reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-5.3 - Merchant acquirer limited purpose bank

(a)
A merchant acquirer limited purpose bank shall maintain a chief executive officer, chief information officer, chief risk officer, and such other officers the department may require by rule or regulation. A person may hold more than one office; provided, however, that no person shall serve as both chief executive officer and chief risk officer.
(b)
Except as otherwise provided for in the articles or bylaws, the board of directors shall elect officers, fix their compensation, and fill vacancies. An officer elected or appointed by the board may be removed without prejudice to any contract right of such officer upon determination by the board that such removal is in the best interests of the merchant acquirer limited purpose bank. The merchant acquirer limited purpose bank shall immediately notify the department in writing upon a change in the position of chief executive officer or president.
(c)
Officers of a merchant acquirer limited purpose bank shall have such authority and perform such duties as provided for in the bylaws adopted by the board.
(d)
A merchant acquirer limited purpose bank may employ such agents or employees as necessary for the prompt and orderly discharge of its business.
Added by 2016 Ga. Laws 450,§ 4-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-5.4 - Oath of office; administration of affairs

(a)
Prior to assuming office, each director shall take an oath or affirmation that he or she will diligently and honestly perform his or her duties in the administration of the affairs of the merchant acquirer limited purpose bank; he or she will not permit a willful violation of law by the merchant acquirer limited purpose bank; and he or she meets the eligibility requirements of this chapter, the regulations of the department, and the articles and bylaws of the merchant acquirer limited purpose bank.
(b)
Each director shall sign a copy of the oath required by this Code section and include such documentation in the meeting minutes. No director shall participate in the affairs of the board or receive any compensation for service as a director until such oath has been executed. Any person seeking to act in the capacity of a director before subscribing to the oath required by this Code section or otherwise qualifying for service pursuant to the bylaws of the merchant acquirer limited purpose bank or the laws and regulations governing the operations of the merchant acquirer limited purpose bank shall be liable for his or her actions to the same extent as if that person had qualified to serve as a director of the merchant acquirer limited purpose bank.
Added by 2016 Ga. Laws 450,§ 4-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-6 - Information to be included on charter application

(a)
An application to the department to charter a merchant acquirer limited purpose bank shall include:
(1)
Any information desired by the department in order to evaluate the proposed institution which shall be made available in the form specified by the department;
(2)
A certificate of the Secretary of State showing that the proposed name of the merchant acquirer limited purpose bank has been reserved pursuant to Code Section
7-1-131
; and
(3)
Applicable fees established by regulation of the department to defray the expense of the investigation required by Code Section
7-9-7
.
(b)
An application to the department to own or control a merchant acquirer limited purpose bank shall include:
(1)
Any information desired by the department in order to evaluate the proposed transaction which shall be made available in the form specified by the department; and
(2)
Applicable fees established by regulation of the department to defray the expense of the investigation.
Added by 2012 Ga. Laws 435,§ 1, eff. 3/28/2012.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-8 - Issuance of certificate of incorporation by Secretary of State

The Secretary of State shall immediately issue a certificate of incorporation or certificate of organization to a proposed merchant acquirer limited purpose bank upon submission of:
(1)
Written approval of the articles of incorporation by the department with a copy attached;
(2)
An affidavit executed by the duly authorized agent or publisher of a newspaper swearing that the articles of incorporation or a summary statement publication as provided for in Code Section
7-9-5
have been published; and
(3)
All required fees and charges required by law so long as name of the proposed merchant acquirer limited purpose bank continues to be reserved or is available. The Secretary of State shall retain on file a copy of the certificate, the articles of incorporation, the department's approval of the articles of incorporation, and the publisher's certificate.
Amended by 2024 Ga. Laws 474,§ 1-41, eff. 7/1/2024.
Added by 2012 Ga. Laws 435,§ 1, eff. 3/28/2012.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-9 - Corporate existence; shareholders; authority to regulate and supervise sale of shares; legal effect of incorporation certificate; when business may begin

