25-1-1. Making available dynamite caps or like devices to minors; criminal and civil penalties.

1. Any person, firm, or corporation who sells, gives, or otherwise makes available any dynamite cap or other similar device to a minor shall be guilty of a misdemeanor.
2. In addition to the punishment provided in subsection (a) of this Code section, the license or permit to engage in the business of dealing in or to sell explosives of any person, firm, or corporation convicted of violating subsection (a) of this Code section shall automatically stand revoked and shall be null and void.

   (Ga. L. 1958, p. 306, §§ 1, 2.)

25-2-1. "Commissioner" defined.

As used in this chapter, the term "Commissioner" means the Safety Fire Commissioner.

25-2-2. Safety Fire Commissioner - Office created.

The office of Safety Fire Commissioner is created. The Commissioner of Insurance shall be the Safety Fire Commissioner.

(Ga. L. 1949, p. 1057, § 1; Ga. L. 1950, p. 320, § 1; Ga. L. 1986, p. 855, § 9.)

25-2-3. Safety Fire Commissioner - Duties and responsibilities generally; delegation of powers.

Except as provided in Code Section 25-2-12, the Commissioner is charged with the duties and chief responsibility for the enforcement of this chapter. He may, consistent with this chapter, delegate to the officers and employees appointed under this chapter such duties and powers as in his discretion he shall deem necessary or advisable for the proper enforcement of this chapter and shall have full supervision and control over such officers and employees in the performance of their duties or in the exercise of any powers granted to such officers and employees by him or by this chapter. Except as provided in Code Section 25-2-12, the Commissioner shall be the final authority in all matters relating to the interpretation and enforcement of this chapter, except insofar as his orders may be reversed or modified by the courts.

(Ga. L. 1949, p. 1057, § 2; Ga. L. 1981, p. 1779, § 1.)

Cross references. - Manufactured homes generally, § 8-2-130 et seq.

25-2-4. Safety Fire Commissioner - Adoption of rules and regulations.

The Commissioner shall adopt such rules and regulations as he deems necessary to promote the enforcement of this chapter. Such rules and regulations shall have the force and effect of law and shall have state-wide application as being the state minimum fire safety standards and shall not require adoption by a municipality or county. The governing authority of any municipality or county in this state is authorized to enforce the state minimum fire safety standards on all buildings and structures except one-family and two-family dwellings and those buildings and structures listed in Code Section 25-2-13. All other applications of the state minimum fire safety standards and fees are specified in Code Sections 25-2-4.1, 25-2-12, and 25-2-12.1. Before the Commissioner shall adopt as a part of his rules and regulations for the enforcement of this chapter any of the principles of the various codes referred to in this chapter, he shall first consider and approve them as reasonably suitable for the enforcement of this chapter. Not less than 15 days before any rules and regulations are promulgated, a public hearing shall be held. Notice of the hearing shall be advertised in a newspaper of general circulation.

(Ga. L. 1949, p. 1057, § 3; Ga. L. 1992, p. 2186, § 1.)

Cross references. - Complying with filing and hearing requirements by Safety Fire Commissioner and Commissioner of Insurance, § 50-13-21 .

Administrative Rules and Regulations. - Rules of Practice and Procedure, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Chapter 120-3-2.

Rules and Regulations for the State Minimum Fire Safety Standards, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Chapter 130-3-3.

25-2-4.1. Safety Fire Commissioner - Fees and charges.

1. The Commissioner is authorized to assess and collect, and persons so assessed shall pay in advance to the Commissioner, fees and charges under this chapter as follows:          (1) New anhydrous ammonia permit for storage in bulk (more than 2,000 gallons aggregate capacity) for sale or distribution one-time fee ..$  150.00          (2) Annual license for manufacture of explosives other than fireworks ..150.00          (3) Annual license for manufacture, storage, or transport of fireworks ..1,500.00          (4) Carnival license ..150.00          (5) Certificate of occupancy ..100.00          (6) Construction plan review:           (A) Bulk storage construction ..150.00           (B) Building construction, 10,000 square feet or less ..150.00           (C) Building  construction, more than 10,000 square               feet ...015                                                               per square foot            (D) Other construction ..150.00          (7) Fire sprinkler contractor certificate of competency ..150.00          (8) Liquefied petroleum gas storage license:           (A) 2,000 gallons or less ..150.00           (B) More than 2,000 gallons ..600.00               (9) Building construction inspection:           (A) 80 percent completion, 100 percent completion, annual, and first follow-up ..none           (B) Second follow-up ..150.00           (C) Third and each subsequent follow-up ..220.00          (10) Purchase, storage, sale, transport, or use of explosives other than fireworks:           (A) 500 pounds or less ..75.00           (B) More than 500 pounds ..150.00          (11) New self-service gasoline station permit one-time fee ..150.00          (12) New permit to dispense compressed natural gas (CNG) for vehicular fuel one-time fee ..150.00
2. The licenses and permits for which fees or charges are required pursuant to this Code section shall not be transferable.  A new license or permit and fee are required upon change of ownership. (Code 1981, § 25-2-4.1 , enacted by Ga. L. 1992, p. 2725, § 4; Ga. L. 1993, p. 448, § 1; Ga. L. 2010, p. 9, § 1-50/HB 1055.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, a hyphen was inserted between "one" and "time" in paragraph (11).

25-2-5. State fire marshal - Appointment; qualifications; salary.

The Commissioner shall appoint a state fire marshal. Qualifications for appointment as state fire marshal shall be previous training and experience in endeavors similar to those prescribed in this chapter. The Commissioner shall fix the salary of the state fire marshal.

(Ga. L. 1949, p. 1057, § 4.)

25-2-6. State fire marshal; head of Safety Fire Division.

The Safety Fire Division of the office of the Commissioner of Insurance shall be headed by the state fire marshal appointed by the Commissioner.

(Ga. L. 1972, p. 1015, § 2; Ga. L. 1986, p. 855, § 10; Ga. L. 2015, p. 5, § 25/HB 90.)

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "office of the Commissioner" for "office of Commissioner" in this Code section.

25-2-7. Appointment process of deputy state fire marshal and other personnel.

The state fire marshal, subject to the approval of the Commissioner, shall appoint a deputy state fire marshal and administrative fire safety specialists and shall employ such office personnel as may be required to carry out this chapter. The deputy state fire marshal and administrative fire safety specialists shall be chosen by virtue of their previous training and experience in the particular duties which shall be assigned to them. They shall take an oath to perform faithfully the duties of their office.

(Ga. L. 1949, p. 1057, § 5; Ga. L. 1981, p. 1779, § 2.)

25-2-8. Payment of transportation, etc., expenses of employees in state fire marshal's office.

All state employees connected with the state fire marshal's office shall be allowed subsistence, lodging, and other expenses in connection with the execution of their duties when away from their headquarters. Transportation for such employees shall be paid at the mileage rate fixed by law for other state employees.

(Ga. L. 1949, p. 1057, § 27.)

Cross references. - Mileage, actual travel expenses for state officials and employees, and reimbursement, § 50-19-7 .

25-2-9. Authority of fire marshal and employees to investigate cause and origin of fires; power to arrest.

1. Upon the request of the sheriff of the county, the chief of police of the jurisdiction, the district attorney of the judicial circuit, or a local fire official, the state fire marshal and any employees of such official shall have the authority to investigate the cause and origin of any fire which occurred in said county, jurisdiction, or judicial circuit.
2. Personnel employed and authorized by the state fire marshal shall have the power to make arrests for criminal violations established as a result of investigations. Such personnel must hold certification as a peace officer from the Georgia Peace Officer Standards and Training Council and shall have the power to execute arrest warrants and search warrants for criminal violations and to arrest, upon probable cause and without warrant, any person found violating any of the provisions of applicable criminal laws. Authorized personnel empowered to make arrests pursuant to this Code section shall be empowered to carry firearms as authorized by the state fire marshal in the performance of their duties. It shall be unlawful for any person to resist an arrest authorized by this Code section or to interfere in any manner, including abetting or assisting such resistance or interference, with personnel employed by the state fire marshal in the duties imposed upon such personnel by law.

   (Ga. L. 1963, p. 509, § 1; Ga. L. 1972, p. 966, § 1; Ga. L. 2003, p. 331, § 1.)

Cross references. - Obstructing or hindering law enforcement officers, § 16-10-24 .

25-2-10. Appeal from rulings of state fire marshal to Commissioner; appeal from Commissioner to superior court; bond.

Should any person, firm, corporation, or public entity be dissatisfied with any ruling or decision of the state fire marshal, the right is granted to appeal within ten days to the Commissioner. If the person, firm, corporation, or public entity is dissatisfied with the decision of the Commissioner, appeal is authorized to the superior court within 30 days in the manner provided under Chapter 13 of Title 50. In the event of such appeal, the person, firm, corporation, or public entity shall give a surety bond which will be conditioned upon compliance with the order and direction of the state fire marshal or the Commissioner or both. The amount of bond shall be fixed by the Commissioner in such amount as will reasonably cover the order issued by the Commissioner or the state fire marshal or both.

(Ga. L. 1949, p. 1057, § 29; Ga. L. 1959, p. 50, § 2; Ga. L. 1972, p. 894, § 1.)

25-2-11. Local inspections - Duty of cities and counties generally; assistance of cities and counties by state fire marshal.

Reserved. Repealed by Ga. L. 1981, p. 1779, § 8, effective April 1, 1982.

Editor's notes. - Ga. L. 2013, p. 141, § 25/HB 79, reserved the designation of this Code section, effective April 24, 2013.

25-2-12. Adoption of state fire safety standards and enforcement; investigations; excuse from compliance with standards; interpretation of standards and granting variances therefrom by Commissioner.

1. 1. The county governing authority in any county having a population of 100,000 or more, and the municipal governing authority in any municipality having a population of 45,000 or more, each as determined by the most recent decennial census published by the United States Bureau of the Census, and those municipalities pursuant to subsection (b) of this Code section shall adopt the state minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this chapter, including all subsequent revisions thereof.
   2. With respect to those buildings and structures listed in Code Section 25-2-13, except for hospitals, nursing homes, jails, ambulatory health care centers, and penal institutions and except for buildings and structures which are owned and operated or occupied by the state, every such local governing authority shall be responsible for enforcing such fire safety standards within its jurisdiction and shall:
      1. Conduct fire safety inspections of existing buildings and structures;
      2. Review plans and specifications for proposed buildings and structures, issue building permits when plans are approved, and conduct fire safety inspections of such buildings and structures; and
      3. Issue permanent and temporary certificates of occupancy.
   3. Nothing in this subsection shall be construed so as to prohibit fire service personnel of any such local governing authority from making inspections of any state owned and operated or occupied building or structure listed in Code Section 25-2-13 and from filing reports of such inspections with the office of the Commissioner.
   4. Nothing in this subsection shall be construed so as to place upon any municipality, county, or any officer or employee thereof, the responsibility to take enforcement action regarding any existing building or structure listed in Code Section 25-2-13, if such building or structure was granted a certificate of occupancy pursuant to a waiver granted prior to January 1, 1982, and which was granted pursuant to the recommendation of the engineering staff over the objection of the local authority having jurisdiction.
   5. Every such local governing authority shall have the authority to charge and retain appropriate fees for performing the duties required in subparagraphs (A) and (B) of paragraph (2) of this subsection. In cases where the governing authority of a municipality enforcing fire safety standards pursuant to this subsection contracts for the enforcement of fire safety standards, any municipal or county office or authority providing such enforcement shall not charge fees in excess of those charged in its own political subdivision for such enforcement.
   6. Every such local governing authority shall be responsible for investigating all cases of arson and other suspected incendiary fires within its jurisdiction, shall have the duties and powers authorized by Code Sections 25-2-27, 25-2-28, and 25-2-29 in carrying out such responsibility, and shall submit quarterly reports to the state fire marshal containing fire-loss data regarding all fires within its jurisdiction. The state fire marshal shall have the authority to initiate any arson investigation upon request of any such local governing authority and he shall provide assistance to the requesting authority regarding any of the duties and responsibilities required by this paragraph.
   7. No such local governing authority shall have the authority to grant any waiver or variance which would excuse any building, structure, or proposed plans for buildings or structures from compliance with the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter.
2. Municipalities having a population of less than 45,000 as determined by the most recent decennial census published by the United States Bureau of the Census may adopt the state minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this chapter, including all subsequent revisions thereof. The municipal governing authority shall indicate its intention to adopt and enforce the state minimum fire safety standards by forwarding a resolution so indicating to the Commissioner. The municipality shall then adopt and enforce the state minimum fire safety standards as set forth in subsection (a) of this Code section.
3. With respect to those buildings and structures listed in Code Section 25-2-13, in jurisdictions other than those jurisdictions covered under subsection (a) of this Code section, and with respect to every such hospital and every such building and structure owned and operated or occupied by the state, wherever located, the office of the Commissioner shall perform those duties specified in paragraph (2) of subsection (a) of this Code section and shall perform all other duties required by this chapter.
4. Except as specifically stated in this Code section, nothing in this Code section shall reduce or avoid the duties and responsibilities of the office of the Commissioner or the state fire marshal imposed by other Code sections of this chapter, other provisions of this Code, or any existing contract or agreement and all renewals thereof between the office of the Commissioner or the state fire marshal and any other state or federal government agency. Nothing in this Code section shall prohibit the office of the Commissioner, state fire marshal, or any local governing authority from entering into any future contract or agreement regarding any of the duties imposed under this Code section.
5. 1. The office of the Commissioner shall be responsible for interpretations of the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter.
   2. On the construction on existing buildings, local governments authorized to enforce the state minimum fire safety standards pursuant to subsection (a) and subsection (b) of this Code section, notwithstanding paragraph (7) of subsection (a) of this Code section, may grant variances from compliance with the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter.
   3. On the construction on existing buildings not under the jurisdiction of a local government for purposes of paragraph (2) of this subsection, the Commissioner may grant variances from compliance with the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter.
   4. On the construction of new buildings, the Commissioner, upon the written recommendation of the state fire marshal and the written request of the fire or building official responsible for enforcing the state minimum fire safety standards, may grant variances from compliance with the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter in jurisdictions covered under subsection (a) of this Code section and jurisdictions other than those covered under subsection (a) of this Code section.
   5. Variances granted pursuant to paragraphs (2), (3), and (4) of this subsection shall be as nearly equivalent as practical to the standards required in this chapter.

      (Ga. L. 1949, p. 1057, § 6; Ga. L. 1981, p. 1779, § 3; Ga. L. 1982, p. 479, §§ 1, 4; Ga. L. 1984, p. 1160, § 2; Ga. L. 1985, p. 721, §§ 1, 2; Ga. L. 1992, p. 2186, § 2; Ga. L. 2015, p. 5, § 25/HB 90.)

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "subsection (a) of this Code section" for "subsection (a) of Code Section 25-2-12" at the end of subsection (b).

Law reviews. - For article, "Local Government Litigation: Some Pivotal Principles," see 55 Mercer L. Rev. 1 (2003).

25-2-12.1. Deputizing of local fire marshals, deputy local fire marshals, and state inspectors as state officers; qualification of applicants; duty to notify state fire marshal of employment status change; removal.

1. As used in this Code section, the term:
   1. "Deputy local fire marshal" means any person who is employed by, supervised by, or otherwise assists a local fire marshal and who has been or is seeking to be deputized pursuant to this Code section.
   2. "Local fire marshal" means any employee or independent contractor of any municipality, county, or other governing authority not adopting the state minimum fire safety standards as provided in subsection (a) of Code Section 25-2-12 who is responsible for performing fire safety duties for such municipality, county, or governing authority and who has been or is seeking to be deputized pursuant to this Code section.
   3. "State inspector" means any person who is employed by any board, commission, or other administrative authority of any state owned and operated or occupied facility, who is responsible for performing fire safety duties within such facility, and who has been or is seeking to be deputized pursuant to this Code section.
2. Upon application submitted by any governing authority or administrative authority described in subsection (a) of this Code section, the state fire marshal, subject to the approval of the Commissioner and in accordance with this Code section, shall have the authority to deputize local fire marshals, deputy local fire marshals, or state inspectors, as appropriate, as state officers. The application shall be verified by an appropriate official and shall contain the name, address, and current place of employment for each applicant seeking to be deputized and the dates and places of past employment, educational background, training experience, any area of specialization and the basis therefor, and such other information as may be required by the state fire marshal.
3. 1. Prior to deputizing any local fire marshal, deputy local fire marshal, or state inspector, the state fire marshal shall examine the applicant's education, training, and employment experience to ascertain whether the applicant is qualified to perform duties in one or more of the following areas:
      1. Fire safety inspections;
      2. Review of plans and specifications; or
      3. Arson investigations.
   2. If the state fire marshal is satisfied that the applicant is qualified, he shall recommend to the Commissioner that the applicant be deputized as a state officer to perform the appropriate duties on behalf of the state.
4. It shall be the responsibility of the governing authority to notify the state fire marshal when a local fire marshal is no longer employed by or accountable to such governing authority. It shall be the responsibility of the local fire marshal to ensure that his deputy local fire marshals perform their appointed duties and to notify the state fire marshal when a deputy local fire marshal is no longer employed under his authority. It shall be the responsibility of the administrative authority to ensure that state inspectors perform their appointed duties and to notify the state fire marshal when a state inspector is no longer employed by such administrative authority.
5. All deputized local fire marshals, deputy local fire marshals, and state inspectors shall submit monthly reports of their activities to the state fire marshal and shall comply with the administrative procedures of the state fire marshal's office. Any deputized local fire marshal, deputy local fire marshal, or state inspector who is found by the state fire marshal to be negligent in performing his appointed duties or in fulfilling his responsibilities shall be removed from his position as a state officer.

   (Ga. L. 1981, p. 1779, § 4; Ga. L. 1982, p. 3, § 25; Ga. L. 1982, p. 479, §§ 2, 5.)

25-2-13. Buildings presenting special hazards to persons or property; requirements; effect of rules, regulations, and fire safety standards issued before April 1, 1968; power of local governing authorities.

1. As used in this Code section, the term:
   1. "Capacity" means the maximum number of persons who may be reasonably expected to be present in any building or on any floor thereof at a given time according to the use which is made of such building. The Commissioner shall determine and by rule declare the formula for determining capacity for each of the uses described in this Code section.
   2. "Historic building or structure" means any individual building or any building which contributes to the historic character of a historic district, so designated by the state historic preservation officer pursuant to rules and regulations adopted by the Board of Natural Resources, or as so designated pursuant to the provisions of Article 2 of Chapter 10 of Title 44, the "Georgia Historic Preservation Act."
   3. "Landmark museum building" means a historic building or structure used as an exhibit of the building or structure itself which exhibits a high degree of architectural integrity and which is open to the public not fewer than 12 days per year; however, additional uses, original or ancillary, to the use as a museum shall be permitted within the same building subject to the provisions of paragraph (3) of subsection (b) of this Code section. Landmark museum buildings must be so designated by the state historic preservation officer pursuant to rules and regulations adopted by the Board of Natural Resources.
2. 1. Certain buildings and structures, because of construction or use, may constitute a special hazard to property or to the life and safety of persons on account of fire or panic from fear of fire. Buildings constructed or used in the following manner present such a special hazard:
      1. Buildings or structures more than three stories in height; provided, however, that nothing in this Code section shall apply to any individually owned residential unit within any such building;
      2. Any building three or more stories in height and used as a residence by three or more families, with individual cooking and bathroom facilities for each family; provided, however, that nothing in this Code section shall apply to any individually owned residential unit within any such building;
      3. Any building in which there are more than 15 sleeping accommodations for hire, with or without meals but without individual cooking facilities, whether designated as a hotel, motel, inn, club, dormitory, rooming or boarding house, or by any other name;
      4. Any building or group of buildings which contain schools and academies for any combination of grades one through 12 having more than 15 children or students in attendance at any given time and all state funded kindergarten programs;
      5. Hospitals, health care centers, mental health institutions, orphanages, nursing homes, convalescent homes, old age homes, jails, prisons, reformatories, and all administrative, public assembly, and academic buildings of colleges, universities, and vocational-technical schools. As used in this subparagraph, the terms "nursing homes," "convalescent homes," and "old age homes" mean any building used for the lodging, personal care, or nursing care on a 24 hour basis of four or more invalids, convalescents, or elderly persons who are not members of the same family;
      6. Racetracks, stadiums, and grandstands;
      7. Theaters, auditoriums, restaurants, bars, lounges, nightclubs, dance halls, recreation halls, and other places of public assembly having an occupant load of 300 or more persons, except that the occupant load shall be 100 or more persons in those buildings where alcoholic beverages are served;
      8. Department stores and retail mercantile establishments having a gross floor area of 25,000 square feet on any one floor or having three or more floors that are open to the public. For purposes of this subparagraph, shopping centers and malls shall be assessed upon the basis of the entire area covered by the same roof or sharing common walls; provided, however, that nothing in this Code section shall apply to single-story malls or shopping centers subdivided into areas of less than 25,000 square feet by a wall or walls with a two-hour fire resistance rating and where there are unobstructed exit doors in the front and rear of every such individual occupancy which open directly to the outside;
      9. Child care learning centers, as such term is defined in Code Section 20-1A-2. Fire safety standards adopted by rules of the Commissioner pursuant to Code Section 25-2-4 which are applicable to child care learning centers shall not require staff-to-child ratios; and
      10. Personal care homes and assisted living communities required to be licensed as such by the Department of Community Health and having at least seven beds for nonfamily adults, and the Commissioner shall, pursuant to Code Section 25-2-4, by rule adopt state minimum fire safety standards for those homes, and any structure constructed as or converted to a personal care home on or after April 15, 1986, shall be deemed to be a proposed building pursuant to subsection (d) of Code Section 25-2-14 and that structure may be required to be furnished with a sprinkler system meeting the standards established by the Commissioner if he deems this necessary for proper fire safety.
   2. Any building or structure which is used exclusively for agricultural purposes and which is located in an unincorporated area shall be exempt from the classification set forth in paragraph (1) of this subsection.
   3. 1. The provisions of this paragraph relating to landmark museum buildings shall apply only to those portions of such buildings which meet all the requirements of a landmark museum building, except as otherwise provided in subparagraphs (B) and (C) of this paragraph. Subparagraphs (B) and (C) of this paragraph shall, unless otherwise provided in such subparagraphs, preempt all state laws, regulations, or rules governing reconstruction, alteration, repair, or maintenance of landmark museum buildings. Local governing authorities may recognize the designation of landmark museum buildings by ordinance and authorize the local enforcement authority to incorporate the provisions of subparagraphs (B) and (C) of this paragraph into their local building and fire codes. Subparagraphs (D) and (E) of this paragraph shall apply to other historic buildings or structures.
      2. A landmark museum building shall be subject to the following provisions:
         1. Repairs, maintenance, and restoration shall be allowed without conformity to any state building or fire safety related code, standard, rule, or regulation, provided the building is brought into and remains in full compliance with this paragraph;
         2. In the case of fire or other casualty to a landmark museum building, it may be rebuilt, in total or in part, using such techniques and materials as are necessary to restore it to the condition prior to the fire or casualty and use as a totally preserved building; or
         3. If a historic building or structure, as a result of proposed work or changes in use, would become eligible and would be so certified as a landmark museum building, and the state historic preservation officer so certifies and such is submitted to the state fire and building code official with the construction or building permit application, then the work may proceed under the provisions of this paragraph.
      3. All landmark museum buildings shall comply with the following requirements:
         1. Every landmark museum building shall have portable fire extinguishers as deemed appropriate by the state or local fire authority having jurisdiction based on the applicable state or local fire safety codes or regulations;
         2. All landmark museum buildings which contain residential units shall have electrically powered smoke or products of combustion detectors installed within each living unit between living and sleeping areas. Such detectors shall be continuously powered by the building's electrical system. When activated, the detector shall initiate an alarm which is audible in sleeping rooms of that living unit. These unit detectors shall be required in addition to any other protective system that may be installed in the building;
         3. For all landmark museum buildings, except those protected by a total automatic fire suppression system and one and two family dwellings, approved automatic fire warning protection shall be provided as follows: install at least one listed smoke or products of combustion detector for every 1,200 square feet of floor area per floor or story. In addition, all lobbies, common corridors, hallways, and ways of exit access shall be provided with listed smoke or products of combustion detectors not more than 30 feet apart. Detectors shall be so connected as to sound an alarm audible throughout the structure or building. With respect to buildings which are totally protected by an automatic fire suppression system, activation of the sprinkler system shall sound an alarm throughout the structure or building;
         4. Smoke or products of combustion detectors shall be listed by a nationally recognized testing laboratory;
         5. All multistory landmark museum buildings, except one and two family dwellings, with occupancy above or below the street or grade level shall have manual fire alarm pull stations in the natural path of egress. The activation of a manual pull station shall cause the building fire warning system to sound;
         6. Approved exit signs shall be located where designated by the local or state authority having jurisdiction in accordance with the applicable state or local code, standard, rule, or regulation;
         7. Except for one and two family dwellings, every landmark museum building occupied after daylight, or which has occupied areas subject to being totally darkened during daylight hours due to a power failure or failure of the electrical system, shall be equipped with approved emergency lighting meeting the provisions of the applicable state or local code, standard, rule, or regulation;
         8. Occupant loading of landmark museum buildings or structures shall be limited by either the actual structural floor load capacity or by the limitations of means of egress or by a combination of factors. Actual floor load capacity shall be determined by a Georgia registered professional engineer. Said floor load shall be posted at a conspicuous location. The building owner shall submit evidence of this certification and related computations to the enforcement authority having jurisdiction, upon request. Where one or more floors of a landmark museum building have only one means of egress, the occupant load shall be computed and occupancy limited as determined by the state or local fire marshal; and
         9. The electrical, heating, and mechanical systems of landmark museum buildings shall be inspected and any conditions that create a threat of fire or a threat to life shall be corrected in accordance with applicable standards to the extent deemed necessary by the state or local authority having jurisdiction.
      4. Historic buildings not classified as landmark museum buildings shall meet the requirements of applicable state or local building and fire safety laws, ordinances, codes, standards, rules, or regulations as they pertain to existing buildings. If a historic building or structure is damaged from fire or other casualty, it may be restored to the condition prior to the fire or casualty using techniques and methods consistent with its original construction, or it shall meet the requirements for new construction of the applicable state or local codes, standards, rules, or regulations, provided these requirements do not significantly compromise the features for which the building was considered historically significant.
      5. As to any buildings or structures in the State of Georgia which meet the criteria of paragraph (1) of subsection (b) of this Code section and thus fall under the jurisdiction of the Safety Fire Commissioner and which also have been designated as historically significant by the state historic preservation officer, the appropriate enforcement official, in granting or denying a variance pursuant to subsection (e) of Code Section 25-2-12, shall consider the intent of this chapter, with special attention to paragraph (3) of this subsection, Article 3 of Chapter 2 of Title 8, "The Uniform Act for the Application of Building and Fire Related Codes to Existing Buildings," Article 2 of Chapter 10 of Title 44, the "Georgia Historic Preservation Act," and the Secretary of Interior's Standards for Preservation Projects.
   4. Nothing in this subsection shall be construed as exempting any building, structure, facility, or premises from ordinances enacted by any municipal governing authority in any incorporated area or any county governing authority in any unincorporated area, except to the extent stated in paragraph (3) of this subsection relative to landmark museum buildings or historic buildings or structures.

