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                    <text>CITY OF ATLANTA
/~
OFFICE OF INSPECTOR OF BUILD~S
800 CITY HALL
TEL. JA. 2 -4463 EXT. 321
ATLANTA, GEORGIA 30303
December 9, 1969
Edwin W. Hartin, Esquire
Americ n Consul General
26 Garden Road
Hong Kong, China
Dear Sir :
It i my plea urea to writ you concerning Addy Wing-Hy Chan
who is a valued employ
in the Department of Inspector of
Bqildings, City of Atlanta, G orgia.
Mr. Chan's duties h ve brought him into close contact with
woll a with nm . t department heads of the City
From my per onal observation I c n unhesitatingly
r pott that he 1 a capable and conec1 ntioue employee, one who
ba o tned tb confidence of hie superiors and his f llow wofk r •
my office as
Gov rnment.
real pleasure to learn of h1s tnarriag
nd it
It has b n
ie my hop t t the p.roce se required for 1 suing a visa fo:r his
nted aa exp ditiously . s possible in order
bride c n be. impl
that ah can return with him.
Sincerely,
Ivan Allen, Jr., Mayor
City of Atlant, Georgi
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              <text>JIC.

i! a

 

 

CITY OF ATLANTA |
OFFICE OF INSPECTOR OF BUILD GS
800 CITY HALL

TEL. JA. 2-4463 EXT. 321
ATLANTA, GEORGIA 30303

December 9, 1969

Edwin W. Martin, Esquire
American Consul General
26 Garden Road

Hong Kong, China

Dear Sir:

It is my pleasure to write you concerning Addy Wing-Hay Chan
who is a valued employee in the Department of Inspector of
Buildings, City ef Atlanta, Georgia.

Mx. Chan's duties have brought him into close contact with
my office as well as with most department heads of the City
Government. From my personal observation I can unhesitatingly
report that he is a capable and conscientious employee, one who
has earned the confidence of his superiors and his fellow workers.

It has been a real pleasure to learn of his marriage and it
is wy hope that the processes required for issuing a visa for his
bride can be implemented as expeditiously as possible in order
that she can return with him.

Sincerely,

Ivan Alien, Jr., Mayor
City of Atlanta, Georgia
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                    <text>CITY OF
TLANTA
OFFICE OF INSPECTOR OF BUILDINGS
800 CITY HALL
Atlanta, Georgia 30303
WILLIAM R . WOFFORD, P . E ., R . A .
October 8, 1969
INSPECTOR OF BUILDI N GS
CHARLES M. SMITH, E.E .
ASST. INSPECTOR OF BUILDINGS
MEMORANDUM
TO
FROM
Dan E. Sweat,
W.R. Wofford
RE
703 Myrtle Street, N. E.
After receiving your memorandum concerning the complaint
by Mr. Gordon Johnson that basement apartments were being
installed at the above address without a permit, I have made
an investigation and find that the owner, Mr s. Charlotte
Patterson , secured a building permit on September 30, 1969,
to ~ter the basement by installing a den.
There is no evidence of installation of an additional
unit in the basement of this structure.
Required inspections
will be made as work progresses to verify compliance with
Building and Zoning regulations.
•
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              <text>OFFICE OF INSPECTOR OF BUILDINGS
800 CITY HALL

Atlanta, Georgia 30303

 

WILLIAM R. WOFFORD, P.E., R.A.
INSPECTOR OF BUILDINGS October 8, 1969

 

CHARLES M. SMITH, E.E.
ASST. INSPECTOR OF BUILDINGS

MEMORANDUM TO : Dan E. Sweat, Jr.
FROM : W. R. Wofford
RE : 703 Myrtle Street, N. E.

After receiving your memorandum concerning the complaint
by Mr. Gordon Johnson that basement apartments were being
installed at the above address without a permit, I have made
an investigation and find that the owner, Mrs. Charlotte
Patterson, secured a building permit on September 30, 1969,
to oo the basement by installing a den.

There is no evidence of installation of an additional
unit in the basement of this structure. Required inspections
will be made as work progresses to verify compliance with

Building and Zoning regulations.
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                    <text>Octob ~ 3, 1969
MEMORANDUM
Toi
Pete C owell
From:
George Berry
Ple · se look ov r th · ttach · d in vi w of writing up something in article
form on the gener subject of a federal program stimulating action.
This demolition grant progr m ijUppos dly gav th City money to
demoU h un ound tru.c:turee . In actual fact, mo t of th houses were
demolished by the own r when lt became pp rent that th City was
going to move in.
Yo u might r s rch th origin l 1 w · nd th original progr m. guidelines
• • . interview ome of th , p opl in the building d . pa:,tment that
h ndled the program • . • tc. ·rhis is a good examp1 - of a progr m
that fitd not sp nd 11 of its llot d fWlde or ccornpli h it obj ctive
wh l'l look d at from purely " balance sh t " point of vi w but in
ctual f ct mor th n got th job done b c · u e it c us p opl to ct
on th lr o~.
T hink bout this
OB:j &amp;
nd w
U talk bout it.
1
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              <text>- tee  e

October 3, 1969

MEMORANDUM
To: Pete Ceowell
From: George Berry

Please look over the attached in view of writing up something in article
form on the general subject of a federal program stimulating action.
This demolition grant program supposedly gave the City money to
demolish unsound structures. In actual fact, most of the houses were
demolished by the owners when it became apparent that the City was
going to move in.

You might research the original law and the original program guidelines
- » « interview some of the people in the building department that
handled the program... etc. This is a good example of a program
that flid not spend all of ite alloted funds or accomplish its objectives
when looked at from a purely ‘balance sheet'' point of view but in

actual —— than got the job done because it cause people to act

on their ‘

Think about this and we'll talk about it.

GBija
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                    <text>CITY OF ATLANTA
OFFICE OF INSPECTOR OF BUILDINGS
800 CITY HALL
Atlanta, Georgia 30303
WILLIAM R . WOFFORD, P .E . , R.A.
INSPECTOR OF BUILDINGS
October 1, 1969
CHARLES M. SMITH, E.E.
ASST. INSPECTOR OF BUILDINGS
Memorandum
To
From
Dan E.
s~;:143.215.248.55
,J
W.R. W o ~
In order to implement the new Housing Code Compliance
Program, effective October 1, 1969, we will need the additional
personnel requested in the 1970 Budget, as follows:
2
Typist Clerks
2
Housing Code Inspectors I
2
Housing Code Inspectors III (Supervisors)
1
Office Manager.
To assure that the Housing Code Compliance program is as
effective as possible, I wish you would advise the Personnel
Department of the pressing needs for the above additional staff.
As you know , our program will step up compliances from the
present 12 , 000 per year to 18, 000, an increase of 50% over last
year's activities.
•
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              <text>OFFICE OF INSPECTOR OF BUILDINGS
800 CITY HALL

Atlanta, Georgia 30303

 

WILLIAM R. WOFFORD, P.E., R.A.

INSPECTOR OF BUILDINGS October 1, 1969

CHARLES M. SMITH, E.E.
ASST. INSPECTOR OF BUILDINGS

 

Memorandum To : Dan E. Sweat
From : W. R. Wofford

In order to implement the new Housing Code Compliance
Program, effective October 1, 1969, we will need the additional
personnel requested in the 1970 Budget, as follows:

2 Typist Clerks

2 Housing Code Inspectors I

2 Housing Code Inspectors III (Supervisors)

1 Office Manager.

To assure that the Housing Code Compliance program is as
effective as possible, I wish you would advise the Personnel
Department of the pressing needs for the above additional staff.
As you know, our program will step up compliances from the
present 12,000 per year to 18,000, an increase of 50% over last

year's activities.
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                    <text>CITY OF A.TLANTA.
CITY HALL
ATLANTA, GA. 30303
Tel. 522-4463 Area Code 404
IVAN ALLEN, JR., MAYOR
DAN E. SWEAT, JR., Chief Administrative Officer
MRS. LINDA E . PRICE, Ex ecut ive Secretary
October 3, 1969
MEMORANDUM
TO: Mayor All e n
FROM : D an E. S wea t
pz___
D o you w ant m e t o push this?
DESJ r : sm
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              <text> 

October 3, 1969

MEMORANDUM

TO: Mayor Allen

FROM: Dan E. Sweat a

Do you want me to push this?

DESJr:sm

 

CITY HALL ATLANTS, GA. 30303
Tel. 522-4463 Area Code 404

IVAN ALLEN, JR., MAYOR

DAN E. SWEAT, JR., Chief Administrative Officer
MRS. LINDA E. PRICE, Executive Secretary
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                    <text>CITY OF ATLANTA
OFFICE OF INSPECTOR OF BUILDINGS
800 CITY HALL
Atlanta, Georgia 30303
September 25 , 1969
WILLIAM R . WOFFORD, P.E ., R . A.
INSPECTOR OF BUILDINGS
CHARLES M. SMITH , E.E .
A S ST. INS PECTOR OF BU ILDI NGS
•
MEMORANDUM
To :
Mr. Dan E. Sweat , Jr., . Director of Governmental Liaison
From:
Mr , W. R. Wofford , Building Offi ~
Subject:
Demolition Grant No. Ga . M-1
Attached herewith is information re lative to our Demolition
Grant Program. As soon as a financial statement is prepared by the Office
of Director of Finance where these records are kept, I will forward it
to you.
In order that you may have a complete picture of the Demolition
Grant Program, I have included more detailed information than requested.
It can be seen from the report, after owners were notified and hearings held,
many owners elected to demolish their own houses, thus relieving the City
of this task.
Owners of the 282 houses progrannned to be demolished in the
Demolition Grant Area were notified of the City's intention to demolish
each house involved should they fail to do so.
I would like to point out that under "In Rem" authority, the City
has demolished houses outside of the Demolition Grant Area and placed liens
on the property for the demolition costs involved. We, therefore, are able
to fully recover the cost of demolition whether or not the house is in a
Demolition Grant Area.
WRW:gs
�On August 23, 1966, application was made to HUD for a Demolition Grant.
On November 11, 1966 the contract was executed, and our program dates
from that time.
At that time the Demolition Grant Area comprised approx imately the Eastern
2/3 of what is now our Model Cities Area, and it was planned to demolish
157 structur es during the Grant Program.
Ex perience showed that while the number of demolitions were proceeding
about as planned, voluntary compliance by owners was reducing the number
demolished under contract drastically, and that the funds allocated were
not being used at the rate anticipated.
Theref ore, in March 1968 an amendment was proposed and accepted on May


1, 1968 increasing the Grant Area to about l/7th of the City in the southe a st section. The number of structures to be demolished was increased to


282 .
Since that time our rate of pr ogress has been accelerated, but the ratio
of owner demolitions t o Gr ant f und demolitions has remained essentially
the s ame.
For ex ample the total demolit ions in the a rea dur ing the Gr ant period is
224. Of thes e, the owner s have volunta rily demolished 163, while the City
has only h ad to demolish 61 . We feel that this r atio is a desirable thing
from t h e st andpoint of public r ela tions, since it minimizes dispute, legal
complica t ions, and advers e publicity .
I t sh ou l d be poi n ted ou t t hat in planning this Pr ogram no adequat e pr ovi sion
or a llowanc e f or owner demolit ions wa s include d . For th i s r e a son the f unds
actua l ly spent a re l e s s than tha t pr ovided under the Gr ant .
The followi n g is a compl ete breakd own of our pr ogres s as of Se pt ember 22 , 1969.
1.
To be demol i sh ed
Tot al
157
2.
282
3.
Re sidential
141
To be demoli sh ed
Total
Init i a l e s t i mate
224
Number of Uni t s
203
Revis ed Estimate
Residentia l
256
Residential
206
Mi xed
11
5
Ac t ually demoli shed
Tot al
Non- Residentia l
Non- Re s i dential
12
Mixed
Numbe r of Unit s
14
363
Mixed
Number of Un its
7
312
Cumul ative Total
Non- Re sidential
11
�Total
163
Residential
Total
61
Non-Residential
148
8
Number of Units
Mixed
219
7
At Project Expense
Demolished
5.
Residential
Non-Residential
3
58
Mixed
Number of Un!i:ts
0
93
Mixed
Number of Units
Remaining of Contract
60
Total
58
Residential
Non-Residential
1
50
51
7
Now in process in Grant Ar ea
7.
Total
Residential
36
32
Non-Residential
Number of Units
48
4
Balance -
8.
Total
9o
Owner's Expense
Demolished
4.
22
Residentia l
Non-Re sidential
-18
-4
Number of Units
-3
Structur es Repaired (e stimated)'l'(
Total
75
Residential
72
Non-Residentia l
3
Statement:
Total estimated Demolitions under Grant, 282 - Total demolished
to date
224
Active cases
36
Repaired (estimate)
75
335
Total
282
53





We feel these should be counted as they were included in the planning
count, but repaired by owner.
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( . \Y r + = f \ “y f FAN . i 4
ae | il ff s-\ 1 LY AE ON if

OFFICE OF INSPECTOR OF BUILDINGS
800 CITY HALL

Atlanta, Georgia 30303

 

September 25, 1969

WILLIAM R. WOFFORD, P.E., R.A.
INSPECTOR OF BUILDINGS

CHARLES M. SMITH, E.E.
ASST. INSPECTOR OF BUILDINGS

 

MEMORANDUM

To: Mr. Dan E. Sweat, Jr., Director of Governmental Liaison

From: Mr. W. R. Wofford, Building orttetay

Subject: Demolition Grant No. Ga. M-1

Attached herewith is information relative to our Demolition
Grant Program. As soon as a financial statement is prepared by the Office
of Director of Finance where these records are kept, I will forward it
to you.

