reglab/statecodes huggingface dataset:
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-204 - Alteration or repair without total compliance with new construction requirements

The provisions of this article shall require any state code enforcement authority and shall permit any authorized local code enforcement authority to permit the repair, alteration, addition, or change of use or occupancy of existing buildings without total compliance with any state or local rule, regulation, code, or standard for new construction requirements under the following general conditions:
(1)
All noted conditions hazardous to life, based on the provisions of applicable state and local standards or codes for existing buildings, shall be corrected to a reasonable and realistic degree as set forth in this article, with specific attention to Code Sections
8-2-214
through
8-2-219
;
(2)
The existing building becomes the minimum performance standard; and
(3)
The degree of compliance of the building after changes must not be below that existing before the changes. Nothing in this article will require nor prohibit compliance with requirements more stringent than those provided in this article.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-205 - Identification and correction of certain conditions or defects

With reference to existing buildings, authorized enforcement authorities should give special attention to the conditions or defects described in this Code section in accordance with the provisions of Code Section
8-2-204
, so as to assure any such conditions or defects are identified and corrected as deemed appropriate by the enforcement authority having jurisdiction based on applicable state and local codes and through the utilization of appropriate compliance alternatives:
(1)
Structural. Any building or structure or portion thereof which is in imminent danger of collapse because of but not limited to the following factors:
(A)
Dilapidation, deterioration, or decay;
(B)
Faulty structural design or construction;
(C)
The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; or
(D)
The deterioration, decay, or inadequacy of the foundation;
(2)
Number of exits. Less than two approved independent, remote, and properly protected exit ways serving every story of a building, except where a single exit way is permitted by the applicable state or local fire or building code or life safety code;
(3)
Capacity of exits. Any required door, aisle, passageway, stairway, or other required means of egress which is not of sufficient capacity to provide for the population of the portions of the building served and which is not so arranged as to provide safe and adequate means of egress to a place of safety; and
(4)
Mechanical systems. Utilities and mechanical systems not in conformance with the codes in effect at the time of construction of a building which create a serious threat of fire or threaten the safety of the occupants of the building.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-206 - Consideration of compliance alternatives

Code Sections
8-2-207
through
8-2-211
contain generally acceptable compliance alternatives illustrating principles which shall be applied to the rehabilitation of existing buildings by state enforcement authorities and which may be applied by authorized local enforcement authorities in Georgia. It is recognized for purposes of this article that all building systems interact with each other; therefore, any consideration of compliance alternatives should take into account all existing and proposed conditions to determine their acceptability. The compliance alternatives are not all-inclusive and do not preclude consideration and approval of other alternatives by any enforcement authority.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-207 - Compliance alternatives for inadequate number of exits

Compliance alternatives for an inadequate number of exits include, but are not limited to, the following:
(1)
Provide connecting fire-exit balconies acceptable to the enforcement authority between buildings;
(2)
Provide alternate exit or egress facilities leading to safety outside the building or to a place of safe refuge in the building or an adjoining building as acceptable to the enforcement authority;
(3)
Provide an exterior fire escape or escapes as acceptable to the enforcement authority where the providing of enclosed interior or enclosed exterior stairs is not practical; or
(4)
Install early fire warning and fire suppression systems.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-208 - Compliance alternatives for excessive travel distances to approved exit

Compliance alternatives for excessive travel distances to an approved exit include, but are not limited to, the following:
(1)
Install an approved smoke detection system throughout the building;
(2)
Install an approved complete automatic fire suppression system;
(3)
Subdivide the exit travel route with smoke-stop doors acceptable to the enforcement authority;
(4)
Increase the fire resistance rating of corridor walls and doors; or
(5)
Provide additional approved means of escape.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-209 - Compliance alternatives for unenclosed or improperly enclosed exit stairways or vertical shafts

Compliance alternatives for unenclosed or improperly enclosed exit stairways or vertical shafts include, but are not limited to, the following:
(1)
Improve enclosure of exit stairway;
(2)
Add a partial fire suppression system;
(3)
Add a sprinkler draft curtain; or
(4)
Add a smoke detection system.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-210 - Compliance alternatives for inadequate fire partitions or walls

Compliance alternatives for inadequate or a total lack of fire partitions or fire separation walls shall be as set forth in Code Section
8-2-209
.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-211 - Compliance alternatives for lack of required protection of openings in exterior walls