(a)
The corporate existence of the merchant acquirer limited purpose bank shall begin upon the issuance of a certificate of incorporation by the Secretary of State. Those persons who subscribed for shares prior to filing of the articles, or their assignees, shall be shareholders in the merchant acquirer limited purpose bank. The department shall have full authority to regulate and supervise the activities of promoters, incorporators, subscribers for shares, and all persons soliciting offers to subscribe for shares in any merchant acquirer limited purpose bank established under this chapter. Any corporation in the process of seeking approval of a charter as a merchant acquirer limited purpose bank shall be classified as a merchant acquirer limited purpose bank in formation and persons named in the articles of incorporation or approved by the department as initial directors of such entity shall not be considered "agents" or "broker-dealers" as defined in Code Section
10-5-2
.
(b)
A certificate of incorporation shall be conclusive evidence that a merchant acquirer limited purpose bank has been incorporated; however, the state may institute proceedings to dissolve, wind up, and terminate a merchant acquirer limited purpose bank in conformity with Code Section
7-1-92
and applicable provisions of this chapter.
(c)
A merchant acquirer limited purpose bank may begin business when:
(1)
Capital stock of the merchant acquirer limited purpose bank satisfies the requirements of Code Section
7-9-11
;
(2)
Bylaws of the merchant acquirer limited purpose bank have been filed with the department;
(3)
A registered agent and registered office for the merchant acquirer limited purpose bank has been designated in conformity with Code Section
7-1-132
;
(4)
The merchant acquirer limited purpose bank has been organized and is ready to begin the business for which it was incorporated;
(5)
All conditions imposed by the department in giving its approval of the charter of the proposed merchant acquirer limited purpose bank under this chapter have been satisfied; and
(6)
The department has received an affidavit attesting that the requirements of this subsection have been satisfied signed by the president or secretary and at least a majority of the directors of the merchant acquirer limited purpose bank.
Added by 2012 Ga. Laws 435,§ 1, eff. 3/28/2012.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-10 - Liability of applicant beginning business before authorized

The applicant who charters a merchant acquirer limited purpose bank which transacts business before its capital stock have been paid in as required under this chapter shall be jointly and severally liable to creditors for the amounts not paid in by subscribers or any other deficiencies. Such liability shall be deemed an asset of the merchant acquirer limited purpose bank and may be enforced by it, its successors or assignees, by a shareholder suing derivatively, or by a receiver appointed by the department.
Added by 2012 Ga. Laws 435,§ 1, eff. 3/28/2012.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-11 - Capital stock and paid-in surplus requirements

A merchant acquirer limited purpose bank shall at all times maintain capital stock and paid-in surplus as required by policies of the department but in no event less than $3 million.
Added by 2012 Ga. Laws 435,§ 1, eff. 3/28/2012.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-11.1 - Merger or consolidation of limited purpose bank; compliance with provisions of Chapter 9

(a)
Merchant acquirer limited purpose banks may merge or consolidate upon compliance with the requirements of this chapter and other applicable laws and regulations.
(b)
A corporation other than a merchant acquirer limited purpose bank may be merged into or may be consolidated with a merchant acquirer limited purpose bank, provided that:
(1)
The resulting institution of the merger or consolidation is a merchant acquirer limited purpose bank;
(2)
The resulting institution of the merger or consolidation holds only assets and liabilities and is engaged only in activities which may be held or engaged in by a merchant acquirer limited purpose bank; and
(3)
The merger or consolidation is not otherwise unlawful.
(c)
A merger or consolidation pursuant to subsection (b) of this Code section shall be made by compliance with the requirements of this chapter. Title 14 shall not be applicable to such a merger or consolidation.
(d)
In the case of a merger of a merchant acquirer limited purpose bank with any other corporation or corporations, with the merchant acquirer limited purpose bank as the resulting entity, any assets, lines of business, activities, or powers which may accrue to the resulting entity which would be prohibited for a merchant acquirer limited purpose bank shall be provided for in the plan of merger. Such plan shall include a proposal for the disposal of such prohibited assets or the termination of such prohibited line of business, activity, or power. The department shall review such plan to determine whether the prohibited asset, line of business, activity, or power should be a basis for denial of the requested merger or consolidation or phased out within a reasonable period of time, which shall be determined by the department.
Added by 2016 Ga. Laws 450,§ 4-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-11.2 - Terms and conditions of merger or consolidation

