $25.00
per hour

Cell tower:

New tower .....$1,000.00

Add-on service .....$500.00

Non-subdivision plat review .....$50.00

Barn/greenhouse, per sq. ft. .....$0.15 ($100.00 min)

Commercial:

Commercial/new - additions - alterations, per sq. ft. .....$0.40
($250.00 min)

Commercial construction plan review .....$0.00

Pool, in-ground .....$200.00

Poultry house .....$400.00

Sign:

Billboard .....$500.00

Freestanding (up to 128 square feet) .....$100.00

Wall .....$50.00

Permit renewal:

Less that one year .....$100.00

Over one year .....Current permit price

Two-year max—renewal afterward .....Current permit price

Re-inspection fees:

First .....$50.00

Second .....$50.00

Third .....$50.00

Fourth through final C.O. .....$50.00

Building without permit .....Double permit fee
+ $500.00 fine

Land disturbance without permit .....Double permit fee
+ $500.00 fine

Business license fees:

One time admin. fee (new) .....$50.00

1—10 employees .....$75.00

11—50 employees .....$100.00

51—75 employees .....$125.00

76—150 employees .....$175.00

Over 150 employees .....$225.00

Zoning:

Conditional use—App .....$350.00

Conditional use—Advertising .....included in application

Conditional use, per letter .....$10.00

Rezoning—App .....$350.00

Rezoning—Advertising .....included in application

Rezoning, per letter .....$10.00

Variance—App .....$500.00

Variance—Advertising .....included in application

Variance, per letter .....$10.00

Alcohol licensing:

First license .....$2,000.00

Renewal .....$1,000.00

Private work on county right-of-way (must have approval from board of commissioners) bond in an amount determined by the board will be required.

All inspections will be conducted in accordance with the requirements of the International Codes, state laws and county ordinances.

Any and all changes to the building permit fees contained in this section which are made after February 8, 2007, shall be by resolution adopted by the county board of commissioners.

(b)

It shall be unlawful for any person to do any work on any building or structure for which a permit is prescribed or a permit is required without first obtaining a permit from the building inspector and paying the fee as required.

(c)

Utilities (including but not limited to gas, water, electricity and sewerage) shall not be connected to any building, dwelling, modular home, mobile home, recreational vehicle, or meter base without first having obtained the written approval of the building inspector of the county and after having first obtained the permits provided for in this section as well as the appropriate permit required by the county environmental health department.

(d)

Any dwelling that is built on a trailer base has to have an inspection approval from a qualified agency.

(e)

A driveway that connects to a county road must have a negative fall to the back of the county ditch.

(f)

Any person who violates any provision of this section shall be guilty of a misdemeanor. Each violation of any provision thereof shall constitute a separate offense.

(g)

In the case of any violation of this section the county is hereby granted the civil remedies for enforcement provided of in O.C.G.A. § 36-13-10.

(Ord. of 9-23-1999(8); Res. No. 07-27, (Exh. A), 2-8-2007; Ord. No. 16-164, 12-8-2016; Ord. No. 18-068(Res.), 7-12-2018; Res. No. 21-088, Exh., 6-14-2021; Res. No. 22-211, Exh. A, 12-8-2022; Res. No. 24-225, 12-12-2024)

Every dwelling unit shall contain a minimum gross floor area of not less than 500 square feet. (This shall not apply to lodging units in the Outdoor Recreational Lodging District).

(Ord. No. 18-068(Res.), 7-12-2018; Res. No. 21-088, Exh., 6-14-2021)

Container homes, which are generally homes made from steel shipping containers, tractor trailer homes, or other similar container homes as well as storage facilities shall not be considered habitable. If there is a question as to whether a proposed home would fall into one of these categories, then the planning commission would make that determination.

(Ord. No. 18-068(Res.), 7-12-2018; Res. No. 21-088, Exh., 6-14-2021)

Homes manufactured on trailers and equipped with wheels for highway transportation shall not be considered for permanent housing so long as they continue to remain affixed with wheels. They shall be considered recreational vehicles.

