The URL can be used to link to this page

Home My Public Portal About06-0349 UNIVERSITY SYS OF GAChuck Bargeron From: Bubba Hughes [bhughes @CBRHLAW.COM] Sent: Tuesday, February 26, 2008 2:57 PM To: Chuck Bargeron Subject: RE: 4 -H center I do concur & when you asked me in passing when I was in your office about this that I did nothing they were subject to zoning codes, but that they are bound to follow the building codes that are applicable -such as fire. They are bound by the codes & it is up to them to have their own inspections by the state inspectors -fire marshal. AS you note, they are required to comply with E &S control. I hope this clarifies. Is there some difference in code or standards that is of particular concern? If so, I can look into this further. Thanks From: Chuck Bargeron [ mailto :CBargeron @cityoftybee.org] Sent: Tuesday, February 26, 2008 2:33 PM To: Bubba Hughes Subject: 4 -H center Bubba, I was wondering if you had gotten and read the information I received from Bob Wallace with UGA in reference to 4 -H center on Tybee. Your thoughts on this and if you didn't get the info please let me know so I can get it to you. Thanks, Chuck *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** This email and any files transmitted with it are confidenti entity to whom they are addressed. If you are not the nam copy this e -mail. Please notify the sender immediately by delete this e -mail from your system. Please note that any those of the author and do not necessarily represent those check this email and any attachments for the presence of for any damage caused by any virus transmitted by this ci Island, GA 31328 00 u+kp �e ��a nrvZ_ OU Rg��X� 0�— kp idual or tribute or istake and solely lould liability bee * * + * +* * -Comm. NAIL- * * * * * * *»< * *»< + * * * ** DATE FEB -06 -202 , * ** TIME 12:19 * * ***e ** MODE = MEMORY TRANSMISSION START= FEB -06 12:15 END = FEB -06 12:19 FILE NO. =774 STN COMM. ONE - TOUCH/ STATION NAME /EMAIL ADDRESS /TELEPHONE NO. PAGES DURATION NO. ABBR NO. 001 OK s 2382767 009/009 00 :04 :02 -CITY OF TYBEE ISL. - ***** * * * * * * * * * * * *** * * * * * * * * * * * * * * * ** -CITY OF TYBEE - * * * ** - 912 786 9539- * * * *>*** MAYOR )sson Burlterman CITY COUNCIL Wanda Doyle, Mayor Pro'I'em Charlie R. Brewer Berry Brown Eddie Crone Dick Smith Paul Wolf CITY OF TYBEE ISLAND FAX TRANSMITTAL SHEET Date: Feb. 612oo8 Number of Pages Including Cover Sheet: `T To: tB"66 a 4Ik9 k, .� Company Name: Fax Number: From:C %uC k 6a rCjero" Title: Phone Number: 486- 45'43 X 1 a .. Comments: Sa., 4 40� x m r "4s P O. Box 2749 - 4M Buda Avenue, Tybee ISWA Gwrgia 31729 -2749 (912) 7"73 • FAX (912) 796.5737 www.riyelbrhee.gg CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CM ATTORNEY Edward M. Hughes *71-* *C:"" of MAYOR Jason Buelterman CITY COUNCIL Wanda Doyle, Mayor Pro Tern Charlie R. Brewer Barry Brown Eddie Crone Dick Smith Paul Wolff Date: Fe-b. 6, Zoo 8 CITY OF TYBEE ISLAND FAX TRANSMITTAL SHEET Number of Pages Including Cover Sheet: 9 To: BLAolo a JAL,, 9 k e s Company Name: Fax Number: a 3 g - O-q G 1; From:C�IAe k a a Y'c� Title: Phone Number: q 86- 4 S g 3 x 1 o t{ Comments: 5ese— 4 4�,, X ,,,, �,, �s P O. Box 2749 - 403 Butler Avenue, Tybee Island Georgia 31328 -2749 (912) 786-4573 - FAX (912) 7865737 www.cityoftybee.org CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes • O February 6, 2008 From: Chuck Bargeron Re: Burton 4 -H Center, Tybee Island, Ga. February 4, 2008 The following attached fax is from Bob Wallace from the University of Georgia. I had contacted the 4 -H center about permit file #06 -0349. 1 spoke with Paul (786 -5534) about a re- inspect for a new heat pump that was installed back in June of 2006. The inspection that was done on July 7, 2006 (also attached) failed due to the breakers servicing the A/C unit were over sized. I was told by Paul that the 4 -H center was State property and exempt from any permitting or inspections the City of Tybee would require. I informed Paul that a permit and inspection had been issued to Coastal Air of Savannah and they called for the inspection per their requirements under code and he replied that he was informed by the higher up's with UGA that they (4 -H) did not have to comply with any of Tybee's