(a)
The parties to a merger or consolidation of a merchant acquirer limited purpose bank shall:
(1)
Adopt a plan stating the method, terms, and conditions of the merger or consolidation, including the rights under the plan of the shareholders of each of the parties and any agreement concerning the merger or consolidation. Such plan shall specify:
(A)
The name that such merchant acquirer limited purpose bank shall have upon and after such merger or consolidation;
(B)
The persons who shall constitute the board of directors of the merchant acquirer limited purpose bank after the merger or consolidation;
(C)
The manner and basis of converting the shares of each merged or consolidated entity into shares or other securities or obligations of the surviving merchant acquirer limited purpose bank and, if any shares of any of the merged or consolidated entities are not to be converted solely into shares or other securities of the surviving merchant acquirer limited purpose bank, the amount of cash or securities of any other corporation, or combination of cash and such securities, which is to be paid or delivered to the holders of such shares in exchange for, or upon the surrender of, such shares. Such cash or securities may be in addition to, or in lieu of, the shares or other securities of the surviving merchant acquirer limited purpose bank;
(D)
Such other provisions with respect to the proposed merger or consolidation which are deemed desirable to the parties of the merger or consolidation plan; and
(E)
Any other requirements of the department, adopted through rule or regulation, deemed essential to ensure protection of creditors or shareholders of the merging or consolidating entities;
(2)
Adopt a merger or consolidation plan upon affirmative vote of at least:
(A)
A majority of the directors; and
(B)
At a meeting of shareholders, a majority of the shareholders entitled to cast votes or the majority of holders of outstanding shares of a class, if a class of shares is entitled to vote thereon as a class; and
(3)
Include a copy or summary of the merger or consolidation plan and a full statement of the rights and remedies of dissenting shareholders, the method of exercising such rights, and any limitations on such rights and remedies in the meeting notice for which a merger or consolidation is to be voted upon.
(b)
Any modification of a merger or consolidation plan which has been adopted shall be made by any method provided therein or, in the absence of such provision, by the same vote as required for adoption.
Added by 2016 Ga. Laws 450,§ 4-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-11.4 - Parties to merger or consolidation plan to file application; requirements

In addition to the filing of articles of merger and consolidation under Code Section
7-9-11.3
, the parties to a merger or consolidation plan shall also file with the department:
(1)
An application including any information desired by the department in order to evaluate the proposed merger or consolidation, which shall be made available in the form specified by the department;
(2)
Applicable fees established by regulation of the department to defray the expenses of the investigation required by Code Section
7-9-11.5
; and
(3)
If the merger or consolidation involves the adoption of a new name, a certificate issued by the Secretary of State reserving such name under Code Section
7-1-131
.
Added by 2016 Ga. Laws 450,§ 4-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-11.5 - Investigation of merger or consolidation plan; approval or disapproval

(a)
Upon receipt of the articles of merger or consolidation and the filings required by Code Section
7-9-11.4
, the department shall conduct such investigation as it may deem necessary to ascertain whether:
(1)
The articles of merger or consolidation and supporting items satisfy the requirements of this chapter;
(2)
The merger or consolidation plan and any modification thereof adequately protect the interests of creditors and shareholders;
(3)
The requirements for a merger or consolidation under all applicable laws have been satisfied and the resulting merchant acquirer limited purpose bank would satisfy the applicable requirements of this chapter; and
(4)
The merger or consolidation would not adversely impact the merchant acquirer limited purpose bank, entities engaged in merchant acquiring activities or settlement activities, or the payment card network. In making such a determination, the department will take into consideration competitive, financial, managerial, safety and soundness, compliance, and other concerns with respect to the merger or consolidation plan and all parties.
(b)
Within 90 days after receipt of the articles of merger or consolidation and the filings required by Code Section
7-9-11.4
or within an additional period of not more than 30 days after an amendment to the application is received within the initial 90 day period, the department shall, in its discretion, approve or disapprove such articles on the basis of its investigation and the criteria set forth in subsection (a) of this Code section. Except as provided in Code Section
7-9-11.6
, the department shall provide written notice of its approval along with a copy of the articles of merger or consolidation to the Secretary of State. The department shall provide parties to the merger or consolidation plan written notice of its decision and, in the event of disapproval, a general statement of explanation for its decision. The decision of the department shall be conclusive; provided, however, that such decision may be subject to judicial review as provided for in Code Section
7-1-90
.
Added by 2016 Ga. Laws 450,§ 4-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-11.6 - Issuance of certificate of merger or consolidation