   (G.1) Churches having an occupant load of 500 or more persons in a common area or having an occupant load greater than 1,000 persons based on total occupant load of the building or structure;

3. Every person who owns or controls the use of any building, part of a building, or structure described in paragraph (1) of subsection (b) of this Code section, which, because of floor area, height, location, use or intended use as a gathering place for large groups, or use or intended use by or for the aged, the ill, the incompetent, or the imprisoned, constitutes a special hazard to property or to the life and safety of persons on account of fire or panic from fear of fire, must so construct, equip, maintain, and use such building or structure as to afford every reasonable and practical precaution and protection against injury from such hazards. No person who owns or controls the use or occupancy of such a building or structure shall permit the use of the premises so controlled for any such specially hazardous use unless he has provided such precautions against damage to property or injury to persons by these hazards as are found and determined by the Commissioner in the manner described in subsection (d) of this Code section to be reasonable and practical.
4. The Commissioner is directed to investigate and examine construction and engineering techniques; properties of construction materials, fixtures, facilities, and appliances used in, upon, or in connection with buildings and structures; and fire prevention and protective techniques, including, but not limited to, the codes and standards adopted, recommended, or issued from time to time by the National Fire Protection Association (National Fire Code and National Electric Code), the American Insurance Association (National Building Code), the successor to the National Board of Fire Underwriters, the American Standards Association, and the Standard Building Code Congress (Southern Standard Building Code).  Based upon such investigation, the Commissioner is authorized to determine and by rule to provide what reasonable and practical protection must be afforded property and persons with respect to: exits; fire walls and internal partitions adequate to resist fire and to retard the spread of fire, smoke, heat, and gases; electrical wiring, electrical appliances, and electrical installations; safety and protective devices, including, but not limited to, fire escapes, fire prevention equipment, sprinkler systems, fire extinguishers, panic hardware, fire alarm and detection systems, exit lights, emergency auxiliary lights, and other similar safety devices; flameproofing; motion picture equipment and projection booths; and similar facilities; provided, however, that any building described in subparagraph (b)(1)(C) of this Code section shall be required to have a smoke or products of combustion detector listed by a nationally recognized testing laboratory; and, regardless of the manufacturer's instructions, such detectors in these buildings shall be located in all interior corridors, halls, and basements no more than 30 feet apart or more than 15 feet from any wall; where there are no interior halls or corridors, the detectors shall be installed in each sleeping room. All detection systems permitted after April 1, 1992, shall be powered from the building's electrical system and all detection systems required by this chapter, permitted after April 1, 1992, shall have a one and one-half hour emergency power supply source.  Required corridor smoke detector systems shall be electrically interconnected to the fire alarm, if a fire alarm is required.  If a fire alarm is not required, the detectors at a minimum shall be approved single station detectors powered from the building electrical service.
5. All rules and regulations promulgated before April 1, 1968, by the Commissioner or the state fire marshal and the minimum fire safety standards adopted therein shall remain in full force and effect where applicable until such time as they are amended by the appropriate authority.
6. The municipal governing authority in any incorporated area or the county governing authority in any unincorporated area of the state shall have the authority to enact such ordinances as it deems necessary to perform fire safety inspections and related activities for those buildings and structures not covered in this Code section.
7. Notwithstanding any other provision of law or any local ordinance to the contrary, in the event of a conflict between any code or standard of the National Fire Protection Association (National Fire Code and National Electric Code) and of the Standard Building Code Congress (Southern Standard Building Code), the code or standard of the National Fire Protection Association (National Fire Code and National Electric Code) shall prevail. The order of precedence established by this subsection shall apply to all buildings and structures whether or not such buildings and structures are covered under this Code section.

   (Ga. L. 1949, p. 1057, § 8; Ga. L. 1967, p. 619, § 1; Ga. L. 1981, p. 1779, §§ 5, 6; Ga. L. 1982, p. 3, § 25; Ga. L. 1984, p. 1160, §§ 3-6; Ga. L. 1985, p. 149, § 25; Ga. L. 1985, p. 869, § 1; Ga. L. 1985, p. 936, §§ 1, 2; Ga. L. 1985, p. 1642, § 2; Ga. L. 1987, p. 3, § 25; Ga. L. 1988, p. 668, § 1; Ga. L. 1989, p. 815, §§ 1, 2; Ga. L. 1989, p. 918, § 1; Ga. L. 1989, p. 1795, § 2; Ga. L. 1990, p. 1500, § 1; Ga. L. 1992, p. 2186, §§ 3, 4; Ga. L. 1996, p. 1632, § 2; Ga. L. 2004, p. 645, § 4; Ga. L. 2008, p. 12, § 2-6/SB 433; Ga. L. 2011, p. 227, § 6/SB 178; Ga. L. 2013, p. 135, § 12/HB 354; Ga. L. 2015, p. 965, § 4/HB 401.)

The 2013 amendment, effective July 1, 2013, in subparagraph (b)(1)(I), substituted "child care learning centers" for "day-care centers" twice, and substituted "'child care learning center'" for "'day-care center'".

The 2015 amendment, effective January 1, 2016, substituted the present provisions of subparagraph (b)(1)(I) for the former provisions, which read: "Group day-care homes and child care learning centers required to be licensed or commissioned as such by the Department of Early Care and Learning and in which at least seven children receive care. As used in this subparagraph, the term 'group day-care home' means a day-care facility subject to licensure by the Department of Early Care and Learning where at least seven but not more than 12 children receive care; and the term 'child care learning center' means a day-care facility subject to licensure or issuance of a commission by the Department of Early Care and Learning where more than 12 children receive care. Fire safety standards adopted by rules of the Commissioner pursuant to Code Section 25-2-4 which are applicable to group day-care homes and child care learning centers shall not require staff-to-child ratios; and".

Cross references. - Construction standards and requirements for buildings and other structures generally, T. 8, C. 2.

Duties of Commissioner with regard to enforcement of laws relating to access to and use of public buildings and facilities by the physically disabled, § 30-3-5 .

Required safety and security measures for detention facilities, § 42-4-31 .

Editor's notes. - Ga. L. 1985, p. 1642, § 3, not codified by the General Assembly, provided that nothing in that Act would amend or repeal the definitions contained in T. 49, C. 5.

Administrative Rules and Regulations. - Criteria for designation, Official Compilation of the Rules and Regulations of the State of Georgia, Designation of Historic Buildings and Landmark Museum Buildings, Georgia Department of Natural Resources, § 391-5-8.02.

Adoption of the 2003 International Fire Code with Georgia Amendments, Georgia Amendments to the 2000 CABO One and Two Family Dwelling Code, 2000 Standard Building Code, 2000 Standard Plumbing Code, 2000 Standard Mechanical Code, 2000 Standard Gas Code, and the 2000 International Energy Conservation Code, effective January 1, 2005, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Community Affairs, Georgia State Minimum Standard Code, Rule 110-11-1-.14.

25-2-14. Buildings presenting special hazards to persons or property - Requirement and issuance of building permits and certificates of occupancy; fees; employment of private professional providers to perform building plan reviews.

1. 1. Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started. All such plans and specifications submitted as required by this subsection shall be accompanied by a fee in the amount provided in Code Section 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner.
   2. 1. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official cannot provide plan review within 30 business days of receiving a written application for permitting in accordance with the code official's plan submittal process, then, in lieu of plan review by personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires plan review, regardless if the plan review is required by subsection (a) of this Code section or by local county or municipal ordinance, shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review. As used in this paragraph, the term "private professional provider" means a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43 or a professional architect who holds a certificate of registration issued under Chapter 4 of Title 43, who is not an employee of or otherwise affiliated with or financially interested in the person, firm, or corporation engaged in the construction project to be reviewed.
      2. The state fire marshal, the proper local fire marshal, state inspector, or designated code official shall advise the permit applicant at the time the complete submittal application for a permit in accordance with the code official's plan submittal process is received that the state fire marshal, the proper local fire marshal, state inspector, or designated code official intends to complete the required plan review within the time prescribed by this paragraph or that the applicant may immediately secure the services of a private professional provider to complete the required plan review pursuant to this subsection. The plan submittal process shall include those procedures and approvals required by the local jurisdiction before plan review can take place. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official states its intent to complete the required plan review within the time prescribed by this paragraph, the applicant shall not be authorized to use the services of a private professional provider as provided in this subsection. The permit applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official may agree by mutual consent to extend the time period prescribed by this paragraph for plan review if the characteristics of the project warrant such an extension. However, if the state fire marshal, the proper local fire marshal, state inspector, or designated code official states its intent to complete the required plan review within the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official and does not permit the applicant to use the services of a private professional provider and the state fire marshal, the proper local fire marshal, state inspector, or designated code official fails to complete such plan review in the time prescribed by this paragraph, or any extension thereof mutually agreed to by the applicant and the state fire marshal, the proper local fire marshal, state inspector, or designated code official, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall issue the applicant a project initiation permit to allow the applicant to begin work on the project, provided that portion of the initial phase of work is compliant with applicable codes, laws, and rules. If a full permit is not issued for the portion requested for permitting, then the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have an additional 20 business days to complete the review and issue the full permit. If the plans submitted for permitting are denied for any deficiency, the time frames and process for resubmittal shall be governed by divisions (2)(H)(iii) through (2)(H)(v) of this subsection.
      3. Any plan review or inspection conducted by a private professional provider shall be no less extensive than plan reviews or inspections conducted by state, county, or municipal personnel responsible for review of plans for compliance with the state's minimum fire safety standards and, where applicable, the state's minimum accessibility standards.
      4. The person, firm, or corporation retaining a private professional provider to conduct a plan review shall be required to pay to the state fire marshal, the proper local fire marshal, state inspector, or designated code official which requires the plan review the same regulatory fees and charges which would have been required had the plan review been conducted by the state fire marshal, the proper local fire marshal, state inspector, or designated code official.
      5. A private professional provider performing plan reviews under this subsection shall review construction plans to determine compliance with the state's minimum fire safety standards in effect which were adopted pursuant to this chapter and, where applicable, the state's minimum accessibility standards adopted pursuant to Chapter 3 of Title 30. Upon determining that the plans reviewed comply with the applicable codes and standards as adopted, such private professional provider shall prepare an affidavit or affidavits on a form prescribed by the Safety Fire Commissioner certifying under oath that the following is true and correct to the best of such private professional provider's knowledge and belief and in accordance with the applicable professional standard of care:
         1. The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage and insurance coverage stipulated in this subsection; and
         2. The plans comply with the state's minimum fire safety standards in effect which were adopted pursuant to this chapter and, where applicable, the state's minimum accessibility standards adopted pursuant to Chapter 3 of Title 30.
      6. All private professional providers providing plan review services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $1 million in aggregate coverage. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. The state fire marshal, the proper local fire marshal, state inspector, or designated code official may establish, for private professional providers working within their respective jurisdictions specified by this chapter, a system of registration listing the private professional providers within their areas of competency and verifying compliance with the insurance requirements of this subsection.
      7. The private professional provider shall be empowered to perform any plan review required by the state fire marshal, the proper local fire marshal, state inspector, or designated code official, regardless if the plan review is required by this subsection or by local county or municipal ordinance, provided that the plan review is within the scope of such private professional provider's area of expertise and competency. This subsection shall not apply to hospitals, ambulatory health care centers, nursing homes, jails, penal institutions, airports, buildings or structures that impact national or state homeland security, or any building defined as a high-rise building in the State Minimum Standards Code, provided that interior tenant build-out projects within high-rise buildings are not exempt from this subsection, or plans related to Code Section 25-2-16 or 25-2-17 or Chapter 8, 9, or 10 of this title.
      8. 1. The permit applicant shall submit a copy of the private professional provider's plan review report to the state fire marshal, the proper local fire marshal, state inspector, or designated code official. Such plan review report shall include at a minimum all of the following:
            1. The affidavit of the private professional provider required pursuant to this subsection;
            2. The applicable fees required for permitting;
            3. Other documents deemed necessary due to unusual construction or design, smoke removal systems where applicable with engineering analysis, and additional documentation required where performance based code options are used; and
            4. Any documents required by the state fire marshal, the proper local fire marshal, state inspector, or designated code official to determine that the permit applicant has secured all other governmental approvals required by law.
         2. No more than 30 business days after receipt of a permit application and the private professional provider's plan review report required pursuant to this subsection, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable codes or standards, as well as the specific reference to the relevant requirements. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official does not provide a written notice of the plan deficiencies within the prescribed 30 day period, the permit application shall be deemed approved as a matter of law and the permit shall be issued by the state fire marshal, the proper local fire marshal, state inspector, or designated code official on the next business day.
         3. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30 day period, the 30 day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this chapter, the promulgated rules and regulations adopted thereunder, or, where appropriate for existing buildings, the local governing authority's appeals process or the permit applicant may submit revisions to correct the deficiencies.
         4. If the permit applicant submits revisions, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have the remainder of the tolled 30 day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes or standards, with specific reference to the relevant requirements. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official does not provide the second written notice within the prescribed time period, the permit shall be issued by the state fire marshal, the proper local fire marshal, state inspector, or designated code official on the next business day.
         5. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this chapter, the rules and regulations promulgated thereunder, or, where applicable for existing buildings, the local governing authority's appeals process or the permit applicant may submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the state fire marshal, the proper local fire marshal, state inspector, or designated code official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable codes or standards, with specific reference to the relevant requirements.
      9. The state fire marshal may provide for the prequalification of private professional providers who may perform plan reviews pursuant to this subsection by rule or regulation authorized in Code Section 25-2-4. In addition, any local fire marshal, state inspector, or designated code official may provide for the prequalification of private professional providers who may perform plan reviews pursuant to this subsection; however, no additional local ordinance implementing prequalification shall become effective until notice of the proper local fire marshal, state inspector, or designated code official's intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriff's advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a private professional provider only on the basis of the private professional provider's expertise with respect to the objectives of this subsection, as demonstrated by the private professional provider's experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance or state law for plan review personnel currently directly employed by such local governing authority.
      10. Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers.
      11. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that the building construction or plans do not comply with the applicable codes or standards, the state fire marshal, the proper local fire marshal, state inspector, or designated code official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law or rule or regulation, after giving notice and opportunity to remedy the violation, if the state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that noncompliance exists with state laws, adopted codes or standards, or local ordinances, provided that:
          1. The state fire marshal, the proper local fire marshal, state inspector, or designated code official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and
          2. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official and the private professional provider are unable to resolve the dispute, the matter shall be referred to the local enforcement agency's board of appeals, except as provided in Code Section 25-2-12 and appeals for those proposed buildings classified under paragraph (1) of subsection (b) of Code Section 25-2-13 or any existing building under the specific jurisdiction of the state fire marshal's office shall be made to the state fire marshal and further appeal shall be under Code Section 25-2-10.
      12. The state fire marshal, the proper local fire marshal, state inspector, local government, designated code official enforcement personnel, or agents of the governing authority shall be immune from liability to any person or party for any action or inaction by an owner of a building or by a private professional provider or its duly authorized representative in connection with building plan review services by private professional providers as provided in this subsection.
      13. Except as provided in this paragraph, no proper local fire marshal, state inspector, or designated code official shall adopt or enforce any rules, procedures, policies, or standards more stringent than those prescribed in this subsection related to private professional provider services.
      14. Nothing in this subsection shall limit the authority of the state fire marshal, the proper local fire marshal, state inspector, or designated code official to issue a stop-work order for a building project or any portion of such project, as provided by law or rule or regulation authorized pursuant to Code Section 25-2-4, after giving notice and opportunity to remedy the violation, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare.
      15. When performing building code plan reviews related to determining compliance with the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs, the state's minimum fire safety standards adopted by the safety fire marshal, or the state's minimum accessibility standards pursuant to Chapter 3 of Title 30, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, as applicable. Any complaint processing, investigation, and discipline that arise out of a private professional provider's performance of the adopted building, fire safety, or accessibility codes or standards plan review services shall be conducted by the applicable professional licensing board or as allowed by state rule or regulation. Notwithstanding any disciplinary rules of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, the state fire marshal, the proper local fire marshal, state inspector, or designated code official enforcement personnel may decline to accept building plan reviews submitted by any private professional provider who has submitted multiple reports which required revisions due to negligence, noncompliance, or deficiencies.
2. A complete set of approved plans and specifications shall be maintained on the construction site, and construction shall proceed in compliance with the minimum fire safety standards under which such plans and specifications were approved. The owner of any such building or structure or his authorized representative shall notify the state fire marshal, the proper local fire marshal, or state inspector upon completion of approximately 80 percent of the construction thereof and shall apply for a certificate of occupancy when construction of such building or structure is completed.
3. Every building or structure which comes under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which comes under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall have a certificate of occupancy issued by the state fire marshal, the proper local fire marshal, or the state inspector before such building or structure may be occupied. Such certificates of occupancy shall be issued for each business establishment within the building, shall carry a charge in the amount provided in Code Section 25-2-4.1, shall state the occupant load for such business establishment or building, shall be posted in a prominent location within such business establishment or building, and shall run for the life of the building, except as provided in subsection (d) of this Code section.
4. For purposes of this chapter, any existing building or structure listed in paragraph (1) of subsection (b) of Code Section 25-2-13 and which comes under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be deemed to be a proposed building in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy. For purposes of this subsection, the term "substantial renovation" means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation.
5. In cases where the governing authority of a municipality which is enforcing the fire safety standards pursuant to subsection (a) of Code Section 25-2-12 contracts with the office of the Commissioner for the enforcement of fire safety standards, the office of the Commissioner shall not charge such municipality fees in excess of those charged in this Code section.

   (Ga. L. 1949, p. 1057, § 9; Ga. L. 1967, p. 619, § 2; Ga. L. 1981, p. 1779, § 7; Ga. L. 1982, p. 3, § 25; Ga. L. 1982, p. 479, §§ 3, 6; Ga. L. 1992, p. 2186, § 5; Ga. L. 1992, p. 2725, § 5; Ga. L. 2006, p. 506, § 2/HB 1385.)

25-2-14.1. Buildings presenting special hazards to persons or property - Compliance of existing and proposed buildings and structures with minimum fire safety standards.

1. Every building and structure existing as of April 1, 1968, which building or structure is listed in paragraph (1) of subsection (b) of Code Section 25-2-13 shall comply with the minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this chapter which were in effect at the time such building or structure was constructed, except that any nonconformance noted under the electrical standards adopted at the time such building or structure was constructed shall be corrected in accordance with the current electrical standards adopted pursuant to this chapter. A less restrictive provision contained in any subsequently adopted minimum fire safety standard may be applied to any existing building or structure.
2. Every proposed building and structure listed in paragraph (1) of subsection (b) of Code Section 25-2-13 shall comply with the adopted minimum fire safety standards that were in effect on the date that plans and specifications therefor were received by the state fire marshal, the proper local fire marshal, or state inspector for review and approval.

   (Ga. L. 1981, p. 1779, § 8; Ga. L. 1989, p. 815, § 3.)

25-2-14.2. Authority of state fire marshal or other officials to deny permit or certificate of occupancy, or issue stop-work order for regulatory noncompliance.

1. As used in this Code section, the term "written notification" means a typed, printed, or handwritten notice citing the specific sections of the applicable codes or standards that have been violated and describing specifically where and how the design or construction is noncompliant with such codes or standards.
2. If the state fire marshal, the proper local fire marshal, state inspector, or designated code official determines that the building construction or plans for any building or structure, which are required under this chapter to meet the state minimum fire safety standards, do not comply with any such applicable codes or standards, the state fire marshal, the proper local fire marshal, state inspector, or designated code official may deny a permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law or rule or regulation, after giving written notification and opportunity to remedy the violation. (Code 1981, § 25-2-14.2 , enacted by Ga. L. 2014, p. 379, § 1/SB 305.)

Effective date. - This Code section became effective July 1, 2014. See editor's note for applicability.

Editor's notes. - Ga. L. 2014, p. 379, § 2/SB 305, not codified by the General Assembly, provides, in part, that this Code section shall be applicable to any application for a permit, request for a certificate of occupancy or certificate of completion, and stop work order submitted or issued on or after July 1, 2014.

25-2-15. Buildings presenting special hazards to persons or property - Issuance of temporary occupancy permits; time limits for compliance with chapter.

In existing buildings which come under the classification in paragraph (1) of subsection (b) of Code Section 25-2-13, when substandard conditions are found, a temporary occupancy permit may be issued, such permit carrying a time limit adjusted to meet the amount of time deemed necessary to make the proper corrections in order to bring the building up to standard. All certificates of occupancy shall be issued against the building and shall not require renewal because of change of ownership. The same set of fees for certificates of occupancy as are applicable to proposed buildings covered in Code Section 25-2-14 shall apply. The Commissioner and his delegated authorities shall determine the time limit for complying with any of the standards established pursuant to this chapter.

(Ga. L. 1949, p. 1057, § 10; Ga. L. 1999, p. 81, § 25.)

25-2-16. Regulation of the storage, transportation, and handling of hazardous materials; use of hold-open latches at self-service gasoline stations; plans for bulk storage facilities.

1. Some substances constitute a special hazard to property and to the life and safety of persons because of certain characteristics and properties incident to their storage, handling, and transportation. Substances presenting such a special hazard include gasoline, kerosene, and other flammable liquids; liquefied petroleum gases; welding and other gases; dry-cleaning fluids; anhydrous ammonia; and other gases, liquids, or solids of a highly flammable or hazardous nature.
2. Every person who stores, transports, or handles any of the hazardous substances listed in subsection (a) of this Code section shall so store, transport, and handle the substances as to afford every precaution and protection as may be found by the Commissioner to be reasonable and practical to avoid injury to persons from exposure, fire, or explosion caused by the storage, transportation, or handling of these substances, including transportation thereof only in vehicles which are in proper condition for that purpose.
3. The Commissioner is directed to investigate the nature and properties of such hazardous substances and the known precautionary and protective techniques for their storage, transportation, and handling, including, but not limited to, the codes and standards adopted, recommended, or issued by the National Fire Protection Association and the Agricultural Nitrogen Institute. Based upon the investigation, the Commissioner is authorized to determine and by rule to provide what precautionary and protective techniques are reasonable and practical measures for the prevention of injury to persons and property from the storage, transportation, and handling of such highly flammable or hazardous substances. Such authorization shall include the power to provide, by rule, the minimum standards that a vehicle shall meet before it is considered to be in proper condition to transport the material. No person shall transport any such material or substance in bulk unless the vehicle in which it is transported is in the proper condition, as provided by such rules, to transport the material with reasonable safety.
4. 1. As used in this subsection, the term:
      1. "Automatic-closing device" means a gasoline or diesel fuel pump nozzle which contains a valve which automatically shuts off the flow of gasoline or diesel fuel through the nozzle when the level of gasoline in a motor vehicle fuel tank reaches a certain level.
      2. "Hold-open latch" means a device which attaches to a gasoline or diesel fuel pump nozzle, which device mechanically holds the nozzle and valve in an open position.
      3. "Self-service station" means any place of business which sells gasoline or diesel fuel at retail and which allows customers to dispense the fuel.
   2. No self-service station shall be prohibited from installing and no customer at such station shall be prohibited from using hold-open latches on gasoline or diesel fuel pumps available for operation by the customer. However, if hold-open latches are used on pumps operated by the customer, such pumps shall be equipped with a functioning automatic-closing device.
5. Plans and specifications for all proposed bulk storage facilities which come under classification in subsection (a) of this Code section shall be submitted to and receive approval by the state fire marshal and the proper local fire marshal before construction is started.  All such plans and specifications submitted as required by this subsection shall be accompanied by a $100.00 fee for screening and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner.

   (Ga. L. 1949, p. 1057, § 12; Ga. L. 1967, p. 619, § 3; Ga. L. 1968, p. 1084, § 1; Ga. L. 1983, p. 476, § 1; Ga. L. 1992, p. 2186, § 6.)

Cross references. - Hazardous waste management generally, § 12-8-60 et seq.

Administrative Rules and Regulations. - Rules and Regulations for Flammable and Combustible Liquids, Official Compilation of the Rules and Regulations for the State of Georgia, Comptroller General, Chapter 120-3-11.

Rules and Regulations for the Storage and Handling of Anhydrous Ammonia, Official Compilation of the Rules and Regulations of the State of Georgia, Comptroller General, Chapter 120-3-12.

Rules and Regulations for Welding Cases, Official Compilation of the Rules and Regulations of the State of Georgia, Comptroller General, Chapter 120-3-13.

25-2-17. Regulation of explosives.

1. As used in this Code section, the term "explosive" or "explosives" means any chemical compound or mechanical mixture which is commonly used or intended for the purpose of producing an explosion, which compound or mixture contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. Explosives constitute a special hazard to life and safety of persons because of the danger incident to their manufacture, transportation, use, sale, and storage.
2. Every person who manufactures, transports, uses, sells, or stores explosives shall so manufacture, transport, use, sell, and store them as to afford every precaution and protection against injury to persons as the Commissioner may determine and by rule declare to be reasonable and practical; provided, however, that nothing contained in this Code section shall be construed to extend to storage, use, or sale of small arms ammunition.
3. The Commissioner is directed to investigate and examine the nature and properties of various explosives and known safety and protective techniques, including the safety standards, recommendations, and codes of the National Fire Protection Association (Explosives Ordinance, National Fire Code), and the American Insurance Association, the successor to the National Board of Fire Underwriters. Based upon the investigation, the Commissioner is authorized to determine and by rule to provide what reasonable and practical protection must be afforded persons with respect to the manufacture, transportation, use, sale, and storage of explosives.
4. No person shall manufacture, transport, use, sell, or store explosives without having first obtained a license therefor issued by the Commissioner in accordance with reasonable rules established by him.  The Commissioner is authorized to make reasonable rules providing for the issuance of such licenses on an annual basis to those applicants who have observed and may be expected to observe safety rules lawfully made under this Code section. Graded fees for such licenses shall be  as provided in Code Section 25-2-4.1. The permits for the use only of explosives may be issued by judges of the probate courts or other local elected officials whom the Commissioner may designate.  Fees for such permits to use explosives shall be $2.00 for each permit issued, which fee shall be retained by the issuing local official.
5. Every person licensed under this Code section who suffers a larceny or attempted larceny of primer cord, blasting agents, powders, and dynamite shall make a report thereof to local law enforcement agencies and to the state fire marshal, in accordance with rules made by the Commissioner. The Commissioner is authorized to make such rules.

