HomeMy WebLinkAboutORD 6704 AMEND CITY CODE BUILDING CONTRACTORS
Augusta Richmond GA
DOCUMENT NAME: D- ~\ - G 10-\
DOCUMENT TYPE: O'(d,rPf'(e.
YEAR: 0-A
BOX NUMBER: f) d
FILE NUMBER: \l'dlsLO
NUMBER OF PAGES:
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** As submitted by the Construction Advisory Board and as revised by the City Attorney for
changes as to form**
ORDINANCE NO. 6704
AN ORDINANCE AMENDING TILE 7, CHAPTER 1, ARTICLE 6, ~7-1-
116 OF THE CODE OF ORDINANCES OF AUGUSTA, GEORGIA, TO
PROVIDE FOR HREGISTRA TlON OF BUILDING CONSTRACTORS AND
PRIVA TE BUILDING INSPECTORS AND CONSULTANTS FOR
PAYMENT OF OCCUAPTION TAX, BOND AND LlABITY INSURANCE
TO PROVIDE FOR AN EFFECTIVE DA TE, AND TO REPEAL ANY
CONFLICTING ORDINANCES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY
COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF
SAME, that the Augusta-Richmond County Code be amended to provide for
registration of building contractors and private building inspectors and consultants
for payment of occupation tax, bond and liability insurance to provide for an
effective date, and to repeal any conflicting ordinances.
WHEREAS, it is the intent of the Board to safeguard homeowners, other property
owners, tenants, and the general public against faulty, inadequate, inefficient, and unsafe
residential contractors, general contractors, and private building inspectors!
consultants. The practice of residential contracting, general contracting, and private
building inspecting/consulting is declared to be a business or profession affecting the
public interest and this chapter shall be liberally construed so as to accomplish the intent
stated in this code section.
WHEREAS, the Board recognizes the need to set forth rules and regulations to govern
and implement the registration and dispute resolution and corrective action procedures;
WHEREAS, in furtherance of these goals, the Board desires to amend Title 7:
Building And Construction, Chapter 1: Building And Building Regulations, Article 6:
Construction Trades Regulation, S7-1-116 Payment Of Occupation Tax, Bond And
Liability Insurance Required, by deleting (a), (b), (c), (d), and adding this Code and
providing for the enforcement thereof.
NOW, THEREFORE, BE IT ORDAINED by the Board, and it is hereby ordained by
authority of same as follows:
Section 1. Amendment of Title 7, Chapter 1, Article 6, ~7-1-116. The Code of
Ordinances of AUGUSTA, Georgia is hereby amended by deleting ~7-1-116: a,b,c,d, and
inserting in Title 7, Chapter 1, Article 6, ~7-1-116 a new Code titled "REGISTRATlON OF
BUILDING CONTRACTORS AND BUILDING INSPECTORS; PA YMENT OF
OCCUPATION TAX, BOND AND LlABILlTlY INSURANCE REQUIRED" to read as
follows:
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$ 7-1-116-1.
It shall be the duty of every contractor or builder who shall make contracts for the
erection or construction or repair of buildings for which a permit is required, and every
contractor, private inspector/ consultant, builder or specialty contractor making such
contracts and subletting the same, or any pari thereof, to do the following.
(a) Obtain a business tax certificate in accordance with Title 2 of the Augusta-Richmond
County Code; or, if a business tax certificate or business license has been obtained
elsewhere in the State of Georgia and is current and valid, present a copy of said
business tax certificate or license to the License & Inspection Department.
(b) Execute and deposit in the license and inspection department a bond as specified.
Such bond to be conditioned that all work performed by the contractor or under his
supervision shall be performed in accordance with the provisions of this building code
and that he shall pay all fees and penalties properly imposed upon him for violations of
the provisions of this building code.
(c) Place on file in the license and inspection department office a certificate of insurance
for public liability and property damage for an amount not less than fifty thousand
dollars ($50,000.00) for each person and one hundred thousand dollars ($1
00,000.00) for each occurrence, It shall be the responsibility of the contractor to notify
the License and Inspection office immediately upon cancellation of or change in
public liability and property damage insurance.
