2021 Georgia Code
Title 43 - Professions and Businesses
Chapter 15 - Professional Engineers and Land Surveyors
§ 43-15-24. Construction of Structures Jeopardizing Health, Safety, or Welfare; Exceptions; Record of Building Permits

1. It shall be unlawful for this state or any of its political subdivisions such as a county, municipality, or school district, or agencies thereof, or for any private or commercial entity to engage in the construction of any work or structures involving professional engineering or structural engineering which by the nature of their function or existence could adversely affect or jeopardize the health, safety, or welfare of the public unless the plans and specifications have been prepared under the direct supervision or review of and bear the seal of, and the construction is executed under the direct supervision of or review by, a professional engineer or architect or professional structural engineer.
2. Nothing in this Code section shall be held to apply to any construction, including alterations, of which the completed cost is less than $100,000.00 or which is used exclusively for private or noncommercial purposes, or to private residences, or to noncommercial farm buildings, or to residence buildings not exceeding two stories in height, excluding basements.
3. Any county, municipality, or other governing body in this state that issues building permits is required to maintain a permanent record of the permit application and issuance thereon indicating the name of the professional engineer or architect or professional structural engineer, if any, who has sealed the plans, specifications, plats, or reports pursuant to which said building permit is issued. Such record shall include details on the size, type of building or structure, use for said building or structure, and estimated cost of construction.

(Ga. L. 1937, p. 294, § 19; Ga. L. 1945, p. 294, § 30; Ga. L. 1972, p. 222, § 11; Code 1933, § 84-2124, enacted by Ga. L. 1975, p. 1048, § 1; Ga. L. 1982, p. 2483, §§ 1, 2; Ga. L. 1994, p. 97, § 43; Ga. L. 2018, p. 583, § 1/SB 425; Ga. L. 2020, p. 642, § 9/SB 310.)

The 2018 amendment, effective July 1, 2018, deleted "registered" preceding "professional" near the end of subsection (a); and, in subsection (c), substituted "thereon indicating the name of the professional engineer or architect, if any, who has sealed the plans, specifications, plats, or reports pursuant to which said building permit is issued. Such record shall" for "thereon, which record shall indicate the name of the professional engineer or architect, if any, that has sealed the plans, specifications, plats, or reports pursuant to which said building permit is issued, said record to".

The 2020 amendment, effective January 1, 2021, inserted "or structural engineering" in subsection (a) and added "or professional structural engineer" at the end of subsection (a) and in the middle of the first sentence of subsection (c).

- Provisions regarding approval of plans and specifications by registered architects, §§ 43-4-14,43-4-15.

JUDICIAL DECISIONS

Relationship between engineering and architecture professions.

- Statute is a tacit recognition of the inherent overlap between professions of engineering and architecture. Georgia Ass'n of Am. Inst. of Architects v. Gwinnett County, 238 Ga. 277, 233 S.E.2d 142 (1977).

- Portion of the trial court's order holding that the statute of limitation had run on the plaintiff's claim for breach of contract under the express one-year warranty was reversed because although the express warranty expired in January 2003, that did not necessarily bar the plaintiff's claims as case law established that the expiration of the warranty period did not bar the filing of a claim for breach of warranty when it was undisputed that the defects occurred during the warranty period. Southern States Chemical v. Tampa Tank & Welding, Ga. App. , S.E.2d (Mar. 25, 2021).

Cited in Gadd v. Wilson & Co. Eng'rs, 193 Ga. App. 713, 388 S.E.2d 875 (1989).

OPINIONS OF THE ATTORNEY GENERAL

Seal of registered architect or engineer.

- Public officials charged with the responsibility of issuing building permits and enforcing building codes must require that all plans and specifications bear the seal of a registered professional engineer or architect prior to the issuance of a building permit for construction of any structure, including alterations, of which the completed cost is more than $100,000.00, unless the structure is used exclusively for private or noncommercial purposes, is a private residence, is a noncommercial farm building for use by the farmer, is a residential building not exceeding two stories in height (excluding basements), or is a domestic out-building appurtenant to a one or two-family residence. 1987 Op. Att'y Gen. No. 87-31.

Schools, auditoriums, or other buildings intended for the mass assemblage of people or group housing projects are not exempt from the requirement of having the seal of a registered architect or professional engineer present on plans and drawings, regardless of the completed cost of construction. 1987 Op. Att'y Gen. No. 87-31.