Compliance alternatives for a lack of required protection of openings in exterior walls where a fire exposure is a risk include, but are not limited to, the following:
(1)
Improve fire resistance of existing openings and protect them with fire-rated windows or doors as appropriate;
(2)
Seal the openings with fire-rated construction as approved by the enforcement authority; or
(3)
Install an approved fire suppression system.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-212 - Filing of approved compliance alternatives

Whenever action is taken on any existing building to repair, make alterations, or change the use or occupancy of an existing structure and, when said action proposes the use of compliance alternatives, the authorized enforcement authority shall ensure that at least one copy of the accepted compliance alternatives approved, including applicable plans, test data, or other data submitted for evaluation, be maintained on file in the office of the local enforcement authority. If said structure also falls under the jurisdiction of a state level enforcement authority, at least one copy of same material shall be maintained on file with that authority.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-213 - Final review of projects; agreement of local authorities

Where an existing building or structure falls within the jurisdiction of both state level and local level enforcement authorities, the final review of any part of the project which is under the jurisdiction of both such enforcement authorities shall occur with the state authority; provided, however, that the local fire and building authorities must agree in writing with any compliance alternatives before such can be approved by the state authority. It is the intent of this Code section that the state enforcement authority be very liberal in the consideration and approval of compliance alternatives which have the documented support of local enforcement authorities.
Amended by 2020 Ga. Laws 521,§ 8, eff. 7/29/2020.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-214 - Additions

Additions to an existing building shall comply with the applicable requirements of state and local laws, rules, regulations, codes, and standards for new construction. Such additions shall not impose loads either vertical or horizontal which would cause the existing building to be subjected to stresses exceeding those permitted under new construction. If the existing building does not comply with the standards provided in this article and the authorized enforcement authority finds that the addition adversely affects the performance of the total building, the authorized enforcement authority may require:
(1)
The new addition to be separated from the existing structure by at least a two-hour fire wall with openings therein properly protected; or
(2)
The installation of an approved automatic fire suppression system; or
(3)
Other remedies which may be deemed appropriate by the enforcement authority.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-215 - Minor alterations or repairs; reduction or removal of features; alteration or repair without further compliance; installation of mechanical systems

Minor alterations or repairs to an existing building which do not adversely affect the performance or safety of the building may be made with the same or like materials. Existing buildings which, in part or as a whole, exceed the requirements of any applicable construction or fire safety code, may, in the course of compliance with this article, have reduced or removed, in part or total, features not required by such code for new construction; provided, however, that such features were not a condition of prior approval. Existing buildings and structures which, in part or as a whole, do not meet the requirements of the applicable code for new construction may be altered or repaired without further compliance to any such code by utilizing the provisions of this article, provided that their present degree of compliance to any applicable construction or fire safety code is not reduced. Any new mechanical systems installed in an existing building shall conform to applicable codes for new construction to the fullest extent practical as approved by the authorized enforcement authorities.
Amended by 2020 Ga. Laws 521,§ 8, eff. 7/29/2020.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-216 - Continuation of legal use and occupancy

The legal use and occupancy of any building or structure may be continued without change, except as may be provided otherwise by this article or as may be legally provided for by any applicable state or local law, ordinance, rule, regulation, code, or standard.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-217 - Total change in use or occupancy

(a)
A total change in the use or occupancy of an existing building which would cause a greater hazard to the public shall not be made unless such building is made to comply with the requirements of the applicable state and local rules, regulations, codes, and standards for the new use or occupancy; provided, however, that the compliance alternative provisions of this article may be utilized by authorized enforcement authorities where total or strict compliance with applicable state or local rules, regulations, codes, or standards is not practical.
(b)
When the proposed use is of equal or lesser hazard as determined by an authorized enforcement authority, further compliance with any code for new construction is not required unless otherwise provided in this article. Alterations or repairs to an existing building or structure which do not adversely affect the performance of the building may be made with like materials. Any proposed change to the existing building or change in type of contents of the existing building shall not increase the fire hazard to adjacent buildings or structures. If the fire hazard to adjacent buildings or structures is increased, then requirements of applicable construction or fire safety codes for exterior walls shall apply.
Amended by 2024 Ga. Laws 701,§ 1, eff. 7/1/2024.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-218 - Change of portion of building to new use or occupancy