(d) Present proof of worker's compensation insurance in amounts as required by the
laws of the State of Georgia. Each registrant under this Article must have workers
compensation insurance on its employees, as required by the laws of the state of
Georgia. Failure to keep such workers compensation insurance in force at all times
shall be grounds for immediate revocation of the registration and the certificate
evidencing same. (e) Comply with the regulations provided in S7-1-116-2 through S7-
1-1 16-17.
~ 7 -1-116-2. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Building Inspectorl Consultant means a private person or entity which performs or offers to
perform building inspection / consulting services.
Building official means that person designated with the title of building official employed within
the License & Inspection Department.
Certificate means a registration certificate issued in accordance with this chapter.
City means Augusta, Georgia,
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Commercial contractor means a person or entity which performs, supervises or offers to
perform or supervise the construction, installation, alteration, replacement or repair of a
building or structure, or the improvement of any kind to real property, for which a permit is
required by the Code of Ordinances of Augusta, Georgia.
Commission means the AUQusta-Richmond County Commission which is also known as
the Auqusta Commission.
Construction Board means the Augusta Construction Advisory Board established under this
chapter (see S7-1-46).
Continuing Education Units means credits that are received for participation in continuing
education and professional development activities, i. e.: attending Construction Advisory
Board meetings, Subdivision Regulation Committee meetings, and construction, development,
and environmental seminars, etc.
Department means the License & Inspection Department.
Designated Committee means a committee of the commission designated by the
commission to act as provided for in this article,
Residential builder means a person or entity which performs, supervises, or offers to perform
or supervise the construction, repair, improvement, or re-improvement of a residential
building or structure which is not over three floors in height and which does not have more than
sixteen units in any single apartment building, and/or any ancillary structures or facilities
related to such residential buildings for which a permit is required by the Code of Ordinances
of Augusta, Georgia. Residential builders are authorized to build commercial structures up to
5,000 square feet of heated area.
Specialty contractor means a person or entity which is not a registered residential builder
or commercial contractor which performs or offers to perform construction installation,
alteration, repair, improvement, or alteration of a specific aspect of any part of a building,
structure or other improvement to real estate which requires special skills and involves
the use of specialized construction trades or craft, involving the following elements of
construction work for which a permit is required by the Code of Ordinances of Augusta,
Georgia:
(a) roofing
(b) pool construction
(c) landscaping
(d) yard sprinkler installation
~7 -1-116-3. Reoistration Required.
Any person or other entity desiring to own, operate, conduct and carry on, in Augusta,
the business of performing services as a residential builder, commercial contractor, specialty
contractor, or private building inspector / consultant before doing so, shall register with the
City as herein provided and shall have in his possession a then current certificate, A registrant
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holding a specialty contractor certificate is not registered to own, operate, conduct or carry on
a business of providing the seNices of a residential builder or commercial contractor. A
registrant holding a residential builder certificate is not registered to own, operate or conduct a
business of providing the seNices of a commercial contractor, but may provide the seNices of
a specialty contractor. A registrant holding a commercial contractor's certificate may perform
the seNices of a residential builder or a specialty contractor. A registrant holding a private
building inspector / consultant certificate may perform only the seNices of building inspection.
A certificate for any entity that is not a natural person must be held by an owner, partner,
member, or officer of the business entity who is primarily responsible for the oversight of the
performance of the construction seNices offered by the registrant in Augusta, Georgia.
~7 -1-116-4. Qualifications for a Residential Builder's Reqistration and Certificate.
(A) In order to register as a residential builder and obtain a residential builder's certificate
under this article, the applicant must satisfy the following requirements:
(1) File with the commission a written application on a form as prescribed by the
commission.
(2) Present proof of a passing grade on the National Standardized Contractor
Examination for residential builders or any other examination for residential builders that is
approved for this purpose by the commission or certification by a residential builder or
commercial contractor registered in the City that the applicant has a minimum of one year of
actual experience or a certificate of completion in a building construction related field from a
technical school. Proof of licensure in good standing in other jurisdictions following passage
of any examination which has been determined by the Building Official to be a comparable
examination to that required by this ordinance, including, but not limited to, South Carolina,
Florida, North Carolina, Tennessee, Alabama and such other jurisdictions as the commission
shall approve shall be sufficient to satisfy the requirements of this paragraph.