In order that you may have a complete picture of the Demolition
Grant Program, I have included more detailed information than requested.
It can be seen from the report, after owners were notified and hearings held,
many owners elected to demolish their own houses, thus relieving the City
of this task.

Owners of the 282 houses programmed to be demolished in the
Demolition Grant Area were notified of the City's intention to demolish
each house involved should they fail to do so.

I would like to point out that under "In Rem" authority, the City
has demolished houses outside of the Demolition Grant Area and placed liens
on the property for the demolition costs involved. We, therefore, are able
to fully recover the cost of demolition whether or not the house is in a
Demolition Grant Area.

WRWigs
On August 23, 1966, application was made to HUD for a Demolition Grant.
On November 11, 1966 the contract was executed, and our program dates
from that time.

At that time the Demolition Grant Area comprised approximately the Eastern
2/3 of what is now our Model Cities Area, and it was planned to demolish
157 structures during the Grant Program.

Experience showed that while the number of demolitions were proceeding
about as planned, voluntary compliance by owners was reducing the number
demolished under contract drastically, and that the funds allocated were
not being used at the rate anticipated.

Therefore, in March 1968 an amendment was proposed and accepted on May

1, 1968 increasing the Grant Area to about 1/7th of the City in the south-
east section. The number of structures to be demolished was increased to
282.

Since that time our rate of progress has been accelerated, but the ratio
of owner demolitions to Grant fund demolitions has remained essentially
the same.

For example the total demolitions in the area during the Grant period is
224. Of these, the owners have voluntarily demolished 163, while the City
has only had to demolish 61. We feel that this ratio is a desirable thing
from the standpoint of public relations, since it minimizes dispute, legal
complications, and adverse publicity.

It should be pointed out that in planning this Program no adequate provision
or allowance for owner demolitions was included. For this reason the funds

actually spent are less than that provided under the Grant.

The following is a complete breakdown of our progress as of September 22, 1969.

ies To be demolished - Initial estimate
Total Residential Non-Residential Mixed Number of Units
157 141 5 7 eee
2. To be demolished - Revised Estimate
Total Residential Non-Residential Mixed Number of Units
282 256 12 14 363
3, Actually demolished - Cumulative Total
Total Residential Non-Residential Mixed Number of Units

224 206 1L 7 312
4, Demolished - Owner's Expense

Total Residential Non-Residential Mixed Number of Units
163 148 8 7 219
5. Demolished - At Project Expense
Total Residential Non-Residential Mixed Number of Untts
61 58 3 0 93

6. Remaining of Contract

Total Residential Non-Residential Mixed Number of Units

58 50 1 7 51
7. Now in process in Grant Area

Total Residential Non-Residential Number of Units
36 32 4 48

8. Balance -

Total Residential Non-Residential Number of Units
- 22 -18 -4 =3

9. Structures Repaired (estimated)*

Total Residential Non-Residential
75 72 3

Statement:

Total estimated Demolitions under Grant, 282 - Total demolished
to date 224
Active cases 36
Repaired (estimate) 75
Total 335
282
53

* We feel these should be counted as they were included in the planning
count, but repaired by owner.
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                    <text>ROUTE
SLIP
TO:
FROM:
George Berry
D
For your information
D
Please refer to the attached correspondence and make the
necessary reply.
-
LJ
Advise me the status of the attached.
FORM 2 5 - 19
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              <text>Office of lhe’ Mayor

ROUTE SLIP
TO: Fite. Crntsae ~fo% Shino,

FROM: George Berry

(_] For your information

{_] Please refer to the attached correspondence and make the

necessary reply.

(| Advise me the status of the attached.

 

 

 

 

 

 

 

 

 

 

FORM 25-19
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                    <text>GENERAL EMPLOYEES PENSION FUND
Summary of Provisions with r espect t o
Credit for Prior Se r v i ce
Sec. 11.1.29
Credit i s allowe d fo r the years of actual service
rendered by an o ffi cer or employee of a municipality or a teacher or employee of a county or independent school system when such has been merged
with the Ci ty of Atlanta. Such person must pay
into the f und the percentage of his monthly salary
as h e woul d have paid had he been employed by the
City o f At l anta during the period of time for
whi ch c r edi t is claimed. The sum must be paid
within 24 months.
Sec. 11 . 1 . 30
An o f ficer or employee when transferred from one
de par tment to another is entitled to become a member of the pension fund of the department to which
he is transferred and to receive credit for his
year s of service. He must pay into the pension
fun d of the departmen t to which he is transferred
the amount of premiums he would have paid into
said fund if he had been a member of the department for the number of years he claims credit for
servi ce. He can have transferred from the pension
fun d which he leaves the amount he had paid into
such fund·.
Se c . 11.1.31
Upon the transfer of an employee or officer from
e i ther Fulton or DeKalb Counties to the City of
At lan t a, there shall be paid into the pension
fund of the City an amount equal to that which was
paid i n t o the county fu~d by such officer or empl oyee as well as the matching fund required to be
paid i n to the fund by the county authorities. The
emp l oyee or officer received credit for his prior
service wi t h the county.
Sec. 11 . 1. 35
Th is section deals with the transfer of employees
under t he Plan of Improvement and provides that
such employee shall receive credit for prior service upon paying into the pension fund the amount
of contribution he would have made had he been a
member of the fund during the years for which
credit is sought. This amount bears interest at
3% per annum and must be paid in 50 equal instalments .
Sec. 11.1. 36
This section provides the same benefits on the
t ransfer of an employee from the City to the
Count y.
Sec. 11.1.36 .1
This cover s the transfer of a golf profess i onal
fr om the City to the County and provides for credit for prior service upon payment of the amount
the employee would have paid plus matching funds.
�Sec. 11.1. 37
This section i~ lengthy and involved. It deals
with County employees, County school district
teachers and employees, and employees of the
City of Atlanta. It further deals with these
employees who have not been transferred and who
were not allowed, at the time of the transfer,
credit for all of their service with the government from which they were transferred. It provides for the transfer of matching funds and for
the payment of the employees contribution. It
covers the situation where an employee was not a
member of the pension fund of the government from
which he was transferred.
Sec. 11.1.40
If an officer· or employee was on the payroll of
the City and in good standing at the time he is
inducted into the armed forces, either voluntarily
or involuntarily, and when there is at the time of
such induction an actual conflict or such induction is mandatory, and if the employee has not
voluntarily extended his term of service beyond
the termination of the conflict or beyond the
time when he could retire from such service, then
the employee, provided he did not receive a dishonorable discharge, is entitled, upon his return
t o the service of the City, for the time spent in
the armed forces. The employee must make the
same contributions to the pension fund for the
time served in the armed f orces as he would have
made if he had been in the active service of the
City. The contributions must be made in equal
monthly instalments within a period of time equal
to the time served in the .armed forces.
Sec. 11 . 1 .41
The foregoing sec tion is derived from a general
act of local application. Sec. 11.1.41 amends
specifically the pension acts. It also covers
credit f or military service when the employee,
prior t o such service, was an employee of the City.
The employee's contributions nrust not be in arr earage f or more than 90 days and the employee further has the privilege of paying all ·of the back
payments when or before he returns to his employment with the City.
Sec. 11.1.42
This section extends the coverage of allowance of
prior credit f or military service to specifically
cover the Korean conflict and is an amendment to
Sec. 11.1 .40. The employee must have been employed by the City prior to his militar y service.
However, this section relieves him from making any
contributions to the pension fund for the period
of time during which he was in the military service.
�Sec. 11.1.43
Credit is allowed to a person who was previously
employed by the State of Georgia or a political
subdivision thereof within Fulton or DeKalb
Counties. The person must have at least 5 years
continuous service with the City before becoming
eligible for the credit. The person must pay
into the pension fund an amount equal to that
which he would have paid into the fund had he
been an employee of the City during such time
and the payments must be made over 36 month,.
The amount of credit for prior service is limited to 10 years.
Sec. 11.1.45
This section grants credit to a person who, prior
to his employment with the City, was employed by
the United States Government to perform duties
within Fulton or DeKalb Counties. He is entitled
to credit under the conditions of Sec. 11.1.43.
Additionally, this section also allows credit for
service to persons who were given a special military leave to do wartime duty in the American Red
Cross.
Sec. 11.1.46
This section deals with credit for prior service
for teachers in a public school system or in a
public or private college or university by which
they were employed prior to employment with the
City. The maximum credit allowed is 10 years.
The employee must have been employed by the City
for a period of 5 years before being eligible for
credit. The teacher must pay into the pension
fund an amount equal to that which the teacher
would have been required to pay had the teacher
been an employee of the City. the back payments
bear interest at 6% per annum. In addition, the
teacher must pay a sum equalirthe amount of matching funds which the City would have paid into the
fund had the teacher be.en employed by the City
during the time for which prior credit is sought.
Sec. 11.1.46.1
This section extends credit for prior teaching,
granted to teachers in the section above, to all
officers and employees employed by the City, who
may have been teachers in the past.
Sec. 11 . 1.48
This section allows credit to employees who, prior
to their employment with the City, were members
of the General Assembly of the State of Georgia.
Credit is allowed for a full year for each year's
membership in the General Assembly.
�Sec. 11.1.49
Employees of the Board of Education connected
with the operation of its cafeteria, who were
previously employed in the private operation of
such cafeteria are allowed credit for the prior
service with the private operation of the cafeteria upon paying into the pension fund the
amount such employee would have paid during the
time of his employment with the private operation of the cafeteria. This payment must be
made over 36 months.
FIREMEN'S PENSION FUND
Sec. 11.2 .19
These -provisions are substantially the same as
Sec. 11.1.43 of the'Gen~ral Employees Pension
Fundo
Sec. 11.2.22
This section is substantially the same as that
of 11.1.30 of the General Employees Pension
Fund.
Sec. 11.2.23
This section deals with the transfer of any member of a fire department from Fulton or DeKalb
County to the City of Atlanta. The transferred
employee is entitled to full credit for the
years of service while in the fire department of
the county. It is required that there be paid
into the pension fund of the City an amount
equal to that amount paid into the county pension fund by the county employee and an equal
amount to represent the fund required to be paid
into the county pension fund by the particular
county.
Sec. 11.2.24
This section is substantially the same as Sec.
11.2.25, set forth below.
Sec. 11.2.25
~
This section is substantially the same as Sec.
11 .1.40 of the General Employees Pension Fund
with respect to credit for time in military service.
Sec. 11.2.26
This section is substantially the same as Sec.
11.1. 42 of the General Employees Pension Fund
which extends credit for military service to
include the Korean conflict and subsequent
thereto.
Sec. 11. 2. 27
This section provides that members o f the firedepartment who are on appr9ved military leave
·'-:
�--·-c- - - .;
from active service and employment, may receive
credit toward retirement by making the same
contributions to the pension fund that they
would have made had they been in active employment service. The contribution is to be paid
within 36 months after reassignment to active
duty with the City. This section provides that
no credit will be allowed to any member who
voluntarily re-enlists in the military service·
after the end of his first leave for military
service unless such person is granted an additional military leave.
POLICEMEN'S PENSION FUND
Sec. 11.3.17
This section is substantially the same as Sec.
11.1.43 of the General Employees Pension Fund.
Sec. 11. 3. 23
This section is substantially the same as Sec.
11.1.30 of the General Employees Pension Fund.
Sec. 11.3.24
This section deals with the transfer of a member of the police department of Fulton or DeKalb
Counties to the City of Atlanta, and is substantially the same as Sec. 11.2.23 of the Firemen's
· Pension Fund.
Se C • 11-. 3 . 25
This section is substantially the same as Sec.
11.1.40 of the General Employees Pension Fund.
Sec. 11.3.26
This section is substantially the same as Sec.
11.1.42 of the General Employees Pension Fund.
Se~. 11.3. 27
This section is substantially tlhe same as Sec.
11.2.27 of the Firemen's Pension Fund.
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              <text>GENERAL EMPLOYEES PENSION FUND

Summary of Provisions with respect to
Credit for Prior Service

sec. 1.1.29 - Credit is allowed for the years of actual service
rendered by an officer or employee of a municipal-.
ity or a teacher or employee of a county or inde-
pendent school system when such has been merged
with the City of Atlanta. Such person must pay
into the fund the percentage of his monthly salary
as he would have paid had he been employed by the
City of Atlanta during the period of time for
which credit is claimed. The sum must be paid

within 24 months.