(a)
If a portion of a building is changed to a new use or occupancy and that portion is separated from the remainder of the building with vertical or horizontal fire separations complying with applicable state or local rules, regulations, codes, or standards or with compliance alternatives, then the portion changed shall be made to comply to the applicable requirements for the new use or occupancy to the extent noted in Code Section
8-2-217
.
(b)
If a portion of the building is changed to a new use or occupancy and that portion is not separated from the remainder of the building as noted in subsection (a) of this Code section, then the provisions of the applicable state and local rules, regulations, codes, and standards applying to each use or occupancy of the building shall apply to the entire building to the extent noted in Code Section
8-2-217
; provided, however, that, if there are conflicting provisions in requirements for the various uses or occupancies, the authorized enforcement authority shall apply the strictest requirements.
Amended by 2024 Ga. Laws 701,§ 1, eff. 7/1/2024.
Amended by 2020 Ga. Laws 521,§ 8, eff. 7/29/2020.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-219 - Changes which increase floor loading

Any proposed change in the use or occupancy of an existing building or portion thereof which could increase the floor loading should be investigated by a Georgia registered professional engineer to determine the adequacy of the existing floor system to support the increased loads. If the existing floor system is found to be inadequate, it should be modified to support the increased loads or the proposed allowable floor loading shall be reduced by and posted by the appropriate enforcement authority.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-220 - Rules and regulations

The Safety Fire Commissioner shall promulgate reasonable rules and regulations to implement and carry out the requirements of this article.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-221 - Appeals of rulings or decisions

Should any person, firm, corporation, or other entity be dissatisfied with any ruling or decision of the state fire marshal pursuant to the provisions of this article, the right is granted to appeal within ten days to the Commissioner. If the person, firm, corporation, or other entity is dissatisfied with the decision of the Commissioner, appeal is authorized to the superior court within 30 days in the manner provided under Chapter 13 of Title 50. In the event of such appeal, the person, firm, corporation, or other entity shall give a surety bond which will be conditioned upon compliance with the order and direction of the state fire marshal or the Commissioner or both. The amount of bond shall be fixed by the Commissioner in such amount as will reasonably cover the order issued by the Commissioner or the state fire marshal or both.
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 3 - APPLICATION OF BUILDING AND FIRE RELATED CODES TO EXISTING BUILDINGS (§§ 8-2-200 — 8-2-222) › Section 8-2-222 - Immunity of state and local entities; liability of property owner or user

Nothing in this article shall be construed to constitute a waiver of the sovereign immunity of the state or any officer or employee thereof in carrying out the provisions of this article. Further, no action shall be maintained against the state, any municipality, county, or any duly authorized elected or appointed officer or duly authorized employee thereof, for damages sustained as a result of any fire or hazard covered by this article by reason of inspection or other action taken or not taken pursuant to this article. Nothing in this article shall be construed to relieve any property owner or lessee or person in charge thereof from any legal duty, obligation, or liability incident to the ownership, maintenance, or use of such property.
Amended by 2020 Ga. Laws 521,§ 8, eff. 7/29/2020.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-1 - Short title

This article shall be known and may be cited as the "Housing Authorities Law."
Amended by 2024 Ga. Laws 701,§ 1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-2 - Legislative findings and declaration of necessity

It is declared that there exist in the state unsanitary and unsafe dwelling accommodations; that persons of low income are forced to reside in such accommodations; that within the state there is a shortage of safe and sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are therefore forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities; that these distressed areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, solely through the operation of private enterprise, and that the construction of housing projects for persons of low income, as such persons are defined in Code Section
8-3-3
, would therefore not be competitive with private enterprise; that the clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired; and that it is in the public interest that work on such projects be commenced as soon as possible in order to relieve unemployment which now constitutes an emergency. The necessity in the public interest for the provisions enacted in this article is declared as a matter of legislative determination.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-3.1 - Additional definitions