(3) Present proof of worker's compensation insurance in amounts as required by the
laws of the State of Georgia. Failure to keep such workers compensation insurance in force at
all times shall be grounds for immediate revocation of the registration and the certificate
evidencing same.
(4) Submit executed bond on the form and with a surety approved by the
commission in the sum of not less than fifteen thousand dollars.
(5) Provide certification from the providers of continuing education for contractors that
the applicant has received not less than 6 hours of such continuing education in the preceding
calendar year. Continuing Education Units means credits that are received for participation in
continuing education and professional development activities, i. e.: attending Construction
Advisory Board meetings, Subdivision Regulation Committee meetings, and construction,
development, and environmental seminars, etc. One hour of credit is received for each
meeting or seminar that is attended.
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(B) The License & Inspection Department shall register the applicant as a residential builder if,
based on the information generated in the application process or obtained from sources
reasonably believed by the commission to be credible, the commission finds that the applicant
has met all of the requirements and demonstrated an ability to engage in the business of
serving as a residential builder in the City. The submission of false or misleading information in
the application will be a basis for denying or revoking a registration,
&7-1-116-5. Qualifications for a Commercial Contractor's Reqistration and Certificate.
(A) In order to register as a commercial contractor and obtain a commercial contractor's
certificate under this article, the applicant must satisfy the following requirements:
(1) File with the commission a written application on a form as prescribed by the
commission.
(2) Present proof of a passing grade on the National Standardized Contractor
Examination for commercial contractors or any other examination for commercial contractors
that is approved for this purpose by the commission, or certification by a commercial
contractor registered in that City that the applicant has a minimum of one year actual
experience under a licensed general contractor or a certificate of completion in a building
construction related field from a technical school. Proof of licensure in good standing in other
jurisdictions following. a passage of any examination which has been determined by the
Building Official to be a comparable examination to that required by this ordinance, including,
but not limited to, South Carolina, Florida, North Carolina, Tennessee, Alabama and such
other jurisdictions as the commission shall approve shall be sufficient to satisfy the
requirement of this paragraph.
(3) Present proof of worker's compensation insurance in amounts as required by
the laws of the State of Georgia. Failure to keep such workers compensation insurance in
force at all times shall be grounds for immediate revocation of the registration and the
certificates evidencing same,
(4) Submit executed bond in the form and with a surety approved by the
commission in the sum of not less than twenty thousand dollars.
(5) Provide certification from the providers of continuing education for contractors
that the applicant has received not less than 6 hours of such continuing education in the
preceding calendar year. Continuing Education Units means credits that are received for
participation in continuing education and professional development activities, i.e.: attending
Construction Advisory Board meetings, Subdivision Regulation Committee, meetings, and
construction, development, and environmental seminars, etc.
(B) The License, & Inspection Department shall register the applicant as a commercial
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contractor if, based on the information generated in the application process or obtained from
sources reasonably believed by the commission to be credible, the commission finds that the
applicant has met all of the requirements and demonstrated an ability to engage in the
business of serving as a commercial contractor in the City. The submission of false or
misleading information in the application will be a basis for denying or revoking a registration.
cS 7 -7 - 776- 6 Qualifications for a Specialty Contractor's ReGistration and Certificate
(A) In order to register as a specialty contractor and obtain a specialty contractor's
certificate under this article, the applicant must satisfy the following requirements,
(1) File with the commission a written application on a form as prescribed by the
commission.
(2) Present proof of worker's compensation insurance as required by the laws of the
State of Georgia. Failure to keep such workers compensation insurance in force at all times
shall be grounds for immediate revocation of the registration and the certificates evidencing
same.
(3) Submit executed bond in the form and with a surety approved by the commission in
the sum of not less than five thousand dollars.
(B) The commission shall register the applicant as a specialty contractor if, based on the
information generated in the application process or obtained from sources reasonably
believed by the commission to be credible, the commission finds that the applicant has
met all of the requirements and demonstrated an ability to engage in the business of
serving as a specialty contractor in the designated areas of specialty in Augusta. The
submission of false or misleading information in the application will be a basis for denying
or revoking a registration.