Sec. 11.1.30 - An officer or employee when transferred from one
department to another is entitled to become a mem-
ber of the pension fund of the department to which
he is transferred and to receive credit for his
years of service. He must pay into the pension
fund of the department to which he is transferred
the amount of premiums he would have paid into
said fund if he had been a member of the depart-
ment for the number of years he claims credit for
service. He can have transferred from the pension
fund which he leaves the amount he had paid into

such fund.

Sec. 11.1.31 - Upon the transfer of an employee or officer from
either Fulton or DeKalb Counties to the City of
Atlanta, there shall be paid into the pension
fund of the City an amount equal to that which was
paid into the county fund by such officer or em-
ployee as well as the matching fund required to be
paid into the fund by the county authorities.
employee or officer received credit for his prior

service with the county.

Sec. 11.1.35 - This section deals with the transfer of employees
under the Plan of Improvement and provides that
such employee shall receive credit for prior ser-
vice upon paying into the pension fund the amount
of contribution he would have made had he been a
member of the fund during the years for which
credit is sought. This amount bears interest at
3% per annum and must be paid in 50 equal instal-

ments,
Sec. 11.1.36 - This section provides the same benefits on the
transfer of an employee from the City to the
County.
Sec. 11.1.36.1 - This covers the transfer of a golf professional

from the City to the County and provides for cred-
it for prior service upon payment of the amount
the employee would have paid plus matching funds.
 

 

 

Sec.

Sec.

Sec.

Sec,

111.37

11.1.40

11.1.41

11.1.42

This section is lengthy and involved. It deals
with County employees, County school district
teachers and employees, and employees of the
City of Atlanta. It further deals with these
employees who have not been transferred and who
were not allowed, at the time of the transfer,
credit for all of their service with the govern-
ment from which they were transferred. It pro-
vides for the transfer of matching funds and for
the payment of the employees contribution. It
covers the situation where an employee was not a
member of the pension fund of the government from
which he was transferred.

If an officer or employee was on the payroll of
the City and in good standing at the time he is
inducted into the armed forces, either voluntarily
or involuntarily, and when there is at the time of
such induction an actual conflict or such induc-
tion is mandatory, and if the employee has not
voluntarily extended his term of service beyond
the termination of the conflict or beyond the

time when he could retire from such service, then
the employee, provided he did not receive a dis-
honorable discharge, is entitled, upon his returm
to the service of the City, for the time spent in
the armed forces. The employee must make the

same contributions to the pension fund for the
time served in the armed forces as he would have
made if he had been in the active service of the
City. The contributions must be made in equal
monthly instalments within a period of time equal
to the time served in the armed forces.

 

The foregoing section is derived from a general

act of local application. Sec. 11.1.41 amends
specifically the pension acts. It also covers
credit for military service when the employee,
prior to such service, was an employee of the City.
The employee's contributions must not be in ar-
rearage for more than 90 days and the employee fur-
ther has the privilege of paying all of the back
payments when or before he returns to his employ-
ment with the City.

 

This section extends the coverage of allowance of
prior credit for military service to specifically
cover the Korean conflict and is an amendment to
Sec. 11.1.40. The employee must have been em-
ployed by the City prior to his military service.
However, this section relieves him from making any
contributions to the pension fund for the period

of time during which he was in the military service.

 
 

Sec. 11.1.43

Sec. 11.1.45

Sec. 11.1.46

Sec. 11.1.46.1

Sec. 11.1.48

- the United States Government to perform duties

Credit is allowed to a person who was previously
employed by the State of Georgia or a political
subdivision thereof within Fulton or DeKalb
Counties. The person must have at least 5 years
continuous service with the City before becoming
eligible for the credit. The person must pay
into the pension fund an amount equal to that
which he would have paid into the fund had he
been an employee of the City during such time
and the payments must be made over 36 months.
The amount of credit for prior service is lim-
ited to 10 years.

This section grants credit to a person who, prior
to his employment with the City, was employed by

 

within Fulton or DeKalb Counties. He is entitled
to credit under the conditions of Sec. 11.1.43.

Additionally, this section also allows credit for
service to persons who were given a special mili-
tary leave to do wartime duty in the American Red
Cross.

This section deals with credit for prior service
for teachers in a public school system or in a
public or private college or university by which
they were employed prior to employment with the
City. The maximum credit allowed is 10 years.
The employee must have been employed by the City
for a period of 5 years before being eligible for
eredit. The teacher must pay into the pension
fund an amount equal to that which the teacher
would have been required to pay had the teacher
been an employee of the City. the back payments
bear interest at 6% per annum. In addition, the
teacher must pay a sum equalithe amount of match-
ing funds which the City would have paid into the
fund had the teacher been employed by the City
during the time for which prior credit is sought.

This section extends credit for prior teaching,
granted to teachers in the section above, to all
officers and employees employed by the City, who
may have been teachers in the past.

This section allows credit to employees who, prior
to their employment with the City, were members

of the General Assembly of the State of Georgia.
Credit is allowed for a full year for each year's
membership in the General Assembly.
 

 

Sec. 11.1.49

Sec. 11.2.19

See. 11.2,22

Sec. 11.2.23
Sec. 11.2.24
Sec. 11.2.25

Sec. 11.2.26

Sec. 11.2.27

 

Employees of the Board of Education connected
with the operation of its cafeteria, who were
previously employed in the private operation of
such cafeteria are allowed credit for the prior
service with the private operation of the cafe-
teria upon paying into the pension fund the
amount such employee would have paid during the
time of his employment with the private opera-
tion of the cafeteria. This payment must be ©
made over 36 months.

FIREMEN'S PENSION FUND

These provisions are substantially the same as
Sec. 11.1.43 of the’ General Employees Pension
Fund,

This section is substantially the same as that
of 11.1.30 of the General Employees Pension
Fund.

This section deals with the transfer of any mem-
ber of a fire department from Fulton or DeKalb
County to the City of Atlanta. The transferred
employee is entitled to full credit for the
years of service while in the fire department of
the county. It is required that there be paid
into the pension fund of the City an amount
equal to that amount paid into the county pen-
sion fund by the county employee and an equal
amount to represent the fund required to be paid
into the county pension fund by the particular
county.

This section is substantially the same as Sec.
11.2.25, set forth below.

This section is substantially the same as Sec.
11.1.40 of the General Employees Pension Fund
with respect to credit for time in military ser-
vice.

This section is substantially the same as Sec.
11.1.42 of the General Employees Pension Fund
which extends credit for military service to
include the Korean conflict and subsequent
thereto.

This section provides that members of the fire-
department who are on approved military leave
 

» 41.35.17

- 11.3.23

11.3.24

11,325

1143426

11.3.27

from active service and employment, may receive
credit toward retirement by making the same
contributions to the pension fund that they
would have made had they been in active employ-
ment service. The contribution is to be paid
within 36 months after reassignment to active
duty with the City. This section provides that
no credit will be allowed to any member who
voluntarily re-enlists in the military service
after the end of his first leave for military
service unless such person is granted an addi-
tional military leave.

POLICEMEN'S PENSION FUND

This section is substantially the same as Sec.
11.1.43 of the General Employees Pension Fund.

This section is substantially the same as Sec.
11.1.30 of the General Employees Pension Fund.

This section deals with the transfer of a mem-
ber of the police department of Fulton or DeKalb
Counties to the City of Atlanta, and is substan-
tially the same as Sec. 11.2.23 of the Firemen's
‘Pension Fund.

This section is substantially the same as Sec.
11.1.40 of the General Employees Pension Fund,

This section is substantially the same as Sec.
11.1.42 of the General Employees Pension Fund.

This section is substantially the same as Sec.
11.2.27 of the Firemen's Pension Fund.

 
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                    <text>------------------=='CITY OF ATLANTA
DEPARTMENT OF L A W
2614 FIRST NATIONAL BANK BUILDING
ATLANTA, GEORGIA 30303
Septemb r 18, 1969
R. afford
Building Official
Offic of Ins ctor of Building ~
800 City H 11
Atlanta; Georgi
30303
Mr • •
D r Bill :
ilitary a rvic
••
ting th t I pr
r for
ctual
pl o
nt by t
n ion er dit .
On Augu t 27,
you a bri £ r
City, th t 1
ncloa
thr
rd fr
our•
ry truly,
F rrin Y.
nc1 .
•
Cl
yor
r.
th w
A ai t nt City Atrn,l'"ftoy
/ljl
, Jr .
ta kis
the
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              <text> 

 

CITY OF ATLANTA

DEPARTMENT OF LAW
2614 FIRST NATIONAL BANK BUILDING
ATLANTA, GEORGIA 30303

September 18, 1969

Mr. W. R. Wofford
Building Official
Office of Inspector of Buildings Le
800 City Hall
Atlanta, Georgia 30303

   
    
    

Dear Bill:

Re:

 

On August 27, 1969, ye
you a brief resume of
City, that is allowed

’ requesting that I prepare for
ce, othqr than actual employment by the

\ be coungs i for pension credits.
TiC

Enclosed her » you wil i a summary I have prepared from the
three pensi s relating to the City of Atlanta.

