§ 5-132. Adoption of administrative procedures.

(a)

To provide enforcement of said "Georgia State Energy Code for Buildings,'' the city commission hereby adopts administrative procedures, and penalty provisions, necessary to carry out the legislative intent in adopting statewide codes.

(b)

Accordingly, the following provisions are hereby enacted which shall become a part of said code, and shall be known as Chapter 1, Administration and Enforcement, Section 101 through 108, thereof:

Chapter 1 Administration and Enforcement

Section 101 Scope and General Requirements

101.1 Title: This Code shall be known as the ``Georgia State Energy Code for Buildings,'' and may be cited as such; and will be referred to herein as ``this code.''

101.2 Intent: The provisions of this code shall regulate the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical, service water heating and illumination systems and equipment that will enable the effective use of energy in new building construction.

It is intended that these provisions provide flexibility to permit the use of innovative approaches and techniques to achieve effective utilization of energy. These provisions are structured to permit compliance with the intent of this code by any one of the following three paths of design:

A systems approach for the entire building and its energy-using subsystems which may utilize non-depletable sources, Chapter 4; such alternative design shall be compared to a standard design prepared under Chapter 5 or 6; or

A component performance approach for various building elements, systems and components, Chapter 5; or

Specified acceptable practice, Chapter 6.

Compliance with any one of these paths meets the intent of this code. This code is not intended to abridge any safety, health or environmental requirement under other applicable codes or ordinances.

101.3 Scope: This code sets forth minimum requirements for the design of new buildings and structures or portions thereof, and additions to existing buildings that provide facilities or shelter for public assembly, educational, business, mercantile, institutional, storage and residential occupancies, as well as those portions of factory and industrial occupancies designed primarily for human occupancy, by regulating their exterior envelopes and the selection of their HVAC, service water heating, electrical distribution and illuminating systems and equipment for effective use of energy.

Buildings shall be designed to comply with the requirements of Chapter 4, 5 or 6 of this code.

101.3.1 Exempt Buildings:

101.3.1.1 Buildings and structures or portions thereof whose peak design rate of energy usage is less than 3.4 Btu/h per square foot or 1.0 watt per square foot of floor area for all purposes.

101.3.1.2 Any building which is neither heated nor cooled mechanically.

101.3.1.3 Any manufactured (mobile) home.

101.3.1.4 Any building owned or leased in whole or part by the United States Government.

101.3.1.5 Any historic building (See Public Law 100-678).

101.3.2 Additions or Renovations to Existing Buildings:

101.3.2.1 Additions or Renovations to Existing Buildings: Additions/renovations to existing buildings or structures may be made to such buildings or structures without making the entire building or structure comply. The new addition shall conform to the provisions of this code as they relate to new construction only. When existing HVAC, water heating or lighting systems are being replaced in which case the new equipment shall comply with this code.

101.3.2.2 Historic Buildings: Historic buildings are exempt from this code. This exemption shall apply to those buildings which have been listed in the National Register of Historic Places (Public Law 96-515; 36 CFR 60), or which have been determined to be eligible for listing (36 CFR 800); or which have been certified as historically significant to a National Register or locally designated district under procedures established for the Tax Reform Act of 1976 (P.L. 94-455; 36 CFR 67); and to those buildings which have been specifically designated as historically significant by a local governing body.

101.3.2.3 Change of Occupancy Classification: Any change in occupancy or use of any existing building or structure constructed under this code which would require an increase in demand for either fossil fuel or electrical energy supply shall not be permitted unless such building or structure is made to comply with the requirements of this code.

Group A — Assembly

Group B — Business

Group E — Educational

Group F — Factory Industrial

Group H — Hazardous

Group I — Institutional

Group M — Mercantile

Group R — Residential

Group S — Storage

101.3.3 Mixed Occupancy: When a building houses more than one occupancy, each portion of the building shall conform to the requirements for the occupancy housed therein. Where minor accessory uses do not occupy more than ten (10) percent of the area of any floor of a building, the major use shall be considered the building occupancy.

101.3.4 Enforcement:

(a)

The design, erection, construction, alteration or renovation of any building shall comply with the standards of this code which are applicable.

(b)

Enforcement of compliance with the provisions of this code shall be solely the province of local governing authorities, except in regard to buildings owned by the state. Local governing authorities are authorized by the Official Code of Georgia Annotated, Title 8, Chapter 2, Article 1, Part 2, to adopt rules and regulations for the administration and enforcement of this code, and to adopt such penalties for violation of the code as they deem appropriate.

(c)

In state-owned buildings, the state agency which owns the building shall provide for compliance with this code.

(d)

The official authorized to act in behalf of the responsible government agency for the enforcement of this Code is the Chief Codes Official (CCO).

Section 102 Materials and Equipment

102.1 Identification: Materials and equipment shall be identified in order to show compliance with this code.

102.2 Maintenance Information: Required regular maintenance actions shall be clearly stated and incorporated on a readily accessible label. Such label may be limited to identifying, by title or publication number, the operation and maintenance manual for that particular model and type of product. Maintenance instructions shall be furnished for any equipment which requires preventive maintenance for efficient operation.

Section 103 Alternate Materials—Method of Construction, Design, or Insulating Systems

The provisions of this code are not intended to prevent the use of any material, method of construction, design, or insulating system not specifically prescribed herein, provided that such construction, design or insulating system has been approved by the CCO as meeting the intent of this code.

Section 104 Plans and Specifications

104.1 General: With each application for a building permit, and when required by the CCO, plans and specifications shall be submitted. The CCO may require that plans and specifications be prepared by an engineer or architect licensed to practice by the state, except for one and two family dwellings, farm buildings, and building structures 5,000 square feet or less and not exceeding two stories in height. All designs submitted under Chapter 4 of this code shall be prepared by an engineer or architect licensed to practice by the state.

104.2 Details: The plans and specifications shall show in sufficient detail all pertinent data and features of the building and the equipment and systems as herein governed including, but not limited to: design criteria, exterior envelope component materials, U factor of the envelope systems, R values of insulating materials, size and type of apparatus and equipment, equipment and systems controls and other pertinent data to indicate conformance with requirements of this code.

Section 105 Inspections

105.1 General: Construction or work for which a permit is required shall be subject to inspection by the CCO.

105.2 Approvals Required: No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the CCO. No construction shall be concealed without inspection approval.

105.3 Final Inspection: There shall be a final inspection and approval for buildings when completed and ready for occupancy.

105.4 Reinspection: The CCO may cause a structure to be reinspected.

Section 106 Severability

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

Section 107 Appeals

The Commissioner of the Georgia Department of Community Affairs or his designated representative shall have authority to hear appeals relating to the interpretation, enforcement, and administration by local governing authorities of the Georgia State Energy Code for Buildings and exceptions to such Code. The Commissioner may, at his option, hear de novo cases but shall not hear any appeal until it is determined that the appeal procedures available through the affected local government have been exhausted. If the Commissioner determines that the local governing authority was mistaken in its interpretation of the Code, the Commissioner shall remand the case to the local government with instructions to take such action as he directs. Further appeals may be made as provided by the ``Georgia Administrative Procedure Act.''

Section 108 Penalties

Any person violating any provision of this code shall, upon conviction in the Cordele Municipal Court, be punished by the judge thereof within the limits authorized in the Charter of the City of Cordele. Each day's violation shall be a separate offense.

(Ord. No. 0-91-29, §§ 2, 3, 12-3-91)