(C) The field and scope of the operations of a specialty contractor in the City are limited to
those in which the specialty contractor is registered.
~7-1-116-7, Do It Yourself ReGistration For SinGle Family Residential Property Owner.
(A) An owner of single family residential property who improves the property or who builds or
improves structures or appurtenances on the property which require a building permit must
apply for a do it yourself registration and certificate which will be good for and apply only to
the specific construction project described therein if
(1) the owner does the work himself, with his own employees, or serves as his own
residential builder using licensed specialty contractors;
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(2) the structure, group of structures, or appurtenances, including the improvements,
are intended for the owner's sole occupancy or occupancy by the owner's family and are not
intended for sale or rent; and
(3) the general public does not have access to this structure.
(B) In order to register for a do it yourself project and obtain a do it yourself certificate
under this article, the applicant must satisfy the following requirements:
(1) file with the commission a written application on a form as prescribed by the
commission;
(2) present a statement describing the project to be constructed, the role that the
applicant will play in the construction, listing those who will be involved in performing any of
the construction work and listing the applicant's education, training experience and other
related factors demonstrating the applicant's ability and fitness to perform the work; and
(3) Present proof of worker's compensation insurance coverage in the amount
required by the laws of the State of Georgia for those working on the project. Failure to keep
such workers compensation insurance in force at all times shall be grounds for immediate
revocation of the registration and the certificates evidencing same.
(C) The commission shall register the applicant as a do it yourself contractor if, based on
the information generated in the application process, or obtained from sources
reasonably believed by the commission to be credible, the commission finds the applicant
is at least minimally qualified to construct the do it yourself project in accordance with the
ordinances of the City. The submission of any false or misleading information in the
application will be a basis for denying or revoking a registration.
(0) To qualify for a do it yourself registration under this section, an owner must personally
appear and sign the building permit application. The department shall provide the person with
a disclosure agreement in substantially the following form, which must be signed by the
registrant agreeing to the terms thereof'
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. .
"Disclosure Agreement"
The Undersigned Agrees As Follows:
Augusta, Georgia ordinances require that residential construction work shall be performed by
registered residential builders. I have applied for a do it yourself registration. The registration
allows me, as the owner of my property, to act as my own residential builder even though I
have not registered as a residential builder. I must supervise the ? construction myself. I may
build or improve a single-family residence for use and occupancy only by myself and my
family. It may not be built for sale or rent. If I sell or rent a building I have built myself within
two years after the construction is complete, it will be presumed (subject to any right to rebut
same) that I built the home for sale or rent, which is a violation of the ordinance. I may not hire
an unregistered person or entity to perform services for me as a residential builder. It is my
responsibility to make sure that people employed by me have the registration certificates
required by Augusta's contractor registration ordinances. My construction must comply with all
applicable laws, ordinances, building codes, and zoning regulation
'Registrant's Signature"
(E) Nothing in this chapter may be construed to authorize an owner of residential property to
hire or engage a person or entity that is not registered in accordance with this Article, and an
Owner shall not use a person as a superintendent who performs many of the duties of a
registered residential builder, unless such person is a registered residential builder.
~7 -1-116-8. Qualifications for Home and Commercial Private Buildinq Inspectors /
Consultants. Reqistration Required
(A) In order to register as a private residential home inspector I. consultant or a private
commercial building inspector/ consultant and obtain a residential or commercial private
sector building inspector's / consultant's certificate under this article, the applicant must
satisfy the following requirements:
(1) Present proof of current certification by the American society of Home
Inspectors, or any other national certifying agency for building inspectors that is approved
for this purpose by the Commission, as a private building inspector for residential and
commercial structures.
(2) File with the commission a written application on a form as prescribed by the
commission.
(3) Present proof of worker's compensation insurance in amounts as required by the
laws of the State of Georgia. Failure to keep such workers compensation insurance in force at
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. .
all times shall be grounds for immediate revocation of the registration and the certificates
evidencing same.