Upon payment of all required taxes, fees, and charges, the Secretary of State shall issue to any resulting merchant acquirer limited purpose bank a certificate of merger or consolidation with the approved articles of merger or consolidation attached thereto, provided that the name of the resulting merchant acquirer limited purpose bank in a merger or consolidation has been reserved by a merging or consolidating party or is available on the records of the Secretary of State. The resulting merchant acquirer limited purpose bank shall retain a copy of such certificate, articles, and approval by the department.
Added by 2016 Ga. Laws 450,§ 4-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-11.7 - Certificate effective upon issuance by Secretary of State; evidence of satisfactory performance; effect of merger

(a)
A merger or consolidation of a merchant acquirer limited purpose bank shall become effective upon the issuance of a certificate of merger or consolidation by the Secretary of State.
(b)
A certificate of merger or consolidation shall be conclusive evidence of satisfactory performance of all conditions precedent to a merger or consolidation and of the existence or creation of a merchant acquirer limited purpose bank, except as against the state.
(c)
When a merger or consolidation becomes effective, each party to the merger or consolidation plan, except the resulting merchant acquirer limited purpose bank, shall cease to exist as a separate entity. Upon merger or consolidation, any parties to a merger or consolidation plan shall become a single corporation which shall be the merchant acquirer limited purpose bank and which shall have, without further act or deed, all property, rights, powers, duties, and obligations of each party to a merger or consolidation plan.
(d)
The articles of a resulting merchant acquirer limited purpose bank established from a merger shall be the same as its articles prior to the merger with any change stated in the articles of merger. The articles of a resulting merchant acquirer limited purpose bank established from a consolidation shall be the same as its articles prior to the consolidation with any change stated in the articles of consolidation.
(e)
A resulting merchant acquirer limited purpose bank shall be authorized to engage only in such business and exercise only such powers as are then permissible upon original incorporation under this chapter and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation.
(f)
No liability of any party to a merger or consolidation plan or of its shareholders, directors, or officers shall be affected nor shall any lien on any property of a party to the plan be impaired by a merger or consolidation. Any claim existing or action pending by or against any party to a merger or consolidation plan may be prosecuted to judgment as if a merger or consolidation had not taken place or a resulting merchant acquirer limited purpose bank may be substituted in place of such appropriate party of a plan of proposed merger or consolidation.
Added by 2016 Ga. Laws 450,§ 4-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-11.8 - Rights and remedies of shareholders

(a)
A shareholder of a merchant acquirer limited purpose bank which is a party to a plan of proposed merger or consolidation under this chapter who objects to such plan shall be entitled to the rights and remedies of a dissenting shareholder as determined under Chapter 2 of Title 14, known as the 'Georgia Business Corporation Code' or under Article 10 of Chapter 11 of Title 14, as applicable.
(b)
A resulting merchant acquirer limited purpose bank into which other or others have been merged or consolidated may require the return of original certificates representing shares held by each shareholder in each or either of the merged or consolidated institutions, or in lieu thereof may:
(1)
Issue to each shareholder new certificates for such number of shares of the resulting acquirer limited purpose bank; or
(2)
Cause to be paid or delivered to each shareholder the amount of cash or securities of any other corporation or combination of cash and such securities as, under the plan of merger or consolidation, such shareholder is entitled to receive.
Amended by 2024 Ga. Laws 474,§ 1-42, eff. 7/1/2024.
Added by 2016 Ga. Laws 450,§ 4-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-12 - Limitations on depositors and deposit-taking activities; deposit insurance; self-acquiring activities not permitted