rules and regulations. I asked Paul if he would have the higher up he was referring of to please contact me about this issue. Within a few minutes I received a call from Bob Wallace with UGA and I explained the matter to him and he told me that the 4 -H center was exempt by the State of Georgia from any local authorities. I asked if he had any information from the State he could share with me to this matter, he said yes and would fax a copy to me. After the conversation with Bob Wallace, Bubba Hughes happen to be in the office for a meeting and I asked just what the 4 -H Center is exempt from with the City of Tybee requirements and his reply was our Zoning, but the building and inspections are required, including fire. After reviewing the fax from Bob Wallace with UGA and as I read this the 4 -H center may very well be exempt from Any and All of Tybee's rules and Reg's. It does address soil sedimentation permits Please give me your thoughts and views on this letter. I do know that 4 -H is going to do a new dorm on this property some time in the near future and would like to know what path to follow. Chuck Bargeron Cc: Brannyn Allen, Bubba Hughes, Warren Millikan ALI LAWN A F%ICF%jp 4 I I City of Tybee Island 403 Butler Avenue P.O. Box 2749 Wbee Island-, GA 31328 Phone: 786-4573 extensions 104, 101, or J 14 Fax: 786-9539 Perm TX) - p3 44 9 0, m '0 .... ... .... C c Date of I f1spection: tommenis: -2 r) 45��_ .-7- Date Requested: Date Needed- C) Subcontractor. 4- of I ncmpf-fami, *Alt V p 0 c- z 02/04/2008 1.7:36 FAX 706 542 7388 UGA ARCHITECTS I{oot t 7xs The University of Georgia Office of the University Architects for Facilities Planning Fax To: c_yIIGK 6Rfj6E)PON Fror n 1008 4JAU4 4L- - Fa:c 112 Z80 15:R Date: Z - " - . 2- (V p Pages: Re: &I'MAL) 11%% CSV� ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle •Commryents: /% Q e-eA.t.:.� e.� 0-,z 7386 382 East Broad Street • Athens, Georgia 30602 -4266 • Telephone (706) 542.3605 • Facsimile (706) 542 -7388 An Equal Opportunity/Affirmative Action 7nsrirution FEB -04 -2008 16:36 706 542 7388 97% L D P.01 02/04/2008 17:36 FAX 706 542 7388 UGA ARCHITECTS 404 -657- 1479 "ONUIRO. AFFAIRS" Petrttrtrnent oft£v 0 tate of (Seorgin THURSERT E. 9AKER ATTORNEY GENERAL. February 28, 2002 Dr. George Wingblade Vice Chancellor for Facilities Board of Regents of the University 270 Washington Street, Sixth Floor Atlanta, Georgia 30334 System of Georgia John R. Butler, Jr. Director, Construction Division Georgia State Financing and Investment Commission 1002 West Tower Atlanta, Georgia 30334 Q002 709 P02 MAR 04 '02 1B:22 I tp 40 CAPITOL 5OUARE SW ATI/.N'rw GA 30334•ta00 Writer's Direct Thal: 404- 656.3334 FM 404- 657.3239 DECEIVED MAR - A 2002 '1FFICE OF FACILITIV RE: Regulation of Construction Activities of the Board of Regents and State Departments, Agencies and Authorities, by Local Governments — such as the UGA 4 -H Facility at Jekyll Island. Our File No. 6200 -AA- Regulation of Construction (1019875) Dear Dr. Wingblade and Mr. Butler: We have been requested on several occasions to provide general guidance on when the Regents or a State agency or authority must obtain permits and comply with regulatory requirements of local governments during the construction process. While we have handled these issues informally as they arise, four projects have recently raised a combination of scenarios which make some general guidance appropriate. Accordingly, I have copied those governmental entities involved with this letter, as indicated below. A. General Rule: Local Government May Not Regulate the State, its Departments, Agencies and Authorities, nor the United States of America. It has been well settled for over 100 years that local governments exercise only the powers delegated to them by the state. An attempt by a county or municipality to exercise such power against the state is ultra vires. City of Atlanta v. State of Georgia, 181 Ga. 346 (1935); Mayor and Council of City of Atlanta v. Central Railroad & Banking Co., 53 Ga. 120 (1874); 1958 -59 Ops. Att'y Gen. p. 2219; Ops, A.tt'y Gen. 96- FEB -04 -2008 16:37 706 542 7388 97 %: MA 02/04/2008 17:37 FAX 706 542 7388 UGA ARCHITECTS 404- 657 -1479 ' ^NVIRO. RFFRIRS" February 28, 2002 Page - -2 -- a003 709 P03 MAR 04 '02 1e:22 4, 71 -113, 73 -64, U76 -59. This rule includes state authorities. 