(4) Provide certification from the providers of continuing education for building inspectors that
the applicant has received not less than 6 hours of such continuing education in the preceding
calendar year. Continuing Education Units means credits that are received for participation in
continuing education and professional development activities, i.e.: attending Construction
Advisory Board meetings, Subdivision Regulation Committee meetings, and construction,
development, and environmental seminars, etc.
(B) The commission or examining officials shall register the applicant as a building
inspector if, based on the information generated in the application process or obtained
from sources reasonably believed by the commission or examining officials to be credible,
the commission or examining officials finds that the applicant has met all of the
requirements and demonstrated an ability to engage in the business of serving as a
building inspector in the County in a competent and ethical manner. The submission of
false or misleading information in the application will be a basis for denying or revoking a
registration.
~7 -1-116-9 Forms for Application for Reqistration,
(A) Application Forms for registration under this Article shall require, but shall not be limited to
the following information:
(1) The name and address of each applicant.
(2) A description of all of the goods and services to be offered by the proposed
business, and the type of registration being sought.
(3) The name of the business and location of the principal office of the business
to be carried on.
(B) Incomplete applications; swearing to before notary public. Failure to pay the license,
administrative and investigative fees at the time of filing the registration application, or failure
to furnish all information as required by an application form, will cause the application to be
deemed to be incomplete and no action will be taken thereon until such application is
complete. All applications shall be sworn to by the applicant before a notary public or other
officer empowered by law to administered oaths.
~ 7 -1-116-10 Approval Procedures.
An application for a registration or renewal of registration under this article shall be presented
to the Commission within 45 days after the date such application is deemed complete.
~7 -1-116-11. Expiration; renewal of reqistration.
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(A) Each registration granted under this article shall expire on December 31 of the third
calendar year in which the certificate was issued. To renew a registration the person or entity
holding the current registration shall file with the commission, on a form as prescribed by the
commission, a written application for renewal of the registration. Such application form shall
include but not be limited to updated information of that called for in the prior years
registration or renewal application
(B) If a registration expires and is not renewed within one (1) year after its expiration, the
holder of such certificate seeking to again register will have to apply for registration as a new
registrant and will not be allowed to use the reapplication process.
(C) As a condition of registration renewal, registrant must satisfactorily complete 18 hours of
continuing education.
(0) Renewal applications shall be approved if the commission or designated committee
finds from the information available that the applicant has met all of the requirements,
complied with this Article and demonstrated an ability to engage in the business covered
by the registration sought to be renewed. The submission of false or misleading
information in the renewal application will be a basis for denying or revoking a renewal of
the registration.
(E) A registrant must notify the commission in writing within thirty days of any change in the
information required to be on file with the commission including, but not limited to, the
licensee's current mailing address.
~7-1-116-12. Phase In Procedures.
(A) Any applicant seeking to register under this Article as a residential builder or
commercial contractor in calendar years 2005 and 2006 will not be required to meet the
examination requirement set out in Sections 7 -1-116-4-(A)2) or 7-1-1 16-5-A(2) as the case
may be if such applicant files proof in a form acceptable to the examining officials that in the
two years preceding the date of the application the applicant, acting in the capacity of
residential builder or commercial contractor, as the case may be, started, pursued and
successfully completed not less than three construction jobs of the type for which the
applicant is seeking registration. The term "successfully completed" for this purpose shall
mean that such job has been completed prior to the filing of the application, Such jobs need
not be located in the City,
(B) Any applicant seeking registration under this Article as a building inspector /
consultant in calendar years 2005 and 2006 will not be required to meet the examination
requirement set forth in Section 7-1-116-8 A(2) if such applicant files proof in a form
acceptable to the examining officials that in the two years preceding the date of the
application, the applicant, acting as a building inspector, has performed and successfully
completed not less than three building inspection jobs of the type applicant is proposing to
conduct if registered. The term "successfully completed" for this purposed shall mean that .
such inspection has been completed prior to the filing of the application, Such inspections
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need not have been performed on property located in the City,
(C) The provisions of this Section 7-1-116-12 shall expire without any further action required
by the Board of Commissioners on January 1 , 2007 and thereafter shall be of no further
force and effect.
~7 -1-116-13, Transferabilitv.
No registration under this article shall be transferable.
~7 -1-116-14. Standards of Performance and Qualitv.