   (Ga. L. 1949, p. 1057, § 13; Ga. L. 1967, p. 619, § 4; Ga. L. 1992, p. 2186, § 7; Ga. L. 1992, p. 2725, § 6.)

Cross references. - Regulation of fireworks, T. 25, C. 10.

25-2-18. Exemption of public buildings from fees or licenses; waiver for churches and charities.

All federal, state, county, or city publicly owned buildings covered by this chapter are exempt from any fee or license which may be specified in this chapter. Such fees or licenses may be waived where chargeable to churches and charitable organizations.

(Ga. L. 1949, p. 1057, § 31.)

25-2-19. Regulation of fire hazards in hotels, apartment houses, department stores, warehouses, and public places.

The Commissioner shall promulgate reasonable rules and regulations governing and regulating fire hazards in hotels, apartment houses, department stores, warehouses, storage places, and places of public assembly.

(Ga. L. 1949, p. 1057, § 17.)

Cross references. - Operators of hotels, inns, and roadhouses generally, T. 43, C. 21.

25-2-20. Licensing of traveling carnivals, circuses, and other exhibits.

All traveling motion picture shows, carnivals, and circuses shall obtain a fire prevention regulatory license from the state fire marshal based upon compliance with this chapter, as set forth in rules and regulations promulgated by the Commissioner. The fee for the license shall be $150.00 for each calendar year or part thereof, payable to the state fire marshal, who shall pay the same into the state treasury.

(Ga. L. 1949, p. 1057, § 18; Ga. L. 2010, p. 9, § 1-50.1/HB 1055.)

Cross references. - Regulation of activities of carnivals, road shows, tent shows, and other itinerant entertainment, § 43-1-15 .

Administrative Rules and Regulations. - Rules and Regulations of Fire Prevention Inspection and Licensing of Carnivals and Circuses, Official Compilation of the Rules and Regulations of the State of Georgia, Comptroller General, Chapter 120-3-4.

25-2-21. Investigation on complaint of dangerous building appurtenances; effect of failure to remove or repair after notice.

Reserved. Repealed by Ga. L. 1981, p. 1779, § 9, effective April 1, 1982.

Editor's notes. - Ga. L. 2013, p. 141, § 25/HB 79, reserved the designation of this Code section, effective April 24, 2013.

25-2-22. Right of Commissioner and other authorized officials to enter and inspect buildings and premises.

1. The Commissioner and the various officials delegated by him to carry out this chapter shall have the authority at all times of the day and night to enter in or upon and to examine any building or premises where a fire is in progress or has occurred, as well as other buildings or premises adjacent to or near the same. The Commissioner and his delegated authorities shall have the right to enter in and upon all buildings and premises subject to this chapter, at any reasonable time, for the purpose of examination or inspection.
2. Upon complaint submitted in writing, the Commissioner and the various officials to whom enforcement authority is delegated under this chapter may enter in or upon any building or premises between the hours of sunrise and sunset for the purpose of investigating the complaint. Upon the complaint of any person, the state fire marshal or his deputized officials may inspect or cause to be inspected all buildings and premises within their jurisdiction whenever he or they deem it necessary.

   (Ga. L. 1949, p. 1057, § 20.)

25-2-22.1. Inspection warrants.

1. The Commissioner, his delegate, or any other person authorized under this title to conduct inspections of property, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this Code section. Such warrant shall authorize the Commissioner or his delegate or such authorized person to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under this title or the rules and regulations duly promulgated hereunder.
2. Inspection warrants may be issued by any judge of the superior, state, municipal, or magistrate court upon proper oath or affirmation showing probable cause for the purpose of conducting inspections authorized by this title or rules promulgated under this title and for the seizure of property or the taking of samples appropriate to the inspection. For the purposes of issuance of inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this title or rules promulgated under this title sufficient to justify inspection of the area, premise, building, or conveyance in the circumstances specified in the application for the warrant.
3. A warrant shall be issued only upon affidavit of the Commissioner or his designee or any person authorized to conduct inspections pursuant to this title, sworn to before the judicial officer and establishing the grounds for issuing the warrant. The issuing judge may issue the warrant when he is satisfied that the following conditions are met:
   1. The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and
   2. The issuing judge determines that the issuance of the warrant is authorized by this Code section.
4. The warrant shall:
   1. State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
   2. Be directed to persons authorized by this title to conduct inspections to execute it;
   3. Command the persons to whom it is directed to inspect the area, premise, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;
   4. Identify the item or types of property to be seized, if any; and
   5. Designate the judicial officer to whom it shall be returned.
5. A warrant issued pursuant to this Code section must be executed and returned within ten days of its date of issuance unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be provided upon request to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. A copy of the inventory shall be delivered upon request to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
6. The judicial officer who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the superior court for the county in which the inspection was made. (Code 1981, § 25-2-22.1 , enacted by Ga. L. 1989, p. 815, § 1.)

25-2-23. Issuance of notice to correct unsafe conditions.

When any of the officers listed in Code Section 25-2-22 finds any building or other structure which, for want of repair or by reason of age or dilapidated condition or any other cause is especially liable to fire hazard or which is so situated as to endanger other property or the safety of the public, or when, in or around any building, such officer finds combustible or explosive matter, inflammables, or other conditions dangerous to the safety of the building, notice may be given to the owner or agent and occupant of the building to correct such unsafe conditions as may be found.

(Ga. L. 1949, p. 1057, § 20.)

25-2-24. Filing of petition for court order compelling compliance with notice.

If any owner, agent, or occupant fails to comply with the notice prescribed in Code Section 25-2-23 within the time specified in the notice, the state fire marshal or his delegated officials, with the approval of the Commissioner, may petition the court for a rule nisi to show cause why an order should not be issued by the court that the same be removed or remedied. Such court order shall forthwith be complied with by the owner or occupant of the premises or building within such time as may be fixed in the court order.

(Ga. L. 1949, p. 1057, § 20.)

25-2-25. Remedy of unsafe conditions by city or county upon failure to comply with court order; liability for expenses generally; issuance of fi. fa. against owner of property for expense incurred.

If any person fails to comply with the order of the court made pursuant to Code Section 25-2-24 within the time fixed, the city or county in which the building or premises in question are located shall cause the building or premises to be forthwith repaired, torn down, or demolished, the hazardous materials removed, or the dangerous conditions remedied, as the case may be, at the expense of the city or county in which the property is situated. If the owner thereof, within 30 days after notice in writing of the amount of such expense, fails, neglects, or refuses to repay the city or county the expense thereby incurred, the local authorities shall issue a fi. fa. against the owner of the property for the expense actually incurred.

(Ga. L. 1949, p. 1057, § 20.)

25-2-26. Final authority for ordering enforcement of Code Sections 25-2-22 through 25-2-25.

Code Sections 25-2-22 through 25-2-25 shall be construed so that the final authority for ordering the carrying out and enforcement of such Code sections shall be by order of the court and not by the Commissioner or his delegated authority.

(Ga. L. 1949, p. 1057, § 20.)

25-2-27. Procedure for investigation of suspected arson - Taking of testimony; arrest of suspect; furnishing of information to district attorney.

The state fire marshal or his deputy, when in his opinion such proceedings are necessary, shall take the testimony on oath of all persons believed to be cognizant of or to have information or knowledge in relation to suspected arson and shall cause the testimony to be reduced to writing. If he is of the opinion that there is evidence sufficient to charge any person with the crime of arson, he shall cause such person to be arrested in accordance with the law. He shall also furnish the district attorney of the circuit in which the fire occurred with all the information obtained by him in his investigation. The district attorney shall thereupon proceed according to law.

(Ga. L. 1949, p. 1057, § 21.)

Cross references. - Arson and explosives generally, § 16-7-60 et seq.

25-2-28. Procedure for investigation of suspected arson - Issuance of subpoenas to compel attendance of witnesses or production of documents; administration of oaths; issuance of court order compelling compliance.

1. The state fire marshal or the deputy state fire marshal shall have the power to summon and compel the attendance of witnesses before either or both of them, in any county in which the witness resides, to testify in relation to any matter which is designated by Code Section 25-2-27 as a subject of inquiry and to issue subpoenas to compel the production of all books, records, documents, and papers pertaining to such subject of inquiry. The state fire marshal and deputy state fire marshal may also administer oaths and affirmations to persons appearing as witnesses before them. Any person summoned shall have the right of counsel at the hearing if he desires.
2. Should any person fail to comply with this Code section, the state fire marshal or his agent is authorized to procure an order from the superior court of the county in which the proposed witness resides, requiring compliance under the law.

   (Ga. L. 1949, p. 1057, § 22.)

25-2-29. Hearing procedure.

All hearings held by or under the direction of the Commissioner shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the Commissioner may also satisfy the procedure for conduct of hearings on contested cases and rule making required under said chapter by following and complying with Chapter 2 of Title 33.

(Ga. L. 1949, p. 1057, § 23; Ga. L. 1992, p. 2186, § 8.)

25-2-30. Duty of state fire marshal as to promotion of fire prevention and life safety generally.

It shall be the duty of the state fire marshal to contact individuals, associations, and state agencies, both within and outside this state, which have a direct interest in the fundamentals of fire prevention and life safety, for the purpose of promoting the objectives of this chapter.

(Ga. L. 1949, p. 1057, § 28.)

25-2-31. Dissemination of fire prevention information by state fire marshal generally; fire prevention programs in schools; cooperation with state fire marshal by local authorities.

1. The state fire marshal may promote any plan or program which tends to disseminate information on fire prevention and similar projects and may aid any association or group of individuals which is primarily organized along such lines.
2. It shall be the duty of the state fire marshal to carry on a state-wide program of fire prevention education in the schools of this state and to establish fire drills therein. All local school authorities are required to cooperate with the state fire marshal in carrying out programs designed to protect the lives of school children from fire and related hazards.

   (Ga. L. 1949, p. 1057, § 26.)

25-2-32. Maintenance of records of fire losses; reports of losses by insurance companies; reports of fires.

1. It shall be the duty of the state fire marshal to keep an up-to-date record of all fire losses, together with statistical data concerning the same. The various fire insurance companies doing business in this state shall submit to the Commissioner, quarterly, a report stating all the losses sustained by them, together with such pertinent data as may be required by the Commissioner.
2. Effective January 1, 1993, all incidents of fires, whether accidental or incendiary, shall be reported to the office of Safety Fire Commissioner.  Every fire department shall submit incident data either via a uniform electronic reporting method or on a uniform reporting form prescribed by the Commissioner and at intervals established by the Commissioner.

   (Ga. L. 1949, p. 1057, § 25; Ga. L. 1992, p. 2186, § 9; Ga. L. 2015, p. 5, § 25/HB 90.)

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, deleted "the" preceding "Safety Fire Commissioner" in the first sentence of subsection (b).

Cross references. - Property insurance generally, T. 33, C. 32.

25-2-32.1. Reports to Safety Fire Division of serious burn injuries.

Every case of a burn injury or wound where the victim sustained second-degree or third-degree burns to 5 percent or more of the body or any burns to the upper respiratory tract or laryngeal edema due to the inhalation of superheated air, and every case of a burn injury or wound which is likely to or may result in death, shall be reported at once to the Safety Fire Division of the office of the Commissioner of Insurance. The Safety Fire Division shall accept the report and notify the proper investigatory agency as may be appropriate. A written report shall be provided to the Safety Fire Division within 72 hours. The report shall be made by the physician attending or treating the case or by the manager, superintendent, or other person in charge whenever such case is treated in a hospital sanitarium, institution, or other medical facility.

(Code 1981, § 25-2-32.1 , enacted by Ga. L. 1992, p. 2186, § 10.)

25-2-32.2. Investigation of burn injuries reported pursuant to Code Section 25-2-32.1

Every county or municipal governing authority or any two or more governing authorities or the Safety Fire Division are authorized and empowered to take such action as may be required to formulate task forces, teams, or fire or police investigative units to investigate any case of a burn injury or wound sustained as reported pursuant to Code Section 25-2-32.1, to ascertain the cause of fires or explosions of suspicious origin within the county or municipalities, to pursue necessary investigation thereof, and to assist in the preparation and prosecution of cases stemming from any alleged criminal activity attendant to such fires or explosions.

(Code 1981, § 25-2-32.2 , enacted by Ga. L. 1992, p. 2186, § 10.)

25-2-33. Release of fire loss information by insurers on request by state or local official; immunity for furnishing of information; confidentiality of information received; testimony by officials in action against insurer.

1. The state fire marshal, any deputy designated by the state fire marshal, the director of the Georgia Bureau of Investigation or the chief of a fire department of any municipal corporation or county where a fire department is established may request any insurance company investigating a fire loss of real or personal property to release any information in its possession relative to that loss. The company shall release the information to and cooperate with any official authorized to request such information pursuant to this Code section. The information to be released shall include, but is not limited to:
   1. Any insurance policy relevant to the fire loss under investigation and any application for such a policy;
   2. Policy premium payment records on the policy, to the extent available;
   3. Any history of previous claims made by the insured for fire loss with the reporting carrier; and
   4. Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other relevant evidence.
2. If an insurance company has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the company shall notify the state fire marshal and furnish him with all relevant material acquired by the company during its investigation of the fire loss. The insurer shall also cooperate with and take such action as may be requested of it by the state fire marshal's office or by any law enforcement agency of competent jurisdiction. The company shall also permit any person to inspect its records pertaining to the policy and to the loss if the person is authorized to do so by law or by an appropriate order of a superior court of competent jurisdiction.
3. In the absence of fraud or malice, no insurance company or person who furnishes information on its behalf shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken which is necessary to supply information required pursuant to this Code section.
4. The officials and departmental and agency personnel receiving any information furnished pursuant to this Code section shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding, provided that nothing contained in this Code section shall be deemed to prohibit representatives of the state fire marshal's office or other authorized law enforcement officials from discussing such matters with other agency or departmental personnel or with other law enforcement officials or from releasing or disclosing any such information during the conduct of their investigation, if the release or disclosure is necessary to enable them to conduct their investigation in an orderly and efficient manner; provided, further, that nothing contained in this Code section shall prohibit an insurance company which furnishes information to an authorized agency or agencies pursuant to this Code section from having the right to request relevant information and receive, within a reasonable time not to exceed 30 days, the information requested.
5. Any official referred to in subsection (a) of this Code section may be required to testify as to any information in his possession regarding the fire loss of real or personal property in any civil action against an insurance company for the fire loss in which any person seeks recovery under a policy.
6. 1. No person shall purposely refuse to release any information requested pursuant to subsection (a) of this Code section.
   2. No person shall purposely refuse to notify the state fire marshal of a fire loss required to be reported pursuant to subsection (b) of this Code section.
   3. No person shall purposely refuse to supply the state fire marshal with pertinent information required to be furnished pursuant to subsection (b) of this Code section.
   4. No person shall purposely fail to hold in confidence information required to be held in confidence by subsection (d) of this Code section.
7. Any person willfully violating this Code section shall be guilty of a misdemeanor.

   (Ga. L. 1977, p. 1232, § 1; Ga. L. 1981, p. 825, § 1; Ga. L. 1982, p. 3, § 25; Ga. L. 2005, p. 599, § 7/SB 146.)

Cross references. - Property insurance generally, T. 33, C. 32.

25-2-33.1. Reports of arson and suspected arson to state fire marshal and insurers; notification of payment of claim as to which report filed.

1. The fire department of each county and municipality and any other organized fire department operating within this state shall report every incident or suspected incident of arson to the local law enforcement agency, the state fire marshal, and every insurance company with a known pecuniary interest in the cause of the fire in which arson is involved or suspected to be involved. In any local jurisdiction where an organized fire department is not operating, the local law enforcement agency investigating a fire shall make the reports required by this Code section. Such reports shall be made on forms provided for that purpose by the state fire marshal.
2. Any insurance company which has received a report of an incident or suspected incident of arson under subsection (a) of this Code section shall not pay any claim relating thereto prior to notifying in writing the state fire marshal and local fire department of the date the claim is to be paid. (Code 1981, § 25-2-33.1 , enacted by Ga. L. 1982, p. 792, § 1.)

25-2-34. Cooperation with Commissioner, deputies and inspectors by Department of Public Safety and Georgia State Patrol.

The Department of Public Safety, the Georgia State Patrol, and the Georgia Bureau of Investigation shall cooperate with the Commissioner and his deputies and inspectors whenever called upon by him or them in enforcing this chapter. They shall make available to the Commissioner or his deputies and inspectors such facilities as lie detectors, broadcasting facilities, and other aid and devices as requested.

(Ga. L. 1949, p. 1057, § 24.)

25-2-35. Payment of sheriffs and other peace officers for assistance in determining causes of fires, etc.

The Commissioner is authorized to pay sheriffs and other peace officers reasonable fees for assistance given in assembling evidence as to the causes or criminal origin of fires and in apprehending persons guilty of arson.

(Ga. L. 1949, p. 1057, § 24.)

Cross references. - Arson and explosives, § 16-7-60 et seq.

25-2-36. Remedies for violations of provisions of chapter and rules, regulations, or orders of Commissioner - Injunctive relief.

In addition to the civil monetary penalty provided for in Code Section 25-2-37, the Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or any rule, regulation, or order issued by the Commissioner under this chapter. In particular, but not by way of limitation upon the authority granted in this Code section, the Commissioner may bring an action to enjoin any construction found to be in contravention of Code Section 25-2-13 or 25-2-14 or to obtain an order of court directing the immediate evacuation and the secure closure of any structure which, by reason of violation of any provision of this chapter or of any rule, regulation, or order issued by the Commissioner under this chapter, is found to pose an immediate threat to the property, health, or lives of the occupants of the structure. In order to avail himself of the remedies provided for in this Code section, it shall not be necessary for the Commissioner to allege or to prove the absence of an adequate remedy at law.

(Ga. L. 1972, p. 894, § 2.)

25-2-37. Locking exit doors; construction of building without approval of plans; civil penalties for violation of chapter or rules.

1. It shall be unlawful for any person to lock an exit door whether or not it is a required exit unless such provisions are allowed by this chapter or by any rule, regulation, or order issued by the Commissioner under this chapter.
2. It shall be unlawful for any person to begin construction on any proposed building or structure which comes under the classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which comes under the jurisdiction of the office of the Commissioner of Insurance pursuant to Code Section 25-2-12 without first having plans approved in accordance with Code Section 25-2-14.
3. Any person who violates this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty imposed by the Commissioner in accordance with the rules and regulations promulgated by the Commissioner.
4. Any person who violates this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty not to exceed $1,000.00 for each day that the violation persists after such person is notified of the Commissioner's intent to impose such penalty and of the right to a hearing with respect to same.
5. Any person violating subsection (a), (b), or (c) of this Code section shall be subject to a fine of not more than $1,000.00 for a first offense, not less than $1,000.00 and not more than $2,000.00 for a second offense, and not less than $2,000.00 and not more than $5,000.00 for a third or subsequent offense.

   (Ga. L. 1972, p. 894, § 2; Ga. L. 1992, p. 2186, § 11.)

25-2-38. Remedies for violations of provisions of chapter and rules, regulations, or orders of Commissioner - Criminal penalty.

Any person, firm, or corporation violating this chapter or failing or refusing to comply with any regulation promulgated under this chapter shall be guilty of a misdemeanor.

(Ga. L. 1949, p. 1057, § 32.)

25-2-38.1. Sovereign immunity; effect of this chapter on legal duties of property owners and lessees.

1. Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state, or any officer or employee thereof, in carrying out the provisions of this chapter. No action shall be maintained against the state, any municipality, county, or any officer, elected officer or employees thereof, for damages sustained as a result of any fire or related hazard covered in this chapter by reason of any inspection or other action taken or not taken pursuant to this chapter.
2. Nothing in this chapter shall be construed to relieve any property owner or lessee thereof from any legal duty, obligation, or liability incident to the ownership, maintenance, or use of such property.

   (Ga. L. 1981, p. 1779, § 9.)

Cross references. - Nonliability of counties in absence of statute, § 36-1-4 .

Liability of municipal corporations for acts or omissions of officers, T. 36, C. 33.

Immunity of state and political subdivisions for emergency management activities, § 38-3-35 .

Immunity of officers, members, and others of county and municipal fire departments from liability for acts performed while fighting fires or for acts performed at scenes of emergency, §§ 51-1-29 , 51-1-30 .

25-2-39. Construction of chapter.

It is declared that this chapter is necessary for the public safety, health, peace, and welfare, is remedial in nature, and shall be construed liberally.

(Ga. L. 1949, p. 1057, § 30.)

25-2-40. Smoke detectors required in new dwellings and dwelling units; exceptions.

1. 1. Except as otherwise provided in subsection (f) of this Code section, on and after July 1, 1987, every new dwelling and every new dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory shall be provided with an approved listed smoke detector installed in accordance with the manufacturer's recommendations and listing.
   2. On and after July 1, 1994, every dwelling and every dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory which was constructed prior to July 1, 1987, shall have installed an approved battery operated smoke detector which shall be maintained in good working order unless any such building is otherwise required to have a smoke detector system pursuant to Code Section 25-2-13.
   3. On and after July 1, 2001, every patient sleeping room of every nursing home shall be provided with no less than an approved listed battery operated single station smoke detector installed in accordance with their listing. Such detectors shall be maintained in good working order by the operator of such nursing home. This paragraph shall not apply to nursing homes equipped with automatic sprinkler systems.
2. In dwellings, dwelling units, and other facilities listed in subsection (a) of this Code section, a smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling or dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics; provided, however, that hotels and motels which are protected throughout by an approved supervised automatic sprinkler system installed in accordance with the rules and regulations of the Commissioner shall be exempt from the requirement to install smoke detectors in interior corridors but shall be subject to all other applicable requirements imposed under Code Section 25-2-13.
3. In dwellings, dwelling units, and other facilities listed in paragraph (1) of subsection (a) of this Code section with split levels, a smoke detector need be installed only on the upper level, provided the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Such detectors shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping areas.
4. Detectors shall be listed and meet the installation requirements of NFPA 72. In addition, a one and one-half hour emergency power supply source is required on all detection systems required by this chapter and permitted after April 1, 1992, except where battery operated smoke detectors are allowed.
5. Any complete automatic fire alarm system using automatic smoke detectors shall be installed in accordance with NFPA 72.
6. 1. The provisions of this Code section may be enforced by local building and fire code officials in the case of residential buildings which are not covered by Code Section 25-2-13; provided, however, that this Code section shall not establish a special duty on said officials to inspect such residential facilities for compliance with this Code section; provided, further, that inspections shall not be conducted for the purpose of determining compliance with this Code section absent reasonable cause to suspect other building or fire code violations. The jurisdiction enforcing this Code section shall retain any fines collected pursuant to this subsection.
   2. Any occupant who fails to maintain a smoke detector in a dwelling, dwelling unit, or other facility, other than a nursing home, listed in subsection (a) of this Code section in good working order as required in this Code section shall be subject to a maximum fine of $25.00, provided that a warning shall be issued for a first violation.
   3. Any operator of a nursing home who fails to install and maintain the smoke detectors required under paragraph (3) of subsection (a) of this Code section shall be sanctioned in accordance with Code Section 31-2-8.
7. Failure to maintain a smoke detector in good working order in a dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section in violation of this Code section shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or occupancy of such dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section.
8. The Safety Fire Commissioner is authorized and encouraged to inform the public through public service announcements of the availability of a limited number of battery operated smoke detectors which may be obtained by persons in need without charge from the office of Safety Fire Commissioner or local fire departments. (Code 1981, § 25-2-40 , enacted by Ga. L. 1987, p. 989, § 1; Ga. L. 1992, p. 2186, § 12; Ga. L. 1994, p. 1235, § 1; Ga. L. 2001, p. 860, § 1; Ga. L. 2009, p. 453, § 1-9/HB 228; Ga. L. 2011, p. 705, § 4-7/HB 214; Ga. L. 2015, p. 5, § 25/HB 90.)

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, deleted "the" preceding "Safety Fire Commissioner" near the end of subsection (h).

Law reviews. - For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011). For annual survey article on real property law, see 52 Mercer L. Rev. 383 (2000). For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1995, "Commissioner" was substituted for "commissioner" in subsection (b); and "battery operated" was substituted for "battery-operated" in subsections (d) and (h).

25-3-1. General powers of fire departments.

Any fire department of a county, municipality, or other political subdivision and any chartered fire department shall have the authority to:

1. Protect life and property against fire, explosions, hazardous materials, or electrical hazards;
2. Detect and prevent arson;
3. Administer and enforce the laws of this state; the rules and regulations adopted by the departments, boards, bureaus, commissions, and agencies of this state; and any ordinances, rules, regulations, or codes adopted by the county, municipality, or other political subdivision of this state that are related to the prevention and suppression of fires, explosions, or injuries from hazardous materials and explosions and the protection of life and property from such hazards;
4. Conduct programs of public education in fire prevention and safety;
5. Conduct emergency medical services and rescue assistance, subject to Chapter 11 of Title 31 and subject to the approval of the county, municipality, or other political subdivision;
6. Control and regulate the flow of traffic in areas of existing emergencies, including rail, highway, water, and air traffic; and
7. Perform all such services of a fire department as may be provided by law or which necessarily appertain thereto.

   (Ga. L. 1980, p. 1395, § 1.)

25-3-2. Powers of fire departments in event of emergencies generally.

In the event of any fire, explosion, bomb threat, or similar emergency, the fire department in any county, municipality, or other political subdivision shall be authorized to:

1. Enter any property, building, structure, vehicle, watercraft, aircraft, railroad car, or other place for the purpose of fighting the fire, explosion, or similar hazardous conditions or searching for a bomb or enter any such place which is, in the opinion of the chief officer of the fire department or his designee, endangered by fire, explosion, bomb threat, or similar hazardous conditions;
2. Cut any wires, electrical or otherwise, or turn off any utility, as deemed necessary to preserve life or property;
3. Prevent the blocking of any public or private street, road or alley, way or driveway, or emergency lane during any such emergency and remove any vehicles or other obstructions necessary;
4. Confiscate supplies, chemicals, or equipment necessary for such emergency;
5. Make any necessary tests; and
6. Evacuate any building or area necessary.

   (Ga. L. 1980, p. 1395, § 2; Ga. L. 1983, p. 3, § 18; Ga. L. 1989, p. 271, § 1.)

Cross references. - Liability of members of fire departments for acts performed while fighting fires or for acts performed at scenes of emergencies, § 51-1-30 .

25-3-3. Provision of assistance during emergencies to federal agencies or officers and state, or political subdivisions.

