§ 15.10.030. Minimum Standard Codes, administration.

A.

Administration. In addition to the provisions of the International Building Code adopted by the State of Georgia and as amended by the Georgia Department of Community Affairs, Chapter 1 of the International Building Code is hereby adopted in its entirety, except as amended in this Section, and is applicable as Chapter 1 for each Minimum Standard Code adopted pursuant to section 15.10.020.A with the exception of the International Fire Code. Said amendments are as follows:

1.

Department of building safety. International Building Code § 103, Department of Building Safety, is deleted in its entirety and the following is inserted in lieu thereof:

The term "department of building safety" or "building safety" as used in this Code shall refer to the Hall County Building Inspections Department or other Hall County administrative division or department as designated by the Hall County Administrator. The building official shall be designated by the Hall County Administrator.

2.

Fees. For all Codes adopted in section 15.10.020, fees shall be administered as specified in § 108 of the International Building Code, based on the current fee schedule established by the Hall County Board of County Commissioners.

3.

Board of appeals. International Building Code § 112 "Board of Appeals" is deleted in its entirety and the following is inserted in lieu thereof:

(a)

Appeals-general. Whenever the building official, code official or other county official responsible for the application and enforcement of this Code shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of the code do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of the code or any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner of such building or structure or his authorized agent may appeal from the decision of the building official, code official or other county official responsible for the application and enforcement of this Code to the Hall County Board of Commissioners in writing, setting forth the action or ruling appealed in detail, within 30 days of the action or ruling. The Hall County Board of Commissioners shall hold a hearing on the appeal within 15 days of filing and shall render a decision within 30 days of the hearing. A fee of $50.00 shall be paid for each appeal filed.

(b)

Variance to code after hearing. The Hall County Board of Commissioners, when so appealed to and after a hearing, may vary the application of any provision of the code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this Code or public interest, or when, in its opinion, the interpretation of the building official, code official or other county official responsible for the application and enforcement of this Code should be modified or reversed.

(c)

Recording minutes of hearing. A decision of the Hall County Board of Commissioners to vary the application of any provision of the code, or to modify an order of the building official, code official or other county official responsible for the application and enforcement of this Code shall specify in what manner such variation of modification is made, the conditions upon which it is made and the reasons therefor and shall be recorded in the minutes of the meeting at which the decision is made.

(d)

Reversal of decision. If a decision of the Hall County Board of Commissioners reverses or modifies a refusal, order or disallowance of the building official, code official or other county official responsible for the application and enforcement of this Code or varies the application of any provision of the code, the building official, code official or other county official responsible for the application and enforcement of this Code shall immediately take action in accordance with such decision

4.

Violations.

(a)

Prosecution of violation. International Building Code § 113.3, Prosecution of Violation, is deleted in its entirety and the following is inserted in lieu thereof:

In case any building, structure, land, mechanical system, plumbing system, or other system, installation or equipment regulated by this Code is or is proposed to be used, operated, occupied, erected, constructed, reconstructed, altered, converted or maintained, or any building, structure, land, mechanical system, plumbing system, or other system, installation or equipment regulated by this Code is or is proposed to be used in violation of any provision of the this chapter, the building or code official, county attorney, or other appropriate authority of the county may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful operation, occupation, erection, construction, reconstruction, alteration, conversion, maintenance, or use to correct or abate such violation or to prevent the occupancy of such building, structure or land.

(b)

Violation penalties. International Building Code § 113.4, Violation penalties, is deleted in its entirety and the following is inserted in lieu thereof:

Any person who violates a provision of this chapter or fails to comply with any of the requirements thereof or who operates, occupies, erects, constructs, reconstructs, alters, converts, maintains or repairs a building, structure, land, mechanical system, plumbing system, or other system, installation or equipment regulated by this Code in violation of the approved construction documents or directive of the building official, code official or other official responsible for the application and enforcement of this Code, or of a permit or certificate issued under the provisions of this chapter, shall be guilty of a misdemeanor, amenable to the process of the Magistrate or State Court of Hall County, and upon conviction, shall be punished as provided in the Official Code of Hall County, Georgia section 1.50.020 for each violation in the discretion of the Court. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. of 7-13-06, § 2)