(a)
A merchant acquirer limited purpose bank shall only accept deposits from a corporation that owns a majority of the shares of the merchant acquirer limited purpose bank. A merchant acquirer limited purpose bank shall not operate in any manner that attracts depositors from the general public, and no deposit shall be withdrawn by the depositor by check or similar means for payment to third parties or others. A merchant acquirer limited purpose bank shall not accept "brokered deposits" as that term is defined in the Federal Deposit Insurance Act as such existed on January 1, 2012, or the regulations adopted by the Federal Deposit Insurance Corporation in force and effect on January 1, 2012.
(b)
A merchant acquirer limited purpose bank shall conduct its deposit-taking activities only from a single location within this state.
(c)
A merchant acquirer limited purpose bank may apply to receive deposit insurance from the Federal Deposit Insurance Corporation or its successor agency.
(d)
Notwithstanding subsection (a) of this Code section, the business conducted by a merchant acquirer limited purpose bank shall be merchant acquiring activities.
(e)
A merchant acquirer limited purpose bank shall not engage in self-acquiring activities.
Added by 2012 Ga. Laws 435,§ 1, eff. 3/28/2012.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-12.1 - Treatment of merchant funds

(a)
All merchant funds shall constitute a trust fund until paid to the individual merchant. A merchant acquirer limited purpose bank shall have a fiduciary duty to preserve and account for merchant funds, and merchant acquirer limited purpose banks shall be liable for merchant funds.
(b)
All merchant funds shall be deposited immediately by the merchant acquirer limited purpose bank and shall remain in an account at a financial institution that is federally insured and authorized to do business in this state until paid over to the individual merchant; provided, however, that nothing in this Code section shall preclude a merchant acquirer limited purpose bank from making appropriate deductions for chargebacks, fees, reserves, and other costs related to providing authorized merchant acquiring services owed by the individual merchant prior to remitting the net amount to the individual merchant. At the time of deposit into the account, the funds of the individual merchant in the account shall be deemed to be the property of the individual merchant. The merchant acquirer limited purpose bank shall maintain account records that identify individual merchants and the total amount held for each individual merchant. Such records shall be maintained in good faith and in the ordinary course of business and in a manner that can be readily ascertained.
Added by 2015 Ga. Laws 64,§ 39, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 9 - GEORGIA MERCHANT ACQUIRER LIMITED PURPOSE BANKS (§§ 7-9-1 — 7-9-13) › Section 7-9-13 - Enforcement by department; rules and regulations

(a)
All merchant acquirer limited purpose banks chartered by the department shall be subject to supervision, regulation, and examination by the department, including, but not limited to, the examination powers as provided in Code Sections
7-1-64
through
7-1-73
, and the department shall have all enforcement powers provided in this title.
(b)
In the event any chartered merchant acquirer limited purpose bank does not conduct its activities within the limitations provided in Code Section
7-9-12
, the department may require such merchant acquirer limited purpose bank to cease all unauthorized activities. In the event such chartered merchant acquirer limited purpose bank fails to abide by such order, the department may:
(1)
Impose upon the chartered merchant acquirer limited purpose bank or its parent holding company a penalty of up to $10,000.00 per day for each day such order is violated; and
(2)
Require divestiture of such chartered merchant acquirer limited purpose bank by any holding company not qualified to acquire such chartered merchant acquirer limited purpose bank on the date it ceased to operate within the limitations imposed by Code Section
7-9-12
and became a bank for purposes of this title.
(c)
The department shall have the power to promulgate rules and regulations implementing the provisions of this chapter.
Amended by 2014 Ga. Laws 523,§ 2, eff. 7/1/2014.
Added by 2012 Ga. Laws 435,§ 1, eff. 3/28/2012.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 1 - GENERAL PROVISIONS (§§ 8-2-1 — 8-2-4) › Section 8-2-1 - Legislative findings and intent

The General Assembly finds that an adequate supply of clean drinking water is a precious and essential resource upon which life depends. The General Assembly further finds that the average annual per capita consumption of potable water due to indoor water-using activities in the United States exceeds 18,000 gallons and that the demand for clean water supplies continues to increase despite the limitations of availability and affordability of such supplies. The General Assembly further finds that technology is available to improve the efficiency of plumbing products.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 1 - GENERAL PROVISIONS (§§ 8-2-1 — 8-2-4) › Section 8-2-2 - Purpose of part