As used in this article, the term:
(1)
"Community facilities" means the land, buildings, improvements, and equipment for such recreational, community, educational, and commercial facilities as the authority determines improve the quality of an eligible housing unit.
(2)
"Eligible housing unit" means real and personal property located in the state constituting single or multifamily dwelling units suitable for occupancy by low and moderate income families and such community facilities as may be incidental or appurtenant thereto; provided, however, that all multifamily dwelling units located within an apartment complex shall qualify as "eligible housing units" if at least 20 percent of the multifamily dwelling units within the complex are occupied by or are held available for occupancy by low and moderate income families.
(3)
"Low and moderate income families" means persons and families of one or more persons, irrespective of race, creed, national origin, or sex determined by the authority to require such assistance as is made available by this article on account of insufficient personal or family income, taking into consideration, without limitation, such factors as:
(A)
The amount of total income of such persons and families available for housing needs;
(B)
The size of the families;
(C)
The cost and condition of housing facilities available;
(D)
The ability of such persons and families to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing sanitary, decent, and safe housing; and
(E)
If appropriate, standards established for various federal programs with respect to housing determining eligibility based on income of such persons and families.
(4)
"Mortgage lenders" means national banking associations, banks chartered under the laws of the state, savings and building and loan associations chartered under the laws of the state or of the United States of America, the Federal National Mortgage Association, and federal or state credit unions. The term shall also include mortgage bankers and other financial institutions or governmental agencies which are authorized to deal in mortgages insured or guaranteed by the federal government and other entities authorized to extend loans for single or multifamily housing under the laws of the state.
(5)
"Mortgage loans" means notes and other evidences of indebtedness secured by mortgages.
(6)
"Mortgaged property" means all properties, real, personal, and mixed, and all interests therein, including grants or subsidies with respect thereto, mortgaged, pledged, or otherwise provided in any manner as security for mortgage loans or loans to mortgage lenders.
(7)
"Mortgages" means security deeds, mortgages, deeds of trust, and other instruments granting security interests in real and personal properties constituting eligible housing units.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-4 - Creation of housing authorities

In each city and in each county of the state there is created a public body corporate and politic to be known as the "housing authority" of the city or county; provided, however, that such authority shall not transact any business or exercise its powers under this article until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time hereafter that there is need for an authority to function in such city or county. The determination as to whether there is such need for an authority to function may be made by the governing body on its own motion or shall be made by the governing body upon the filing of a petition signed by 25 residents of the city or county, as the case may be, asserting that there is need for an authority to function in such city or county and requesting that the governing body so declare.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-5 - Findings required before adoption of resolution

(a)
A governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, as the case may be, if it shall find that insanitary or unsafe inhabited dwelling accommodations exist in such city or county or that there is a shortage of safe or sanitary dwelling accommodations in such city or county available to persons of low income at rentals they can afford.
(b)
In determining whether dwelling accommodations are unsafe or insanitary, said governing body may take into consideration the degree of overcrowding; the percentage of land coverage; the light, air, space, and access available to the inhabitants of such dwelling accommodations; the size and arrangement of the rooms; the sanitary facilities; and the extent to which conditions which endanger life or property by fire or other causes exist in such buildings.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-6 - Resolution as conclusive evidence of authority's establishment and authority

In any action or proceeding involving the validity or enforcement of, or otherwise relating to, any contract of an authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this article upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution shall be deemed sufficient if it declares that there is need for an authority and finds in substantially such terms as appear in subsection (a) of Code Section
8-3-5
, no further detail being necessary, that either or both of the conditions enumerated in that subsection exist in the city or county, as the case may be.
Amended by 2011 Ga. Laws 52,§; 7, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-7 - Applicability of local laws, ordinances, and regulations to housing projects

All housing projects of an authority shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the housing project is situated.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-8 - Exemption of authorities and their property from taxes and special assessments; payments in lieu of taxes and special assessments

The property of an authority is declared to be public property used for essential public and governmental purposes and not for purposes of private or corporate benefit and income. That portion of any housing project subject to a private enterprise agreement contemplated by subparagraph (C) of paragraph (13.1) of Code Section
8-3-3
consisting of the eligible housing units therein that are occupied or reserved for occupancy by persons of low income is declared to be public property used for essential public and governmental purposes and not for purposes of private or corporate benefit or income. Therefore, an authority and its property, as well as only that portion of any housing project subject to a private enterprise agreement contemplated by subparagraph (C) of paragraph (13.1) of Code Section
8-3-3
consisting of the eligible housing units therein that are occupied or reserved for occupancy by persons of low income, shall be exempt from all taxes and special assessments of the city, the county, and the state or any political subdivision thereof, provided that, in lieu of such taxes or special assessments, an authority may agree to make payments to the city or the county or any such political subdivision for improvements, services, and facilities furnished by such city, county, or political subdivision for the benefit of a housing project; but in no event shall such payments exceed the estimated cost to such city, county, or political subdivision of the improvements, services, or facilities to be so furnished.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-9 - Filing reports with clerk; recommending legislation or other necessary action