1976 Op. Att'y Gen. U76- 36. Even a general power granted to a county does not apply to the state or its instrumentalities in the absence of express language in the grant. See O.C.G.A. §1 -3 -8; 1958 -59 Ops.Att'y Gen, p. 5. The public property of state entities is not subject to such regulation, nor to local taxation or assessment, and may not be liened or made subject to Fi Fa. Liens are of no effect and will not be construed to have effect upon public property or against a state agency. Neal - Millard Co. v. Trustees of Chatham Academy, 121 Ga. 208, 213 -215 (1904); B &B Llec' Supply Co, v. H.J. Russell Constr. Co., 166 Ga. App. 499, 503 (1983); Op. Att'y Gen. 82 -91. Accordingly, the State, its departments, agencies and authorities, the Board of Regents of the University System of Georgia (a department in the executive branch of state government) and its University System institutions, are not subject to: a. Local zoning laws; b, Local permits or licenses; c. Local planning commission regulation, regulations on recording of plats; d. Local historic preservation regulation State historic laws, rules and regulations, e, Local taxes and special assessments; f. Local environmental regulations, 1996 including, in particular, local (there are however, separate see O.C.G.A. §§12-3-55, 56; Op. Att'y Gen. 96 -4; (see, however, certain state environmental permits discussed in Part C below); and g. Local Inspections, including local fire marshal, (see Part B below). This immunity of public property is based upon fundamental principles of government, necessary so that functions of government are not unduly impeded, and to avoid the inconsistency of government being forced into taxing itself in order to raise money to pay over to itself. Penick x Foster, 129 Ga. 217 (1907); Board of Trustees of the Gate City Guard v. City of Atlanta, 113 Ga. 883 (1901); State of Georgia v. Western & Atlantic R. Co., 136 Ga. 619, 625 (1911). The State, as a policy, follows the building codes recommended by its Department of Community Affairs and certain other state permits. Some state entities have specifically appointed Building Officals for code enforcement. For example, the Building Official for FEB -04 -2008 16.37 706 542 73M 97% P.03 02/04/2008 17:37 FAX 706 542 7388 UGA ARCHITECTS 404 -657 -1479 'cNVIRO. AFFAIRS" February 26, 2002 Page- -3 -. Z004 709 PO4 MAR 04 '02 19:22 the Board of Regents is the Vice Chancellor for Facilities. These recommended codes and permits currently include the following: 1) 2000 International Building Code, effective January 1, 2002. 2) Standard Mechanical Code 3) Standard Gas Code 4) Georgia State Plumbing Code 5) Georgia State Electrical Code 6) Georgia State Energy code for buildings 7) Georgia Rules and Regulations for Minimum Fire Safety Standards 8) Permit to commence construction issued by the State Fire Marshal or written notice that no jurisdiction is claimed. (See Part B below)] 9) Permit to commence construction issued by the Georgia Water Quality Control Board or written notice that no jurisdiction is claimed. 10) Written notice of approval of Georgia State Department Of Public Health or written notice that no jurisdiction is claimed. 11) Written notice of approval of the Director of the slate self - insurance program. As you might expect, the United States of America, under the supremacy of powers clause of the United States Constitution, is similarly not subject to local regulation or taxation. U.S. Constitution, Article VI, Section II. B. State Fire Marshal Regulation. The State Fire Marshal has exclusive jurisdiction over state buildings. In the past, the State utilized local fire marshals to augment inspection personnel, but now is providing these services through the Construction Division, Georgia State Financing and Investment Commission. The Construction Division's Review Group of the Facilities Planning Section provides construction plan review services for code compliance, and provides on -site inspection services through its deputy state Ere inspectors, appointed by the State Fire Marshal. O.C.G.A. § §25 -2 -7 and 12.1(3). Accordingly, local fire inspectors do not have jurisdiction over state entity construction projects. In, addition, the State Fire Marshal has jurisdiction over any property which is occupied by state employees, such as leased property. O.C.G.A.. §25- 2- 12.1(3).Therefore, renovation of leased space for state use is under state jurisdiction instead of local fire inspectors. .