§ 5. Scope and Application.

(a)

Occupied and vacant dwelling space. Every building, in whole or in part, containing or designed to contain dwelling units whether vacant or occupied, shall conform to Sections 19 through 29 of this Code, irrespective of the primary use of such building and the date such building may have been constructed, altered, or repaired. Such property, whether privately owned or publicly owned, by the Atlanta Housing Authority or any other public entity, and whether receiving any type of governmental financial assistance, shall be subject to and conform with the applicable requirements of this Code unless otherwise provided by law.

(b)

Buildings with Special Uses. Every building used or intended for use as a Rooming House, Boarding House, Dormitory, Emergency Shelter, Group House, Residential Care Facility or like Facility, shall conform to Sections 19 through 25 and Section 26 of this Code irrespective of the primary use of such building and the date such building may have been constructed, altered or repaired. Such property, whether privately owned or publicly owned, by the Atlanta Housing Authority or any other public entity, and whether receiving any type of governmental financial assistance, shall be subject to and conform with the applicable requirements of this Code unless otherwise provided by law.

(c)

Abatement of Interior Violations. When a dwelling is vacant, the full application of this Code shall be held in abeyance for a period not to exceed six months provided that the exterior of such dwelling complies with the applicable provisions of this Code; the interior has been cleaned of trash, rubbish, and debris; and the dwelling has been made inaccessible by boarding and maintained in accordance with Section 29.

(d)

Vacant Lots. Vacant lots shall conform to the applicable provisions of section 19 through 26 of this Code.

(e)

Application of other Ordinances. Any alterations to buildings, or changes of uses therein which may be caused directly or indirectly by the enforcement of this Code shall be done in accordance with all applicable codes including but not limited to: The City of Atlanta Building Code, the City of Atlanta Electrical Code, the City of Atlanta Elevator Code, the City of Atlanta Gas Code, the City of Atlanta HVAC Code, the City of Atlanta Plumbing Code, the City of Atlanta Fire Prevention Code, the Georgia Energy Code for Buildings and the Georgia State Code for Handicapped Accessibility. Nothing in this Code shall be construed to cancel, modify or set aside any provision of the Zoning Ordinance of the City of Atlanta.

(f)

All new work to Conform.

(1)

No building or structure shall hereafter be constructed, repaired or altered, nor shall the equipment for the operation of a building, structure, premises be constructed, installed, altered, repaired or removed, except in conformity with the provisions of this Code, unless specifically exempted therefrom;

(2)

No building or structure shall be altered in any manner which would be in violation of the provisions of this Code or of any authorized rule promulgated by the Director of the Bureau of Buildings made and issued thereunder, unless specifically exempted therefrom;

(3)

Nothing in this Code shall prohibit the raising or lowering of a building to meet a change of grade in the street on which it is located, provided that the building is not otherwise altered;

(4)

Whenever, in the opinion of the Director the full implementation of this Code would work an undue hardship in a specific case, the Director may waive the requirements in question provided that some equivalent means of achieving substantially the same degree of safety is assured. Said waiver shall be in writing and shall state the equivalent methods by which safety shall be assured.

(Ord. No. 1996-79, § 1, 11-12-96; Ord. No. 1998-56, § 1, 9-16-98; Ord. No. 1998-59, § 2, 9-17-98)