The purposes of this part are as follows:
(1)
To promote greater efficiency in residential and commercial water use and preserve the natural resources of this state;
(2)
To reduce consumer water and energy costs by reducing indoor water use, reducing the need for new water supplies and treatment facilities, lowering operation and maintenance costs for water and sewer utilities, and reducing the amount of energy used to heat, treat, and transport water; and
(3)
To generate consumer awareness of the need to save water and of the savings that can result from the use of efficient plumbing products.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 1 - GENERAL PROVISIONS (§§ 8-2-1 — 8-2-4) › Section 8-2-4 - Fire sprinklers in single-family dwelling units

Neither the state residential and fire building code nor any residential and fire building code adopted by a political subdivision of the state adopted after May 24, 2010, shall include a requirement that fire sprinklers be installed in a single-family dwelling or a residential building that contains no more than two dwelling units.
Added by 2010 Ga. Laws 461,§ 1, eff. 5/24/2010.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2 - STATE BUILDING, PLUMBING, ELECTRICAL, ETC., CODES (§§ 8-2-20 — 8-2-31) › Section 8-2-21 - Adoption and continuation of state minimum standard codes; enforcement of codes

Enforcement of the state minimum standard codes provided for in divisions (9)(A)(i) and (9)(B)(i) of Code Section
8-2-20
shall not include enforcement of appendices to such codes except when:
(1)
Any provision of an appendix is specifically referenced in the code text;
(2)
An appendix to a code is specifically included in an administrative ordinance adopted by a municipality or county; or
(3)
An appendix to a code is specifically adopted by the department with the approval of the board.
Amended by 2004 Ga. Laws 534, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2 - STATE BUILDING, PLUMBING, ELECTRICAL, ETC., CODES (§§ 8-2-20 — 8-2-31) › Section 8-2-22 - Licensing of trades, professions, and businesses governed by Chapter 14 of Title 43 and rules and regulations of State Construction Industry Licensing Board

Provisions for licensing trades, professions, and businesses covered by the provisions of this article shall be as determined by Chapter 14 of Title 43 and the rules and regulations of the State Construction Industry Licensing Board created in such chapter.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2 - STATE BUILDING, PLUMBING, ELECTRICAL, ETC., CODES (§§ 8-2-20 — 8-2-31) › Section 8-2-24.1 - Review of denial of proposed amendment, modification, or new provision to code

Notwithstanding the provisions of subsection (d) of Code Section
8-2-24
, when any party has proposed an amendment, modification, or new provision to a state minimum standard code and the same has not received a favorable recommendation by the advisory committee, the aggrieved party may within 30 days after notification by the department of the advisory committee's action file an appeal with the board. Not more than 60 days after receiving such appeal, the board shall make a determination whether to deny the appeal or to review the proposed amendment, modification, or new provision and make a determination on the same pursuant to Code Section
8-2-23
.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2 - STATE BUILDING, PLUMBING, ELECTRICAL, ETC., CODES (§§ 8-2-20 — 8-2-31) › Section 8-2-27 - Conformance of buildings to energy conservation code; applicability to exempted and renovated buildings; appeals

(a)
The design, erection, construction, and alteration of any building to which the International Energy Conservation Code shall apply shall be accomplished so that the building or applicable portions thereof shall meet or conform to such code.
(b)
Enforcement of compliance with this Code section shall be solely the province of local governing authorities, except in regard to buildings owned by the state. In state owned buildings, the state agency which owns the building shall provide for the compliance with the code adopted under this part. Local governing authorities are authorized to adopt rules and regulations for the administration and enforcement of the code and to adopt such penalties for violation of the code as they deem appropriate. Local governing authorities are authorized to exercise all the powers enumerated in subsection (a) of Code Section
8-2-26
in enforcement of the International Energy Conservation Code.
(c)
The International Energy Conservation Code shall not apply to exempted buildings; and, with respect to renovated buildings, such code shall apply only to portions or systems of the building which are directly involved in the renovation.
(d)
The commissioner or his or her designated representative shall have authority to hear appeals relating to the interpretation, enforcement, and administration by local governing authorities of the International Energy Conservation Code and exceptions to such code. The commissioner may, at his or her 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, on appeal, the commissioner determines that the local governing authority erred in its interpretation of the code, he or she shall remand the case to the local government with instructions to take such action as he or she directs. Further appeals may be made as provided by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2004 Ga. Laws 534, § 8, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2 - STATE BUILDING, PLUMBING, ELECTRICAL, ETC., CODES (§§ 8-2-20 — 8-2-31) › Section 8-2-28 - Adoption by municipality or county enforcing construction code of state minimum standard code