__� FEB -04 -2008 16:37 706 542 7368 97% P.04 02/04/2008 17:37 FAX 706 542 7388 UGA ARCHITECTS [a 005 404- 657 -1479 '�NUIRO. RFFRIRS" 709 P05 MRR 04 '02 16:23 February 28, 2002 Page - -4-- C. Exception to General Rule: Local Government is Authorized to Regulate the State, its Departments, Agencies and Authorities, Concerning Certain NPDES Permits. There is a limited delegation of authority to qualified counties and municipalities contained in O,C.Q.A. §12 -7 -1 et seq, for issuance of Soil Erosion and Sedimentation Control permits and Stormwater Management permits to State agencies. In addition, these local governments, pursuant to O.C.G.A §12- 7 -6(c), may also regulate by imposing stricter standards in some circumstances. Because this delegation is limited and in contravention of general law, the ability to impose stricter requirements must be strictly construed as limited to the areas specified in the law, that is, the minimum standards set forth in O.C.G.A §12- 7 -6(a) and (b). In general, the regulation imposed upon State entities is not greater than that set forth in the Statute. For example, if the local government has enacted a "development code" which requires a "development permit," which has included within it the permits for soil erosion and stormwater control, only the subparts may be imposed upon the state entity, not the entire development permit. In addition, the local government may not impose an additional fee nor additional requirements, such as a requirement to reimburse the local government for present or future costs, nor require dedication of lands for specific purposes, nor require impact fee assessments, nor may the state be required to indemnify the local government for any damages caused by the installation of stormwater control structures, etc. City gfAdanta v. State of Georgia, 181 Ga. 346 (1935); See also Dolan v. City of Tigard, 512 U.S. 374 (1994). D. Exception to General Rule: Local Government May Regulate Private Parties Who Bold Estates for Years (Long Term leases) from the State, its Departments, Agencies and Authorities. There are occasions where a state entity may lease its public; property to a private party for long term use. This is called an estate for years. O.C.G.A. §44 -6 -100 et seq. Lease arrangements for a term in excess of five years have a rebuttable presumption that they are estates for years. See Robinson v. Perry, 21 Ga. 183 (1857); Perry v. Paschal, 103 Ga. 134 (1897); O.C.G.A. §44- 7 -1(b). These situations occur most frequently with the Board of Regents and its leases to fraternities, and with the Jekyll Island State Park Authority's long term leases on Jekyll Island to private businesses and "homeowners ". In these situations, the private party cannot claim the state entity and public property exemption from local regulation and taxation. Thus a private enterprise or "homeowner" erecting a structure on such leased property must comply with all zoning, permits, and FFB- 04 -200e tF:-�R 70F. saa 77PP G7i me 02/04/2008 17:38 FAX 706 542 7388 UGA ARCHITECTS 404- 657 -1479 '�NVIRO. RFFRIRS" u February 28, 2002 Page - -5 -- fa 006 709 P06 MAR 04 '02 18:23 other regulation imposed by the local government. The only area in which there is some question is the imposition of ad valorem taxation upon fraternities, for which there are several judicial decisions that should be consulted. See, for example Alford v. Emory University, 216 Ga. 391 (1960); Johnson Central Service of Georgia v. Emory University, 170 Ga. App. 493 (1984); and 7ach. Inc. v. Fulton County, 271 Ga. 411 (1999). The State, however, has no position on this issue, preferring to allow local government and the affected fraternities to develop the law in this area. E. Special Circumstances: Certain Provisions Affecting Contractors Who are Working on State Projects. Finally, contractors and subcontractors working on a state project or state property are exempted from any local government