Any fire department may provide assistance to any agency or officer of the United States government, of this state, or of any political subdivision or authority thereof as may be needed to respond to any emergency or disaster, including, but not limited to, floods, sabotage, civil disturbance, fire, earthquake, wind, storm, wave action, oil spill or other water contamination, epidemic, air contamination, blight, drought, infestation, explosion, riot, or energy emergency, as defined by Chapter 3 of Title 38, or to respond to hazardous materials as defined by Article 7 of Chapter 5 of Title 32.

(Ga. L. 1980, p. 1395, § 4.)

25-3-4. Authority of counties, municipalities, or other political subdivisions to enact ordinances, regulations, or codes.

The governing body of each county, municipality, or other political subdivision of the state shall have the power to enact such ordinances, regulations, or fire and life safety codes as may be necessary to carry out this article.

(Ga. L. 1980, p. 1395, § 3; Ga. L. 1984, p. 1000, § 1.)

25-3-5. Operation of other fire departments within municipalities or counties.

Nothing within this article shall be construed so as to permit a county or other fire department to operate within the limits of a municipality except by written or oral contract with the municipality. Nothing within this article shall be construed so as to permit a municipal fire department to operate in the unincorporated area of a county except by written or oral contract with the county.

(Ga. L. 1980, p. 1395, § 5; Ga. L. 1984, p. 1000, § 1.)

25-3-6. Effect of article on powers and duties of other officials and departments.

This article shall not affect the duties, powers, or responsibilities of the Safety Fire Commissioner, the state fire marshal, the sheriff's office, the Department of Public Safety, local law enforcement agencies, the Department of Agriculture, the Department of Natural Resources, the State Forestry Commission, the Department of Transportation, the Department of Defense, or the Department of Public Health.

(Ga. L. 1980, p. 1395, § 6; Ga. L. 1984, p. 1000, § 1; Ga. L. 1994, p. 1758, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2012, p. 775, § 25/HB 942.)

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, substituted "the State Forestry Commission" for "the Georgia Forestry Commission" in this Code section.

Law reviews. - For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

25-3-20. Legislative intent.

It is the intention of the General Assembly of Georgia to establish minimum requirements for all fire departments operating in this state. The General Assembly recognizes that fire departments operating in this state cannot function effectively and efficiently as full-time fire departments without meeting or exceeding the minimum requirements established by this article.

(Code 1981, § 25-3-20 , enacted by Ga. L. 1984, p. 1000, § 3.)

25-3-21. Definitions.

As used in this article, the term:

1. "Executive director" means the executive director of the Georgia Firefighter Standards and Training Council.
2. 1. "Fire department" means any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2.
   2. "Fire department" also means any department, agency, organization, or company operating in this state with the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department. These duties, functions, powers, and responsibilities include but are not limited to the protection of life and property against fire, explosions, or other hazards.
3. "Firefighter" means any able-bodied person at least 18 years of age who has been duly appointed by a legally constituted fire department and who has the responsibility of preventing and suppressing fires, protecting life and property, and performing other duties enumerated in Code Sections 25-3-1 and 25-3-2 . (Code 1981, § 25-3-2 1, enacted by Ga. L. 1984, p. 1000, § 3; Ga. L. 1985, p. 1493, § 1; Ga. L. 1995, p. 341, § 1.)

25-3-22. Notification and documentation that organization meets requirements; issuance of certificate of compliance.

In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify and submit all required documentation to the executive director that demonstrates that the organization meets the minimum requirements specified in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council to function as a fire department. If the executive director is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council, he or she shall recommend to the Georgia Firefighter Standards and Training Council that a certificate of compliance be issued by the council to the fire department. If the council issues such certificate of compliance, the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2.

(Code 1981, § 25-3-22 , enacted by Ga. L. 1984, p. 1000, § 3; Ga. L. 1995, p. 341, § 2; Ga. L. 1998, p. 560, § 1; Ga. L. 2003, p. 888, § 1; Ga. L. 2016, p. 64, § 1/HB 727.)

The 2016 amendment, effective April 26, 2016, in the first sentence of this Code section, substituted "notify and submit all required documentation to the executive director that demonstrates that" for "notify the executive director that" near the middle, and substituted "executive director" for "council" at the beginning of the second sentence.

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

25-3-23. General requirements; equipment and clothing; insurance.

1. Except as otherwise provided in subsection (c) of this Code section, in order to be legally organized:
   1. A fire department shall comply with the following requirements:
      1. Be established to provide fire and other emergency and nonemergency services in accordance with standards specified solely by the Georgia Firefighter Standards and Training Council and the applicable local government;
      2. Be capable of providing fire protection 24 hours a day, 365 days per year;
      3. Be responsible for a defined area of operations depicted on a map located at the fire station, which area of operations shall have been approved and designated by the governing authority of the applicable county, municipality, or other political subdivision in the case of any county, municipal, or volunteer fire department; and
      4. Be staffed with a sufficient number of full-time, part-time, or volunteer firefighters who have successfully completed basic firefighter training as specified by the Georgia Firefighter Standards and Training Council; and
   2. A fire department shall possess the following items of approved equipment and protective clothing:
      1. A minimum of one fully equipped, operable pumper with a capacity of at least 750 GPM at 150 PSI and a tank capacity of a minimum of 250 gallons; provided, however, that previously approved fire apparatus which does not meet such minimum standards may be used in lieu of the minimum required pumper until replaced by the local authority;
      2. A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in Code Sections 25-3-1 and 25-3-2 as approved by the Georgia Firefighter Standards and Training Council;
      3. A minimum of two approved self-contained breathing apparatus for each pumping apparatus as approved by the Georgia Firefighter Standards and Training Council; and
      4. A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter.
2. 1. A legally organized fire department shall provide and maintain sufficient insurance coverage on each member of the fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions.
   2. 1. As used in this paragraph, the term:
         1. "Cancer" means bladder, blood, brain, breast, cervical, esophageal, intestinal, kidney, lymphatic, lung, prostate, rectum, respiratory tract, skin, testicular, and thyroid cancer; leukemia; multiple myeloma; or non-Hodgkin's lymphoma.
         2. "Firefighter" means a firefighter as defined in Code Section 25-4-2.
         3. "Volunteer" means a volunteer as defined in Code Section 25-4-2.
      2. On and after January 1, 2018, a legally organized fire department shall provide and maintain sufficient insurance coverage on each member of the fire department who is a firefighter to pay claims for cancer diagnosed after having served 12 consecutive months as a firefighter with such fire department. Such insurance benefits shall include at minimum the following:
         1. (I) A lump sum benefit of $25,000.00 subject to limitations specified in the insurance contract and based on severity of cancer and payable to such firefighter upon submission to the insurance carrier or other payor of acceptable proof of diagnosis by a physician board certified in the medical specialty appropriate for the type of cancer involved that there are one or more malignant tumors characterized by the uncontrollable and abnormal growth and spread of malignant cells with invasion of normal tissue and that:

            (a) Surgery, radiotherapy, or chemotherapy is medically necessary;

            (b) There is metastasis; or

         2. Payable as a result of a specific injury or illness to begin six months after disability and submission to the insurance carrier or other payor of acceptable proof of disability precluding service as a firefighter and continuing for up to 36 consecutive monthly payments:
            1. A monthly benefit equal to 60 percent of the member's monthly salary as an employed firefighter with the fire department or a monthly benefit of $5,000.00, whichever is less; or
            2. If the member is a volunteer, a monthly benefit of $1,500.00.
      3. The combined total of all benefits received by any firefighter under subdivisions (B)(i)(I) and (B)(i)(II) of this paragraph during his or her lifetime shall not exceed $50,000.00.
      4. With the exception of the benefit under subdivision (B)(ii)(I) of this paragraph, any person who was simultaneously a member of more than one fire department at the time of diagnosis shall not be entitled to receive benefits under this paragraph from or on behalf of more than one of such fire departments. In the event a volunteer of one fire department is simultaneously employed by another fire department, the fire department for which such person is a volunteer shall not be required to maintain the coverage on such volunteer otherwise required under this subsection during the period of such employment. Any member who receives benefits under division (ii) of subparagraph (B) of this paragraph may be required to have his or her condition reevaluated; in the event any such reevaluation reveals that such person has regained the ability to perform duties as a firefighter, then his or her benefits under division (ii) of subparagraph (B) of this paragraph shall cease. Benefits under said division shall also cease upon the death of such person. A member who, after at least one year as a firefighter, departs from employment, ceases to be an active volunteer, or retires shall be entitled to continue his or her coverages under this paragraph through a continuation or conversion to individual coverage. The departing member shall be responsible for payment of all premiums.
      5. In addition to any other purpose authorized under Chapter 8 of Title 33, county governing authorities and municipal governing authorities may use proceeds from county and municipal taxes imposed under said chapter for purposes of providing insurance pursuant to this paragraph.
      6. Funds received as premiums for the coverages specified in this paragraph shall not be subject to premium taxes under Chapter 8 of Title 33.
      7. The computation of premium amounts by an insurer for the coverages under this paragraph shall be subject to generally accepted adjustments from insurance underwriting.
3. The firefighter has terminal cancer, is expected to die within 24 months or less from the date of diagnosis, and will not benefit from, or has exhausted, curative therapy; or

   (II) A lump sum benefit of $6,250.00 subject to limitations specified in the insurance contract and based on severity of cancer and payable to such firefighter upon submission to the insurance carrier or other payor of acceptable proof of diagnosis by a physician board certified in the medical specialty appropriate for the type of cancer involved that:

   (a) There is carcinoma in situ such that surgery, radiotherapy, or chemotherapy has been determined to be medically necessary;

   (b) There are malignant tumors which are treated by endoscopic procedures alone;

   (c) There are malignant melanomas; or

4. There is a tumor of the prostate, provided that it is treated with radical prostatectomy or external beam therapy; and The benefit under subdivision (I) or (II) of this division, as applicable, shall be subordinate to any other benefit actually paid to the firefighter for such disability from any other source, not including insurance purchased solely by the firefighter, and shall be limited to the difference between the amount of such other paid benefit and the amount specified under subdivision (I) or (II) of this division, as applicable. (c) The Georgia Firefighter Standards and Training Council shall be authorized to adopt such rules and regulations as are reasonable and necessary to implement the provisions of this Code section and to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a) and (b) of this Code section. (Code 1981, § 25-3-23 , enacted by Ga. L. 1984, p. 1000, § 3; Ga. L. 1985, p. 149, § 25; Ga. L. 1990, p. 354, § 1; Ga. L. 1995, p. 341, § 3; Ga. L. 1998, p. 560, § 2; Ga. L. 2003, p. 888, § 2; Ga. L. 2005, p. 60, § 25/HB 95; Ga. L. 2017, p. 336, § 1/HB 146; Ga. L. 2018, p. 1112, § 25/SB 365.)

The 2017 amendment, effective January 1, 2018, substituted the present provisions of subsection (b) for the former provisions, which read: "A legally organized fire department shall purchase and maintain sufficient insurance coverage on each member of the fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions."; and, in subsection (c), substituted "The" for "On and after July 1, 1998, the," at the beginning and substituted "to adopt such rules and regulations as are reasonable and necessary to implement the provisions of this Code section and" for ", by rules and regulations," in the middle.

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, revised punctuation at the end of subdivision (b)(2)(B)(i)(II)(a).

25-3-24. Authority of executive director to determine compliance.

The executive director may consult with and consider the recommendations of the director of the State Forestry Commission, the director of the Georgia Fire Academy, the state fire marshal, and the governing authority of any county or municipality in which the fire department is located to determine if individual fire departments are complying with the minimum provisions of this article and serving the best interests of the citizens of the area of its operations.

(Code 1981, § 25-3-24 , enacted by Ga. L. 1984, p. 1000, § 3; Ga. L. 1995, p. 341, § 4; Ga. L. 2015, p. 5, § 25/HB 90.)

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "State Forestry Commission" for "Georgia Forestry Commission" near the beginning of this Code section.

25-3-25. Suspension or revocation of certificate of compliance; hearing by aggrieved departments; enforcement of suspensions or revocations.

1. The certificate of compliance issued by the council shall be subject to suspension or revocation by the council at any time it receives satisfactory evidence that the fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25-3-23 or the rules and regulations of the Georgia Firefighter Standards and Training Council pursuant to subsection (c) of Code Section 25-3-23.
2. The chief administrative officer of any fire department aggrieved by a decision of the council under subsection (a) of this Code section may, within 30 days of the date of such decision, request a hearing on the matter before the council. Following a hearing before the council, the chief administrative officer of the fire department affected shall be served with a written decision of the council announcing whether the certificate of compliance shall remain revoked or suspended or whether it shall be reinstated.
3. The council shall not suspend or revoke any certificate of compliance for failure to meet firefighter training requirements when such failure was due to unavailability of required training from or through the Georgia Fire Academy.
4. The council may refer suspensions or revocations to the Attorney General for enforcement. Upon referral from the council, the Attorney General may bring a civil action to enjoin any organization which is not in compliance with the applicable requirements of this chapter from performing any or all firefighting functions until such requirements are met by such organization. (Code 1981, § 25-3-25 , enacted by Ga. L. 1984, p. 1000, § 3; Ga. L. 1995, p. 341, § 5; Ga. L. 1998, p. 560, § 3; Ga. L. 2003, p. 888, § 3; Ga. L. 2005, p. 60, § 25/HB 95.)

25-3-26. Duty of executive director to cooperate with fire department.

The executive director shall cooperate with newly formed and existing fire departments to ensure that all fire departments in this state are in compliance with the provisions of this article by July 1, 1986.

(Code 1981, § 25-3-26 , enacted by Ga. L. 1984, p. 1000, § 3; Ga. L. 1985, p. 149, § 25; Ga. L. 1995, p. 341, § 6.)

25-3-27. Construction of article.

This article shall not be construed to amend, modify, or repeal any of the provisions of Chapter 4 of this title, known as the "Georgia Firefighter Standards and Training Act," nor shall this article be construed to restrict the requirements of any other provisions relating to fire departments, equipment, or personnel.

(Code 1981, § 25-3-27 , enacted by Ga. L. 1984, p. 1000, § 3; Ga. L. 1992, p. 6, § 25.)

25-4-1. Short title.

This chapter shall be known and may be cited as the "Georgia Firefighter Standards and Training Act."

(Ga. L. 1971, p. 693, § 1.)

25-4-2. Definitions.

As used in this chapter, the term:

1. "Airport" means any airport located in this state which has regularly scheduled commercial air carrier service or commuter airline service as required for certification under Section 139.49 of the Federal Aviation Administration regulations.
2. "Airport firefighter" means any person assigned to any airport located in this state who performs the duties of aircraft fire fighting or rescue.
3. "Candidate" means a prospective firefighter who has not yet been certified by the council as having met the requirements of this chapter.
4. "Certified firefighter" or "state certified firefighter" means any firefighter who has been certified by the council as having met the requirements of this chapter.
5. "Council" means the Georgia Firefighter Standards and Training Council.

   (5.1) "Fire department" shall have the same meaning as provided in Code Section 25-3-21.

6. "Firefighter" means a recruit or a trained individual who is a full-time employee, part-time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which may include without limitation fire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighter's assignments may vary based on geographic, climatic, and demographic conditions or other factors including training, experience, and ability.
7. "Full-time" means employed for compensation on a basis of at least 40 hours per week by any municipal, county, state, or private incorporated fire department.
8. "Part-time" means employed for compensation on less than a full-time basis by any municipal, county, state, or private incorporated fire department.

   (8.1) "Recruit" means a prospective firefighter who has not yet been certified or registered by the council as having met the requirements of Code Section 25-4-8 and the rules and regulations to be a firefighter as provided for by the council.

9. "Volunteer" means not employed for compensation by but appointed and regularly enrolled to serve as a firefighter for any municipal, county, state, or private incorporated fire department.

   (Ga. L. 1971, p. 693, § 2; Ga. L. 1987, p. 373, § 1; Ga. L. 2003, p. 888, § 4; Ga. L. 2005, p. 619, § 1/SB 308; Ga. L. 2008, p. 243, § 2/SB 414; Ga. L. 2016, p. 64, § 2/HB 727.)

The 2016 amendment, effective April 26, 2016, inserted "a recruit or" near the beginning of paragraph (6); and added paragraph (8.1).

Editor's notes. - Ga. L. 1980, p. 1242, § 1 purported to amend this Code section. However, since it has been determined that the 1980 Act, which dealt with airport firefighters, was intended to be a new Act (see Editor's note at Art. 2 of this chapter), § 1 of the 1980 Act was codified at § 25-4-30 , which was subsequently repealed by Ga. L. 2005, p. 619, § 4/SB 308, effective July 1, 2005.

Ga. L. 2008, p. 243, § 1/SB 414, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the '2008 Georgia Firefighter Standards and Training Council Act.'"

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

25-4-3. Georgia Firefighter Standards and Training Council - Establishment and organization; advisory committee; expenses and allowances.

1. The Georgia Firefighter Standards and Training Council is established. The council shall be composed of 11 members, one of whom shall be the Safety Fire Commissioner or the designated representative of the Safety Fire Commissioner. Two members shall be appointed by the Lieutenant Governor. Two members shall be appointed by the Speaker of the House of Representatives. The remaining six members shall be appointed by the Governor subject to the following requirements:
   1. One member shall be a member of the governing authority of a county;
   2. One member shall be a member of the governing authority of a municipality;
   3. One member shall be a city or county manager;
   4. One member shall be the chief of a county or municipal fire department; and
   5. Two members shall be state certified firefighter training officers.
2. The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor. However, the Governor may consider for appointment to the council persons suggested for membership thereon as follows:
   1. The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section;
   2. The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of subsection (a) of this Code section;
   3. The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to paragraph (3) of subsection (a) of this Code section;
   4. The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of subsection (a) of this Code section; and
   5. The Executive Board of the Georgia State Firemen's Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of subsection (a) of this Code section.
3. 1. The first members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed to take office on January 1, 1986. The two members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed for initial terms of one year, the two members appointed pursuant to paragraphs (3) and (4) of subsection (a) of this Code section shall be appointed for initial terms of two years, and the two members appointed pursuant to paragraph (5) of subsection (a) of this Code section shall be appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as the respective terms of office expire.
   2. The members appointed by the Lieutenant Governor and the members appointed by the Speaker of the House of Representatives shall each serve for terms concurrent with terms of members of the General Assembly.
   3. All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the council for any reason, including ceasing to hold an office or position required for membership on the council, the Governor shall fill such vacancy for the unexpired term; except that a vacancy in either of those members of the council appointed by the Lieutenant Governor or the Speaker of the House of Representatives shall be filled for the remainder of the unexpired term in the same manner as the original appointment. In order for the Governor to consider the names of persons suggested for membership on the council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial members of the council who take office on January 1, 1986. The Governor shall be authorized, but not required, to request the appropriate organization designated in subsection (b) of this Code section to suggest the names of three persons for the Governor's consideration in making an appointment to fill a vacancy.
4. At the first regular meeting of the council held in each even-numbered year, the council shall elect a chairperson and such other officers from its own membership as it deems necessary to serve until successors are elected by the council as provided in this subsection.
5. The council may, from time to time, designate an advisory committee of not more than three members to assist and advise the council in carrying out its duties under this chapter. The members of any such advisory committee shall serve at the pleasure of the council.
6. Each member of the council and each member of an advisory committee of the council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of professional licensing boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety.

   (Ga. L. 1971, p. 693, § 3; Ga. L. 1976, p. 1725, § 9; Ga. L. 1985, p. 1493, § 2; Ga. L. 1986, p. 10, § 25; Ga. L. 2000, p. 1706, § 19; Ga. L. 2003, p. 888, § 5; Ga. L. 2004, p. 631, § 25; Ga. L. 2015, p. 5, § 25/HB 90.)

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "11 members" for "eleven members" in the second sentence of the introductory paragraph of subsection (a).

Administrative Rules and Regulations. - Organization of Georgia Firefighters Minimum Standards Council and the minimum standards and qualifications of firefighters, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Firefighter Standards and Training Council, Chapters 205-1-1 and 205-2-1.

25-4-4. Georgia Firefighter Standards and Training Council - Eligibility of members for public office.

Membership on the council does not constitute public office, and no member shall be disqualified from holding public office by reason of his membership.

(Ga. L. 1971, p. 693, § 4; Ga. L. 1977, p. 549, § 1.)

25-4-5. Georgia Firefighter Standards and Training Council - Administrative assignment to Department of Public Safety; source of funds; authority to accept gifts, etc.

The council is assigned to the Department of Public Safety for administrative purposes. The funds necessary to carry out this chapter shall come from funds appropriated to and available to the council and from any other available funds. The council is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this chapter. The council is also authorized to accept and use property, both real and personal, and services for the purpose of carrying out this chapter.

(Ga. L. 1971, p. 693, § 4; Ga. L. 1976, p. 1725, § 9; Ga. L. 1977, p. 549, § 1.)

Cross references. - Assignment for administrative purposes, § 50-4-3 .

25-4-6. Georgia Firefighter Standards and Training Council - Meetings; quorum; annual report.

The business of the council shall be conducted in the following manner:

1. The council shall hold at least two regular meetings each year at the call of the chairperson or upon the written request of six members of the council. Six members of the council shall constitute a quorum. The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties; and
2. The council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in the report its recommendations for appropriate legislation. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient.

   (Ga. L. 1971, p. 693, § 5; Ga. L. 1985, p. 1493, § 3; Ga. L. 2005, p. 1036, § 21/SB 49; Ga. L. 2008, p. 243, § 3/SB 414; Ga. L. 2010, p. 878, § 25/HB 1387.)

Editor's notes. - Ga. L. 2008, p. 243, § 1/SB 414, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the '2008 Georgia Firefighter Standards and Training Council Act.'"

25-4-7. Georgia Firefighter Standards and Training Council - Functions and powers.

The council is vested with the following functions and powers:

1. To promulgate rules and regulations for the administration of the council;
2. To provide rules of procedure for its internal management and control;
3. To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter;
4. To establish uniform minimum standards for the employment and training of full-time, part-time, or volunteer firefighters, airport firefighters, fire and life safety educators, fire inspectors, fire investigators, and other such firefighting service professionals as determined by the council including qualifications, certifications, recertifications, decertifications, and probations for certified individuals and suspensions for noncertified individuals, and requirements, which are consistent with this chapter;
5. To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighter recruits or full-time, part-time, or volunteer firefighters, airport firefighters, fire and life safety educators, fire inspectors, and fire investigators;
6. To approve institutions and facilities for school operation by or for any employing agency for the specific purpose of training firefighters and firefighter recruits, including airport firefighters;
7. To make or support studies on any aspect of fire-fighting education and training or recruitment;
8. To make recommendations concerning any matter within its purview;
9. To establish basic firefighter training requirements for full-time, part-time, contract, and volunteer firefighters, including airport firefighters;
10. To certify any person satisfactorily complying with the training program established in accordance with paragraph (9) of this Code section and the qualifications for employment covered in this chapter; and
11. To issue a certificate to any person who has received training in another state or who has received training as a federal firefighter by the United States government, when the council has determined that the training was at least equivalent to that required by the council for approved firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter.

    (Ga. L. 1971, p. 693, § 6; Ga. L. 2003, p. 888, § 6; Ga. L. 2005, p. 619, § 2/SB 308; Ga. L. 2008, p. 243, § 4/SB 414; Ga. L. 2016, p. 64, § 3/HB 727.)

The 2016 amendment, effective April 26, 2016, substituted "fire inspectors, fire investigators, and other such firefighting service professionals as determined by the council" for "fire inspectors, and fire investigators," in the middle of paragraph (4); and inserted "contract," in paragraph (9).

Editor's notes. - Ga. L. 2008, p. 243, § 1/SB 414, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the '2008 Georgia Firefighter Standards and Training Council Act.'"

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

25-4-7.1. Appointment and compensation of executive director; assistants.

1. The council shall appoint and establish the compensation of an executive director who shall serve at the pleasure of the council.
2. The executive director may contract for such services and employ such other professional, technical, and clerical personnel as may be necessary and convenient to carry out the purposes of this chapter. (Code 1981, § 25-4-7.1 , enacted by Ga. L. 2003, p. 888, § 7.)

25-4-8. Qualifications of firefighters generally.

1. Except as provided in Code Section 25-4-12, any employee, volunteer, or private contractor of a fire department operating in this state or certified as a firefighter shall, as prescribed by the council:
   1. Be at least 18 years of age;
   2. Not have been convicted of, or pleaded guilty to, a felony in any jurisdiction or of a crime which if committed in this state would constitute a felony under the laws of this state within ten years prior to employment, provided that a person who has been convicted of a felony more than five but less than ten years prior to employment may be certified and employed as a firefighter when the person has:
      1. Successfully completed a training program following the Georgia Fire Academy curriculum and sponsored by the Department of Corrections;
      2. Been recommended to a fire department by the proper authorities at the institution at which the training program was undertaken; and
      3. Met all other requirements as set forth in this chapter.

         The council shall be the final authority with respect to authorizing the employment, appointment, and certification of a person who has been convicted of a felony more than five but less than ten years prior to seeking employment when the person is seeking employment as a firefighter for any municipal, county, or state fire department which employs three or more firefighters who work a minimum of 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county, and state codes, as well as enforcing any law pertaining to the prevention and control of fires;

   3. Have a good moral character as determined by investigation under procedure approved by the council;
   4. Be fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record;
   5. Be in good physical condition as determined by a medical examination and successfully pass the minimum physical agility requirements as established by the council; and
   6. Possess or achieve within 12 months after employment a high school diploma or a general education development equivalency, provided that the council may by rule or regulation prescribe for the waiver of such requirement.
2. For the purposes of this Code section, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of law to remove a disability under law because of such conviction. Any person convicted of a felony while he or she is a certified firefighter shall have his or her certification revoked.
3. 1. For the purposes of making determinations relating to eligibility under this Code section, a local fire department shall provide information relative to prospective employees to the local law enforcement agency and a state fire department shall provide information relative to prospective employees to a state law enforcement agency. Such local or state law enforcement agency shall be authorized to obtain conviction data with respect to such prospective employees of a local or state fire department as authorized in this subsection. The local or state law enforcement agency shall submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the local or state law enforcement agency in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the local or state law enforcement agency shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this subsection and except to any person or agency which otherwise has a legal right to inspect the employment file. All such records shall be maintained by the local or state law enforcement agency pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, "conviction data" means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought.
   2. The local or state law enforcement agency shall provide to the chief of the fire department which requested information on an applicant any criminal data indicating that the applicant was convicted of a felony. Such information may be provided to the council. The provisions of paragraph (1) of this subsection relating to privileged information and records of conviction data shall apply to any information provided by a law enforcement agency to a fire department.

      (Ga. L. 1971, p. 693, § 7; Ga. L. 1977, p. 1224, § 7; Ga. L. 1980, p. 601, § 1; Ga. L. 1982, p. 989, §§ 1, 2; Ga. L. 1983, p. 3, § 18; Ga. L. 1985, p. 283, § 1; Ga. L. 1995, p. 325, § 1; Ga. L. 2008, p. 243, § 5/SB 414; Ga. L. 2012, p. 83, § 1/HB 247; Ga. L. 2016, p. 64, § 4/HB 727; Ga. L. 2018, p. 202, § 1/HB 699.)