Any municipality or county either enforcing or adopting and enforcing a construction code shall utilize one or more of the state minimum standard codes established pursuant to this part.
Amended by 2004 Ga. Laws 534, § 8, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2 - STATE BUILDING, PLUMBING, ELECTRICAL, ETC., CODES (§§ 8-2-20 — 8-2-31) › Section 8-2-29 - Powers of department generally

In addition to any other powers granted by this part, the department shall have the power to:
(1)
Administer all funds available under this part;
(2)
Accept any grant of funds made by the United States government or any agency thereof for the purpose of carrying out this part;
(3)
Request from the various departments, agencies, and authorities of the state and its political subdivisions such available information as it may require in its work; and all such departments, agencies, and authorities shall furnish, within a reasonable time, such requested available information to the department;
(4)
Contract with the United States government or agencies thereof, with political subdivisions of the state, and with private persons and corporations; and
(5)
Do all other things necessary and proper to exercise its powers and perform its duties in accordance with this part.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2 - STATE BUILDING, PLUMBING, ELECTRICAL, ETC., CODES (§§ 8-2-20 — 8-2-31) › Section 8-2-30 - Scope of applicability of part generally

(a)
Except as otherwise provided in this Code section, this part shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical systems within or on public or private buildings, structures, or premises.
(b)
This part shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems up to and including the meters, where such work is performed by or is an integral part of the system owned or operated by a public service corporation or by the water or gas department of any city in this state in rendering its duly authorized service as such.
(c)
This part shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems where such work is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, a pipeline company, a mining company, or a public utility in the exercise of its normal functions as a public utility, or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry.
(d)
This part shall not prohibit an individual from installing, altering, or repairing plumbing systems and fixtures, air-conditioning and heating systems and fixtures, or electrical systems in a single-family dwelling owned and occupied by him or her, provided that all such work must be done in conformity with all other provisions of this part and the orders, rules, and regulations of the department.
(e)
This part shall not prohibit an individual from installing, altering, or repairing plumbing systems and fixtures, air-conditioning and heating systems and fixtures, or electrical systems in a farm or ranch building owned or occupied by him or her, provided that all such work must be done in conformity with all other provisions of this part and the orders, rules, and regulations of the department.
(f)
This Code section shall not affect or abrogate the requirements of the International Energy Conservation Code.
Amended by 2004 Ga. Laws 534, § 9, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2 - STATE BUILDING, PLUMBING, ELECTRICAL, ETC., CODES (§§ 8-2-20 — 8-2-31) › Section 8-2-31 - Effect of part

(a)
Nothing in this part shall repeal or be construed as abrogating or otherwise affecting the power of any state department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable provisions of law.
(b)
Nothing in this part shall be construed as repealing or otherwise affecting authorization for historic preservation districts established pursuant to Article 2 of Chapter 10 of Title 44, the "Georgia Historic Preservation Act."
(c)
Nothing in this part shall be construed as repealing or otherwise affecting:
(1)
Part 6 of this article, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks;
(2)
Article 2 of Chapter 15 of Title 25, the "Boiler Vessel Safety Act";
(3)
Chapter 3 of Title 30, relating to access to and use of public facilities by physically disabled persons; or
(4)
The Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section
25-2-13
.
(d)
Standards for the construction of manufactured homes covered under Part 2 of Article 2 of this chapter shall be governed by the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended,
42 U.S.C. Section 5401
, et seq., and nothing in this part is intended to permit the adoption of any other standards for or local regulation of the construction of manufactured homes.
(e)
Standards relative to liquefied petroleum gas shall be governed by Article 10 of Chapter 1 of Title 10 and no provision of this part shall be construed to permit the adoption of standards, rules, or regulations relative to liquefied petroleum gas by the Department of Community Affairs or the adoption by local governments of regulations or ordinances relative to liquefied petroleum gas in conflict with Article 10 of Chapter 1 of Title 10.
Amended by 2012 Ga. Laws 755,§ 9, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2A - ALTERNATIVE DISPUTE RESOLUTION (§§ 8-2-35 — 8-2-43) › Section 8-2-35 - Legislative findings and declarations