Yours very truly,

Ferrin Y¥. Mathews
FYM/1)1 Assistant City Attorney

Enel.

ee: Mayor Ivan Allen, Jr.
ec: Mr. George Coteakis
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                    <text>NALL, MILLER, CADENHEAD
&amp; DENNIS
ATTORNEYS AT LAW
SAMUEL A. MILLER
A. P AU L CADENHEAD
DOUGLAS ' D ENNIS
JAMES W . DO RSEY
EDWARDS. WH IT E
DON A LD M. FAIN
THEODORE G. FR ANKE L
MIC HAEL D . ALEMBIK
ROBERT E . CORRY . JR.
GERALD A. FRIEDLANDER
DENNIS J . WEBB
THOMAS S. C AR L OCK
BAXTER L . DAVIS
PRICES. WILLIAMS. JR.
JON 0. FULLERTON
LOWELL S. FINE
RONNIE L . QUIGLEY
2400 NAT I ONAL BANK OF GEORGIA BU IL D I NG
ATLANTA, GEORGIA 30303
September 11, 1969
COUNS E L
A . WA LTON
MORTYN
NALL
K. ZIETZ
HAMILTON DOUGLAS
(404) 522 - 2200
Mr . Dan E. Swea t , Jr.
Chief Administra tive Officer
Cit y of At l a nta
City Ha ll
Atlanta, Georgia 30303
Dea r Mr . Sweat:
Th ank you very mu ch f or y our letter of Septemb er 9 and
the enclosed c orrespondenc e between y ou and HUD regarding Section
114 of the City of Atlanta Plumbing Code .
I n ote that on Page Two of HUD' s r ep l y to you r l etter
the fol lowing appears :
"Thus Section 114 of the Atlanta. Plumbing Code meets
present Departmental standards as to content and
intent if the section is interpreted to permit the choice
of allowable materials on all floors constru cted to
Building Code specifications . Such interpretation
would also make this Section consistent with a policy
of permitting the construction of housing at the
lowest possible cost without lowering reasonable
standards of safety and durability."
In view of its very clear expression on this matter,
it does not seem unreasonable to hope that HUD's interpretation
will in the future be followed in the enforcement of Section 114
by the Atlanta Building Department.
ESW/lw
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              <text>NALL, MILLER, CADENHEAD &amp; DENNIS

SAMUEL A. MILLER

A. PAUL CADENHEAD
DOUGLAS DENNIS
JAMES W, DORSEY
EDWARD S. WHITE
DONALD M, FAIN
THEODORE G. FRANKEL
MICHAEL D, ALEMBIK
ROBERT E. CORRY. JR.
GERALD A, FRIEDLANDER
DENNIS J. WEBB
THOMAS S, CARLOCK
BAXTER L. DAVIS

PRICE S. WILLIAMS. JR.
JON O. FULLERTON
LOWELL S. FINE
RONNIE L. QUIGLEY

Mr. Dan E. Sweat, Jr.

ATTORNEYS AT LAW

2400 NATIONAL BANK OF GEORGIA BUILDING

ATLANTA, GEORGIA 30303

September 11, 1969

Chief Administrative Officer

City of Atlanta
City Hall
Atlanta, Georgia

Dear Mr. Sweat:

30303

Thank you very much for your letter of
the enclosed correspondence between you and HUD regarding Section
114 of the City of Atlanta Plumbing Code.

COUNSEL

A. WALTON NALL
MORTYN K. ZIETZ
HAMILTON DOUGLAS

 

(404) S22-2200

September 9 and

I note that on Page Two of HUD's reply to your letter

the following appears:

"Thus Section 114 of the Atlanta Plumbing Code meets
present Departmental standards as to content and

intent if the section is interpreted to permit the choice
of allowable materials on all floors constructed to

Building Code specifications.

Such interpretation

would also make this Section consistent with a policy
of permitting the construction of housing at the
lowest possible cost without lowering reasonable
standards of safety and durability."

In view of its very clear expression on this matter,
it does not seem unreasonable to hope that HUD's interpretation
will in the future be followed in the enforcement of Section 114
by the Atlanta Building Department.

ESW/1w

Sincerely yours,

Fduurerd 2D, (ihe

Edward S. White
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                    <text>DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PEACHTREE SEVENTH BUILDING, ATLANTA, GEORGIA 30323
REGION Ill
September 5, 1969
IN REPLY REFER TO:
3CW
Mr. Dan E. Sweat, Jr.
Chief Administrative Officer
City of Atlanta
City Hall
Atlanta, Georgia 30303
.'
Dear Mr. Sweat:
..
.
_.,,. ··- ·"';
Th:i.s will acknowledge your letter dated August 22, 1969, addressed to
Mro Edward H. Baxter, Regional Administrator, concerning the interpretation
of Section 114 of the City of Atlanta's Plumbing Code, which reads as
follows:
Seco 114. Fixture connections between drainage pipes and water
closets, Floor-outlet service sinks, pedestal urinals, and .
earthenware tra~ standards shall be made by means of brass, hardlead _or iron flanges, calked, soldered or screwed to the drainage
pipe. The connection shall be bolted, with an approved gasket
or washer or setting compound between the earthenware and the
connection. The floor flange shall be set on approved firm base.
The use of commercial putty or plaster is prohibited.


• -.&gt;~/.•


'
~
j
'I
Your letter outlines two opposing interpretations of this Section, both of
which are centered around the provision that "the floor flange shall be
set on an approved firm base." The first interpretation is that the choice
of materials is restricted to a · slab on grade, which, according to this
interpretation, is the only slab that constitutes "an approv ed firm base"
insofar as the use of brass or iron flanges is concerned. The second
interpretation is that the intent of the Section is to permit the choice
of materials ("brass, hard-lead or iron flanges, calked, soldered, or
screwed to the drainage pipe") on slab floors above grade.
As interpreted by Regional Office codes specialists, the purpose of the
Section is to permit the choic e of all allowable materials on all floors
constructed in accordance with building code standards. They point out
that any floor of a building constructed in accordance with building code
standards should constitute "an approved firm base" and thus, according to
the Section as now written, the choice of all allowable materials should
apply to any floor so constructed.
~-
~-·.
�~-'· I
,r· ,.,.
I
'-' . !\
.r
-2
In our judgment, the intent, purpose, and correct interpretation of
this Section of Atlanta's Plumbing Code can be clarified by amending
the code to contain a definition of the term "an approved firm base."
A suggested definition is "any base constructed in accordance with
building code specifications."
__ )
..,,
.·-;
.
The Section is identical to Section 606.1 of the 1967 Edition of the
Southern Standard Plumbing Code. It is also identical with Section
P~503o0 of the 1968 Edition of the BOCA Basic Plumbing Code with one
exceptiono The BOCA Plumbing Code specified a "structurally firm
base" instead of "an approved firm base." The Department encourages
the adoption of codes which contain standards comparable to those
contained in nationally recognized model standard cod·e s such as the
Southern Standard and the BOCA codes. Thus Section 114 of the Atlanta
Plumbing Code meets present Departmental standards as to content and
intent if the section is interpreted to permit the choice of allowable
materials on all floors constructed to building code specifications •
Such an interpretation would also make this Section consistent with a
policy of permitting the _construction of housing at the lowest possible
cost without lowering reasonable standards of safety and durability.
We trust that our comments on this matter will be of some benefit in
arriving at an interpretation that will be satisfactory to all parties
concerned.
Sincerely yours,


{{u/ 1c{ . ~Jk____


L£V""A. Frederick Smith
Regional Administrator
Program Coordination &amp; Services Office
tJ · Assistant
..
cc:
Mayor Ivan Allen, Jr •
-} ...
. :.:


...


.-.
~
0
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              <text>‘di On,

$ %
“I in “s DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
4, ll? é PEACHTREE SEVENTH BUILDING, ATLANTA, GEORGIA 30323
4%
“Oraa3q wi®
REGION Ill

September 5, 1969

IN REPLY REFER TO:

3CW

Mr. Dan E. Sweat, Jr.

Chief Administrative Officer
City of Atlanta

City Hall

Atlanta, Georgia 30303

Dear Mr. Sweat:

This will acknowledge your letter dated August 22, 1969, addressed to
Mr. Edward H. Baxter, Regional Administrator, concerning the interpretation

of Section 114 of the City of Atlanta's Plumbing Code, which reads as
follows:

Sec, 114. Fixture connections between drainage pipes and water
closets, Floor-outlet service sinks, pedestal urinals, and
earthenware trap standards shall be made by means of brass, hard-
lead or iron flanges, calked, soldered or screwed to the drainage
pipe. The connection shall be bolted, with an approved gasket

or washer or setting compound between the earthenware and the ;
connection. The floor flange shall be set on approved firm base.
The use of commercial putty or plaster is prohibited.

Your letter outlines two opposing interpretations of this Section, both of
which are centered around the provision that "the floor flange shall be

set on an approved firm base." The first interpretation is that the choice
of materials is restricted to a slab on grade, which, according to this
interpretation, is the only slab that constitutes "an approved firm base"
insofar as the use of brass or iron flanges is concerned. The second
interpretation is that the intent of the Section is to permit the choice

of materials ("brass, hard-lead or iron flanges, calked, soldered, or
screwed to the drainage pipe") on slab floors above grade.

As interpreted by Regional Office codes specialists, the purpose of the
Section is to permit the choice of all allowable materials on all floors
constructed in accordance with building code standards. They point out
that any floor of a building constructed in accordance with building code
standards should constitute "an approved firm base" and thus, according to
the Section as now written, the choice of all allowable materials should
apply to any floor so constructed.
-2

In our judgment, the intent, purpose, and correct interpretation of
this Section of Atlanta's Plumbing Code can be clarified by amending
the code to contain a definition of the term "an approved firm base."
A suggested definition is "any base constructed in accordance with
building code specifications,"

The Section is identical to Section 606.1 of the 1967 Edition of the
Southern Standard Plumbing Code. It is also identical with Section
P-503.0 of the 1968 Edition of the BOCA Basic Plumbing Code with one
exception. The BOCA Plumbing Code specified a "structurally firm
base" instead of "an approved firm base.'' The Department encourages
the adoption of codes which contain standards comparable to those
contained in nationally recognized model standard codes such as the
Southern Standard and the BOCA codes. Thus Section 114 of the Atlanta
Plumbing Code meets present Departmental standards as to content and
intent if the section is interpreted to permit the choice of allowable
materials on all floors constructed to building code specifications,
Such an interpretation would also make this Section consistent with a
policy of permitting the construction of housing at the lowest possible
cost without lowering reasonable standards of safety and durability.

We trust that our comments on this matter will be of some benefit in
arriving at an interpretation that will be satisfactory to all parties
concerned.

Sincerely yours,

Mal Ue. Fog

fr: Frederick Smith
Assistant Regional Administrator

Program Coordination &amp; Services Office

 

ec: Mayor Ivan Allen, Ir.

aes
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                    <text>I-
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PEACHTREE SEVENTH BUILDING, ATLANTA, GEORGIA 30323
REGION Ill
September 5, 1969
IN REPLY REFER TO:
3CW
Mr. Dan E. Sweat, Jr.
Chief Administrative Officer
City of Atlanta
City Hall
Atlanta, Georgia 30303
Dear Mr. Sweat :
' ~- .....
.l
• 1
• I
This will acknowledge your letter dated August 22, 1969, addressed to
Mr. Edward H. Baxter, Regional Administrator, concerning the interpretation
of Section 114 of the City of Atlanta's Plumbing Code, which reads as
follows:
Sec. 114. Fixture connections between drainage pipes and water
closets, Floor-outlet service sinks, pedestal urinals, and
earthenware trap standards shall be made by means of brass, hardlead _or iron flanges, calked, soldered or screwed to the drainage
pipe. The connection shall be bolted, with an approved gasket
or washer or setting compound between the earthenware and the
connection. The floor flange shall be set on approv~d firm base.
The use of commercial putty or plaster is prohibited •
I
I
•I
Your letter outlines two opposing interpretations of this Section, both of
which are centered around the provision that "the floor flange shall be
set on an approved firm base." The first int~rpretation is that the choice
of materials is restricted to a · slab on grade, which, according to this
interpretation, is the only slab that constitutes "an approved firm base"
insofar as the use of brass or iron flanges is concerned. The second
interpretation is that the intent of the Section is to permit the choice
of materials ("brass, hard-lead or iron flanges, calked, soldered, or
screwed to the drainage pipe") on slab floors above g-rade.
-1
· l
As interpreted by Regional Office codes specialists, the purpose of the
Section is to permit the choice of all allowable materials on all floors
constructed in accordance with building code standards. They point out
that any floor of a building constructed in accordance with building code
standards should constitute "an approved firm base" and thus, according to
the Section as now written, the choice of all allowable mater ials should
appl y to any f l oor so constructed.
.... :_:..
...
- . --~
-.-:
�r ,·.
,
.,
-2
In our judgment, tne intent, purpose, and correct interpretation of
this Section of Atlanta's Plumbing Code can be clarified by amending
the code to contain a definition of the term "an approved firm base."
A suggested definition is "any base constructed in accordance with
building code specifications."
The Section is identical to Section 606.1 of the 1967 Edition of the
Southern Standard Plwnbing Code. It is also identical with Section
P-503.0 of the 1968 Edition of the BOCA Basic Plumbing Code with one
exception. The BOCA Plumbing Code specified a "structurally firm
base" instead of "an approved firm base. 11 The Department encourages
the adoption of codes which contain standards comparable to those
contained in nationally recognized model standard codes such as the
Southern Standard and the BOCA codes. Thus Section 114 of the Atlanta
Plumbing Code meets present Departmental st andards as to content and
intent if the section is interpreted to permit the choice of allowable
materials on all floors constructed to building code specifications.
Such an interpretation would also make this Section consistent with a
policy of permitting the construction of housing at the lowest possible
cost without lowering reasonable standards of safety and durability .
·,
We trust that our comments on this matter will be of some benefit in
arriving at an inter pre tation that will be satisfactory to all parties
concerned.
Sincerely yours,


(/,u/$. 143.215.248.55


~ A . Frederick Smith
/)
Assistant Regional Administrator
Program Coordination &amp; Services Office
-·11I
•
Mayor Ivan Allen, Jr.
cc:
..
/ ,
..,·
..