The 2012 amendment, effective July 1, 2012, in subsection (b), deleted "of paragraph (2) of subsection (a)" preceding "of this Code section" near the beginning of the first sentence, and added the last sentence; and deleted "paragraph (2) of subsection (a) of" preceding "this Code section" in the first sentence of paragraph (c)(1).

The 2016 amendment, effective April 26, 2016, substituted the present provisions of subsection (a) for the former provisions, which read: "Except as provided in Code Section 25-4-12, any person employed or certified as a firefighter shall:"; inserted ", or pleaded guilty to," near the beginning of paragraph (a)(2); and, in the ending paragraph following subparagraph (a)(2)(C), substituted "the employment, appointment, and certification" for "employment and certification".

The 2018 amendment, effective July 1, 2018, added the proviso at the end of paragraph (a)(6).

Cross references. - Qualifications of peace officers generally, § 35-8-8 .

Editor's notes. - Ga. L. 2008, p. 243, § 1/SB 414, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the '2008 Georgia Firefighter Standards and Training Council Act.'"

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

25-4-9. Basic firefighter training course; transfer of certification.

1. 1. Except as otherwise provided in paragraph (2) of this subsection, full-time, part-time, and volunteer firefighters, including airport firefighters, shall successfully complete a basic training course. The council shall determine the course content, number of hours, and all other matters relative to basic firefighter training, including airport rescue firefighter training. Upon satisfactory completion of such basic training, a firefighter shall be issued a certificate of completion evidencing the same. Each firefighter shall be required to successfully complete such basic training course within 12 months after being employed or appointed as a firefighter or, in the case of airport firefighters, within such time period as the council may prescribe by rule or regulation.
   2. Each firefighter who presents to the council satisfactory documentation, as determined by the council, of his or her training as a member of the United States armed forces, the Georgia National Guard, or the Georgia Air National Guard shall be issued a certificate of completion by the council.
2. A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subsequently employing fire department, transfer such certification to the employing fire department.
3. Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section.

   (Ga. L. 1971, p. 693, § 8; Ga. L. 1985, p. 1493, § 4; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11; Ga. L. 2003, p. 888, § 8; Ga. L. 2005, p. 619, § 3/SB 308; Ga. L. 2018, p. 202, § 2/HB 699.)

The 2018 amendment, effective July 1, 2018, designated the existing provisions of subsection (a) as paragraph (a)(1); substituted "Except as otherwise provided in paragraph (2) of this subsection, full-time," for "Full-time," at the beginning of paragraph (a)(1); and added paragraph (a)(2).

25-4-10. Mandatory annual training.

As a condition of continued certification, all firefighters shall train, drill, or study at schools, classes, or courses at the local, area, or state level, as specified by the council. Authorized leaves of absence are expected.

(Ga. L. 1971, p. 693, § 11; Ga. L. 2003, p. 888, § 9.)

25-4-11. Adoption of higher training requirements by employing agencies.

This chapter shall provide only the minimum qualification standards in training requirements for firefighters in this state and does not restrict any employing agency from setting and establishing requirements that exceed these minimum standards.

(Ga. L. 1971, p. 693, § 9.)

25-4-12. Applicability of chapter.

Except as otherwise provided in Article 2, nothing in this chapter shall apply to firefighters employed on July 1, 1971, and such firefighters are not required to meet the requirements of Code Section 25-4-8 or Code Section 25-4-9 as a condition of tenure or continued employment; nor shall their failure to fulfill such requirements make them ineligible for any promotional examination for which they are otherwise eligible, affect in any way any pension rights to which they are otherwise eligible, or affect in any way pension rights to which they may be entitled on July 1, 1971. The council shall have the authority to investigate qualifications of, and in its discretion to issue certificates to, those previously trained firefighters employed on July 1, 1971.

(Ga. L. 1971, p. 693, § 10.)

25-4-30 and 25-4-31.

Repealed by Ga. L. 2005, p. 619, § 4/SB 308, effective July 1, 2005.

Editor's notes. - This article, which consisted of Code Sections 25-4-30 and 25-4-31, was based on Ga. L. 1980, p. 1242, §§ 1, 2; Ga. L. 1985, p. 1493, § 5; Ga. L. 1995, p. 341, § 7.

25-5-1. Short title.

This chapter shall be known and may be cited as the "Firefighter's Mediation Act."

(Ga. L. 1971, p. 565, § 1.)

25-5-2. Definitions.

As used in this chapter, the term:

1. "Corporate authorities" means the proper officials within any municipality whose duty it is to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of firefighters, as defined in paragraph (2) of this Code section, whether they are the mayor, city manager, city administrator, city council, board of aldermen, director of personnel, personnel board, or any combination thereof, or by whatever other name the same may be designated. The term shall also mean the employing authority for firefighters at Central State Hospital.
2. "Firefighter" means the permanent members of any paid fire department of any municipality of this state having a population of 20,000 or more according to the United States decennial census of 1980 or any future such census who are employed for and subject to fire-fighting duties.

   (Ga. L. 1971, p. 565, § 3.)

Law reviews. - For article, "Employment Law Responsibilities of Public Employers in Georgia," see 5 Ga. St. B.J. 10 (1999).

25-5-3. Declaration of public policy.

1. The protection of the public health, safety, and welfare demands that the permanent members of any paid fire department of a municipality should not be accorded the right to strike or engage in any work stoppage or slowdown. This necessary prohibition, however, shall not prohibit such municipal employees from being represented by a labor organization of their choice and from bargaining collectively concerning wages, rates of pay, and other terms and conditions of employment.
2. It is declared to be the public policy of this state to accord to the permanent members of any paid fire department of those municipalities which are covered by this chapter all of the privileges enumerated in subsection (a) of this Code section other than the right to strike or to engage in any work stoppage or slowdown. To provide for the exercise of these privileges, a method of mediation of disputes is established.
3. The establishment of a method of mediation referred to in subsection (b) of this Code section shall not, however, in any way whatever, be deemed to be a recognition by the state of compulsory mediation or arbitration as a superior method of settling labor disputes between employees who possess the right to strike and their employers but rather shall be deemed to be a recognition solely of the necessity to provide some alternative mode of settling disputes where employees are, as a matter of public policy, denied the right to strike.

   (Ga. L. 1971, p. 565, § 2.)

25-5-4. Right of firefighters to bargain collectively.

Firefighters shall have the right to bargain collectively with their respective corporate authorities and to be represented by a labor organization in such collective bargaining as to wages, rates of pay, hours, working conditions, and all other terms and conditions of employment.

(Ga. L. 1971, p. 565, § 4.)

25-5-5. Selection of bargaining agent by firefighters; recognition by corporate authority.

The organization selected by vote of the majority of the firefighters in any fire department shall be recognized by the proper corporate authority, provided the organization does not advocate striking and has a "no strike" clause in its constitution and bylaws, as the sole and exclusive bargaining agent for all of the members of the fire department unless and until recognition of the labor organization is withdrawn by vote of a majority of the firefighters of the fire department. In lieu of an organization, a person may be selected as the bargaining agent and have the same obligations and privileges.

(Ga. L. 1971, p. 565, § 5.)

25-5-6. Obligation of corporate authority and agent to meet and confer in good faith; reduction of agreement to written contract; limitation as to duration of contract.

It shall be the obligation of the proper corporate authority and the bargaining agent to meet and confer in good faith within 30 days after receipt of a written notice from the bargaining agent of the request for a meeting for collective bargaining purposes. This obligation may include the duty to cause any agreement resulting from negotiations to be reduced to a written contract. No such contract shall exceed the term of one year.

(Ga. L. 1971, p. 565, § 6.)

25-5-7. Submission of unresolved issues to mediation.

If the bargaining agent and the corporate authorities are unable, within 30 days from and including the date of their first meeting, to reach an agreement on a contract, any and all unresolved issues shall be submitted to mediation.

(Ga. L. 1971, p. 565, § 7.)

25-5-8. Mediation board - Composition and selection; chairman.

Within five days from the expiration of the 30 day period referred to in Code Section 25-5-7, the bargaining agent and the corporate authorities shall each select and name one mediator and shall immediately thereafter notify each other in writing of the name and address of the person so selected. The bargaining agent may name as its mediator a working firefighter who shall be an active member of the Professional Firefighters of Georgia; and the corporate authorities may name as its mediator a member of the Georgia Municipal Association. The two mediators so selected and named shall, within ten days from and after the expiration of the five-day period mentioned in this Code section, agree upon the selection of a third mediator. If, on the expiration of the period allowed therefor, the mediators are unable to agree upon the selection of a third mediator, the American Arbitration Association shall select him upon request in writing from either the bargaining agent or the corporate authorities. The third mediator, whether selected as a result of agreement between the two mediators previously selected or selected by the American Arbitration Association, shall act as chairman of the mediation board.

(Ga. L. 1971, p. 565, § 8.)

25-5-9. Mediation board - Time, notice, and conduct of hearings; transmittal of findings and opinion; effect of decision.

1. The mediation board, acting through its chairman, shall call a hearing to be held within ten days after the date of the appointment of the chairman and, acting through its chairman, shall give at least seven days' notice in writing to each of the other two mediators, the bargaining agent, and the corporate authorities of the time and place of the hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other data deemed relevant by the mediators may be received in evidence. The mediators shall have the power to request by subpoena the attendance and testimony of witnesses and the production of books, records, and other evidence relative or pertinent to the issues presented to them for determination.
2. Hearings conducted by the mediators shall be concluded within 20 days of the time of commencement. Within ten days after the conclusion of the hearings, the mediators shall make written findings and a written opinion upon the issues presented, a copy of which shall be mailed or otherwise transmitted to the bargaining agent or its attorney or other designated representative and the corporate authorities. A majority decision of the mediators shall be advisory in nature and shall not be binding upon either the bargaining agent or the corporate authorities.

   (Ga. L. 1971, p. 565, § 9.)

25-5-10. Mediation board - Factors to be considered in reaching decision.

The mediators shall conduct the hearing and render their decision upon the basis of a prompt, peaceful, and just settlement of wage or hour disputes between the firefighters and the corporate authority. The factors, among others, to be given weight by the mediators in arriving at a decision shall include:

1. A comparison of wages or hourly conditions of employment of the fire department in question with wage rates or hourly conditions of employment of fire departments in municipalities of comparable size;
2. The interest and welfare of the public; and
3. A comparison of the peculiarities of fire-fighting employment in regard to other trades or professions, specifically:
   1. The hazards of employment;
   2. The physical qualifications;
   3. The educational qualifications;
   4. The mental qualifications; and
   5. The job training and skills.

      (Ga. L. 1971, p. 565, § 10.)

25-5-11. Payment of expenses of mediation.

The expenses incurred by the bargaining agent in connection with the mediation shall be borne by the bargaining agent. The expenses incurred by the corporate authorities in connection with the mediation shall be borne by such authorities. The necessary expenses incurred by the third mediator shall be borne equally between the bargaining agent and the corporate authorities.

(Ga. L. 1971, p. 565, § 11.)

25-5-12. Agreements constituting collective bargaining contracts; required provisions; engaging in work stoppages, slowdowns, or strikes by firefighters.

1. Any agreement actually negotiated between the bargaining agent and the corporate authorities either before or within 30 days after mediation shall constitute the collective bargaining contract governing firefighters and the municipality for the period stated therein. Such period shall not exceed one year.
2. Any collective bargaining agreement negotiated under this chapter shall specifically provide that the firefighters who are subject to its terms shall have no right to engage in any work stoppage, slowdown, or strike, the consideration for such provision being the right to a resolution of disputed questions. Whether or not a collective bargaining agreement has been negotiated, no firefighter shall engage in any work stoppage, slowdown, or strike at any time.

   (Ga. L. 1971, p. 565, § 12; Ga. L. 2003, p. 140, § 25.)

Cross references. - Strikes by state employees, § 45-19-1 et seq.

25-5-13. Service of notice of request for collective bargaining upon corporate authorities by bargaining agent.

Whenever wages, rates of pay, or any other matter requiring appropriation of money by any municipality are included as a matter of collective bargaining conducted under this chapter, it is the obligation of the bargaining agent to serve written notice of a request for collective bargaining on the corporate authorities at least 120 days before the last day on which money can be appropriated by the municipality to cover the contract period which is the subject of the collective bargaining procedure.

(Ga. L. 1971, p. 565, § 13.)

25-5-14. Applicability of chapter.

1. Before a municipality with a population of 20,000 or more and its firefighters may come under this chapter, the governing authority of the municipality must agree by ordinance that the municipality will be so covered.
2. In no case may a city with a population of less than 20,000 come under this chapter.

   (Ga. L. 1971, p. 565, § 14.)

Law reviews. - For article, "Employment Law Responsibilities of Public Employers in Georgia," see 5 Ga. St. B.J. 10 (1999).

25-6-1. "Jurisdiction" defined.

For the purposes of this chapter, the term "jurisdiction" means a federal agency, a state agency, a local governmental subdivision of this state or an adjoining state, or an industrial or private organization which has established a fire-fighting department that is responsible for fire protection services within the area under the control, supervision, or management of the specific "jurisdiction." A "jurisdiction" may be one of the following, but is not limited to the following: towns, cities, counties outside corporate limits, industrial complexes, specific fire protection areas, military bases, private fire departments, volunteer fire departments, and the like.

(Ga. L. 1976, p. 742, § 2; Ga. L. 1982, p. 955, §§ 2, 4.)

25-6-2. Formation of pacts authorized; status of members of fire departments of member jurisdictions; "pact" defined.

Whenever two or more jurisdictions, as defined by Code Section 25-6-1, within or adjacent to this state, by written resolution authorize their respective fire departments to render aid and assistance in the extinguishment of fires or other immediate response emergencies outside of their respective jurisdictions, they may, if they so desire, form a district mutual aid system or pact, which shall be a public corporation. It is the primary intent that such system or pact be established for fire emergencies; however, due to the diverse emergency services expected of fire departments, mutual aid systems or pacts may include responses for any form of immediate response emergency as specified by members of the system or pact. Members of fire departments of member jurisdictions shall be considered as officers of a public municipal corporation and shall enjoy the privileges, rights, exemptions, immunities, and duties of such; and this shall apply to paid, volunteer, or private members when responding to or returning from rendering aid in an emergency under a mutual aid system or a pact. As used in this chapter, "pact" means a mutual aid resource pact.

(Ga. L. 1976, p. 742, § 1; Ga. L. 1982, p. 955, §§ 1, 4.)

25-6-3. Establishment of pacts; organizational meeting; adoption of articles, bylaws, and regulations; board of directors; officers, agents, and personnel.

1. When two or more jurisdictions desire to establish a pact, each jurisdiction shall designate its fire chief or person or position in charge of its fire department to act for that jurisdiction on all matters relating to the activities and functions of the pact, once it has been established. The jurisdiction shall designate the person or position and its intent to be a member of a pact by a written resolution. The resolutions shall be forwarded to the state fire marshal. Upon receipt of at least two resolutions, the state fire marshal or his authorized representative shall call the first organizational meeting of the system by giving notice to all persons designated by the resolutions to act for potential member jurisdictions. Each jurisdiction shall send its designated person or his authorized representative to the organizational and subsequent meetings. Such person shall be entitled to one vote in all proceedings.
2. At the organizational meeting, the pact members shall adopt articles of association and bylaws and regulations for the future government and operation of the pact, which shall be effective upon submission to and approval by the Attorney General, who shall cause the same to be promptly recorded by the Secretary of State. Such recording shall formally establish the pact.
3. At the organizational meeting, the member delegates shall also elect a board of directors consisting of such members as may be determined by the organization delegates. The board of directors shall serve for one year or until their successors are elected and qualified, provided that at the organizational or any subsequent meeting the member delegates may vote for staggered terms for all members of the board of directors, the length of which shall not exceed five years or until the director's successor is elected and qualified.
4. The directors shall choose from their number the officers of the pact, who shall have such duties and powers as the bylaws allow. Within the limits of funds available to it, the board of directors may employ and fix the compensation of such agents and other personnel as the board deems necessary to carry out the coordinating functions and other responsibilities of the system. Such personnel shall include a nontactical coordinator who shall serve at the pleasure of the board and who shall have and exercise such powers and authority as the board may delegate to him.

   (Ga. L. 1976, p. 742, § 4; Ga. L. 1982, p. 955, §§ 1, 5.)

25-6-4. Purpose of pacts; powers and duties of pacts generally.

1. It shall be the primary purpose of a pact to coordinate the emergency fire services of all jurisdictions belonging to it, so as to provide better, more efficient, and more effective cooperation in the protection of life and property from fires or other immediate response emergencies within the area served by the pact.
2. Any pact established under authority of this chapter is charged with the responsibility of establishing an overall plan or plans for carrying out the intended purpose and other provisions of this chapter. No pact may be established unless it complies with this chapter. Within the limits of funds available to it, the pact may acquire and operate property and equipment, including, but not limited to, a dispatch center and a communications center; and it may extend the advantages of group purchasing and benefits to jurisdictions that are members of the pact. Member jurisdictions shall adopt the training programs of the Georgia Fire Academy in order to ensure a basic standardization of operations and philosophy; this requirement shall not be construed as limiting the training practices or requirements of any jurisdiction, as it is intended that the programs of the Georgia Fire Academy be used to supplement the training practices and requirements of member jurisdictions. The pact shall cooperate with other state and federal agencies and with civil defense authorities on all levels. The state fire marshal may render advice, recommendations, and assistance to a pact, upon request. Members of a pact shall cooperate with the state fire marshal on matters relating to fire investigations and the enforcement of the arson statutes of the state.

   (Ga. L. 1976, p. 742, § 3.)

25-6-5. Liability for failure to respond for purposes of extinguishing fires or other immediate response emergencies; privileges and immunities; liability for loss of men or equipment.

1. There shall be no liability imposed by law on a pact or any member jurisdiction or its personnel for failure to respond for the purpose of extinguishing or controlling any fire or other immediate response emergency. This immunity is not exclusive of other similar immunities granted by statute or common law.
2. Any firefighter or other person who is an employee or member of a jurisdiction of a pact while engaged in a duty or activity in connection with this chapter or pursuant to orders or instructions of his superiors, shall be entitled to all rights, privileges, exemptions, and immunities to which he would be entitled if the duty or activity were performed within that firefighter's or other person's home jurisdiction.
3. The loss of men or equipment while in operation under a pact agreement shall be borne as if the loss occurred in the man's or equipment's home jurisdiction.

   (Ga. L. 1976, p. 742, § 5.)

25-6-6. Appropriation of funds for pacts by member jurisdictions; receipt of gifts by pacts; entry into agreements with state and federal agencies by pacts.

Jurisdictions belonging to a pact may raise and appropriate money for the purpose of implementing and operating the pact. The pact may receive, hold, and use gifts, bequests, and devises, either outright or in trust, for purposes consistent with this chapter. A pact may enter into agreements with appropriate state and federal agencies to participate in programs which make assistance available to local fire departments.

(Ga. L. 1976, p. 742, § 6.)

25-6-7. Joining of and withdrawal from pacts by jurisdictions not having fire departments.

1. Following the initial establishment of a pact, in accordance with procedures established in the bylaws of the pact, jurisdictions which do not have fire departments may join an established pact upon meeting such conditions as the board of directors may fix.
2. Not less than 90 days after delivering written notice to an officer of the pact, a member jurisdiction may withdraw from a pact after a vote of its governing body. In the event the withdrawal of one or more jurisdictions reduces the number of members but two or more members remain, it is intended that the remaining members should continue with the operation of the pact.

   (Ga. L. 1976, p. 742, § 7; Ga. L. 1982, p. 955, §§ 3, 6.)

25-6-8. Mutual Aid Resource Pact Districts - Establishment; joining or organization of pacts by nonmember jurisdictions desiring to participate in mutual aid.

1. Pact districts shall be established along the boundaries of counties in which member jurisdictions of a pact are located.
2. If a nonmember jurisdiction is located within the boundaries of an established pact, it must become a part of that pact should it desire to participate in mutual aid activities. If a county or counties without member jurisdictions are encircled by counties having members of a common pact, the jurisdictions in such county or counties must join the pact should they desire to participate in mutual aid activities. If a county which has no member jurisdictions borders with counties having members of different pacts, the jurisdictions within the county which desire to participate in mutual aid activities must:
   1. Join with one of the bordering pact counties, provided that jurisdictions in the same county shall not be permitted to become members of different pacts; or
   2. Organize a pact, provided two or more jurisdictions are involved, as set forth in Code Section 25-6-2.

      (Ga. L. 1976, p. 742, § 8; Ga. L. 1982, p. 955, §§ 1, 7.)

25-6-9. Mutual Aid Resource Pact Districts - Merger with other districts; communication and cooperation between districts.

1. Should the member jurisdictions of one or more pact districts desire to merge with another district, the merger may be accomplished in keeping with the intent of Code Section 25-6-8 and as agreed by the board of directors of the concerned pacts.
2. Nothing in this chapter shall be construed as prohibiting communication or cooperation among various pact districts. The boards of directors of various pact districts are encouraged to establish agreements for emergency responses across district lines to fringe areas in the event of emergency and to establish communications to aid in solving problems common to the districts.

   (Ga. L. 1976, p. 742, § 9.)

25-6-10. Continuation of operation of preexistent pacts.

Pacts in existence on July 4, 1976, are authorized to continue to operate under their articles of incorporation or organizational policy.

(Ga. L. 1976, p. 742, § 11.)

25-6-11. Penalty for violations of chapter.

Any member of the governing body of a jurisdiction or any other person who violates this chapter shall be guilty of a misdemeanor and may be prosecuted by the Attorney General.

(Ga. L. 1976, p. 742, § 10.)

25-7-1. Short title.

This chapter shall be known and may be cited as the "Georgia Fire Academy Act."

(Ga. L. 1976, p. 1725, § 1.)

25-7-2. Creation; purposes.

There is created the Georgia Fire Academy, the purposes of which shall be, through training and research:

1. To reduce the costs in suffering and property loss resulting from fire;
2. To provide professional training to paid, volunteer, and other publicly or privately employed firefighters at a minimal cost to them and their employers;
3. To assist the state and its counties, municipalities, and other political subdivisions and the officers thereof in the investigation and determination of the causes of fires;
4. To develop new methods of fire prevention and fire fighting;
5. To provide facilities for testing fire-fighting and prevention equipment; and
6. To assist the state and its counties, municipalities, and other political subdivisions in the training and operations of fire department-related emergency medical services and rescue services.

   (Ga. L. 1976, p. 1725, § 2; Ga. L. 2002, p. 660, § 4; Ga. L. 2002, p. 1259, § 11.)

25-7-3. "Board" defined.

As used in this chapter, "board" means the Board of Public Safety.

Editor's notes. - Ga. L. 1980, p. 431, § 1, effective July 1, 1980, abolished the Georgia Fire Academy Board. By the same law the General Assembly decreed that the Board of Public Safety replace any reference to the Georgia Fire Academy Board.

25-7-4. Powers and duties of Board of Public Safety as to academy generally; selection and compensation of superintendent of academy; creation of advisory council; selection and reimbursement of members.

1. The Board of Public Safety is authorized and empowered to establish, operate, and maintain the Georgia Fire Academy for the purposes enumerated in Code Section 25-7-2. The board is authorized and empowered to do all things and to take whatever action is necessary to accomplish these purposes, including, but not limited to, the establishment and conduct of training programs and the promulgation of rules and regulations relative thereto. The board shall select the superintendent of the academy and shall fix the compensation for the superintendent.
2. The board is authorized and directed to create an advisory council to advise and assist it in carrying out its duties and responsibilities under this chapter. The membership of the advisory council shall be as the board determines, except that such membership shall include at least one representative from each of the following organizations: the Association County Commissioners of Georgia, the Georgia Municipal Association, and the Insurance Services Office. The director of the Georgia Firefighter Standards and Training Council shall also be a member of the advisory council. The members of the advisory council shall serve without compensation, but they may be reimbursed in the same manner as state officials and employees for travel and other expenses actually incurred by them in carrying out their duties as members of the council.

   (Ga. L. 1976, p. 1725, § 4; Ga. L. 1980, p. 431, § 2.)

25-7-5. Responsibilities of superintendent of academy.

The superintendent of the Georgia Fire Academy shall be responsible for the selection of a staff. He shall also be responsible for the execution of all policies, programs, directives, and decisions promulgated by the Board of Public Safety and for the direction of the staff and the daily operation of the academy.

(Ga. L. 1976, p. 1725, § 5.)

25-7-6. Administrative assignment of academy to Department of Public Safety; acceptance of gifts, grants, and donations by board.

1. The Georgia Fire Academy is assigned to the Department of Public Safety for administrative purposes only, as described in Code Section 50-4-3.
2. The Board of Public Safety is authorized to accept gifts, grants, and donations for the purposes of carrying out this chapter. The board is also authorized to accept property, both real and personal, and services for the purposes of carrying out this chapter.

   (Ga. L. 1976, p. 1725, § 6.)

25-7-7. Persons to whom training programs to be made available; establishing fees; eligibility.

Subject to the rules and regulations prescribed by the Board of Public Safety, the training program of the academy shall be made available to all firefighters and may also be made available to other persons who evidence interest in entering the fire-fighting profession. The board is authorized to prescribe fees to cover all or a part of the cost of furnishing the training, under such rules and regulations as the board shall prescribe. The state, municipalities, and counties are authorized to expend funds for the purpose of paying such fees. The board is given full authority to decide who shall be allowed to enroll in the training program of the academy.

(Ga. L. 1976, p. 1725, § 7.)

25-7-8. Requirement of attendance at academy training programs; effect of academy training programs upon other training programs.

It is not the intention of this chapter that it be mandatory that any firefighter be required to attend the academy. The training program established at the academy shall not supersede any training program for firefighters now in existence or hereafter established but shall be separate and apart from any other training programs for firefighters.

(Ga. L. 1976, p. 1725, § 8.)

25-8-1. Short title.

This chapter shall be known and may be cited as the "Georgia Blasting Standards Act of 1978."

(Ga. L. 1978, p. 1624, § 1.)

25-8-2. Definitions.