At least once a year, an authority shall file with the clerk a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this article.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-10 - Vesting of fee simple title upon an authority's exercise of power of eminent domain

Whenever a housing authority is or has been created under the terms of this article, and whenever it is determined by the commissioners or other governing body of such authority to be necessary or advisable to exercise the power of eminent domain by condemning property, and whenever such condemnation proceedings are instituted and carried on under Chapter 2 of Title 22 or through any other method of condemnation provided by law, then upon the payment by such authority seeking condemnation of the amount of the award, or the amount of the final judgment on appeal, such authority shall become vested with a fee simple indefeasible title to the property to which such condemnation proceedings relate. It is declared to be necessary in order to enable such authorities to exercise their franchise that, upon such condemnation proceedings being had, such housing authorities shall become vested with fee simple indefeasible title to the property involved in such proceedings.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-11 - Renting of housing units - Requirements as to fixing of rentals by authorities generally

It is declared to be the policy of this state that each housing authority shall manage and operate its housing projects or, in the event of its use of a private enterprise agreement, shall cause each housing project subject thereto to be managed and operated in an efficient manner so as to enable it to fix the rentals for dwelling accommodations for persons of low income at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations for persons of low income, and that no housing authority shall construct or operate the dwelling accommodations in any such project that are occupied or reserved for occupancy by persons of low income for a profit or as a source of revenue to the city or the county. To this end, an authority shall fix the rentals for those dwelling accommodations in such housing projects that are occupied or reserved for occupancy by persons of low income at no higher rates than it shall find necessary in order to produce revenues which, together with all other available moneys, revenues, income, and receipts of the authority from whatever sources derived, will be sufficient:
(1)
To pay, as the same become due, the principal of and the interest on the bonds of the authority which from time to time are outstanding;
(2)
To meet the cost of maintaining and operating the eligible housing units in such projects that are used, occupied, or reserved for use or occupancy by persons of low income, including the cost of any insurance; to meet the administrative expenses of the authority; and to provide reasonable reserves for maintenance and operating expenses; and
(3)
To create and maintain such reasonable reserves as may be required in connection with the issuance of any bonds of the authority now outstanding or hereafter issued, and to create and maintain reasonable reserves for its future operations.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-12 - Dwelling accommodations for persons of low income; duties with respect to rentals and tenant selection

(a)
In the operation or management of housing projects, an authority shall at all times observe or cause to be observed the following duties with respect to rentals and tenant selection in those dwelling accommodations that are reserved for occupancy by persons of low income:
(1)
It may rent or lease such dwelling accommodations only to persons of low income;
(2)
It may rent or lease such dwelling accommodations only at rentals within the financial reach of such persons of low income;
(3)
It may rent or lease such dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed low-income occupants thereof without overcrowding;
(4)
It shall not accept any person as a tenant in such dwelling accommodations if the person or persons who would occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $100.00 for each minor member of the family other than the head of the family and his or her spouse, in excess of five times the annual rental of the dwelling accommodation to be furnished such person or persons. In computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost to the occupants, as determined by the authority, of heat, water, electricity, gas, cooking range, and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental; and
(5)
It shall prohibit subletting by low-income tenants.
(b)
Nothing contained in this Code section or Code Section
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shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a default by the authority or by any for profit entity in which the authority participates, directly or indirectly, through a private enterprise agreement, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by this Code section or Code Section
8-3-11
, provided that an authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-13 - Cooperation and joint operation by authorities

(a)
Any two or more authorities may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing (including the issuance of bonds, notes, or other obligations and giving security therefor), planning, undertaking, owning, constructing, operating, or contracting with respect to a housing project or projects located within the area of operation of any one or more of said authorities. For such purpose, an authority may by resolution prescribe and authorize any other housing authority or authorities, so joining or cooperating with it, to act on its behalf with respect to any or all powers. For purposes of this Code section the term "authorities" shall include an urban residential finance authority created pursuant to the provisions of Chapter 41 of Title 36.
(b)
Any authorities joining or cooperating with one another may by resolution appoint from among the commissioners of such authorities an executive committee with full power to act on behalf of such authorities with respect to any or all of their powers, as prescribed by resolutions of such authorities.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 1 - GENERAL PROVISIONS (§§ 8-3-1 — 8-3-17) › Section 8-3-16 - Providing housing in rural areas