--;_:.·


.
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a

* |

oe
Ss
:
%, (iy:

3459 “

+ 3

Wo. ows™

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PEACHTREE SEVENTH BUILDING, ATLANTA, GEORGIA 30323

le

 

REGION III September 5, 1969

IN REPLY REFER TO:

3CW

Mr. Dan E. Sweat, Jr.

Chief Administrative Officer
City of Atlanta

City Hall

Atlanta, Georgia 30303

Dear Mr. Sweat:

This will acknowledge your letter dated August 22, 1969, addressed to
Mr, Edward H. Baxter, Regional Administrator, concerning the interpretation

of Section 114 of the City of Atlanta's Plumbing Code, which reads as
follows:

Sec. 114. Fixture connections between drainage pipes and water
closets, Floor-outlet service sinks, pedestal urinals, and
earthenware trap standards shall be made by means of brass, hard-
lead or iron flanges, calked, soldered or screwed to the drainage
pipe. The connection shall be bolted, with an approved gasket

or washer or setting compound between the earthenware and the
connection. The floor flange shall be set on approved firm base.
The use of commercial putty or plaster is prohibited.

Your letter outlines two opposing interpretations of this Section, both of
which are centered around the provision that "the floor flange shall be

set on an approved firm base.'' The first interpretation is that the choice
of materials is restricted to a slab on grade, which, according to this
interpretation, is the only slab that constitutes "an approved firm base"
insofar as the use of brass or iron flanges is concerned. The second
interpretation is that the intent of the Section is to permit the choice

of materials ("brass, hard-lead or iron flanges, calked, soldered, or
screwed to the drainage pipe") on slab floors above grade.

As interpreted by Regional Office codes specialists, the purpose of the
Section is to permit the choice of all allowable materials on all floors
constructed in accordance with building code standards, They point out
that any floor of a building constructed in accordance with building code
standards should constitute "an approved firm base" and thus, according to
the Section as now written, the choice of all allowable materials should
apply to any floor so constructed.
“2

In our judgment, the intent, purpose, and correct interpretation of
this Section of Atlanta's Plumbing Code can be clarified by amending
the code to contain a definition of the term "an approved firm base."
A suggested definition is "any base constructed in accordance with
building code specifications,"

The Section is identical to Section 606.1 of the 1967 Edition of the
Southern Standard Plumbing Code. It is also identical with Section
P-~503.0 of the 1968 Edition of the BOCA Basic Plumbing Code with one
exception, The BOCA Plumbing Code specified a "structurally firm
base" instead of "an approved firm base.'' The Department encourages
the adoption of codes which contain standards comparable to those
contained in nationally recognized model standard codes such as the
Southern Standard and the BOCA codes, Thus Section 114 of the Atlanta
Plumbing Code meets present Departmental standards as to content and
intent if the section is interpreted to permit the choice of allowable
materials on all floors constructed to building code specifications.
Such an interpretation would also make this Section consistent with a
policy of permitting the construction of housing at the lowest possible
cost without lowering reasonable standards of safety and durability.

We trust that our comments on this matter will be of some benefit in
arriving at an interpretation that will be satisfactory to all parties

concerned.

Sincerely yours,

 

A. Frederick Smith
Assistant Regional Administrator
Program Coordination &amp; Services Office

ec: Mayor Ivan Allen, Jr.
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. l
DEPARTMENT OF HOUSING A N D URBAN D .E VELOPMENT
PEACHTREE SEVENTH BUILDING, ATLANTA , GEORG IA 30323
REGION Ill
September 5, 1969
IN REPLY R E FER TO:
3CW
Mr. Dan E. Sweat, Jr.
Chief Administrative Officer
City of Atlanta
City Hall
Atlanta, Georgia 30303
•, :
Dear Mr. Sweat:
.l
.....
This will acknowledge ' your letter da t ed August 22, 1969, addressed to
Mr. Edward H. Baxter, Regional Administrator, concerning the interpretation
of Section 114 of the City of Atlanta's Plumbing Code, which reads as
follows:
Sec. 114. Fixture connections be t ween drainage pipes and water
clos ets, Floor- outlet service sinks, pedestal urinals, and
earthenware trap standards sha ll be made by means of brass, hardlead _or iron flanges, calked, soldered or screwed to the drainage
pipe. The connection shall be bolted, with an approved gasket
or washer or setting compound between the earthenware and the
conne ction. The floor flange shall be set on approved firm ba s e .
The use of comme rcia l putty or plaster is prohibited.
'
·1
I
. I
•. ...,. •..j
.l
lI
Your letter outlines two opposing interpretations of this Section, both of
which are cente r ed around the provision that "the floor flange shall be
set on an a pproved firm base." The first interpretat i on is that the choice
of materials is restricted to a · slab on gr ade, which, according to t his
interpretation, is the only slab that const itutes " an a pproved firm base"
insofar as the us e of brass o r iron flanges is concerned. The second
interpretation is that t he intent of the Section is to permit the . choice
of materials ("bras s, hard- l ead or iron flanges, c a l ked, soldered, or
screwed to the d rainage pipe") on slab fl oors above grade.
As interpreted by Regional Office codes specialists, the purpose of the
Section is to permit the choice of all allowable mat erials on all floors
constructed in accordance with building code standards. They point out
that any floor of a building constructed in accordance with building code
standards s hould constitute "an approved £inn bas e" and thus, according to
the Section as now written, the choice of all allowable materials should
apply to any floor so constructed.
- ....__,....... ---
·.,~
0
•
,·
�.'
.-..:;,•
-2
In our judgment, tne intent, purpose, and correct interpretation of
this Section of Atlanta 1 s Plumbing Code can be clarified by amending
the code to contain a definition of the term 11 an approved firm base. 11
A suggested de finition is 11 any base constructed in accordance with
building code specifications."
..-,·.
,,
The Section is identical to Section 606.1 of the 1967 Edition of the
Southern Standard Plumbing Code. It is also identical with Section
P-503.0 of the 1968 Edition of the BOCA Basic Plumbing Code with one
exception. The BOCA Plumbing Code specified a "structura lly firm
base 11 instead of 11 an approved firm base. 11 The Department encourages
the adoption of codes which contain s tandards comparable to those
contained in nationally recognized model st andard codes such as the
Southern St andard and the BOCA codes. Thus Section 114 of the Atlanta
Plumbing Code me e ts pres ent Depart me ntal st anda rds as to content and
intent if the section is interpreted to permit the choice of allowable
materials on all floors construct ed to building code specifications.
Such an int e rpretation would also make this Section consist ent with a
policy of pe rmitting the construction of housing at the lowest possible
cost without lowering reasonabl e standards of safety and durability •
0
.
~
.·
.
We trust tha t our comments on this matt e r will be of some benefit in
arriving at an interpretation that will be satisfactory to all parties
concerned.
Sincerely yours,
. ;rW ~ -~~{Z,__
~ A . Frederick Smith
Assist ant Regional Administrator
Program Coordination &amp; Services Office
tJ
·,1
-·.
,4j
cc:
Mayor Ivan Allen, Jr •
.·..,
-I·
..: ..









..


•'
. .,.
. ,·
··-~:1·
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WENT 9,

“ie
oot o .
th % DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
% tai &amp; PEACHTREE SEVENTH BUILDING, ATLANTA, GEORGIA 30323
co 7" :
Oran 3g od
REGION. {I September 5, 1969

IN REPLY REFER TO:

3CW

Mr. Dan E, Sweat, Jr.

Chief Administrative Officer
City of Atlanta

City Hall

Atlanta, Georgia 30303

Dear Mr. Sweat:

This will acknowledge your letter dated August 22, 1969, addressed to

Mr, Edward H. Baxter, Regional Administrator, concerning the interpretation
of Section 114 of the City of Atlanta's Plumbing Code, which reads as
follows:

Sec, 114. Fixture connections between drainage pipes and water
closets, Floor-outlet service sinks, pedestal urinals, and
earthenware trap standards shall be made by means of brass, hard-
lead or iron flanges, calked, soldered or screwed to the drainage
pipe. The connection shall be bolted, with an approved gasket

or washer or setting compound between the earthenware and the '
connection, The floor flange shall be set on approved firm base.
The use of commercial putty or plaster is prohibited.

Your letter outlines two opposing interpretations of this Section, both of
which are centered around the provision that "the floor flange shall be

set on an approved firm base." The first interpretation is that the choice
of materials is restricted to a slab on grade, which, according to this
interpretation, is the only slab that constitutes "an approved firm base"
insofar as the use of brass or iron flanges is concerned. The second
interpretation is that the intent of the Section is to permit the choice

of materials ("brass, hard-lead or iron flanges, calked, soldered, or
screwed to the drainage pipe'') on slab floors above grade.

As interpreted by Regional Office codes specialists, the purpose of the
Section is to permit the choice of all allowable materials on all floors
constructed in accordance with building code standards. They point out
that any floor of a building constructed in accordance with building code
standards should constitute "an approved firm base" and thus, according to
the Section as now written, the choice of all allowable materials should
apply to any floor so constructed.
“2

In our judgment, the intent, purpose, and correct interpretation of
this Section of Atlanta's Plumbing Code can be clarified by amending
the code to contain a definition of the term "an approved firm base."
A suggested definition is "any base constructed in accordance with
building code specifications."

The Section is identical to Section 606.1 of the 1967 Edition of the
Southern Standard Plumbing Code. It is also identical with Section
P-503.0 of the 1968 Edition of the BOCA Basic Plumbing Code with one
exception, The BOCA Plumbing Code specified a "structurally firm
base" instead of "an approved firm base."" The Department encourages
the adoption of codes which contain standards comparable to those
contained in nationally recognized model standard codes such as the
Southern Standard and the BOCA codes. Thus Section 114 of the Atlanta
Plumbing Code meets present Departmental standards as to content and
intent if the section is interpreted to permit the choice of allowable
materials on all floors constructed to building code specifications,
Such an interpretation would also make this Section consistent with a
policy of permitting the construction of housing at the lowest possible
cost without lowering reasonable standards of safety and durability.

We trust that our comments on this matter will be of some benefit in
arriving at an interpretation that will be satisfactory to all parties
concerned.