As used in this chapter, the term:

1. "Blaster" means a person qualified by reason of training, knowledge, or experience to fire or detonate explosives in blasting operations and who has in his possession a valid blaster's license issued by the Commissioner.
2. "Blasting operation" means the use of explosives in the blasting of stone, rock, ore, or any other natural formation or in any construction or demolition work but shall not include the use of explosives in agricultural operations and private and personal use of explosives in remote areas for such operations as ditching, land clearing, destruction of beaver dams and other such operations when not in close proximity to adjacent property. This chapter shall not apply to any blasting operation in which the charge weight is 200 pounds or less.
3. "Charge weight" means the total weight in pounds of an explosive charge.
4. "Charge weight per delay" means the weight in pounds of an explosive charge which is detonated per delay period for delay intervals of eight milliseconds or greater or the total weight of explosives in pounds which is detonated within an interval less than eight milliseconds.
5. "Commissioner" means the Safety Fire Commissioner.
6. "Delay initiation" means the detonation of the subcharge of explosives in predetermined sequence which is accomplished by using regular or short period delay electric blasting caps or other means of equivalent effectiveness.
7. "Delay period" means the time interval in milliseconds (eight milliseconds or greater) between successive detonations of subchargers produced by the delay devices used.
8. "Distance" means the actual distance in feet along ground contour to the nearest house, public building, school, church, or commercial or institutional building normally occupied.
9. "Explosives" means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition by fire, by friction, by concussion, by percussion, or by detonator may produce an explosion capable of causing injury to persons or damage to property.
10. "Particle velocity" means the velocity with which an earth particle moves when vibrating or oscillating in any manner from its position of rest or elastic equilibrium.
11. "Person" means any individual, public or private corporation, political subdivision, government agency, municipality, industry, partnership, association, firm, trust, estate, or other entity whatsoever.
12. "Scaled distance" or "Ds" means the actual distance (D) in feet divided by the square root of the maximum charge weight (W) in pounds that is detonated per delay period. This means:

    CLICK TO VIEW FORMULA

    (Ga. L. 1978, p. 1624, § 2; Ga. L. 1982, p. 3, § 25.)

25-8-3. Requirements governing use of explosives in blasting generally.

1. The use of explosives for the purpose of blasting in the neighborhood of any public highway, railroad, airport, dwelling house, public building, school, church, commercial or institutional building, or pipeline shall be done in accordance with this chapter and the rules and regulations promulgated by the Commissioner.
2. In all blasting operations, except as otherwise provided in this chapter, the maximum particle velocity of any component of ground motion recorded on a three-component seismograph (where the components - transverse, vertical, and longitudinal - are arranged mutually perpendicular) shall not exceed two inches per second at the location of any dwelling house, public building, school, church, or commercial or institutional building normally occupied.
3. Blasting operations without instrumentation will be considered as being within the limits set forth in this Code section if such blasting operations are conducted in accordance with subsection (d) of this Code section.
4. Any blasting operation may be conducted without reference to any maximum amount or period provided by this Code section if the person in charge of the blasting operation demonstrates by instrumentation that maximum particle velocity of any component of the ground motion does not exceed the limits provided in subsection (b) of this Code section.
5. Instrumentation for determining particle velocity of ground motion, as set forth in this chapter, shall be limited to devices that conform with design criteria for portable seismographs as found in the United States Bureau of Mines, RI-6487 and United States Bureau of Mines Bulletin 656. The instrument should have calibration traceable to the United States Bureau of Standards. The Commissioner or his duly authorized agent may enter upon premises for the purpose of observing any necessary instrumentation provided by this chapter.
6. When blasting operations, other than those conducted at a fixed site as a part of any industry or business operated at the site, are to be conducted within close proximity to a known pipeline, the blaster or person in charge of the blasting operations shall take reasonable precautionary measures for the protection of the line and shall notify the owner of the line or his agent that the blastings are intended.
7. Blasting operations shall not be conducted within close proximity to any public highway unless reasonable precautionary measures are taken to safeguard the public.
8. When blasting operations are conducted at the immediate location of any dwelling house, public building, school, church, or commercial or institutional building which would result in ground vibrations having a particle velocity exceeding the limits provided by this chapter, such blasting operations may proceed after the receipt of written consent from the property owner or owners affected.

   (Ga. L. 1978, p. 1624, § 3.)

25-8-4. Blasting standards; formulas and tables.

1. In all blasting operations, except as otherwise provided in this chapter, the maximum peak particle velocity of any component of ground motion recorded on a three-component seismograph (where the components - transverse, vertical, and longitudinal - are arranged mutually perpendicular) shall not exceed two inches per second at the location of any dwelling house, public building, school, church, or commercial or institutional building normally occupied.
2. For blast-to-structure distance greater than 300 feet, the standard table for maximum charge per delay shall be generated by the formula:

   CLICK TO VIEW FORMULA

   where W is the weight of explosive in pounds and D is the distance in feet to the nearest dwelling house, public building, school, church, or commercial or institutional building normally occupied.

3. The following table may be used for determining the weight of explosives to be used with a single delay period:
4. For nontabulated distances of over 300 feet, the following formula shall be used:

   CLICK TO VIEW FORMULA

   (Ga. L. 1978, p. 1624, § 4.)

STANDARD TABLE OF DISTANCE

Distance Weight in Feet in Pounds 0-10 1/8 11-15 1/4 16-20 1/2 21-25 3/4 26-30 1.00 40 2.25 50 3.50 60 4.75 70 6.00 80 7.25 90 8.50 100 9.75 110 11.0 130 13.5 150 16.0 170 18.5 190 21.0 210 23.5 230 26.0 250 28.5 270 31.0 290 33.5 300 34.75 350 49 400 64 500 100 600 144 700 196 800 256 900 324 1000 400 1100 484 1200 576 1300 676 1400 784 1500 900 1600 1024 1700 1156 1800 1296 1900 1444 2000 1600 2500 2500 3000 3600 3500 4900 4000 6400 4500 8100

25-8-5. Use of seismograph measurements.

1. Seismograph measurements may be used to increase the charge weight per delay period, provided that the velocity limit of two inches per second of any of the three mutually perpendicular components of ground motion is not exceeded.
2. Seismograph measurements must be used in each individual blasting operation in which the standard table of distance is not being complied with. Notwithstanding the foregoing, a modified table for blasting operations may be established for use at a particular site, provided that the velocity limit of two inches per second of any of the three mutually perpendicular components of ground motion is not exceeded. Blasting operations without instrumentation will be considered as being within the limits set forth in this subsection if, at a specified location on at least five blasts, instrumentation has shown that the maximum peak particle velocity of any of the three mutually perpendicular components of ground motion at the specified location is 50 percent or less than the limit set forth in this subsection, provided that on all future blasts the scaled distance is equal to or greater than the scaled distance for the instrumented blast.
3. In estimating the maximum peak particle velocity at a particular position, the following formula shall be used:

   CLICK TO VIEW FORMULA

   (Ga. L. 1978, p. 1624, § 5.)

25-8-6. License requirement.

Every person engaged in any use of explosives regulated by this chapter shall be licensed in accordance with the provisions of Code Section 25-2-17.

(Ga. L. 1978, p. 1624, § 6; Ga. L. 1994, p. 728, § 1.)

25-8-7. Refusal, suspension, or revocation of license.

Issuance of a license for the use of explosives may be refused or such a license which has been duly issued may be suspended or revoked or the renewal thereof refused by the Commissioner if the Commissioner finds that the applicant for or the holder of the license:

1. Has violated any provision of this chapter or of any other law of this state or any regulation duly promulgated by the Commissioner;
2. Has intentionally misrepresented or concealed any material fact in the application for the license or any document filed in support thereof;
3. Has permitted any person in his or her employ, either by direct instruction or by reasonable implication, to violate this chapter;
4. Has been convicted of a felony by final judgment in any state or federal court;
5. Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner; or
6. Has otherwise shown a lack of trustworthiness or lack of competence to act as a blaster.

   (Ga. L. 1978, p. 1624, § 7; Ga. L. 1994, p. 728, § 2.)

25-8-8. Maintenance of blasting records.

1. A record of each blast shall be kept. All records, including seismograph reports, shall be retained at least three years and shall be available for inspection.
2. All records kept pursuant to subsection (a) of this Code section shall contain the following minimum data:
   1. The name of the company or contractor;
   2. The location, date, and time of the blast;
   3. The name, signature, and license number of the blaster in charge;
   4. The type of material blasted;
   5. The number of holes, burden, and spacing;
   6. The diameter and depth of holes;
   7. The types of explosives used (trade name);
   8. The total weight of explosives used;
   9. The maximum weight of explosives and maximum number of holes per delay interval of eight milliseconds or greater;
   10. The method of firing;
   11. The direction and distance in feet to the nearest dwelling house, public building, school, church, or commercial or institutional building normally occupied, neither owned nor leased by the person conducting the blasting;
   12. The weather conditions;
   13. The type and height or length of stemming;
   14. The type of delay blasting caps used and the delay periods used (trade name); and
   15. Whether or not mats or other forms of protection were used.
3. The person taking the seismograph reading shall accurately indicate:
   1. The location of each seismograph used and its distance from the blast;
   2. The name of the person and firm, if any, analyzing the seismograph record;
   3. The name of the person operating the seismograph; and
   4. The exact location of blast relative to grid, station number, or permanent location.
4. It shall be unlawful for any person to make a false entry in any record required to be kept pursuant to this Code section.

   (Ga. L. 1978, p. 1624, § 8.)

25-8-9. Promulgation of rules and regulations by Commissioner; forms.

The Commissioner may promulgate such rules and regulations, neither inconsistent nor contradictory with this chapter, as he deems necessary to effectuate this chapter. The Commissioner may also prescribe the forms required for the administration of this chapter.

(Ga. L. 1978, p. 1624, § 9.)

25-8-10. Approval by Commissioner of variations from requirements of chapter.

The Commissioner may approve variations from the requirements of this chapter when he finds that an emergency exists and that the proposed variations from the specific requirements are necessary, will not hinder the effective administration of this chapter, and will not be contrary to any other applicable law, either state or federal.

(Ga. L. 1978, p. 1624, § 10.)

25-8-11. Powers of Commissioner for enforcement of chapter, rules, and regulations generally; privileged nature of evidence submitted to Commissioner.

1. Whenever it appears to the Commissioner, either upon investigation or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Commissioner promulgated or issued pursuant to this chapter or which is declared to be unlawful under this chapter, the Commissioner, in his discretion and if he deems it to be appropriate in the public interest or for the protection of the citizens of this state, may issue an order prohibiting the person from continuing the act, practice, or transaction.
2. Other powers granted to the Commissioner for the enforcement of this chapter include, but are not limited to, the following:
   1. The Commissioner may institute actions or other legal proceedings in any superior court of proper venue. Thereupon, the superior court, among other appropriate relief, may issue injunctions restraining persons and those acting in active concert with them from engaging in acts prohibited by the Commissioner in the enforcement of this chapter;
   2. In addition to any other penalties provided in this chapter, the Commissioner shall have authority to place a licensee on probation for a period of time not to exceed one year or to impose a monetary fine of up to $1,000.00, or to do both, for each and every violation of this chapter or of the rules and regulations or orders of the Commissioner promulgated pursuant thereto; and
   3. The Commissioner or his designee shall have investigatorial powers and shall be empowered to subpoena witnesses and to examine them under oath.
3. All testimony, documents, and other evidence required to be submitted to the Commissioner pursuant to this chapter shall be privileged.

   (Ga. L. 1978, p. 1624, § 11.)

25-8-12. Penalties for violations of chapter, rules, regulations, or orders.

Any person who violates this chapter or any rule, regulation, or order promulgated by the Commissioner pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 and not more than $1,000.00.

(Ga. L. 1978, p. 1624, § 12.)

25-9-1. Short title.

This chapter shall be known and may be cited as the "Georgia Utility Facility Protection Act."

(Code 1981, § 25-9-1 , enacted by Ga. L. 2000, p. 780, § 1.)

Editor's notes. - Ga. L. 2000, p. 780, § 1, effective July 1, 2000, renumbered former Code Section 25-9-1 as present Code Section 25-9-2.

Law reviews. - For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004).

25-9-2. Purpose of chapter.

The purpose of this chapter is to protect the public from physical harm, prevent injury to persons and property, and prevent interruptions of utility service resulting from damage to utility facilities and sewer laterals caused by blasting or excavating operations by providing a method whereby the location of utility facilities and sewer laterals will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such utility facilities and sewer laterals.

(Ga. L. 1969, p. 50, § 1; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Code 1981, § 25-9-2 , as redesignated by Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 1/SB 274.)

Editor's notes. - Ga. L. 2000, p. 780, § 1, effective July 1, 2000, renumbered former Code Section 25-9-2 as present Code Section 25-9-3.

25-9-3. Definitions.

As used in this chapter, the term:

1. "Abandoned utility facility" means a utility facility taken out of service by a facility owner or operator on or after January 1, 2001.
2. "Blasting" means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent.
3. "Business days" means Monday through Friday, excluding the following holidays: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday.
4. "Business hours" means the time from 7:00 A.M. to 4:30 P.M. local time on business days.
5. "Commission" means the Public Service Commission.
6. "Corporation" means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing.
7. "Damage" means any impact or exposure that results in the need to repair a utility facility or sewer lateral due to the weakening or the partial or complete destruction of the facility or sewer lateral including, but not limited to, the protective coating, lateral support, cathodic protection, or the housing for the line, device, sewer lateral, or facility.
8. "Design locate request" means a communication to the utilities protection center in which a request for locating existing utility facilities for bidding, predesign, or advance planning purposes is made. A design locate request shall not be used for excavation purposes.
9. "Designate" means to stake or mark on the surface of the tract or parcel of land the location of a utility facility or sewer lateral.
10. "Emergency" means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services; or repairs to transportation facilities that require immediate action.
11. "Emergency notice" means a communication to the utilities protection center to alert the involved facility owners or operators of the need to excavate due to an emergency that requires immediate excavation.
12. "Excavating" means any operation using mechanized equipment or explosives to move earth, rock, or other material below existing grade. This includes but is not limited to augering, blasting, boring, digging, ditching, dredging, drilling, driving-in, grading, plowing-in, ripping, scraping, trenching, and tunneling. "Excavating" shall not include pavement milling or pavement repair that does not exceed the depth of the existing pavement or 12 inches, whichever is less. The term shall not include routine road or railroad maintenance activities carried out by road maintenance or railroad employees or contractors, provided that such activities occur entirely within the right of way of a public road, street, railroad, or highway of the state; are carried out with reasonable care so as to protect any utility facilities and sewer laterals placed in the right of way by permit; are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage ditches of a public road, street, railroad, or highway, and do not exceed 18 inches in depth below the grade existing prior to such activities; and, if involving the replacement of existing guard rails and sign posts, replace such guard rails and sign posts in their previous locations and at their previous depth. "Excavating" shall not include farming activities.
13. "Excavator" means any person engaged in excavating or blasting as defined in this Code section.
14. "Extraordinary circumstances" means circumstances other than normal operating conditions which exist and make it impractical or impossible for a facility owner or operator to comply with the provisions of this chapter. Such extraordinary circumstances may include, but shall not be limited to, hurricanes, tornadoes, floods, ice and snow, and acts of God.
15. "Facility owner or operator" means any person or entity with the sole exception of a homeowner who owns, operates, or controls the operation of a utility facility.
16. "Farming activities" means the tilling of the fields related to agricultural activities but does not include other types of mechanized excavating on a farm.
17. "Horizontal directional drilling" or "HDD" means a type of trenchless excavation that uses guidable boring equipment to excavate in an essentially horizontal plane without disturbing or with minimal disturbance to the ground surface.
18. "Large project" means an excavation that involves more work to locate utility facilities than can reasonably be completed within the requirements of subsection (a) of Code Section 25-9-7.
19. "Local governing authority" means a county, municipality, or local authority created by or pursuant to general, local, or special Act of the General Assembly, or by the Constitution of the State of Georgia. The term also includes any local authority that is created or activated by an appropriate ordinance or resolution of the governing body of a county or municipality individually or jointly with other political subdivisions of this state.
20. "Locate request" means a communication between an excavator and the utilities protection center in which a request for designating utility facilities, sewer laterals, or both is processed.
21. "Locator" means a person who is acting on behalf of facility owners and operators in designating the location of the utility facilities and sewer laterals of such owners and operators.
22. "Mechanized excavating equipment" means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating.
23. "Milling" means the process of grinding asphaltic concrete.
24. "Minimally intrusive excavation methods" means methods of excavation that minimize the potential for damage to utility facilities and sewer laterals. Examples include, but are not limited to, air entrainment/vacuum extraction systems and water jet/vacuum excavation systems operated by qualified personnel and careful hand tool usage and other methods as determined by the Public Service Commission. The term does not include the use of trenchless excavation.
25. "Permanent marker" means a visible indication of the approximate location of a utility facility or sewer lateral that can reasonably be expected to remain in position for the life of the facility. The term includes, but is not limited to, sewer cleanouts; water meter boxes; and etching, cutting, or attaching medallions or other industry accepted surface markers to curbing, pavement, or other similar visible fixed surfaces. All permanent markers other than sewer cleanouts, water meter boxes, or any other visible component of a utility facility that establish the exact location of the facility must be placed accurately in accordance with Code Section 25-9-9 and be located within the public right of way. Sewer cleanouts, water meter boxes, or any other visible component of a utility facility that establishes the exact location of the facility must be located within ten feet of the public right of way to be considered a permanent marker.
26. "Person" means an individual, firm, joint venture, partnership, association, local governing authority, state, or other governmental unit, authority, department, agency, or a corporation and shall include any trustee, receiver, assignee, employee, agent, or personal representative thereof.
27. "Positive response information system" or "PRIS" means the automated information system operated and maintained by the utilities protection center at its location that allows excavators, locators, facility owners or operators, and other affected parties to determine the status of a locate request or design locate request.
28. "Routine road maintenance" means work that is planned and performed on a routine basis to maintain and preserve the condition of the public road system and includes routine road surface scraping, mowing grass, animal removal, cleaning of inlets and culverts, trash removal, striping and striping removal, and cutting of trees; however, stump removal shall be considered excavation.
29. "Service area" means a contiguous area or territory which encompasses the distribution system or network of utility facilities by means of which a facility owner or operator provides utility service.
30. "Sewer lateral" means an individual customer service line which transports waste water from one or more building units to a utility owned sewer facility.
31. "Sewer system owner or operator" means the owner or operator of a sewer system. Sewer systems shall be considered to extend to the connection to the customer's facilities.
32. "Traffic control devices" means all roadway or railroad signs, sign structures, or signals and all associated infrastructure on which the public relies for informational, regulatory, or warning messages concerning the public or railroad rights of way.
33. "Traffic management system" means a network of traffic control devices, monitoring sensors, and personnel, with all associated communications and power services, including all system control and management centers.
34. "Tolerance zone" means the width of the utility facility or sewer lateral plus 18 inches on either side of the outside edge of the utility facility or sewer lateral on a horizontal plane.
35. "Trenchless excavation" means a method of excavation that uses boring equipment to excavate with minimal or no disturbance to the ground surface and includes horizontal directional drilling.
36. "Unlocatable facility" means an underground facility that cannot be marked with reasonable accuracy using generally accepted techniques or equipment commonly used to designate utility facilities and sewer laterals. This term includes, but is not limited to, nonconductive utility facilities and sewer laterals and nonmetallic underground facilities that have no trace wires or records that indicate a specific location.
37. "Utilities protection center" or "UPC" means the corporation or other organization formed by facility owners or operators to provide a joint notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected facility owner or operator members.
38. "Utility facility" means an underground or submerged conductor, pipe, or structure used or installed for use in providing electric or communications service or in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage, or water or other liquids. All utility facilities shall be considered to extend up to the connection to the customer's facilities. The term does not include traffic control devices, traffic management systems, or sewer laterals.
39. "White lining" means marking the route of the excavation either electronically or with white paint, flags, stakes, or a combination of such methods to outline the dig site prior to notifying the UPC and before the locator arrives on the job. (Ga. L. 1969, p. 50, § 2; Ga. L. 1970, p. 226, §§ 1, 2; Ga. L. 1978, p. 1659, § 1; Ga. L. 1982, p. 1577, §§ 1, 2; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 1997, p. 515, § 1; Ga. L. 1998, p. 177, § 1; Code 1981, § 25-9-3 , as redesignated by Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 2/SB 274; Ga. L. 2014, p. 652, § 1/SB 117.)

The 2014 amendment, effective July 1, 2014, substituted "shall not" for "may not" in the last sentence of paragraph (8); rewrote paragraph (12); added present paragraph (16); redesignated former paragraphs (16) through (21) as present paragraphs (17) through (22), respectively; substituted "designating" for "locating" in present paragraph (20); added present paragraph (23); redesignated former paragraphs (22) through (25) as present paragraphs (24) through (27), respectively; added paragraph (28); redesignated former paragraphs (26) through (35) as present paragraphs (29) through (38), respectively; and added paragraph (39).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2005, paragraphs (33) and (34) were redesignated as paragraphs (34) and (35), respectively.

Pursuant to Code Section 28-9-5, in 2005, paragraph (33), as enacted by Ga. L. 2003, p. 813, was redesignated as paragraph (34) and paragraph (34), as enacted by Ga. L. 2003, p. 813, was redesignated as paragraph (35).

Editor's notes. - Former Code Section 25-9-3, concerning the requirement that utilities with gas pipes or underground facilities file information with superior court clerks, was repealed and reserved by Ga. L. 1990, p. 805, § 1, effective April 4, 1990, and was based on Ga. L. 1969, p. 50, § 3; Ga. L. 1975, p. 417, § 1; Ga. L. 1981, Ex. Sess., p. 8 (Code enactment Act); and Ga. L. 1986, p. 1069, § 1.

25-9-4. Design locate request and response.

1. Any person may submit a design locate request to the UPC. Such design locate request shall:
   1. Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and
   2. State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection as provided in paragraph (3) of subsection (b) of this Code section.
2. Within ten working days after a design locate request has been submitted to the UPC for a proposed project, the facility owner or operator shall respond by the method requested by the person calling in the design locate request:
   1. Designate or cause to be designated by a locator in accordance with Code Sections 25-9-7 and 25-9-9 the location of all utility facilities and sewer laterals within the area of the proposed excavation;
   2. Provide to the person submitting the design locate request the best available description of all utility facilities and sewer laterals in the area of proposed excavation, which might include drawings of utility facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or
   3. Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities and sewer laterals within the proposed area of excavation.
3. Upon responding using any of the methods provided in subsection (b) of this Code section, the facility owner or operator shall provide the response to the UPC in accordance with UPC procedures.
4. A design locate request shall not be used for excavation purposes. (Code 1981, § 25-9-4 , enacted by Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 3/SB 274; Ga. L. 2014, p. 652, § 2/SB 117.)

The 2014 amendment, effective July 1, 2014, substituted "the method requested by the person calling in the design locate request" for "one of the following methods" at the end of subsection (b); substituted "Code Sections 25-9-7 and 25-9-9" for "Code Section 25-9-9" in paragraph (b)(1); and added subsection (d).

Editor's notes. - Ga. L. 2000, p. 780, § 1, effective July 1, 2000, renumbered former Code Section 25-9-4 as present Code Section 25-9-5, and enacted this Code section.

25-9-5. Cooperation with UPC; permanent markers for water and sewer facilities; point of contact list.

1. Except as otherwise provided by subsection (b) of this Code section, all facility owners or operators operating or maintaining utility facilities within the state shall participate as members in and cooperate with the UPC. No duplicative center shall be established. The activities of the UPC shall be funded by all facility owners or operators.
2. Persons who install water and sewer facilities or who own such facilities until those facilities are accepted by a local governing authority or other entity are not required to participate as members of the UPC and shall not be considered facility owners or operators. All such persons shall install and maintain permanent markers, as defined in Code Section 25-9-3, identifying all water and sewer facilities at the time of the facility installation. Notwithstanding the above, all owners or operators of water and sewer facilities that provide service from such facilities are considered facility owners or operators and shall be members of the UPC.
3. The UPC shall maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information respecting the location of utility facilities of its participating facility owners or operators may be obtained during business hours on business days. (Code 1981, § 25-9-4 , enacted by Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Code 1981, § 25-9-5 , as redesignated by Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 4/SB 274.)

Editor's notes. - Former Code Section 25-9-5 , concerning duties of the superior court clerks and filing fees, was repealed and reserved by Ga. L. 1990, p. 805, § 1, effective April 4, 1990, and was based on Ga. L. 1969, p. 50, § 4; Ga. L. 1975, p. 417, § 2; Ga. L. 1981, p. 1396, § 16; Ga. L. 1981, Ex. Sess., p. 8 (Code enactment Act); § 25-9-5 , as redesignated by Ga. L. 1986, p. 1069, § 1.

25-9-6. Prerequisites to blasting or excavating; marking of sites.

1. No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating has given 48 hours' notice by submitting a locate request to the UPC, beginning the next business day after such notice is provided, excluding hours during days other than business days. Any person performing excavation is responsible for being aware of all information timely entered into the PRIS prior to the commencement of excavation. If, prior to the expiration of the 48 hour waiting period, all identified facility owners or operators have responded to the locate request, and if all have indicated that their facilities either are not in conflict or have been marked, then the person planning to perform excavation or blasting shall be authorized to commence work, subject to the other requirements of this Code section, without waiting the full 48 hours. The 48 hours' notice shall not be required for excavating where minimally intrusive excavation methods are used exclusively. Any locate request received by the UPC after business hours shall be deemed to have been received by the UPC the next business day. Such locate request shall:
   1. Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity, as defined by policies developed and promulgated by the UPC, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved;
   2. State the name, address, and telephone number of the person who will engage in the blasting or excavating;
   3. Describe the type of blasting or excavating to be engaged in by the person; and
   4. Define the time frame in which requested excavation may occur.
2. In the event the location upon which the blasting or excavating is to take place cannot be described with sufficient particularity to enable the facility owner or operator to ascertain the precise tract or parcel involved, the person proposing the blasting or excavating shall mark the route or boundary of the site of the proposed blasting or excavating by means of white paint, white stakes, or white flags if practical, or schedule an on-site meeting with the locator or facility owner or operator and inform the UPC, within a reasonable time, of the results of such meeting. The person marking a site with white lining shall comply with the rules and regulations of the Department of Transportation as to the use of such markings so as not to obstruct signs, pavement markings, pavement, or other safety devices.
3. Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 30 calendar days following the date of such notice, and no blasting or excavating undertaken pursuant to this notice shall continue after such time has expired. In the event that the blasting or excavating which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 30 calendar days following the date of such notice, an additional notice must be given in accordance with subsection (a) of this Code section for the locate request to remain valid. Additional notices for an existing request shall not expand the tract or parcel of land upon which the blasting or excavation is to take place.
4. For emergencies, notice shall expire at 7:00 A.M. three business days after the notification is made to the UPC.
5. Except for those persons submitting design locate requests, no person, including facility owners or operators, shall request marking of a site through the UPC unless excavating is scheduled to commence. In addition, no person shall make repeated requests for re-marking, unless the repeated request is required for excavating to continue or due to circumstances not reasonably within the control of such person. Any person who willfully fails to comply with this subsection shall be liable to the facility owner or operator for $100.00 or for actual costs, whichever is greater, for each repeated request for re-marking.
6. If, subsequent to giving the notice to the UPC required by subsection (a) of this Code section, a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the UPC and shall refrain from any blasting until the facility owner or operator responds within 24 hours, excluding hours during days other than business days, following receipt by the UPC of such notice.
7. When a locate request is made in accordance with subsection (a) of this Code section, excavators other than the person planning the blasting or excavating may conduct such activity, provided that the person planning the blasting or excavating shall remain responsible for ensuring that any stakes or other markings placed in accordance with this chapter remain in place and reasonably visible until such blasting or excavating is completed; and provided, further, that such blasting or excavating is:
   1. Performed on the tract or parcel of land identified in the locate request;
   2. Performed by a person authorized by and having a contractual relationship with the person planning the blasting or excavating;
   3. The type of blasting or excavating described in the locate request; and
   4. Carried out in accordance with all other requirements of this chapter.
8. Facility owners or operators may bill an excavator their costs for any requests for re-marking other than for re-marks with no more than five individual addresses on a single locate request. Such costs shall be documented actual costs and shall not exceed $100.00 per re-mark request. (Ga. L. 1969, p. 50, § 5; Ga. L. 1975, p. 417, § 3; Code 1981, § 25-9-5 [repealed]; Code 1981, § 25-9-6 , as redesignated by Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 5/SB 274; Ga. L. 2014, p. 652, § 3/SB 117; Ga. L. 2015, p. 5, § 25/HB 90; Ga. L. 2016, p. 239, § 1/SB 191.)