tax, assessment, levy, license fee (e.g, business licenses), except for local sales and use taxes. O.C.G.A. §50- 17- 29(e). As to sales taxes, such contractors and subcontractors do not get any exemption from sales and use taxes, including local option sales taxes, on materials they purchase for inclusion on the state project, and they must comply with certain reporting, bonding and withholding requirements to insure subcontractors pay the appropriate sales and use taxes. See Georgia Rules and Regulation 560- 12 -2 -.26 i trust this overview and discussion is useful to you in your construction activities. neral cc: Travis Weatherly, GPC Edward Cook, DJJ Bill Donohue, JISPA J. Dorsey, Regents Patricia Dixon, USCG Fax (305)278 -6704 Ellis Carter, Jr., Glynn County Building Official, 1803 Glouscester Street, Ste 100, Brunswick, Ga 31520 FEB -04 -2008 16:38 706 542 7388 97Z P AF, iii V =%.gLiv 1 n =Nvi i City of Tybee. Island 403 Butler Avenue P.O. Box 2.749 Tybee Island, GA 31328 Phone: 786 -4573 extensions 104, 107, or 114 Fax_ 786 -9539 Permit Nn, Do - 171 .13 `f 9 4 Owners Name: 4-H Oa ✓" o T" Gen- Contractor _ Contact Number: ID(7 Location: 1 Date of Inspection; Comments: Date Requested: f r — 7 Date Needed: C) Subco ntracto r: -3 O S 4 a --7S(,� - S S T_ vnP_ of 1 ncnertion: fY\o Ck (a "! /C Area ke/ CAtfr 51 7 4 FI DATE ISSUED: 06 -12 -2006 WORK DESCRIPTION: WORK LOCATION: [WIVAe1 M AeOF41 3 1111 CITY, ST, ZIP CONTRACTOR NAME ADDRESS CITY STATE ZIP FLOOD ZONE BUILDING VALUATION SQUARE FOOTAGE OCCUPANCY TYPE TOTAL FEE'S CHARGED PROPERTY IDENTIFICATION # PROJECT VALUATION CITY OF TYBEE ISLAND BUILDING PERMIT MECHANICAL / 2 -TON HEAT PUMP 9 LEWIS AVENUE UNIVERSITY SYSTEM OF GA 4 H CAMPGROUND TYBEE ISLAND GA 31328 COASTAL AIR CONDITIONING P O BOX 22365 SAVANNAH GA 31403 P $ 28.00 $2,271.00 PERMIT #: 060349 TOTAL BALANCE DUE: $ 28.00 It is understood that if this permit is granted the builder will at all times comply with the zoning, subdivision, flood control, building, Ore, soil and sedimentation, wetlands, marshlands protection and shore protection ordinances and codes whether local, state or federal, including all environmental laws and regulations when applicable, subsequent owners should be informed that any alterations to the property must be approved by the issuance of another building permit. Permit holder agrees to bold the City of Tybee Island harmless on any construction covered by this permit. This permit must be posted in a conspicuous location in the front of building and protected from the weather. If this permit is not posted work will be stopped. The building contractor will replace curb paving and gutter broken during construction. This permit will be voided unless work has begun within six months of the date of issuance. Signature of Building Inspector or Authorized Agent: P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 (912) 7864573 - FAX (912) 7865737 www.cityoftybee.org 0(.o- 0349 HEATING /AIR CONDITIONING PERMIT APPLICATION MECHANICAL APPLICATION / n Ica joc, MASTER PERMIT DATE: PERMIT PROJECT (2" (J{ 1 I1 /� PHONE: OWNER NAM L� I ADDRESS: C ��( j STATE: CITY: � I 232 5532 i � �^ CONTRACT�TAL HEATING AIR CONDITION INC. PHONE: 912' ADDRESS: P.O. BOX 22365 STATE: GA. ZIP: 31403 CITY: SAVANNAH �( PROJECT ADDRESS:(q PROPERTY USE: Y DESCRIPTION OF WORK: DATE INSP CTIO�I WBE READY - -_ NEW WORK REPLACE APPLIANCE ONLY * SHOW APPROPRIATE NUMBER AND TYPE OF EQUIPMENT NO. FIXTURES NO. FIXTURES NO. FIXTURES FURNACES DISTRDISTRIBUTION SYS. ABSORBTION UNITS FLOOR BTU GREASE HOODS SPACE HEATERS HEAT PUMPS SUPPLY CFM GREASE HOODS SP TED TONNAGE EXHAUST CFM SPACE HEATERS OIL BURNERS GAS PIPING UNVENTED A/C UNITS TOTAL LGTH. BTU TONNAGE UNIT HEATEA,S GAS PKG. UNITS GAS DRYERS WARM AIR FURNACES WALL HEATERS TONNAGE BTU OTHER_ _ REFRIG. UNITS ITEMS ARE: OIL GAS ELECTRIC VALUATION: $ �`_____FEE DUE: = = =$ T - I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUME14T AND KNOW THE SAME TO BE TRUE AND CORRECT. ALI, PR01JESI:ONS OF LAWS AND OtiDI?IAOCES HEREINIOR HOTS 1I GRANTING OOF Ai PERMIT �APPLICATION HDOES T ED NOT PRESUME AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFO CE OF CO RUCTION. 7 l JG lJ(o G RE O TOR D TE SIGNATURE OF HOMEOWNER DATE (LICENSED M CHANICA CONTRACTOR)