(A) All registrants under this article are required to provide the construction services which
they are registered to perform in accordance with all applicable ordinances, construction
standards and building codes adopted by the state and City and all applicable state and
federal laws, rules and regulations or acceptable insured warranties.
~7 -1-116-15 Exemption from Complaint Handlinq Procedure
(A) If the complainant possesses an insured warranty provided by the registrant, the remedy
of the complainant is through the complaint resolution procedures of the warranty company.
At a minimum the insured warranty provided by the registrant must include one-year
coverage for defects in material and workmanship and ten year coverage for major structural
defects.
(B) Code violations are not exempt.
~7 -1-116-16 Procedure for Handlinq Complaints,
(A) Complaint and Right to Hearing. Any party, including the City, may file a complaint against
a registrant under this Article for violation of the provisions of this Article, The complaint shall
be filed in writing on a form prepared by the building official which form shall be completed
and sworn to by the person filing the complaint. The building official shall give written notice of
a complaint to the registrant being complained against. The building official shall try to resolve
the complaint between the complainant and the registrant. If the complaint is not resolved in
this manner, the building official shall make a determination as to whether or not the complaint
could involve a violation of this article and notify the complainant and the registrant of this
determination. If the building official determines that the complaint could involve a violation of
this article, the complaint shall be heard by the construction board in an open hearing. The
building official shall give the complainant and the registrant notice of the time and place of the
hearing which must be mailed at least thirty (30) days before the date fixed for the hearing.
The notice of the hearing shall set forth the nature of the complaint being made with reference
to any relevant supporting documents that have been provided to the building official by the
complainant. The notice must be sufficiently adequate to apprise the registrant of the charges
against it.
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(8) Rights of hearing participants. Any participant in the hearing shall be entitled to be
accompanied and represented at the hearing by an attorney or other person of the
participant's choice. During a hearing, the representatives of each of the participants shall have
the right to:
(1) Call and examine witnesses who voluntarily agree to appear on behalf of the
participant calling such witnesses. Notice is given to the participants that the construction
board does not have the legal power of subpoena.
(2) introduce exhibits and documents relevant to the issues.
(3) Cross-examine witness of other participants on any matter relevant to issues,
(4) Rebut any evidence.
(5) Request that the record of the hearing be made by use of a court reporter (if such
request is made at least ten (10) days prior to the hearing date or, if the material is to be
reduced to writing promptly after the hearing, an electronic recording unit
If any of the participants in the hearing do not testify in their own behalf, such
participant may be called and examined by another participant as if under cross-
examination.
(C) Presiding officer. The chairman of the construction board, or in his absence the vice
chairman or in the absence of both the chairman and vice chairman a member of the
construction board designated by the members present at the hearing shall be the presiding
officer at the hearing. The presiding officer shall act to maintain decorum and to assure that all
participants in the hearing have a reasonable opportunity to present relevant oral and
documentary evidence. The presiding officer shall be entitled to determine the order of
proceedings during the hearing, to promulgate rules of procedure not inconsistent with this
Article, to exclude or remove any person who is disruptive to an orderly and professional
hearing, and to refuse to admit evidence, which is not relevant to the subject matter of the
hearing. Service as the presiding officer shall not in any way prevent the presiding officer from
full participation in the deliberations and actions of the construction board on the matter, The
presiding officer may in his/her discretion appoint a parliamentarian to serve as an advisor to
the presiding officer on procedural matters during the course of the hearing and in preparing
the construction board's report. The parliamentarian may in the discretion of the presiding
officer be present during deliberations by the construction board, but shall not have a vote on
the matters to be determined by the construction board.
(0) A record of the hearing shall be kept that is of sufficient accuracy to permit the
making of an informed judgment by anybody that may later be called upon to review the
record and render a decision in the matter, The presiding officer of the hearing shall
select the method to be used, such as court reporter, electronic recording unit, details
transcription or minutes of the proceedings for making the record, subject to the right of
either participant set forth in subsection 8(5) of this section, If a court reporter is
requested by either participant, the take down charge of the court reporter shall be paid
equally by the participants to the hearing and each participant shall bear the cost of
obtaining copies of the transcript for such participant's use.