The 2014 amendment, effective July 1, 2014, substituted the present provisions of paragraph (a)(4) for the former provisions, which read: "Designate the date upon which the blasting or excavating will commence"; and added the last sentence in subsections (b) and (c).

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "facilities either are" for "facilities are either" in the third sentence of the introductory language of subsection (a); and substituted "so as not to obstruct signs" for "so as to not to obstruct signs" in the last sentence of subsection (b).

The 2016 amendment, effective July 1, 2016, substituted "30 calendar days" for "21 calendar days" twice in subsection (c).

Editor's notes. - This Code section formerly provided for a gas company's duties upon being notified of proposed blasting or excavating. Ga. L. 1986, p. 1069, § 1 in effect renumbered the former Code section as Code Section 25-9-7.

Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-5 as this Code section.

25-9-7. Determining whether utility facilities are present; information to UPC; noncompliance; future utility facilities; abandoned utility facilities.

1. 1. Within 48 hours beginning the next business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not utility facilities are located on the tract or parcel of land upon which the excavating or blasting is to occur. If utility facilities are determined to be present, the facility owner or operator shall designate, through stakes, flags, permanent markers, or other marks on the surface of the tract or parcel of land, the location of utility facilities. This subsection shall not apply to large projects.
   2. Designation of the location of utility facilities through staking, flagging, permanent markers, or other marking shall be in accordance with the American Public Works Association (APWA) color code in place at the time the location of the utility facility is designated. Additional marking requirements beyond color code, if any, shall be prescribed by rules and regulations promulgated by the Public Service Commission.
   3. A facility owner or operator is not required to mark its own facilities within 48 hours if the facility owner or operator or its agents are the only parties performing the excavation; however, such facilities shall be designated prior to the actual start of excavation.
2. 1. Within 48 hours beginning the next business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each sewer system owner or operator shall determine whether or not sewer laterals are located or likely to be located on the tract or parcel of land upon which the excavating or blasting is to occur. If sewer laterals are determined to be present or likely to be present, then the sewer system owner or operator shall assist in designating sewer laterals up to the edge of the public right of way. Such assistance shall not constitute ownership or operation of the sewer lateral by the sewer system owner or operator. Good faith compliance with provisions of this subsection in response to a locate request shall constitute full compliance with this chapter, and no person shall be found liable to any party for damages or injuries as a result of performing in compliance with the requirements of this subsection.
   2. To assist in designating sewer laterals, the sewer system owner or operator shall provide its best available information regarding the location of the sewer laterals to the excavator. This information shall be conveyed to the excavator in a manner that may include, but shall not be limited to, any one of the following methods:
      1. Marking the location of sewer laterals in accordance with subsection (a) of this section, provided that:
         1. Any sewer lateral designated using the best available information shall constitute a good faith attempt and shall be deemed to be in compliance with this subsection, provided that such mark represents only the best available information of the sewer system owner or operator and may not be accurate; and
         2. If a sewer lateral is unlocatable, a triangular green mark shall be placed at the sewer main pointing at the address in question to indicate the presence of an unlocatable sewer lateral;
      2. Providing electronic copies of or delivering the records through facsimile or by other means to an agreed upon location within 48 hours beginning the next business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days; provided, however, that for local governing authorities that receive fewer than 50 locate requests annually, the local governing authority may designate the agreed upon location and communicate such designation to the excavator;
      3. Arranging to meet the excavator on site to provide the best available information about the location of the sewer laterals;
      4. Providing the records through other processes and to other locations approved by documented agreement between the excavator and the facility owner or operator; or
      5. Any other reasonable means of conveyance approved by the commission after receiving recommendations from the advisory committee, provided that such means are equivalent to or exceed the provisions of subparagraph (A), (B), or (C) of this paragraph.
3. Each facility owner or operator, either upon determining that no utility facility or sewer lateral is present on the tract or parcel of land or upon completion of the designation of the location of any utility facilities or sewer laterals on the tract or parcel of land as required by subsection (a) or (b) of this Code section, shall provide this information to the UPC in accordance with procedures developed by the UPC, which may include the use of the PRIS. In no event shall such notice be provided later than midnight of the second business day following receipt by the UPC of actual notice filed in accordance with Code Section 25-9-6.
4. In the event the facility owner or operator is unable to designate the location of the utility facilities or sewer laterals due to extraordinary circumstances, the facility owner or operator shall notify the UPC and provide an estimated completion date in accordance with procedures developed by the UPC, which may include the use of the PRIS.
5. If, at the end of the time period specified in subsections (a) and (b) of this Code section, any facility owner or operator has not complied with the requirements of subsections (a), (b), and (c) of this Code section, as applicable, the UPC shall issue a second request to each such facility owner or operator. If the facility owner or operator does not respond to this additional request by 12:00 Noon of that business day, either by notifying the UPC in accordance with procedures developed by the UPC that no utility facilities or sewer laterals are present on the tract or parcel of land, or by designating the location of such utility facilities or sewer laterals in accordance with the provisions of subsections (a) and (b) of this Code section, as applicable, then the person providing notice pursuant to Code Section 25-9-6 may proceed with the excavating or blasting, provided that there is no visible and obvious evidence of the presence of an unmarked utility facility or sewer lateral on the tract or parcel of land. Such person shall not be subject to any liability resulting from damage to the utility facility or sewer lateral as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8.
6. If visible and obvious evidence of the presence of an unmarked utility facility or sewer lateral does exist and the facility owner or operator either refuses to comply with subsections (a) through (d) of this Code section, as applicable, or is not a member of the UPC, then the excavator shall attempt to designate such facility or sewer lateral prior to excavating. The facility owner or operator shall be strictly liable for the actual costs associated with the excavator designating such utility facilities and sewer laterals and any associated downtime. Such costs shall not exceed $100.00 or documented actual costs, whichever is greater, for each locate request.
7. All utility facilities installed by facility owners or operators on or after January 1, 2001, shall be installed in a manner which will make them locatable using a generally accepted electronic locating method. All sewer laterals installed on or after January 1, 2006, shall be installed in a manner which will make them locatable by facility owners or operators using a generally accepted electronic locating method. In the event that an unlocatable utility facility or unlocatable sewer lateral becomes exposed when the facility owner or operator is present or in the case of sewer laterals when the sewer utility owner or operator is present on or after January 1, 2006, such utility facility or sewer lateral shall be made locatable through the use of a permanent marker or an updating of permanent records.
8. Facility owners or operators shall either maintain recorded information concerning the location and other characteristics of abandoned utility facilities, maintain such abandoned utility facilities in a locatable manner, or remove such abandoned utility facilities. Facility owners or operators shall provide information on abandoned utility facilities, when possible, in response to a locate request or design locate request. When the presence of an abandoned facility within an excavation site is known, the facility owner or operator should attempt to designate the abandoned facility or provide information to the excavator regarding such facilities. When located or exposed, all abandoned utility facilities and sewer laterals shall be treated as live utility facilities and sewer laterals.
9. Notwithstanding any other provision of law to the contrary, a facility owner or operator may use a locator to designate any or all utility facilities and sewer laterals. The use of a locator shall not relieve the facility owner or operator of any responsibility under this chapter. However, by contract a facility owner or operator may be indemnified by a locator for any failure on the part of the locator to comply with the provisions of this chapter.
10. Large project rules shall be promulgated by the Public Service Commission. These rules shall include, but shall not be limited to, the establishment of detailed processes. Such rules may also include changes in the time period allowed for a facility owner or operator to comply with the provisions of this chapter and the time period for which designations are valid.
11. 1. Within 48 hours beginning the next business day following receipt by the UPC of the locate request filed in accordance with Code Section 25-9-6 , excluding hours during days other than business days, each facility owner or operator shall determine whether or not unlocatable facilities other than sewer laterals are present. In the event that such facilities are determined to be present, the facility owner or operator shall exercise reasonable care in locating such facilities. The exercise of reasonable care shall require, at a minimum, the use of the best available information to designate the facilities and notification to the UPC of such attempted location. Placing markers or otherwise leaving evidence of locations of facilities is deemed to be an acceptable form of notification to the excavator or locator.
    2. This subsection shall not apply to sewer laterals. (Ga. L. 1969, p. 50, § 6; Ga. L. 1975, p. 417, § 4; Code 1981, § 25-9-6 ; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 6/SB 274; Ga. L. 2014, p. 652, § 4/SB 117.)

The 2014 amendment, effective July 1, 2014, deleted "after the business day" following "business day" throughout this Code section; in the second sentence of subsection (f), inserted "strictly" and added "and any associated downtime" at the end; substituted "designate" for "locate and mark" in the third sentence of subsection (h); and substituted the present provisions of subsection (j) for the former provisions, which read: "By January 1, 2006, the advisory committee shall propose to the Public Service Commission rules and processes specific to the locating of large projects. These rules shall include, but shall not be limited to, the establishment of detailed processes. Such rules may also include changes in the time period allowed for a facility owner or operator to comply with the provisions of this chapter and to the time period for which designations are valid. The commission shall promulgate rules addressing this subsection no later than June 1, 2006."

Editor's notes. - This Code section formerly provided for treatment to be given gas pipes and facilities by persons undertaking blasting or excavating. Ga. L. 1986, p. 1069, § 1 in effect renumbered the former Code section as Code Section 25-9-8.

Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-6 as this Code section.

25-9-8. Treatment of gas pipes and other underground utility facilities by blasters and excavators.

1. Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen any utility facility or sewer lateral which has been staked, flagged, or marked in accordance with this chapter.
2. When excavating or blasting is to take place within the tolerance zone, the excavator shall exercise reasonable care for the protection of the utility facility or sewer lateral, including permanent markers and paint placed to designate utility facilities. This protection shall include, but not be limited to, at least one of the following based on geographical and climate conditions: hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, or other technical methods that may be developed. Other mechanical methods may be used with the approval of the facility owner or operator.
3. If the precise location of the underground facilities cannot be determined by the excavator, the facility owner or operator thereof shall be notified by the excavator so that the operator and the excavator shall work together to determine the precise location of the underground facilities prior to continuing the excavation.
4. When conducting trenchless excavation the excavator must exercise reasonable care, as described in subsection (b) of this Code section, and shall take additional care to attempt to prevent damage to utility facilities and sewer laterals. The recommendations of the HDD consortium applicable to the performance of trenchless excavation set out in the document "Horizontal Directional Drilling Good Practice Guidelines," dated May, 2001, are adopted by reference as a part of this subsection to describe such additional care. The advisory committee may recommend to the commission more stringent criteria as it deems necessary to define additional care and the commission is authorized to adopt additional criteria to define additional care.
5. Any person engaged in blasting or in excavating with mechanized excavating equipment who strikes, damages, injures, or loosens any utility facility or sewer lateral, regardless of whether the utility facility or sewer lateral is marked, shall immediately cease such blasting or excavating and notify the UPC and the appropriate facility owner or operator, if known. Upon receiving notice from the excavator or the UPC, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of the damage. Until such time as the damage has been repaired, no person shall engage in excavating or blasting activities that may cause further damage to the utility facility or sewer lateral except as provided in Code Section 25-9-12 . (Ga. L. 1969, p. 50, § 7; Code 1981, § 25-9-7 ; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 7/SB 274; Ga. L. 2014, p. 652, § 5/SB 117.)

The 2014 amendment, effective July 1, 2014, rewrote subsection (b); added present subsection (c); and redesignated former subsections (c) and (d) as present subsections (d) and (e), respectively.

Editor's notes. - This Code section formerly provided for the degree of accuracy required of gas companies in providing pipe location and for the apportionment of liability for inaccurate information. Ga. L. 1986, p. 1069, § 1 in effect renumbered the former Code section as Code Section 25-9-9.

Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-7 as this Code section.

25-9-9. Degree of accuracy required in utility facility location information; effect of inaccurate information on liability of blaster or excavator; liability of facility owners for losses resulting from lack of accurate information.

1. For the purposes of this chapter, the location of utility facilities which is provided by a facility owner or operator in accordance with subsection (a) of Code Section 25-9-7 to any person must be accurate to within 18 inches measured horizontally from the outer edge of either side of such utility facilities. If any utility facility becomes damaged by an excavator due to the furnishing of inaccurate information as to its location by the facility owner or operator, such excavator shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked utility facility.
2. Upon documented evidence that the person seeking information as to the location of utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the facility owners or operators, the facility owners or operators shall be liable to that person for any such losses or expenses. (Ga. L. 1975, p. 417, § 5; Code 1981, § 25-9-8 ; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 8/SB 274; Ga. L. 2014, p. 652, § 6/SB 117.)

The 2014 amendment, effective July 1, 2014, substituted "18 inches" for "24 inches" in the middle of the first sentence of subsection (a).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2000, "its" was substituted for "their" in the second sentence in subsection (a).

Editor's notes. - This Code section formerly provided for the effect of this chapter on the rights, duties, etc. of gas companies. Ga. L. 1986, p. 1069, § 1 in effect renumbered the former Code section as Code Section 25-9-10.

Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-8 as this Code section.

25-9-10. Effect of chapter upon rights, titles, powers, or interests of facility owners or operators.

This chapter does not affect and is not intended to affect any right, title, power, or interest which any facility owner or operator may have with relation to any utility facility or to any easement, right of way, license, permit, or other interest in or with respect to the land on which the utility facility is located.

(Ga. L. 1969, p. 50, § 8; Code 1981, § 25-9-9 ; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1.)

Editor's notes. - This Code section formerly provided for the effect of this chapter on local and state government rights, duties, etc. as to facilities on public right of ways. Ga. L. 1986, p. 1069, § 1 in effect renumbered the former Code section as Code Section 25-9-11.

Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-9 as this Code section.

25-9-11. Effect of chapter upon rights, powers, etc., of state, counties, or municipalities concerning facilities located on public road or street rights of way.

This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to the city street system, with relation to any utility facility which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever.

(Ga. L. 1978, p. 1659, § 4; Code 1981, § 25-9-10 ; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1.)

Editor's notes. - This Code section formerly provided for the applicability of this chapter in the event of an emergency. Ga. L. 1986, p. 1069, § 1 in effect renumbered the former Code section as Code Section 25-9-12.

Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-10 as this Code section.

25-9-11.1. Local governing authorities prohibited from enforcing ordinances or resolutions imposing fines for violations of certain marking or location requirements.

No local governing authority shall enforce any ordinance or resolution which imposes fines for a violation of a local ordinance or resolution that establishes requirements for white lining, marking of utility facilities, re-marking of utility facilities, or otherwise locating utility facilities or sewer laterals for any locate request or large project.

(Code 1981, § 25-9-11.1 , enacted by Ga. L. 2016, p. 239, § 2/SB 191.)

Effective date. - This Code section became effective July 1, 2016.

25-9-12. Notice requirements for emergency excavations.

The notice requirements provided by Code Section 25-9-6 shall not be required of persons performing emergency excavations or excavation in extraordinary circumstances; provided, however, that any person who engages in an emergency excavation or excavation in extraordinary circumstances shall take all reasonable precautions to avoid or minimize damage to any existing utility facilities and sewer laterals; provided, further, that any person who engages in an emergency excavation or excavation in extraordinary circumstances shall give notice of the emergency excavation as soon as practical to the UPC. In giving such notice, such person must specifically identify the dangerous condition involved. If it is later determined that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notice had been given.

(Ga. L. 1970, p. 226, § 4; Code 1981, § 25-9-11 ; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 9/SB 274.)

Editor's notes. - This Code section formerly provided for penalties for violations of this Code section. Ga. L. 1986, p. 1069, § 1 in effect repealed the former Code section and enacted Code Section 25-9-13 on the same subject, effective July 1, 1986. The former Code section was based on Ga. L. 1969, p. 50, § 9; Ga. L. 1970, p. 226, § 3; Ga. L. 1978, p. 1659, § 2; and Ga. L. 1981, Ex. Sess., p. 8 (Code enactment Act).

Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-11 as this Code section.

25-9-13. Penalties for violations of chapter; bonds; enforcement; advisory committee; dispose of settlement recommendations.

1. Any person who violates the requirements of subsection (a), (f), or (g) of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall be strictly liable for:
   1. All costs incurred by the facility owner or operator in repairing or replacing its damaged facilities; and
   2. Any injury or damage to persons or property resulting from damaging the utility facilities and sewer laterals.
2. Each local governing authority is authorized to require by ordinance any bonds on utility contractors or on persons performing excavation or blasting within the public right of way or any dedicated utility easement as it may determine to assure compliance with subsection (a) of this Code section.
3. Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall also indemnify the affected facility owner or operator against all claims or costs incurred, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities and sewer laterals. Such obligation to indemnify shall not apply to any county, city, town, or state agency except as permitted by law.
4. In addition to the other provisions of this Code section, a professional licensing board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person has repeatedly violated the requirements of Code Section 25-9-6 or 25-9-8.
5. Subsections (a), (c), and (d) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the facility owner or operator to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the UPC as required by Code Section 25-9-5.
6. The enforcement provisions of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment within the curb lines or edges of the pavement of any public road and who causes damage to a utility facility located within the roadway hard surface or the graded aggregate base therein if such person has complied with the provisions of this chapter and there is no indication that a utility facility is in conflict with the proposed excavation.
7. The commission shall enforce the provisions of this chapter. The commission may promulgate any rules and regulations necessary to implement the commission's authority to enforce this chapter.
8. 1. The Governor shall appoint an advisory committee consisting of persons who are employees or officials of or who represent the interests of:
      1. One member to represent the Department of Transportation;
      2. One member to represent water systems or water and sewer systems owned or operated by local governing authorities;
      3. One member to represent the utilities protection center;
      4. One member to represent water systems or water and sewer systems owned or operated by counties;
      5. One member to represent water systems or water and sewer systems owned or operated by municipalities;
      6. One member to represent the nonmunicipal electric industry;
      7. Five members to represent excavators to include the following:
      8. One member to represent locators;
      9. One member to represent the nonmunicipal telecommunications industry;
      10. One member to represent the nonmunicipal natural gas industry;
      11. One member to represent municipal gas, electric, or telecommunications providers; and
      12. The commission chairperson or such chairperson's designee.
9. One licensed utility contractor;

   (ii) One licensed general contractor;

   (iii) One licensed plumber;

   (iv) One landscape contractor; and

   (v) One highway contractor;

   The commission chairperson or his or her designee shall serve as chairperson of the advisory committee and shall cast a vote only in the case of a tie. Persons appointed to the advisory committee shall have expert knowledge of this chapter and specific operations expertise with the subject matter encompassed by the provisions of this chapter.

   (2) The advisory committee shall establish rules of operation including an attendance policy. In the event a committee member resigns or fails to meet the criteria of the attendance policy, the advisory committee shall appoint an interim member to represent the same stakeholder group until such time as the Governor appoints a replacement.

   (3) The advisory committee shall assist the commission in the enforcement of this chapter, make recommendations to the commission regarding rules and regulations, and perform duties to be assigned by the commission including, but not limited to, the review of reported violations of this chapter and the preparation of recommendations to the commission as to the appropriate penalties to impose on persons violating the provisions of this chapter.

   (4) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct.

   1. (1)  Commission enforcement of this chapter shall follow the procedures described in this subsection. Nothing in this subsection shall limit the authority of the commission delegated from the federal government and authorized in other state law.

      (2) (A) The commission is not authorized to impose civil penalties on any local governing authority except as provided in this paragraph. The commission may recommend training for local governing authorities in response to any probable or proven violation. Civil penalties may be recommended for or imposed on any local governing authority for refusal to comply with the requirements of Code Section 25-9-7 or for other violations of Code Section 25-9-7 that result in injury to people, damage to property, or the interruption of utility service in the event that investigators find that a local governing authority has demonstrated a pattern of willful noncompliance. Civil penalties may be recommended or imposed on or after January 1, 2006, for violations of provisions of this chapter other than Code Section 25-9-7 in the event that investigators find that the severity of an excavation violation warrants civil penalties or that a local governing authority has demonstrated a pattern of willful noncompliance. Any such civil penalty shall be recommended or imposed in accordance with a tiered penalty structure designed for local governing authorities. In the event that the investigators determine that a local governing authority has made a good faith effort to comply with this chapter, the investigators shall not recommend a civil penalty. For purposes of this subsection "refusal to comply" means that a utility facility owner or operator does not respond in PRIS to a locate request, does not respond to a direct telephone call to designate their facilities, or other such direct refusal. Refusal to comply does not mean a case where the volume of requests or some other mitigating circumstance prevents the utility owner or operator from locating in accordance with Code Section 25-9-7.

      (B) No later than January 1, 2006, the advisory committee shall recommend to the commission for adoption a tiered penalty structure for local governing authorities. Such structure shall take into account the size, annual budget, gross receipts, number of utility connections and types of utilities within the territory of the local governing authority. Such penalty structure shall also take into account the number of locate requests received annually by the local governing authority, the number of locate codes made annually to the local governing authority from the UPC, the number of utility customers whose service may have been interrupted by violations of this chapter, and the duration of such interruptions. Such penalty structure shall also consider the cost of compliance. The penalty structure shall establish for each tier the maximum penalty per violation and per 12 month period at a level to induce compliance with this chapter. Such maximum penalty shall not exceed $5,000.00 per violation or $50,000.00 per 12 month period for the highest tier.

      (3) If commission investigators find that a probable violation has occurred, they may recommend training in lieu of penalties to any person for any violation. The commission shall provide suggestions for corrective action to any person requesting such assistance. Commission investigators shall make recommended findings or offers of settlement to the respondent.

      (4) Any respondent may accept or disagree with the settlement recommended by the investigators. If the respondent disagrees with the recommended settlement, the respondent may dispute the settlement recommendation to the advisory committee. The advisory committee shall then render a recommendation either supporting the investigators' recommendation, rejecting the investigators' recommendation, or substituting its own recommendation. With respect to an investigation of any probable violation committed by a local governing authority, any recommendation by the advisory committee shall be in accordance with the provisions of paragraph (2) of this subsection. In its deliberations the advisory committee shall consider the gravity of the violation or violations; the degree of the respondent's culpability; the respondent's history of prior offenses; and such other mitigating factors as may be appropriate. If the advisory committee determines that a respondent has made a good faith effort to comply with this chapter, the committee shall not recommend civil penalties against the respondent. To the extent that a respondent does not accept a settlement agreement or request to dispute the recommendation of the investigators to the advisory committee, the respondent shall be assigned to a hearing officer or administrative law judge.

      (5) If any respondent disagrees with the recommendation of the advisory committee, after notice and hearing by a hearing officer or administrative law judge, such officer or judge shall make recommendations to the commission regarding enforcement, including civil penalties. Any such recommendations relating to a local governing authority shall comply with the provisions of paragraph (2) of this subsection. The acceptance of the recommendations by the respondent at any point will stop further action by the investigators in that case.

      (6) When the respondent agrees with the advisory committee recommendation, the investigators shall present such agreement to the commission. The commission is then authorized to adopt the recommendation of the advisory committee regarding a civil penalty, or to reject such a recommendation. The commission is not authorized to impose a civil penalty greater than the civil penalty recommended by the advisory committee or to impose any civil penalty if the advisory committee does not recommend a civil penalty.

      (7) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter as a result of a failure to exercise additional care in accordance with subsection (d) of Code Section 25-9-8 or reasonable care in accordance with other provisions of this chapter. Any such recommendations relating to a local governing authority shall comply with the provisions of paragraph (2) of this subsection. Any proceeding or civil penalty undertaken pursuant to this Code section shall neither prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action except as otherwise provided in this chapter.

10. All civil penalties ordered by the commission and collected pursuant to this Code section shall be deposited in the general fund of the state treasury. (Code 1981, § 25-9-13 , enacted by Ga. L. 1986, p. 1069, § 1; Ga. L. 1989, p. 495, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2000, p. 1706, § 19; Ga. L. 2005, p. 1142, § 10/SB 274; Ga. L. 2014, p. 652, § 7/SB 117; Ga. L. 2014, p. 866, § 25/SB 340; Ga. L. 2015, p. 5, § 25/HB 90.)

The 2014 amendments. The first 2014 amendment, effective July 1, 2014, rewrote this Code section. The second 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, deleted "(h)" at the beginning of subdivision (h)(2)(A).

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, revised language in the introductory language of subsection (a).

Editor's notes. - See the editor's notes to Code Section 25-9-12.

25-10-1. Definitions.

1. As used in this chapter, the term:
   1. "Consumer fireworks" means any small fireworks devices containing restricted amounts of pyrotechnic composition, designed primarily to produce visible or audible effects by combustion, that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall mean Roman candles.
   2. "Consumer fireworks retail sales facility" shall have the same meaning as provided for by NFPA 1124; provided, however, that such term shall not include a tent, canopy, or membrane structure.
   3. "Consumer fireworks retail sales stand" shall have the same meaning as provided for by NFPA 1124.
   4. "Distributor" means any person, firm, corporation, association, or partnership which sells consumer fireworks.

      (4.1) "Electric plant" shall have the same meaning as provided for in Code Section 46-3A-1.