Sincerely yours,
qT, ? fh, ez
Wel he. Foe
A. Frederick Smith

Assistant Regional Administrator
Program Coordination &amp; Services Office

 

ec: Mayor Ivan Allen, Jr.
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•
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PEACHTREE SEVENTH BUILDING, ATLANTA, GEORGIA 30323
REGION Ill
September 5, 1969
IN REPLY REFER TO:
3CW
Mr. Dan E. Sweat, Jr.
Chief Administrative Officer
City of Atlanta
City Hall
Atlanta, Georgia 30303
Dear Mr. Sweat:
This will acknowledge your letter dated August 22, 1969, addressed to
Mr. Edward H. Baxter, Regional Administrator, concerning the interpretation
of Section 114 of the City of Atlanta's Plumbing Code , which reads as
follows:
Sec. 114. Fixture connections between drainage pipes and water
closets, Floor-outlet service sinks , pedestal urinals, and
earthenware trap standards shall be made by means of brass, hardlead _or iron flanges, calked, soldered or screwed to the drainage
pipe. The connection shall be bolted, with an approved gasket
or washer or s etting compound between the earthenware and the
connection. The floor flange shall be set on approved firm base.
The use of commercial putty or pl as ter is prohibited.
-l
Your letter outlines two opposing interpretations of this Section, both of
which are centered -around the provision that "the floor flange shall be
set on an approved firm base." The first interpretation is that the choice
of materials is restricted to a slab on grade, wh ich, according to this
interpretation, is the only slab that constitutes "an approved firm base"
insofar as the use of brass or iron flang es is concerned . The second
interpretation is that the intent of the Section is to permit the choice
of materials ("brass, hard-lead or iron flanges, c alked, soldered, or
screwed to the drainage pipe") on slab floors above grade.
As interpreted by Regional Office codes specialists, the purpose of the
Section is to permit the choice of all allowable materials on all floors
constructed in accordance with building code standards. They point out
that any floor of a building constructed in accordance with building code
standards should constitute "an approved firm base" and thus, according to
the Section as now written, the choice of all allowable materials should
apply to any floor so constructed.
--,
-
.
�.·•
,,.
J
-2
In our judgment, tne intent, purpose, and correct interpreta tion of
this Section of Atlanta 1 s Plumbing Code can be clarifie d by amending
the code to contain a definition of the term "an approved fi r m bas e . 11
A suggested definition is "any base constructed in accordance with
building code specifications."
..--;:-
..
,_.-:
-"' 4
The Section is identical to Section 606.1 of the 1967 Edition of the
Southern Standard Plumbing Code. It is also identical with Section
P-503.0 of the 1968 Edition of the BOCA Basic Plumbing Code with one
exception . The BOCA Plumbing Code specified a "struct ura lly firm
base" instead of "an approved firm base. 11 The Department encourages
the adoption of codes which contain standards comparable to those
contained in nationally recognized model standard codes such as the
Southern Standa rd and the BOCA codes. Thus Section 114 of the Atlanta
Plumbing Code mee ts present Depa rtmenta l st andards a s to content and
intent if the section is interpret ed to pe rmit the cho ice of allowable
materials on all flo ors constructed to building code specifications.
Such an interpretation would also make this Section consistent with a
policy of permitting the construction of housing at the lowest possible
cost without lowe ring reasonable standards of safety and durability •
. .. •·..
We trust tha t our comments on thi s ma t t er will be of s ome benefit in
arriving a t an inte r pr e tation that will be s a tisfactory to all parties
concerned.
Sincere l y yours,
. . ;{~ft,_~ ~ ~
~
tJ
·1
cc:
-i
Mayor Iva n All en, Jr.
·1
0
. Frede rick Smith
Assistant Regional Administra tor
Program Coordination &amp; Services Office
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              <text>WENT o,
¢ 4%
&lt;

. 0 * 5 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
% wai é PEACHTREE SEVENTH BUILDING, ATLANTA, GEORGIA 30323
pe
“Ors450 .
REGION September 5, 1969

IN REPLY REFER TO:

3CW

Mr. Dan E. Sweat, Jr.

Chief Administrative Officer
City of Atlanta

City Hall

Atlanta, Georgia 30303

Dear Mr. Sweat:

This will acknowledge your letter dated August 22, 1969, addressed to

Mr. Edward H. Baxter, Regional Administrator, concerning the interpretation
of Section 114 of the City of Atlanta's Plumbing Code, which reads as
follows:

Sec. 114, Fixture connections between drainage pipes and water
closets, Floor-outlet service sinks, pedestal urinals, and
earthenware trap standards shall be made by means of brass, hard-
lead or iron flanges, calked, soldered or screwed to the drainage
pipe. The connection shall be bolted, with an approved gasket

or washer or setting compound between the earthenware and the
connection. The floor flange shall be set on approved firm base.
The use of commercial putty or plaster is prohibited.

Your letter outlines two opposing interpretations of this Section, both of
which are centered around the provision that "the floor flange shall be

set on an approved firm base."' The first interpretation is that the choice
of materials is restricted to a slab on grade, which, according to this
interpretation, is the only slab that constitutes "an approved firm base"
insofar as the use of brass or iron flanges is concerned. The second
interpretation is that the intent of the Section is to permit the choice

of materials ("brass, hard-lead or iron flanges, calked, soldered, or
screwed to the drainage pipe") on slab floors above grade.

As interpreted by Regional Office codes specialists, the purpose of the
Section is to permit the choice of all allowable materials on all floors
constructed in accordance with building code standards, They point out
that any floor of a building constructed in accordance with building code
standards should constitute “an approved firm base" and thus, according to
the Section as now written, the choice of all allowable materials should
apply to any floor so constructed.
-2

In our judgment, the intent, purpose, and correct interpretation of
this Section of Atlanta's Plumbing Code can be clarified by amending
the code to contain a definition of the term "an approved firm base."
A suggested definition is "any base constructed in accordance with
building code specifications."

The Section is identical to Section 606.1 of the 1967 Edition of the
Southern Standard Plumbing Code. It is also identical with Section
P-503.0 of the 1968 Edition of the BOCA Basic Plumbing Code with one
exception. The BOCA Plumbing Code specified a "structurally firm
base" instead of "an approved firm base.'' The Department encourages
the adoption of codes which contain standards comparable to those
contained in nationally recognized model standard codes such as the
Southern Standard and the BOCA codes. Thus Section 114 of the Atlanta
Plumbing Code meets present Departmental standards as to content and
intent if the section is interpreted to permit the choice of allowable
materials on all floors constructed to building code specifications.
Such an interpretation would also make this Section consistent with a
policy of permitting the construction of housing at the lowest possible
cost without lowering reasonable standards of safety and durability.

We trust that our comments on this matter will be of some benefit in
arriving at an interpretation that will be satisfactory to all parties
concerned.

Sincerely yours,

 

Ml We. Tirefelerioa

A. Frederick Smith
Assistant Regional Administrator
Program Coordination &amp; Services Office

cc: Mayor Ivan Allen, Jr.
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                    <text>DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PEACHTREE SEVENTH BUILDING , ATLANTA, GEORGIA 30323
REGION Ill
September 5, 1969
IN REPL Y REFER TO:
3CW
Mr. Dan E. Sweat, Jr.
Chief Administrative Officer
City of Atlanta
City Hall
Atlanta, Georgia 30303
Dear Mr. Sweat:
This will acknowledge your letter dated August 22, 1969, addressed to
Mr. Edward H. Baxter, Regional Administrator, concerntng the interpretation
of Section 114 of the City of Atlanta's Plumbing Code, which reads as
follows:
Sec . 114. Fixture connections between drainage pipes and water
closets , Floor- outlet service sinks, pedestal urinals, and
earthenware trap standards shall be made by means of brass , hardlead . or iron flanges, calked, soldered or screwed to the drainage
pipe . The connection shall be bolted , with an approved gasket
or washer or setting compound between the earthenware and the
connection. The floor flange shall be set on approv~d firm base .
The us e of commercial putty or plaster is prohibited .
Your let t er out lines two opposing interpr e t ations of this Section, both of
which a r e cent e r ed around the pr ovision t hat "the floor flange shall be
set on an appr oved fi rm base . " The first int~rpr etat;:. ion is that the choice
of materia l s i s r es tric t ed to a slab on gr ade , which , acco r ding t o t hi s
interpr e t at ion , i s the on ly slab t hat cons t i tut es "an appr oved f i rm base"
i ns ofar as t he us e of br ass or iron flanges is concerned . The second
interpretation i s th~t t he intent of t he Sectio~ i s t o permi t the choice
of ma teria l s (" br ass , har d- l ead or iron f langes , c a l ked , solder ed , or
s crewed to the dr a inage pi pe" ) on slab floo r s above grade .
As interpret ed by Reg ional Office codes specia lis t s , the purpos e of the
Section i s to permit t he choice of a ll a llowab le mat eria l s on a ll floors
constructed in accordance with buil d ing c ode s t andards. They point out
that any floor of a building cons tructed in accordance with building code
standards should cons titute "an approved firm bas e" and thus, according to
the Section as now written, the choice of all allowable materials should
apply to any floor so constructed.
�-2
In our judgment, the intent, purpose, and correct interpretation of
this Section of Atlanta's Plumbing Code can be clarified by amending
the code to contain a definition of the term "an approved firm base."
A suggested definition is "any base constructed in accordance with
building code specifications."
The Section is identical to Section 606.1 of the 1967 Edition of the
Southern Standard Plumbing Code. It is also identical with Section
P-503.0 of the 1968 Edition of the BOCA Basic Plumbing Code with one
exception. The BOCA Plumbing Code specified a "structurally firm
base" instead of "an approved firm base." The Department encourages
the adoption of codes which contain standards comparable to those
contained in nationally recognized model standard codes such as the
Southern Standard and the BOCA codes. Thus Section 114 of the Atlanta
Plumbing Code meets present Departmental standards as to content and
intent if the section is interpreted to permit the choice of allowable
materials on all floors constructed to building code specifications.
Such an interpretation would also make this Section consistent with a
policy of permitting the construction of housing at the lowest posstble
cost without lowering reasonable standards of safety and durability.
We trust that our comments on this matter will be of some benefit in
·arriving at an interpretation that will be satisfactory to all parties
concerned.
Sincerely yours,
~ A . Frederick Smith
Assistant Regional Administrator
Program Coordination &amp; Services Office
tJ
cc :
Mayor Ivan Allen, Jr.
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=

% PEACHTREE SEVENTH BUILDING, ATLANTA, GEORGIA 30323

Fy,
‘0:

MENT o,

“tn

te Wil“: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(WIM #

o

73430 wt

REGION III September 5, 1969

IN REPLY REFER TO:

3CW

Mr. Dan E. Sweat, Jr.

Chief Administrative Officer
City of Atlanta

City Hall

Atlanta, Georgia 30303

Dear Mr. Sweat:

This will acknowledge your letter dated August 22, 1969, addressed to

Mr, Edward H. Baxter, Regional Administrator, concerning the interpretation
of Section 114 of the City of Atlanta's Plumbing Code, which reads as
follows:

Sec. 114. Fixture connections between drainage pipes and water
closets, Floor-outlet service sinks, pedestal urinals, and
earthenware trap standards shall be made by means of brass, hard-
lead or iron flanges, calked, soldered or screwed to the drainage
pipe. The connection shall be bolted, with an approved gasket

or washer or setting compound between the earthenware and the
connection, The floor flange shall be set on approved firm base.
The use of commercial putty or plaster is prohibited.

Your letter outlines two opposing interpretations of this Section, both of
which are centered around the provision that "the floor flange shall be

set on an approved firm base." The first interpretation is that the choice
of materials is restricted to a slab on grade, which, according to this
interpretation, is the only slab that constitutes "an approved firm base"
insofar as the use of brass or iron flanges is concerned. The second
interpretation is that the intent of the Section is to permit the choice

of materials ("brass, hard-lead or iron flanges, calked, soldered, or
screwed to the drainage pipe") on slab floors above grade.

As interpreted by Regional Office codes specialists, the purpose of the
Section is to permit the choice of all allowable materials on all floors
constructed in accordance with building code standards. They point out
that any floor of a building constructed in accordance with building code
standards should constitute "an approved firm base" and thus, according to
the Section as now written, the choice of all allowable materials should
apply to any floor so constructed.
-2

In our judgment, the intent, purpose, and correct interpretation of
this Section of Atlanta's Plumbing Code can be clarified by amending
the code to contain a definition of the term "an approved firm base."
A suggested definition is "any base constructed in accordance with
building code specifications."

The Section is identical to Section 606.1 of the 1967 Edition of the
Southern Standard Plumbing Code. It is also identical with Section
P-503.0 of the 1968 Edition of the BOCA Basic Plumbing Code with one
exception. The BOCA Plumbing Code specified a "structurally firm
base" instead of "an approved firm base."' The Department encourages
the adoption of codes which contain standards comparable to those
contained in nationally recognized model standard codes such as the
Southern Standard and the BOCA codes. Thus Section 114 of the Atlanta
Plumbing Code meets present Departmental standards as to content and
intent if the section is interpreted to permit the choice of allowable
materials on all floors constructed to building code specifications.
Such an interpretation would also make this Section consistent with a
policy of permitting the construction of housing at the lowest possible
cost without lowering reasonable standards of safety and durability.