(Ord. No. 18-068(Res.), 7-12-2018)

Homes manufactured on trailers and equipped with wheels for highway transportation that are intended to be permanently affixed to real property shall be accompanied by a certificate of an engineer licensed in the state that the home meets all current requirements of the International Building Code that pertain to it, or, if applicable, a HUD manufacturer's certification stating that the home was designed to comply with the Federal Manufactured Home Construction and Safety Standards in force at the time of manufacture.

(Ord. No. 18-068(Res.), 7-12-2018)

Storage containers are permitted within any district. A permit must be obtained by the property owner for a storage container. Storage containers must have a privacy fence constructed entirely around the container and at least three feet higher than the installed height of the container.

(Res. No. 21-088, Exh., 6-14-2021)

Non-dwelling structures shall not be used as a dwelling in any zoning district except for ORL. Non-dwelling structures include but are not limited to: campers, travel trailers, recreational vehicles, motor homes, storage buildings, buses, and any other structure not built in accordance with the International Building Code. In instances where a proposed structure is not listed herein, the land development officer, in his/her sole decision, shall decide whether the proposed structure is a non-dwelling structure.

(Res. No. 23-167, 12-14-2023)

There shall be no burial of wood waste except at a licensed inert landfill.

(Res. No. 24-225, 12-12-2024)

(a)

The administration of the International Fire Code shall be revised as provided in this section.

(b)

Revise section 101.1 to read as follows:

Provisions in the following chapters and section shall constitute and be known and may be cited as "The Gilmer County Fire Prevention Code" hereinafter referred to as "this code."

(c)

Add section 105.8 to read as follows:

105.8. Permitting and inspection. The inspection or permitting of any building or plan under the requirements of this code shall not be construed in any court as a warranty of the physical condition of such building or the adequacy of such plan. Gilmer County nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building or plan, nor for any failure of any component of such building, which may occur subsequent to such inspection or permitting.

(d)

Revise sections 102.1 and 102.2 to read as follows:

102.1. Applicability. The provisions of this code shall apply to the repair, equipment, use and occupancy, and maintenance of every existing and new building or structure or any existing and new appurtenances connected or attached to such buildings or structures. When there are specific requirements, they shall take precedence over the general provisions.

(e)

Add section 102.1.1 to read as follows:

102.1.1. The provisions of this code shall not apply to the interior of one-family and two-family dwellings or the premises upon which such dwellings are located or to the interior of any apartment dwelling unit.

(f)

Add section 102.1.2 to read as follows:

102.1.2. The provisions of this code shall not apply to buildings or structures used strictly for agricultural purposes and located on individually owned farms, ranches, etc., and which are not open to access by the general public. This exception shall not apply where the use or storage of hazardous materials is involved and such are regulated by the rules and regulations of the Georgia Safety Fire Commissioner and/or this code.

(g)

Revise section 108.1 to read as follows:

108.1. Appointment. There is hereby established a board to be called the board of adjustment and appeals, which shall consist of three members and two alternates. The board shall be appointed by the Gilmer County Board of Commissioners.

(h)

Add section 108.4 to read as follow:

108.4. Unsafe or dangerous building. In case of a building, structure or operation, which in the opinion of the fire official, is unsafe or dangerous, the fire official may, in his order, limit the time for filing the notice of an appeal to a shorter period than the time generally allowed for an appeal.

(Ord. of 9-23-1999(7), att. B)

Cross reference— Administration, ch. 2.

(a)

The administration of the Standard Unsafe Building Abatement Code shall be revised as provided in this section.

(b)

Wherever the term "building official" is used, revise to read "building inspector."

(c)

Delete section 105 in its entirety and substitute article II, division 4, of this chapter.

(Ord. 9-23-1999(7), att. C)