Atlanta City Council Adopts New Permitting & Inspections Reform

Earlier this year, representatives of Atlanta’s Building Department met with IEC Board President and ED Niel Dawson, as well as other trade organizations, explaining their efforts to reform the building department. One of the most important components of the reform package was the establishment of an Enterprise Fund for the Department, versus the current process that charges and collects fees that are deposited into the city’s general fund. Additionally, one other important component is the use of combination inspectors that will be phased in.
On November 7, 2011 the Atlanta City Council passed the final two ordinances of the Office of Buildings building permit reform package. This final milestone is the culmination of almost a year’s worth of work by the City of Atlanta and the development community to bring about positive reforms within the Atlanta Office of Buildings.  The building permit reform package and office restructuring will implement innovative methods to provide a better customer experience for the construction industry.

The building reform permit package will:

    -Establish an Enterprise Fund where fees collected for the services provided will remain within the Office of Buildings for training and technology upgrades

    -Update permit fees to support the improved permitting process and maintain training within the division

    -Form an Enterprise Fund Committee to provide oversight and accountability to the Office of Buildings

    -Authorize the Chief Financial Officer to transfer funds from FY 2012 general fund anticipations and appropriations to the Enterprise Fund

    -Consolidate all permitting functions under one entity improving Atlanta’s Insurance Services Organization (ISO) rating

    -Clarify how the Board of Zoning Adjustments will operate after the consolidation of functions of various agencies that regulate permitting and zoning such as the Atlanta Fire Rescue Department and Department of Watershed Management into the Office of Buildings

    -Train staff in International Code Council standards where they will receive $2,000 for each certification that is received and maintained

    -Allow staff to perform multiple inspections under the combination inspector program.

The reforms will be phased in over the next year.  You can learn more by reading the building reform package ordinances at the links below.

    Ordinance 11-0-1290
    Ordinance 11-0-1291
    Ordinance 11-0-1292
    Ordinance 11-0-1293
    Ordinance 11-0-1504

Changes to Lien Law now in effect!

Time-lines and Other information in the Lien Process:

• Notice of Commencement: Filed by owner or general contractor within 15 days of starting work on a project. Get a copy of this from the courthouse in the county where the work is being done. Contains: Name, Address and Phone number of the contractor performing the work. Also contains the name and address of the project, property owners information and other information about performance and payment bonds.

The contractor should post the Notice of Commencement on the job-site and provide subcontractors a copy upon a written request.

• Liens must be filed within 90 days of completing work or providing material.
• You must perfect a lien within 365 of the date of filing the lien. To perfect a lien you must file a lawsuit, proof of claim in a bankruptcy or a binding arbitration.
• Notice of Liens, you must send a copy to the contractor or owner within 2 business days of filing the lien. You get extra time if day two falls on a weekend or holiday.
• File an Interim Waiver and Release Upon Payment notice once significant work and payments are complete.
• File a Final Lien Waiver form once the work is completed.

There is a specific font type and specific language that each Interim and Final Lien Waver must follow in order to be legal.

• Affidavit of Nonpayment needs to be filed within 60 days of the Final Lien Waiver in order to protect your rights.

Again certain fonts and other language must be present in order to make the Affidavit of Nonpayment legal. You also must send a copy to the owner and contractor.

The new Lien Law in Georgia is complicated; therefore, you should become completely familiar with its requirements in order to protect your rights and contact your attorney to assure you have not given up your lien rights.

For legal advice on the Lien Law contact IEC Partner member Attorney David Moulds at 678-364-1171.