Any housing authority which has rural areas under its jurisdiction may undertake the provision of housing for families of low income in such rural areas and may comply with any conditions not inconsistent with the purposes of this article required by the federal government pursuant to federal law in any contract for financial assistance with the authority concerning such undertakings.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 2 - POWERS OF HOUSING AUTHORITIES GENERALLY (§§ 8-3-30 — 8-3-36) › Section 8-3-31 - Eminent domain

An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired, except that no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without the consent of such city, county, state, or other political subdivision.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 2 - POWERS OF HOUSING AUTHORITIES GENERALLY (§§ 8-3-30 — 8-3-36) › Section 8-3-31.1 - "Public use" defined; eminent domain to be exercised solely for public use

(a)
As used in this Code section, the term "public use" shall have the meaning specified in Code Section
22-1-1
.
(b)
Any exercise of the power of eminent domain under this chapter or Chapter 4 of this title must:
(1)
Be for a public use; and
(2)
Be approved by resolution of the governing body of the municipality or county in conformity with the procedures specified in Code Section
22-1-10
.
Added by 2006 Ga. Laws 444,§ 2, eff. 4/4/2006.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 2 - POWERS OF HOUSING AUTHORITIES GENERALLY (§§ 8-3-30 — 8-3-36) › Section 8-3-32 - Borrowing money and accepting grants and other financial assistance from federal government; taking over, leasing, or managing projects constructed or owned by federal government; purpose and intent of article

An authority is empowered to borrow money or accept grants or other financial assistance from the federal government for, or in aid of, any housing project within its area of operation; to take over or lease or manage any housing project or undertaking constructed or owned by the federal government; and, to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable. It is the purpose and intent of this article to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, or operation of any housing project by such authority.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 2 - POWERS OF HOUSING AUTHORITIES GENERALLY (§§ 8-3-30 — 8-3-36) › Section 8-3-33 - Contracts and agreements with federal government to obtain federal contributions to housing projects

(a)
In any contract or amendatory or superseding contract for a loan and annual contributions heretofore or hereafter entered into between a housing authority and the federal government with respect to any housing project undertaken by said housing authority, the authority is authorized to make such covenants (including covenants with holders of bonds issued by the authority for purposes of the project involved) and to confer upon the federal government such rights and remedies as the authority deems necessary to assure the fulfillment of the purposes for which the project was undertaken.
(b)
In any contract with the federal government for annual contributions to an authority, the authority may obligate itself to convey to the federal government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default, as defined in such contract, with respect to the covenants or conditions to which the authority is subject. Such obligation shall be specifically enforceable and shall not constitute a mortgage, any other laws notwithstanding.
(c)
Any contract with the federal government for annual contributions to an authority may further provide that in case of a conveyance pursuant to subsection (b) of this Code section, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of such contract.
(d)
Any contract entered into pursuant to subsections (b) and (c) of this Code section shall require that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the project as then constituted.
2023 CODE OF GEORGIA › Title 8 - BUILDINGS AND HOUSING (§§ 8-1-1 — 8-7-1) › Chapter 3 - HOUSING GENERALLY (§§ 8-3-1 — 8-3-332) › Article 1 - HOUSING AUTHORITIES (§§ 8-3-1 — 8-3-137) › Part 2 - POWERS OF HOUSING AUTHORITIES GENERALLY (§§ 8-3-30 — 8-3-36) › Section 8-3-34 - Housing studies and analyses

(a)
Any housing authority may, within its area of operation, undertake studies and analyses of housing needs and of the measures required to meet such needs, including the gathering of data with respect to population and family groups, and the distribution of such groups according to income, and the gathering of data with respect to the amount and quality of available housing, and its distribution according to rental and sales prices, employment, wages, and other factors affecting local housing needs and the measures required to meet such needs.
(b)
An authority may make the results of such studies and analyses available to the public and to the building, housing, and supply industries.
(c)
An authority may also engage in research and disseminate information on the subject of housing generally.