The legislature finds, declares, and determines that Georgia needs an alternative method to resolve legitimate construction disputes that would reduce the need for litigation while adequately protecting the rights of homeowners. The legislature declares that an effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor that the claimant asserts is responsible for the defect and providing the contractor with the opportunity to resolve the claim without litigation.
Amended by 2006 Ga. Laws 643,§ 1, eff. 4/28/2006.
Added by 2004 Ga. Laws 532, § 1, eff. 5/19/2004.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2A - ALTERNATIVE DISPUTE RESOLUTION (§§ 8-2-35 — 8-2-43) › Section 8-2-37 - Required compliance with this part

If a claimant files an action without first complying with the requirements of this part, on application by a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of this part. To the extent that the action includes a cause of action for damages due to personal injury or death, such cause of action shall not be subject to stay pursuant to this Code section.
Amended by 2006 Ga. Laws 643,§ 1, eff. 4/28/2006.
Added by 2004 Ga. Laws 532, § 1, eff. 5/19/2004.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2A - ALTERNATIVE DISPUTE RESOLUTION (§§ 8-2-35 — 8-2-43) › Section 8-2-39 - Discovery of additional defects after original notice given

(a)
A construction defect that is discovered after a claimant has provided a contractor with the initial claim notice may not be alleged in an action until the claimant has given the contractor who performed the original construction:
(1)
Written notice of claim regarding the alleged defect as required by Code Section
8-2-38
; and
(2)
An opportunity to resolve the notice of claim in the manner provided in Code Section
8-2-38
.
(b)
A construction defect that is discovered during the pendency of an action filed in compliance with this part may be added as a supplemental or additional claim to the pending action if failure to add the claim would prejudice any legal rights of the claimant or the contractor; provided, however, that the claimant shall comply with the requirements of subsection (a) of this Code section, and such action shall be immediately stayed until completion of the notice of claim process, unless otherwise agreed by the parties.
Amended by 2006 Ga. Laws 643,§ 1, eff. 4/28/2006.
Added by 2004 Ga. Laws 532, § 1, eff. 5/19/2004.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 2 - STANDARDS AND REQUIREMENTS FOR CONSTRUCTION, ALTERATION, ETC., OF BUILDINGS AND OTHER STRUCTURES (§§ 8-2-1 — 8-2-222) › Article 1 - BUILDINGS, ETC., GENERALLY (§§ 8-2-1 — 8-2-109.1) › Part 2A - ALTERNATIVE DISPUTE RESOLUTION (§§ 8-2-35 — 8-2-43) › Section 8-2-40 - Effect of claimant's acceptance of settlement; subrogation of insurance

(a)
If a claimant accepts an offer made in compliance with this part and the contractor fulfills the offer in compliance with this part:
(1)
The claimant shall thereafter be barred from bringing an action for the claim described in the notice of claim; and
(2)
A contractor's performance of repairs or payment of money to a claimant made pursuant to this Code section shall not, by itself, create insurance coverage or otherwise affect the mutual rights and obligations of the parties under a contractor's liability insurance policy or, by itself, be considered a voluntary payment of an otherwise valid insured loss.
(b)
An insurer paying a claim under this part shall be subrogated to the rights of the claimant to whom the amounts were paid against the person causing the construction defect, damages, or other reason for payment to the extent that claim payments were made, except that the insurer shall be required to pay any applicable part of costs, expenses, and attorneys' fees incurred in connection therewith.
Amended by 2006 Ga. Laws 643,§ 1, eff. 4/28/2006.
Added by 2005 Ga. Laws 84,§ 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 532, § 1, eff. 5/19/2004.