We trust that our comments on this matter will be of some benefit in
arriving at an interpretation that will be satisfactory to all parties
concerned.

Sincerely yours,

Tol le Tre filo Sa

As ae Smith
Assistant Regional Administrator
Program Coordination &amp; Services Office

ec: Mayor Ivan Allen, Jr.
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                    <text>•
.'
NALL, MILLER. CADENHEAD
&amp; DENNIS
ATTORNEYS AT LAW
SAMUEL A . MILLER
A . PAUL CADENHEAD
DOUGLAS DENNIS
J ·AMES W . DORSEY
EDWARD $. WHITE
HAMILTON DOUGLAS
DONALD M . FAIN
2400 NATIONAL BANK OF GEORGIA BUILDING
ATLANTA . GEORGIA
A . WALTON NALL
THEODORE G. FRANKEL
M ORTYN K. ZIETZ
MICHAEL D . ALEM!IJK
September 4, 1969
R08ERT E. CORRY, JR .
GERALD A , FRIEDLANDER
DENNIS J . WEBB
THOMAS S. CARLOCK
BAXTER L , DAVIS
COUNSEL
30303
(404) 522-2200
·
PRICE S . WILLIAMS, JR.
JON 0 . FULLERTON
LOWELL S. FINE
RONNIE L. QUIGLEY
Mr. George Cotsakis
150 Ottley Drive, • E.
Atlanta, Georgi 30324
Interpr t t1on ot Section 114
ot At1anta Plumbing Cod
Re:
Der Mr. Cots k1:
On
April 16 1 1969 I
rote to you about a probl m
involving Section 114 of the Atlan.t a Plumbing Code 1n
hi:h
s ver 1 client ot our are inter t d. The purpose of that
1 tter wa tor quest an opportunity to be he rd on th merit
ot ny chang or revision of the exi ting ordin nc • You
r pl1 d very pro ptly to my 1 tt r
d er kind enough to ay
th t I would be notified ot ny
ting h ld by the Building
Co · itt e to con id r any proposed ch ng sin th t ection of
th
Cod •
Ast r as I know, ther has be n no ettort to chang
existing ordinance, but th probl
regarding it correct
int rpr t t1on and enforc ent h
not b
olv d. B c ntly,
I di cussed the
tter 1th Mr. D n Sw t, Chi r A 1n1atr tive
Ottic rot th City, in th hop th t this probl
talle within
hi jurisdiction and that he 1 in po 1t1on to s .1 t 1n re chin
olution. I look torward to h r1n tr
h
in th n t
twdy.
th
Thi 1• to repeat the r qu t
tout in
letter
pril 16th r ardin notic and an opportunity to · e b r
1n th
v nt ot a propo .1 to odity Sect i on 114. If it urn
out that tbi probl
cannot b
olv 4 a
n a 1n11tr tiv
level, I will be r tetul tor an opportunity to diecusa the
tter with you and obt 1n your guid nc · nd dvic •
ot
c:
.•
Mr. D
•
t
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              <text>Set ee

a

— — Cae Se ae

NALL, MILLER, CADENHEAD &amp; DENNIS

SAMUEL A. MILLER ATTORNEYS AT LAW

A. PAUL CADENHEAD
6s TAL CACENHE 2400 NATIONAL BANK OF GEORGIA BUILDING me
JAMES W. DORSEY
EDWARD: s; WHite ATLANTA, GEORGIA 30303
HAMILTON DOUGLAS
DONALD M. FAIN A. WALTON NALL
THEODORE G. FRANKEL
MICHAEL D. ALEMBIK MORTYN K. ZIETZ
ROBERT E. CORRY, JR.
GERALD A, FRIEDLANDER September 4 &gt; 1969 =
DENNIS J. WEBB

(404) 522-2200

THOMAS S. CARLOCK
BAXTER L. DAVIS -
PRICE S. WILLIAMS, JR.
JON 0, FULLERTON
LOWELL 5S. FINE
RONNIE L. QUIGLEY

Mr. George Cotsakis
150 Ottley Drive, N. E.
Atlanta, Georgia 30324

Re: Interpretation of Section 114
of Atlanta Plumbing Code

Dear Mr. Cotsakis:

On April 16, 1969 I wrote to you about a problem
involving Section 114 of the Atlanta Plumbing Code in which
several clients of ours are interested. The purpose of that
letter was to request an opportunity to be heard on the merits
of any change or revision of the existing ordinance. You
replied very promptly to my letter and were kind enough to say
that I would be notified of any meeting held by the Building
Committee to consider any proposed changes in that section of
the Code.

As far as I know, there has been no effort to change
the existing ordinance, but the problem regarding its correct
interpretation and enforcement has not been solved. Recently,
I discussed the matter with Mr. Dan Sweat, Chief Administrative
Officer of the City, in the hope that this problem falls within
his jurisdiction and that he is in position to assist in reach-
ing eee I look forward to hearing from him in the next

ew ye. ’

This is to repeat the request set out in my letter
of April 16th regarding notice and an opportunity to be heard
in the event of a postest to modify Section 114. If it turns
out that this problem cannot be solved on an administrative
level, I will be grateful for an opportunity to discuss the
matter with you and obtain your guidance and advice.

Sincerely yours,

S. White

ESW: erm
ec: Mr. Dan E. Sweat
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                    <text>.August 22, 1969
Mr. Edward H. Baxter, Regional .Administrator
Department of Housing and Urban Development
Room 645, Peachtree-Seventh Building
Atlanta, Georgia 30 323
Dear Mr. Baxter:
A question has arisen :reg arding the correct interpretation of Section 114 of
Atlanta's Official Plumbing Code.
Prior to December 20, 1966, Section 11 4 required the e xclu s ive use of wiped
lead s tubs for floor o u tlet water clo se t s and urinals. At about that time HUD
m ade a s tudy of the P l umbing Code a nd in the inte r es t of moderni z ation
recornmenci e d tha t t he C ity arne nd n umer ous p r uvi ~i on:.1, incluJlng S e ction 114 .
1 ha v e been inform.ed that the revision of Section 114 recommended by HUD
follo we d verba t im the co rres ponding provi s ion of the Southern Standard
Plumbing Code. As Mn.end e d , S e ction 114 1·eads a s follows:
Sec . 114 . Fixtu r e conne ction s between dr a inag e pipes a nd
wa te r clo sets , F l oor• outlet service sink s , pedesta l ur i nal s ,
a nd ea rthenwa r e t rap standa rds s hall b e m a de by m e ans of
brass , hard-lea d o r i r on fla n ges , call&lt;:. ed ,- solde r ed or
s c rewe d t o the drainage pip e . The c onne c tion shall b e
b ol ted , with an approved ga s ke t or wa s he r o r se t ting
compou nd between the e a r the n war e and t he conne ction. The
use of commercial putty o r p l a s ter is prohibited .
Since Section 114 provides that "the fl o or flange shall be set on an approved
firm base", one contention is that the choice of "brass, hard-lead or iron
flanges, calked, soldered 0 or screwed to the drainage pipe" applies only
to a slab on grade, which constitutes "an approved firm base" . Under that
theory Section 114 does not permit a choice of the three materials on floors
above a slab on grade because such other floors do not necessarily constitute
"an approved firm base 11 •
Under that view of Section 114 it would b'e permissible to restrict such joints
on floors above slab on grade to wiped lead stubs.
�I
Mr. Edwa1·d H. Baxter
Page 2
August 22, 1969
The opposing interpretation is that the purpose of the amendment of Section 114
in Decein'lber, 1966, was t o permit the choice of "brass, hard-lead or iron
flanges, calked, soldered, or screwed to the draiuage pipe" and that the express
language of the Section is s uch as to permit such choice. Under that construction the phrase "an approved firm base" applies equally to all of the materials
and not just to those other than lead.
The question bas, thel'e!ore, been raised as to whether, under Section 114,
the engineer or plumbing contractor is restricted on floors above s lab on
grade to wi ped l ead stubs 01· has a choice on such floor s of u s ing "brass ,
hard-lea d or iron flanges , calked, soldered or scr e wed to the drainage pipe".
Since HUD was instrumental in bring about the enactment of Section 114 in
its present form. the City would like to know what HUD regards as the correct
answer to that question.
In addition to the correct interpretation of Section 114, it will be helpful if
HUD will expeess its judment as to what the c ode ought to provide on th.is
point, entirely apart from the present l anguage of Section 114 , in o rder to
enc or.rage the construction of low-:1.·ent, low-cost housing without lowedng
reasonable standards of safety and durability.
Your help on these matters will b e very much appreciated.
Sincere ly,
Dan E . Sweat, Jr.
Chief .Administrative Officer
DESJr:Je
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              <text>August 22, 1969

Mr. Edward H. Baxter, Regional Administrator
Department of Housing and Urban Development
Room 645, Peachtree-Seventh Building

Atlanta, Georgia 30323

Dear Mr. Baxter:

A question has arisen regarding the correct interpretation of Section il4 of
Atlanta's Official Plumbing Code.

Prior to December 20, 1966, Section 114 required the exclusive use of wiped
lead stubs for floor outlet water closets and urinals. At about that time HUD
made a study of the Plumbing Code and in the interest of modernization
recommended that the City amend numerous provisions, including Section 114.

I have been informed that the revision of Section N4 recommended by HUD
followed verbatim the corresponding provision of the Southern Standard
Plumbing Code. As ®mended, Section 114 reads as follows:

Sec. ll4. Fixture connections between drainage pipes and
water closets, Floor-outlet service sinks, pedestal urinals,
and earthenware trap standards shall be made by means of
brass, hard-lead or iron flanges, calked, soldered or
screwed to the drainage pipe. The connection shall be
bolted, with an approved gasket or washer or setting
compound between the earthenware and the connection. The
use of commercial putty or plaster is prohbbited.

Since Section 114 provides that the floor flange shall be set on an approved
firm base", one contention is that the choice of "brass, hard-lead or iron
flanges, calked, soldered, or screwed to the drainage pipe'' applies only

to a slab on grade, which constitutes ''an approved firm base", Under that
theory Section 114 does not permit a choice of the three materials on iloors
above a slab on grade because such other floors do not necessarily constitute
"an approved firm base",

Under that view of Section 114 it would be permissible to restrict such joints
on floors above slab on grade to wiped lead stubs,
Mr. Edward H. Baxter
Page 2
August 22, 1969

The opposing interprefation is that the purpose of the amendment of Section 114
in December, 1966, was to permit the choice of "brass, hard-lead or iron
flanges, calked, soldered, or screwed to the drainage pipe" and that the express
language of the Section is such as to permit such choice. Under that construc-
tion the phrase "an approved firm base'' applies equally to all of the materials
and not just to those other than lead.

The question has, therefore, been raised as to whether, under Section li4,

the engineer or plumbing contractor is restricted on floors above slab on
grade to wiped lead stube or has a choice on such floors of using “brass,
hard-lead or iron flanges, calked, soldered or screwed to the drainage pipe".
Since HUD was instrumental in bring about the enactment of Section 114 in

its present form, the City would like to know what HUD regards as the correct
answer to that queation,

In addition to the correct interpretation of Section 114, it will be helpful if
HUD will expeess its judment as to what the code ought to provide on this

point, entirely apart from the present language of Section ll4, in order to
enconrage the construction of low-rent, low-cost housing without lowering
reasonable standards of safety and durability.

Your help on these matters will be very much appreciated.