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(E) Obligations to present evidence. The complainant shall have the initial obligation to
present evidence in support of the complaint. The registrant shall thereafter be responsible for
presenting evidence in support of the registrant's response to and defense against the
complaint. Following the close of the registrant's evidence, the complainant shall have the
right to introduce evidence in rebuttal of that presented by the registrant. The construction
board shall base its decision only on the evidence introduced at the hearing. It shall be the
function of the construction board to determine whether the complaint involves a violation of
this Article and if so the corrective action as specified in this article to be taken against the
registrant. Such decision must be supported by a preponderance of the evidence presented at
the hearing.
(F) Evidence permitted. The hearing need not be conducted in accordance with the rules of
evidence which are followed in a court of law. The presiding officer may permit the admission
of any relevant evidence, which at his/her discretion is of the type on which responsible
people customarily rely in the conduct of serious affairs,
(G) Construction board report, Within twenty-one (21) days after the closing of the hearing,
the construction board shall make a written report of its findings and determinations in the
matter and shall forward the same together with the hearing record and all other
documentation introduced at the hearing to the commission. A copy of the report shall be sent
to the participants in the hearing. The construction board report shall concisely state the
reasons for the findings and recommendations made in the report and how such findings are
supported by the facts and the evidence as presented at the hearing. The construction board
report shall specifically recommend any corrective action as specified in this article that the
construction board finds should be taken, The construction board may request the participants
in the hearing to submit proposed findings and recommendations for its consideration in
preparing its report. No participant shall be required to submit proposed findings and
recommendations. If requested, proposed findings and recommendations must be submitted
to the construction board within fourteen (14) days after the closing of the hearing.
(H) Appeal. If any participant in the hearing desires to appeal the findings and
recommendations of the construction board, such participant file a written request for such an
appeal with the Clerk of the Augusta Commission within fifteen (15) days after the mailing of a
copy of the construction board's report. Failure to file a timely request for appeal shall
constitute waiver by the party of his/her rights to appeal the report of the construction board
from the construction board.
(I) Hearing of the appeal. Any appeal shall be heard by the Augusta Commission. The Clerk of
Commission shall set a date and time for the hearing of the appeal and the participants shall
be notified in writing thereof The date of the hearing of the appeal shall be set as soon as
possible but not less than thirly (30) days after the date of the notice of the appeal is received
by the Clerk of the Commission.
(1) After timely filing of an appeal to the Augusta Commission and prior to any
assignment of the appeal for hearing on any agenda of the Augusta
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. .
Commission, the appealing party shall submit the case to mediation.
(2) The Commission mediator shall be a person chosen by the agreement of
the appealing party and the Construction Board. In the event the
appealing party and the Construction Board cannot agree upon the
appointment of a mediator, the mediator shall be the Director of Planning
& Zoning or his/her designee.
(3) Any fee charged by the mediator for professional mediation services shall
be paid by the appealing party prior to the commencement of the
mediation.
(4) If the mediation is not scheduled and heard within thirty (30) days of the
filing of the appeal, the decision of the Construction Board shall be
affirmed without further hearing by the Augusta Commission.
(5) The Augusta may affirm the determination made by the Construction
Board, or if the Augusta Commission finds that the Construction Board
abused its discretion in reaching its decision, the Augusta Commission
may modify or reverse the determination made by the Construction Board.
Appeals from decisions of the Augusta Commission may be taken to the
Superior Court of Richmond County, Georgia in the manner provided by
law.
(J) Written statements. The party seeking the appeal shall submit a written statement detailing
the findings, conclusions, recommendations and procedural matters with which such
participant disagrees and the reasons for such disagreement. The written statement may
cover any matters raised at any step in the hearing process and legal counsel may assist in
the preparation thereof The statement shall be submitted to the building official at least ten
(10) days prior to the scheduled date for the hearing of the appeal, with a copy being
furnished to the other participants. A similar written statement and reply may be submitted by
the other participants at least two (2) days prior to the scheduled date of the hearing on the
appeal with a copy being furnished to the other participants. Failure of the appealing party to
file such written statement in a timely manner shall constitute a waiver of such participant's
rights to appellate review.