Sincerely,

Dan E. Sweat, Jr.
Chief Administrative Officer

DESJr sje
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                    <text>.August 22, 1969
M r. Edwar d H. Bax t er , Re g ional A dministra tor
D epar tment of Hou s ing and Urban D e velopme nt
R oom 64 5, P e achtre e - S eventh Building
Atlanta , Georg ia 3032 3
Dea r M r. Baxter:
A que s tion h a s aris e n r e ga rding th e correct inte rpretation of Section 114 of
Atla nta ' a Officia l P l u m b ing Code.
Prior to Dec e mber 20 , 19 66, Sectio n 114 requir e d the exclus ive u se of wi p ed
l ead s tub s for fl o or o u tl e t wa t e r clo se t s and u r ina ls . A t ab out tha t time HUD
mad e a study of the P l umb i n g C ode and i n t he int erest of m oderniz ation
r e comme nde d th a t the City anu~nd n umer ous p r ovi tduu l:i , iuduJlng S ec tion. 114 .
I ha ve b een informe d that th e revision of Section 114 r e comm e nde d by H UD
f o ll ow ed v e rbatin 1 the correspond i ng provi s ion of the S outhe r n Sta ndard
Plumbing C ode . As htne n ded , Se ction 114 1·ead s a s foll owa :
Sec. 114 . Fixtur e conne cti on s between d ra i nage p ipe s and
water closets , F loo r- o u tl et se rvice sinks , p e destal urina l s,
and earthenware t rap standard s s h a ll be made by m ean s of
brass , hard- l ead o r i ron flanges , c a l ked, s olde1· ed or
screwed t o the dra i nage pipe . The c onnec t ion shall be
bolted, w i th an appr o ved gaske t or washe r or set tin g
compound between the e a rthenware a nd the conne ction. T he
use of commercial putty or plaster is prohtbited.
Since Section 114 provides that "the floor flange shall be set on an approved
firm base", one contention is that the choice of " b1•ass, hard-lead or iron
flanges, calked, soldered, or screwed to the drainage pipe" applies only
to a slab on grade , which constitutes "an appr o ved firm base". Under that
theory Section 114 does not permit a choice of the three materials on iloors
abovEl a slab on grade because such other floors do not necessarily constitute
"an approved firm base ".
Under that view of Section 114 it would be permissible to restrict such joints
on floors above slab on grade to wiped lead stubs.
�i
Mr. Edward H. Baxter
Page 2
.August 22, 1969
The opposing interpreQaa.tion is that the purpose o! the amendn1ent of Section 114
in December, 1966, was to permit the choice of "brass , hard-lead or iron
flanges, calked, s oldered, or screwed to the drainage pipe" and that the express
language ot. the Section is such as to permit such choice. Under that construc-tion the phrase "an approved firm base applies equally to all of the materia ls
and not just to those othe r than lead.
The question bas, the1·efore, been raised as to whether, under Section 114 ,
the engineer or plumbing contractor is restricted on floors above s lab on
grade to wiped l ead stub2 or has a choice on such floo rs of using "brass,
hard- l ead or iron flanges, c alked·, soldered o r ac1·ewed to the drainage pipe".
Since HUD was iustrwnontal in bring a bout the e n actment of Section 114 in
its present form, the City w ould like to know what HUD regards as the cor rect
answer to that question.
In addition to the correct interpretation of Sec tion U4, it will be he lpful if
HUD will expcees its judment as to what the code ought to provide on this
point,· entirely apart from the present language of Section 114, in order to
gnconrage the construction of low- 1·ent, low-cost housillg without lowering
reasonable standards 0£ safety and dura bility.
Your help on these matters \trill be very rnuch appreciated.
Sincerely,
Dan E. Sweat, Jr.
Chief Administrative Of!icer
DESJr:Je
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              <text>Hud

August 22, 1969

Mr. Edward H. Baxter, Regional Administrator
Department of Housing and Urban Development
Room 645, Peachtree-Seventh Building

Atlanta, Georgia 30323

Dear Mr. Baxter:

A question has arisen regarding the correct interpretation of Section 114 of
Atlanta's Official Plumbing Code.

Prior to December 20, 1966, Section 114 required the exclusive use of wiped
lead stubs for floor outlet water closets and urinals. At about that time HUD
made a study of the Plumbing Code and in the interest of modernization
recommended that the City amend numerous provisions, iucluding Section 114,

I have been informed that the revision of Section ll4 recommended by HUD
followed verbatim the corresponding provision of the Southern Standard
Plumbing Code. As @inended, Section ll4 reads as follows:

Sec. ll4. Fixture connections between drainage pipes and
water closets, Floor-outlet service sinks, pedestal urinals,
and earthenware trap standards shall be made by means of
brass, hard-lead or iron flanges, calked, soldered or
screwed to the drainage pipe. The connection shall be
bolted, with an approved gasket or washer or setting
compound between the earthenware and the connection. The
use of commercial putty or plaster is prohtkbited.

Since Section 114 provides that "the floor flange shall be set on an approved
firm base'', one contenticn is that the choice of "brass, hard-lead or iron
flanges, calked, soldered, or screwed to the drainage pipe" applies only

to a slab on grade, which constitutes "an approved firm base". Under that
theory Section 114 does not permit a choice of the three materials on iloors
above a slab on grade because such other floors do not necessarily constitute
“an approved firm base".

Under that view of Section 114 it would be permissibie to restrict such joints
on floors above slab on grade to wiped lead stubs.
Mr. Edward H. Baxter
Page 2
August 22, 1969

The opposing interpreéation is that the purpose of the amendment of Section 114
in December, 1966, was to permit the choice of "brass, hard-lead or iron
flanges, calked, soldered, or screwed to the drainage pipe" and that the express
language of the Section is such as to permit such choice. Under that construc-
tion the phrase "an approved firm base'! applies equally to all of the materials
and not just to those other than lead.

The question has, therefore, been raised as to whether, under Section 114,

the engineer or plumbing contractor is restricted on floors above slab on
grade to wiped lead stubs or has a choice on such floors of using “brass,
hard-lead or iron flanges, calked, soldered or screwed to the drainage pipe".
Since HUD was instrumental in bring about the enactment of Section 114 in

its present form, the City would like to know what HUD regards as the correct
answer to that question.

In addition to the correct interpretation of Section 114, it will be helpful if
HUD will expeess its judment as to what the code ought to provide on this

point, entirely apart from the present language of Section li4, in order to
encourage the construction of lowerent, low-cost housing without lowering
reasonable standards of safety and durability.

Your help on these matters will be very much appreciated.

Sincerely,

Dan E. Sweat, Jr.
Chief Administrative Officer

DESIr sje
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                    <text>August 22. 1969
Mr. Edward H. Baxter. Regional .Administrator
Department of Housing and Urban Development
Room 645. Peachtree-Seventh Building
Atlanta, Georgia 30323
Dear Mr. Baxter:
A question has arisen re gar ding the correct interpretation of Section 114 of
Atlanta's Officia l Plumbing Code.
Prior to December 20, 1966, Section 114 required the exclusive use of wiped
lead stubs for floor outlet water clos e ts and urinals. At about that time HUD
m a de a study of t he Plumbing Code and in the interest of modernization
recommended that the City am end numerous p r o visions , including S e ctiur"i ll~.
I ha ve been informed that the revision of Section 114 recommended by HUD
follo wed verbatim th e corresponding provisi on of the Southern Standard
Plumbing Code. As Mn.ended, Section 114 reads as follows:
Sec. 114 . Fixture connections between drainage pipe s and
water clo sets , F loor •- out l et service sinks, pedestal urinals,
and ear taenware trap standards s h a ll be made by m eans of
bras s, har d-lead or iron flanges , ca lked, soldered o r
screwed to the drainage pipe. The connection shall be
bolted, with a n approved gaske t o r washer or s etting
compound between the earthenware and the conne ction. The
use of comme1·cial putty or plaster i s prohibited.
Since Section 114 provides that "the floor flange shall be se t on an approved
firm base 11 , one contention is that the choice of "braes, hard-lead or iron
flanges, calked, soldered. or screwed to the drainage pipe" applies only
to a slab on grade, which constitutes "an approved firm base" . Under that
theory Section 114 does not permit a choice of the three materials on iloors
above a slab on grade because such othe1· floors do not necessarily constitute
"an approved firm base".
Under that view of Section 114 it would be permissible to restrict such joints
on floors above slab on grade to wiped lead stubs.
�Mr. Edward H. Baxter
l?agc 2
Aug ust 2Z, 1969
The opposing interpretation ·1s that the purpose uf the amendment of Section 114
in Decen-iber, 1966, was to permit the choice of "brass, hard-lead or iron
flanges , c alked, solder ed, or screwed to the d rainage pipe" and that the expreGs
l anguage o! the Se ction is such as to permit such choice. Under that construction the phrase "an approve d firm base" a pplies equally to a ll of the materials
and not juat to tho se other th.an l ead.
The question has, therefore, been raised as to whether, under Section 114,
the engineer o r plumbing contractor i3 restricted on floors above s lab on
grade to wiped lead stubs or has a c h oice on such floors of u sing "bra ss,
h a rd-lead or iron flan ges , c alked , soldere d or screwed to the drainag e pipe".
Since HUD was instrumental in bring a bout the enactment of Section 114 in
its present !orm, the City would like to know what H UD regards as the corre ct
answer to that question.
In addition to the correct interpretati on of Sec tion 114, it will be helpful if
HUD will e xp ess its judment as to ;vhat the code ought to pr ovide on tnia
pQ.int, entirely apart from the present language of Se ction 114, in order to
enconra.ge the cons truction of low-i·ent, low-cost hou iug wi thout lowering
reasonable standards 0£ safety and durability.
Your help on th~se matters will be very much appreciated.
Sincerely,
Dan E . Sweat. Jre
Chief Administr tive Officer
DESJr :je
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              <text>August 22, 1969

Mr. Edward H. Baxter, Regional Administrator
Department of Housing and Urban Development
Room 645, Peachtree-Seventh Building

Atlanta, Georgia 30323

Dear Mr. Baxter:

A question has arisen regarding the correct interpretation of Section 114 of
Atlanta's Official Plumbing Code.

Prior to December 20), 1966, Section 114 required the exclusive use of wiped
lead stubs for floor outlet water closets and urinals, At about that time HUD
made a study of the Plumbing Code and in the interest of modernization
recommended that the City amend numerous provisions, including Section 114,

Ihave been informed that the revision of Section 14 recommended by HUD
followed verbatim the corresponding provision of the Southern Standard
Plumbing Code. As ixtmended, Section 114 reads as follows:

Sec. ll4. Fixture connections between drainage pipes and
water closets, Floor-outlet service sinks, pedestal urinals,
and earthenware trap standards shall be made by means of
brass, hard-lead or iron flanges, calked, goldered or
screwed to the drainage pipe. The connection shall he
bolted, with an approved gasket or washer or setting
compound between the earthenware and the connection. The
use of commercial putty or plaster is prohbbited,

Since Section 114 provides that "the floor flange shall be set on an approved
firm base", one contention is that the choice of "brass, hard-lead or iron
flanges, calked, soldered, or screwed to the drainage pipe" applies only

to a slab on grade, which constitutes "an approved firm base", Under that
theory Section 114 does not permit a choice of the three materials on iloors
above a slab on grade because such other floors do not necessarily constitute
"an approved firm base"'.

Under that view of Section 114 it would be permissible to restrict such joints
on floors above slab on grade to wiped lead stubs.
Mr. Edward H. Baxter
Page 2
August 22, 1969

The opposing interprefation is that the purpose of the amendment of Section 114
in December, 1966, was to permit the choice of "brass, hard-lead or iron
flanges, calked, soldered, or screwed to the drainage pipe" and that the express
language of the Section is such as to permit such choice, Under that construc-
tion the phrase "an approved firm base" applies equally to all of the materials
and not just to those cther than lead.

The question has, therefore, been raised as to whether, under Section 114,

the engineer or plumbing contractor is restricted on floors above slab on
grade to wiped lead stubs or has a choice on such floors of using "brags,
hard-lead or iron flanges, calked, soldered or screwed to the drainage pipe".
Since HUD was instrumental in bring about the enactment of Section 114 in

its present form, the City would like to know what HUD regards as the correct
answer to that question.

In addition to the correct interpretation of Section 114, it will be helpful if
HUD will expeess its judment as to what the code ought to provide on this

point, entirely apart from the present language of Section 114, in order to
encourege the construction of low-rent, low-cost housing without lowering
reasonable standards of safety and durability.

Your help on these matters will be very much appreciated.

Sincerely,

Dan E. Sweat, Jr.
Chief Administrative Officer

DESJr :je
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