(K) Oral arguments. If the participant requesting an appeal desires to have oral
arguments before the Commission hearing the appeal, he, she or it shall so state in the
request for appeal. If the other participants desire oral arguments before the Commission
hearing the appeal, he,
she or it shall file a request with the building official within five (5) days after the filing of
the request for appeal. No party shall have a right to oral argument and the decision as to
whether or not to permit oral argument shall be entirely within the discretion of the
Commission hearing the appeal as the case may be. Oral arguments may be required by the
commission or the designated committee hearing the appeal as the case may be, even if not
requested by any participant. If oral arguments are made, they may be presented for each
participant by one representative of such participant.
(L) Consideration of new or additional matters. New or additional matters or evidence not
raised or presented during the hearing before the construction board or in the construction
board's report, nor otherwise reflected in the record, shall not be introduced during the
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appellate process. The commission or the designated committee hearing the appeal, in its
sole discretion, shall determine whether such matters or evidence shall be considered or
accepted.
(M) Function of Commission (See Subsection "N" below)
(N) The Commission may recommend affirmation, reversal or modification of the findings
and recommendations of the construction board or it may refer the matter back to the
construction board with directions for further consideration or additional hearings.
(0) Action by the commission. Once the hearing and appeal process has been
completed or the participants involved have waived their rights to any further hearing or
appeal hereunder, the commission may act upon the findings and recommendations
made to it by the construction board as modified by the findings and recommendations on
any appeal which may have been taken thereto and such action by the commission shall
be final and subject to no further appeal, Notice of the final action of the commission shall
include a statement of the basis for the decision and shall be promptly given to the
participants in the hearing.
(P) Corrective action. The commission on motion adopted by not less than six affirmative
votes may revoke or suspend for such period of time up to one (1 ) year as the commission
shall
specify the registration of the registrant or reprimand the registrant and/or fine the
registrant in an amount not to exceed $1,000 if it finds that the registrant:
(a) violated the obligations of the registrant in performing construction services as
provided for in this article;
(b) committed fraud or deceit in obtaining registration under this article; or
The building official or commission may require the forfeiture of the surety bond if the
registrant fails to make necessary repairs required by the commission after the hearing
and appeal process have been completed, The property owner will be paid an amount to
cover documented costs up to the amount of the repairs or the amount of the surety
bond, whichever is lower, County funds will not be used to pay the cost of repairs.
&7 -1-116-17. Violation; penalties.
In addition to a suspension or revocation of a registration, a person or entity which
engages or offers to engage in the business of providing the services of a residential
builder, specialty contractor, commercial contractor, do-it-yourselfer, or private building
inspector / consultant without first having registered with the City, which registration has
not expired or been revoked or suspended, or who knowingly presents to, or files with, the
City false information for the purpose of obtaining registration shall be subject to the
penalties as set forth in Section 1-6-1 of the Code of Ordinances of Augusta, Georgia.
Section 2. Severability.
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. .
. .
If any term, requirement or provision of this ordinance or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of
this ordinance or the application of such terms, requirements and provisions to persons or
circumstances other than those to which it is held invalid or unenforceable, shall not be
affected thereby and each term, requirement or provision of this ordinance shall be valid
and be enforced to the fullest extent permitted by law.
Section 3. Repeal of Conflictinq Ordinances.
All ordinances or parts of ordinances previously adopted by the Board of Commissioners of
Augusta, Georgia which are in conflict with this ordinance are hereby repealed to the extent
necessary to eliminate such conflict
Section 4. Effective Date. This ordinance shall become effective on July 1, 2004.
Duly adopted by the Augusta Commission, this J S'day of --9' <'~
~g~~ 6
,2004.
ATTEST 1i!~
C(e of Co iss 0
I, the undersigned, ~4f.ttJ. Clerk, do hereby certify that the foregoing is a true
and correct copy of n rdi nee adopted said Augusta-Richmond County CommiSSion at a
meeting held on the following date, to-wit: /5 , 2004, as the same appears on
the minutes of said Commission this ~ d of , 2004.
dft;o/Ia~
First Reading: June 1, 2004
Second Reading: June 15, 2004
Published in the Augusta ChroniCle~~~ 2004
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