   5. "Fireworks" means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, firecrackers, torpedos, skyrockets, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance.
   6. "NFPA 1124" means the National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition.
   7. "Nonprofit group" means any entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, any entity incorporated under Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," or a sponsored organization of a public or private elementary or secondary school in this state.
   8. "Proximate audience" means an audience closer to pyrotechnic devices than permitted by the National Fire Protection Association Standard 1123, Code for Fireworks Display, as adopted by the Safety Fire Commissioner.
   9. "Pyrotechnics" means fireworks.
   10. "Store" shall have the same meaning as provided for by NFPA 1124; provided, however, that such term shall only include such buildings with at least 4,000 square feet of retail display space and wherefrom:
       1. No more than 25 percent of such retail display space is used for consumer fireworks and items or products as provided for under paragraph (2) of subsection (b) of this Code section; and
       2. Other items or products which are not consumer fireworks or items or products as provided for under paragraph (2) of subsection (b) of this Code section are sold;

          and provided, further, that such term means a person, firm, corporation, association, or partnership with more than one mercantile location, where all such mercantile locations are collectively known to the public by the same name or share central management.

   11. "Waste-water treatment plant" shall have the same meaning as provided for in Code Section 43-51-2.
   12. "Water treatment plant" shall have the same meaning as provided for in Code Section 43-51-2.
2. As used in this chapter, the term "consumer fireworks" or "fireworks" shall not include:
   1. Model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term "consumer fireworks" or "fireworks" include ammunition consumed by weapons used for sporting and hunting purposes; and
   2. Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes; snake and glow worms; smoke devices; or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture.

      (Ga. L. 1955, p. 550, § 2; Ga. L. 1962, p. 11, § 1; Ga. L. 1986, p. 798, § 1; Ga. L. 2003, p. 294, § 1; Ga. L. 2005, p. 596, § 1/SB 133; Ga. L. 2007, p. 47, § 25/SB 103; Ga. L. 2015, p. 274, § 2/HB 110; Ga. L. 2016, p. 64, § 5/HB 727.)

The 2015 amendment, effective July 1, 2015, added paragraphs (a)(1) through (a)(4); redesignated former paragraph (a)(1) as present paragraph (a)(5); near the middle of present paragraph (a)(5), deleted "balloons requiring fire underneath to propel them," preceding "fireworks" and deleted "Roman candles" preceding "bombs"; added paragraphs (a)(6) and (a)(7); redesignated former paragraphs (a)(2) and (a)(3) as present paragraphs (a)(8) and (a)(9), respectively; added paragraphs (a)(11) and (a)(12); inserted "'consumer fireworks' or" in subsection (b) and paragraph (b)(1); and, in the middle of paragraph (b)(2), substituted "500 grams" for "200 grams" and inserted "smoke devices; or".

The 2016 amendment, effective April 26, 2016, added the proviso at the end of paragraph (a)(2); added paragraph (a)(4.1); added ", any entity incorporated under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' or a sponsored organization of a public or private elementary or secondary school in this state" at the end of paragraph (a)(7); deleted former paragraph (a)(10), which read: "'Retail chain' means a person, firm, corporation, association, or partnership with more than one store, where all such stores are collectively known to the public by the same name or share central management."; redesignated former paragraph (a)(11) as present paragraph (a)(10), and, in paragraph (a)(10), added the proviso at the end of the introductory language and added subparagraphs (a)(10)(A) and (a)(10)(B); and added paragraphs (a)(11) and (a)(12).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2015, "party poppers, string poppers" was substituted for "party peppers, string peppers" in paragraph (b)(2).

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 165 (2003).

25-10-2. Prohibited fireworks activities; application of noise ordinances.

1. It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or ignite or cause to be ignited, or to possess, manufacture, transport, or store any consumer fireworks or fireworks, except as otherwise provided in this chapter.
2. 1. Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person, firm, corporation, association, or partnership to sell consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person under 18 years of age.
   2. It shall be unlawful to sell consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person by any means other than an in-person, face-to-face sale. Such person shall provide proper identification to the seller at the time of such purchase. For purposes of this paragraph, the term "proper identification" means any document issued by a governmental agency containing a description of the person or such person's photograph, or both, and giving such person's date of birth and includes without being limited to a passport, military identification card, driver's license, or identification card authorized under Code Sections 40-5-100 through 40-5-104.
   3. 1. It shall be unlawful to use fireworks, consumer fireworks, or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors or within the right of way of a public road, street, highway, or railroad of this state.
      2. Except as provided for in subparagraph (D) or (E) of this paragraph and subject to paragraph (4) of this subsection and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited any consumer fireworks:
         1. On any day beginning at the time of 10:00 A.M. and up to and including the ending time of 11:59 P.M., unless during such times the noise from such use or ignition is not in compliance with a noise ordinance of a county or municipal corporation as provided for in subsection (c) of this Code section, except as otherwise provided for under this subparagraph; provided, however, that a county or municipal corporation may additionally require the issuance of a special use permit pursuant to subparagraph (D) of this paragraph for use or ignition;
         2. On January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after the time of 10:00 A.M. and up to and including the time of 11:59 P.M.; and
         3. On January 1 of each year beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M.
      3. Subject to subparagraph (D) of this paragraph, paragraph (4) of this subsection, and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited any consumer fireworks anywhere in this state except:
         1. As provided for under subparagraph (A) of this paragraph;
         2. In any location where such person, firm, corporation, association, or partnership is not lawfully present or is not otherwise lawfully permitted to use or ignite or cause to be ignited any consumer fireworks;
         3. Within 100 yards of an electric plant; water treatment plant; waste-water treatment plant; a facility engaged in the retail sale of gasoline or other flammable or combustible liquids or gases where the volume stored is in excess of 500 gallons for the purpose of retail sale; a facility engaged in the production, refining, processing, or blending of any flammable or combustible liquids or gases for retail purposes; any public or private electric substation; or a jail or prison;
         4. Within 100 yards of the boundaries of any public use air facility provided for under Title 6 or any public use landing area or platform marked and designed for landing use by helicopters;
         5. Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of a governing authority of a county or municipal corporation, except pursuant to a special use permit as provided for in subparagraph (D) of this paragraph;
         6. Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of the State of Georgia, except pursuant to any rules and regulations of the agency or department having control of such property which may allow for such use or ignition of consumer fireworks;
         7. Within 100 yards of a hospital, nursing home, or other health care facility regulated under Chapter 7 of Title 31; provided, however, that an owner or operator of such facility may use or ignite or cause to be ignited consumer fireworks on the property of such facility or may grant written permission to any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited consumer fireworks on the property of such facility; or
         8. While under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is less safe or unlawful for such person to ignite consumer fireworks as provided for in Code Section 25-10-2.1.
      4. Any person, firm, corporation, association, or partnership may use or ignite or cause to be ignited any consumer fireworks as provided for under divisions (3)(B)(i) and (3)(C)(v) of this subsection if such person, firm, corporation, association, or partnership is issued a special use permit pursuant to the law of a governing authority of a county or municipal corporation for the use or ignition of consumer fireworks in a location within such county or municipality as provided for under divisions (3)(B)(i) and (3)(C)(v) of this subsection, provided that such special use permit is required for such use or ignition. Such special use permit shall designate the time or times and location that such person, firm, corporation, association, or partnership may use or ignite or cause to be ignited such consumer fireworks. A fee assessed by a county or municipal corporation for the issuance of a special use permit pursuant to this subparagraph shall not exceed $100.00. No governing authority or official of a county, municipality, or other political subdivision shall bear liability for any decisions made pursuant to this Code section.
      5. Whenever the Keetch-Byram Drought Index reaches a level of 700 or above for any geographical area within a county, the Governor may, in consultation with the State Forestry Commission and the Department of Natural Resources and for purposes of this Code section, issue a declaration of drought for such county and enact further regulations and restrictions prohibiting any person, firm, corporation, association, or partnership to ignite or cause to be ignited consumer fireworks within the boundaries of such county for the duration of such declaration; provided, however, that upon expiration or conclusion of such declaration or the level on the Keetch-Byram Drought Index receding below 700, whichever occurs first, such further regulations or restrictions shall be rescinded by law.
   4. 1. It shall be lawful for any person 18 years of age or older to use or ignite or cause to be ignited or to possess, manufacture, transport, or store consumer fireworks.
      2. To the extent otherwise permitted by law, it shall be lawful for any person who is 16 or 17 years of age to possess or transport consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1 and is not transporting such consumer fireworks on a highway which constitutes a part of The Dwight D. Eisenhower System of Interstate and Defense Highways.
   5. 1. It shall be lawful for any person 18 years of age or older to sell or to offer for sale at retail or wholesale any consumer fireworks pursuant to the requirements of this chapter.
      2. It shall be lawful for any person who is 16 or 17 years of age to sell or to offer for sale at retail or wholesale any consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1.
   6. 1. It shall be lawful to sell consumer fireworks from a permanent consumer fireworks retail sales facility or store only if such permanent consumer fireworks retail sales facility or store is:
         1. In compliance with the requirements for such a permanent consumer fireworks retail sales facility or store in the selling of consumer fireworks as provided for in NFPA 1124; and
         2. Selling consumer fireworks of a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1.
      2. It shall be lawful to sell consumer fireworks from a temporary consumer fireworks retail sales stand only if such temporary consumer fireworks retail sales stand is:
         1. In compliance with the requirements for such a temporary consumer fireworks retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124;
         2. Within 1,000 feet of a fire hydrant of a county, municipality, or other political subdivision or a fire department connection of a building affiliated with such consumer fireworks retail sales stand, unless the chief administrative officer of the fire department of a county, municipality, or other political subdivision or chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority over such location of the temporary consumer fireworks retail sales stand provides in writing that such temporary consumer fireworks retail sales stand may operate in excess of 1,000 feet from such fire hydrant or fire department connection; and
         3. Selling consumer fireworks of a distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1.

            A distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 may operate no more than two temporary consumer fireworks retail sales stands in this state per location licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1; provided, however, that such distributor has been operating and open to the public pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 30 days prior to July 4 or December 31 in the year of an application for a license under subsection (c) of Code Section 25-10-5.1 that is filed within 30 days of July 4 or December 31.

      3. It shall be unlawful to sell consumer fireworks from any motor vehicle, from a trailer towed by a motor vehicle, or from a tent, canopy, or membrane structure.
3. Any noise ordinance of a county or municipal corporation which is to have effect for purposes of subdivision (b)(3)(B)(i) shall have been enacted or reenacted on or after July 1, 2018, and shall:
   1. Be a general noise ordinance concerning all manner of sounds or noises and such county or municipal corporation shall not have any ordinance separately pertaining to sounds or noises emanating exclusively from consumer fireworks; and
   2. Not have been enacted or reenacted unless notice of the meeting in which such noise ordinance was enacted or reenacted was published one time at least 15 days in advance of such meeting in the legal organ of such county or municipal corporation and was posted for at least 72 hours at least 15 days in advance of such meeting on the homepage of the official website of such county or municipal corporation. Such notice shall state the date, time, and place of such meeting and that such noise ordinance which will affect the use of consumer fireworks will be acted upon.

      (Ga. L. 1955, p. 550, § 3; Ga. L. 1962, p. 11, § 2; Ga. L. 1996, p. 945, § 1; Ga. L. 2005, p. 596, § 2/SB 133; Ga. L. 2015, p. 274, § 3/HB 110; Ga. L. 2016, p. 64, § 6/HB 727; Ga. L. 2018, p. 181, § 1/HB 419.)

The 2015 amendment, effective July 1, 2015, inserted "consumer fireworks or" near the end of subsection (a) and rewrote subsection (b).

The 2016 amendment, effective April 26, 2016, substituted "use or ignite or cause to be ignited" for "use or explode or cause to be exploded" in the middle of subsection (a) and rewrote subsection (b).

The 2018 amendment, effective July 1, 2018, deleted "9:00 P.M.;" following "ending time of" at the end of division (b)(3)(B)(i); substituted "11:59 P.M., unless during such times the noise from such use or ignition is not in compliance with a noise ordinance of a county or municipal corporation as provided for in subsection (c) of this Code section," for "(ii) On any day after the time of 9:00 P.M. and up to and including the time of 11:59 P.M. if such use or ignition is lawful pursuant to any noise ordinance of the county or municipal corporation of the location in which such use or ignition occurs,"; redesignated former division (b)(3)(B)(iii) as present division (b)(3)(B)(ii); in division (b)(3)(B)(ii), inserted "the last Saturday and Sunday in May,", inserted "the first Monday in September,", and substituted "10:00 A.M." for "9:00 A.M."; redesignated former division (b)(3)(B)(iv) as present division (b)(3)(B)(iii); substituted "divisions (3)(B)(i) and (3)(C)(v)" for "divisions (3)(B)(ii) and (3)(C)(v)" twice in the first sentence of subparagraph (b)(3)(D); substituted the present provisions of subparagraph (b)(3)(E) for the former provisions, which read: "Whenever the Governor issues a declaration of drought, the Governor may, for the boundaries of the area covered by such declaration, enact further regulations and restrictions concerning the use of consumer fireworks than provided for under this chapter; provided, however, that no such further regulations or restrictions on the use of consumer fireworks shall be effective pursuant to this subparagraph on January 1, July 3, July 4, or December 31 of any year; provided, further, that such further regulations or restrictions shall only apply to the exact boundaries of the area covered by such declaration and shall only apply with regard to the ignition of consumer fireworks; and provided, further, that upon expiration or conclusion of such declaration, such further regulations or restrictions shall be rescinded by law."; and added subsection (c).

Cross references. - Nuisance defined generally, § 41-1-1 .

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

25-10-2.1. Use of fireworks and consumer fireworks while under the influence; violation.

1. It shall be unlawful for any person to ignite consumer fireworks or fireworks while:
   1. Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for such person to ignite consumer fireworks or fireworks; or
   2. Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in such person's blood or urine, or both, including the metabolites and derivatives of each or both, without regard to whether or not any alcohol is present in such person's breath or blood.
2. The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of igniting consumer fireworks or fireworks safely as a result of using a drug other than alcohol which such person is legally entitled to use.
3. Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor. (Code 1981, § 25-10-2.1 , enacted by Ga. L. 2016, p. 64, § 7/HB 727.)

Effective date. - This Code section became effective April 26, 2016.

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

25-10-3. Permitted sales and uses of fireworks.

Nothing in this chapter shall be construed to prohibit the following:

1. The wholesale or retail sale of fireworks for use in a public exhibition or public display and the transportation of fireworks for such use, provided that any person selling at wholesale or retail or transporting fireworks for such use must have a duplicate copy of the permit which has been issued by the judge of the probate court to a person, firm, corporation, association, or partnership which has been authorized to hold a public exhibition or display, and provided, further, that the seller maintains and makes available for inspection by the Safety Fire Commissioner or the designee thereof the record of any such fireworks sale for a period of 18 months from the date of sale;
2. Use by railroads or other transportation agencies of fireworks specifically designed and intended for signal purposes or illumination;
3. The sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletic or sports events or for use by military or police organizations; or
4. The manufacture of any fireworks not prohibited by Congress or any federal agency; the possession, transportation, and storage of any such fireworks by any manufacturer thereof; the storage of certain such fireworks by a nonmanufacturer in accordance with the provisions of Code Section 25-10-3.1; the possession, transportation, or distribution of any such fireworks to a distributor located outside this state; the sale of such fireworks by any such manufacturer to a distributor located outside this state; or the possession and transportation of such fireworks by any manufacturer or contractor or common carrier from the point of manufacture within this state to any point outside this state.

   (Ga. L. 1955, p. 550, § 5; Ga. L. 1962, p. 11, § 4; Ga. L. 1969, p. 1144, § 1; Ga. L. 1996, p. 945, § 2.)

25-10-3.1. Storage of fireworks by licensed nonmanufacturers.

1. Fireworks defined as Class B explosives or the equivalent thereof by regulations of the United States Department of Transportation set forth in Part 173 of Title 49 of the Code of Federal Regulations and which are to be used only for purposes of a public exhibition or display pursuant to Code Section 25-10-4 may be stored by a person, firm, or corporation, other than a manufacturer, pursuant to a magazine license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in a form to be prescribed by the Commissioner. The application shall include a letter of acknowledgment and endorsement from the local authority having responsibility for fire suppression.
2. Any application for a magazine license made pursuant to subsection (a) of this Code section shall be accompanied by plans for the magazine proposed to be used for storage of Class B explosives or the equivalent thereof, in such detail and in such number of copies as required by the Safety Fire Commissioner. Construction of a magazine for storage of fireworks pursuant to this Code section shall not commence until the plans therefor have been approved by the state fire marshal and returned to the applicant.
3. No license shall be issued pursuant to this Code section unless:
   1. The applicant currently holds a valid license or permit to receive explosive materials including Class B explosives or the equivalent thereof issued pursuant to regulations of the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury;
   2. The applicant presents a copy of a valid permit for a public exhibition or display of fireworks issued pursuant to Code Section 25-10-4;
   3. The state fire marshal or the designee thereof has determined upon inspection that the constructed magazine meets or exceeds the requirements for magazines to be used for storing Class B explosives or the equivalent thereof as established by regulations and adopted codes and standards of the Safety Fire Commissioner; and
   4. The state fire marshal or the designee thereof has determined upon inspection that the constructed magazine meets or exceeds any additional requirements applicable to magazines to be used for storage of Class B explosives or the equivalent thereof by nonmanufacturers as may be established by regulation promulgated pursuant to Code Section 25-10-5.
4. Any license issued pursuant to this Code section shall be subject to the annual license fee and expiration date provisions of Code Section 25-10-5. The initial annual fee for a magazine license shall be submitted along with the application for such license.
5. Any fireworks stored under any magazine license issued pursuant to this Code section shall be stored in an approved magazine and in accordance with the regulations for storing Class B explosives or the equivalent thereof as established by regulations of the Safety Fire Commissioner and any additional requirements for storage of such explosives by nonmanufacturers as may be established by regulation promulgated pursuant to Code Section 25-10-5, for a period of time not to exceed 60 days before and 60 days after the permitted date of a public exhibition or display of fireworks pursuant to Code Section 25-10-4.
6. Any violation of the provisions of this Code section shall be grounds for revoking a magazine license. (Code 1981, § 25-10-3.1 , enacted by Ga. L. 1996, p. 945, § 3.)

25-10-3.2. License required for pyrotechnics exhibits; requirements; penalty for violations.

1. No person, firm, corporation, association, or partnership shall cause the combustion, explosion, deflagration, detonation, or ignition of pyrotechnics for the purpose of a public exhibition or display before a proximate audience unless such person, firm, corporation, association, or partnership holds a valid license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in the form prescribed by the Safety Fire Commissioner.
2. All applicants must meet the following requirements for licensure:
   1. The applicant shall submit to the Safety Fire Commissioner proof of a valid comprehensive liability insurance policy purchased from an insurer authorized to do business in Georgia. The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The proof of insurance must also be provided before any license can be renewed. The minimum amount of said coverage shall be $1 million or such other amount as specified by the Safety Fire Commissioner. An insurer that provided such coverage shall notify the Safety Fire Commissioner of any change in coverage;
   2. The applicant shall pay the required licensing fee as prescribed in Code Section 25-10-5; and
   3. The applicant shall comply with all rules and regulations promulgated by the Safety Fire Commissioner pursuant to this chapter.
3. Any violation of this chapter shall be grounds for revocation or denial of licensure to conduct pyrotechnic displays. (Code 1981, § 25-10-3.2 , enacted by Ga. L. 2003, p. 294, § 2; Ga. L. 2016, p. 64, § 8/HB 727.)

The 2016 amendment, effective April 26, 2016, substituted "deflagration, detonation, or ignition" for "deflagration, or detonation" near the beginning of subsection (a).

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016). For note on the 2003 enactment of this Code section, see 20 Ga. St. U.L. Rev. 165 (2003).

25-10-4. Requirement of permit for conduct of fireworks display; application; imposition of conditions as to granting of permit; duration and transfer of permit; disposition of excess fireworks; fees.

1. Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of fireworks not before a proximate audience shall first obtain a permit from the judge of the probate court of the county in which the public exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days prior to the date of the proposed public exhibition or display of fireworks. Fireworks distributors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The judge may grant a permit for the display on the following conditions:
   1. That the display be conducted by a competent operator approved by the judge;
   2. That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property;
   3. That the local fire official responsible for the area in question certifies in writing that the site for the display meets his or her approval and is in compliance with all applicable codes; and
   4. That the application be accompanied by a bond in the principal sum of $10,000.00, payable to the county in which the display is being held and conditioned for the payment of damages which may be caused either to persons or to property by reason of the display or, alternatively, that the application be accompanied by evidence that the applicant carries proper liability insurance for bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in the amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Commissioner of Insurance.
2. Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of fireworks before a proximate audience shall first obtain a permit from the judge of the probate court of the county in which the public exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days prior to the date of the proposed public exhibition or display of fireworks. Such application must contain the license number issued by the Safety Fire Commissioner for the person, firm, corporation, association, or partnership that will cause the combustion, explosion, deflagration, or detonation of pyrotechnics at the public exhibition or display. Fireworks distributors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The judge may grant a permit for the display on the following conditions:
   1. That the display be conducted by a competent operator approved by the judge;
   2. That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property;
   3. That the local fire official responsible for the area in question certifies in writing that the site for the display meets his or her approval and is in compliance with all applicable codes; and
   4. That the application be accompanied by a bond in the principal sum of $10,000.00, payable to the county in which the display is being held and conditioned for the payment of damages that may be caused either to persons or to property by reason of the display or, alternatively, that the application be accompanied by evidence that the applicant carries property liability insurance for bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in the amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Commissioner of Insurance.
3. No permit, as provided for in subsections (a) and (b) of this Code section, shall be granted unless the applicant has met all the requirements of and is in full compliance with the rules and regulations promulgated by the Safety Fire Commissioner pursuant to this chapter.
4. The permit provided for in subsection (a) or (b) of this Code section shall be limited to the time specified therein, such time not to exceed a two-week period. The permit shall not be transferable. In the event any fireworks bought and possessed under this Code section are not used by the licensee or in the event that there is a surplus or excess after the two-week period expires, it shall be the duty of the licensee to return such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in accordance with Code Section 25-10-3.1 and regulations shall not be deemed contraband and shall not be subject to seizure.
5. The judge of the probate court shall receive $10.00 for his or her services in granting or refusing the original permit and $1.00 for each copy issued, to be paid by the applicant. The judge of the probate court shall provide the Safety Fire Commissioner a copy of each permit granted prior to the proposed date of the public exhibition or display.

   (Ga. L. 1955, p. 550, §§ 3, 4; Ga. L. 1962, p. 11, § 3; Ga. L. 1994, p. 317, § 1; Ga. L. 1996, p. 945, § 4; Ga. L. 2003, p. 294, § 3.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1995, "Commissioner of Insurance" was substituted for "Insurance Commissioner" at the end of paragraph (a)(3) [now paragraph (a)(4)].

Law reviews. - For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 165 (2003).

25-10-4.1. Employment of persons under age 18 in connection with fireworks storage or public displays.

No person under the age of 18 shall be employed to work at any magazine, or at any facility containing a magazine, wherein fireworks are stored or to work in any public exhibition or display of fireworks.

(Code 1981, § 25-10-4.1 , enacted by Ga. L. 1996, p. 945, § 5.)

25-10-5. License and fee for manufacture, storage, and transportation of fireworks or pyrotechnic displays; promulgation of safety regulations; conduct of inspections.

The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under Code Section 25-10-3.2 shall be $1,500.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is also authorized and directed to promulgate safety regulations relating to the public exhibition or display of pyrotechnics and the licensing requirements of those conducting such public exhibitions or displays, as he or she deems necessary. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order to ensure compliance with fire safety rules and regulations.

(Ga. L. 1969, p. 1144, § 2; Ga. L. 1986, p. 798, § 2; Ga. L. 1996, p. 945, § 6; Ga. L. 2003, p. 294, § 4; Ga. L. 2010, p. 9, § 1-51/HB 1055.)

Law reviews. - For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 165 (2003).

25-10-5.1. Requirements for issuance of license to distribute consumer fireworks; required signage.

1. 1. A license pursuant to this Code section shall only be issued to a distributor that:
      1. Complies with all the requirements of this chapter; and
      2. Maintains at all times public liability and product liability insurance with minimum coverage limits of $2 million to cover the losses, damages, or injuries that might ensue to persons or property as a result of selling consumer fireworks.
   2. Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an application executed pursuant to this Code section shall be guilty of a violation of Code Section 16-10-20.
   3. Applications to the Safety Fire Commissioner pursuant to this Code section shall be upon forms prescribed and promulgated by the Safety Fire Commissioner.
   4. Any person, firm, corporation, association, or partnership seeking a license pursuant to subsection (b) or (d) of this Code section shall have property from which the applicant intends to sell consumer fireworks under such person's, firm's, corporation's, association's, or partnership's ownership or legal control through a lease, rental agreement, licensing agreement, or other contractual instrument at the time of filing the application for such license, and such property shall be in a condition ready for inspection.
2. 1. The initial license fee for a distributor selling consumer fireworks from a permanent consumer fireworks retail sales facility shall be $1,500.00 per location, payable to the Safety Fire Commissioner; provided, however, that the initial license fee shall be $5,000.00 for a distributor that is not licensed pursuant to this subsection prior to July 1, 2016. Upon finding that a distributor has met the requirements of subsection (a) of this Code section and upon payment of such license fee, such initial license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such initial license shall expire on January 31 of the year after such initial license was issued or as otherwise provided for under this subsection. After such initial license, such distributor may annually renew such initial license, which shall then become an annual license, for $1,000.00 per year, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of subsection (a) of this Code section and upon payment of such license fee, such annual license shall be issued by the Safety Fire Commissioner and shall identify the permanent consumer fireworks retail sales facility applicable to such license. Such annual license shall expire on January 31 of each year or as otherwise provided for under this subsection; provided, however, that a distributor shall apply for an annual license or renewal of an annual license by December 1 in the year preceding the expiration date of such initial or annual license; and provided, further, that if an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year.
   2. The determination by the Safety Fire Commissioner of whether a distributor has met requirements for the issuance of a license required by this subsection shall be made within 30 days of the submission of an application for any initial or annual license; provided, however, that if a license will expire prior to the expiration of such 30 days and no such determination has been made by the Safety Fire Commissioner, then the expiration date for such license shall be extended until the date of such determination by the Safety Fire Commissioner but for no more than 30 days. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the permanent consumer fireworks retail sales facility. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection.
3. 1. The license fee for a distributor selling consumer fireworks from a temporary consumer fireworks retail sales stand shall be $500.00 per location, payable to the governing authority of the county, municipality, or other political subdivision of this state in whose boundaries such temporary consumer fireworks retail sales stand shall be located or is proposed to be located. Upon finding that a distributor has met the requirements of subsection (a) of this Code section, has a license pursuant to subsection (b) or (d) of this Code section, has no more than the allowable temporary consumer fireworks retail sales stands pursuant to subparagraph (b)(6)(B) of Code Section 25-10-2, that the sales of consumer fireworks from such temporary consumer fireworks retail sales stand shall accrue to the benefit of a nonprofit group, and upon payment of such license fee, such license shall be issued by the fire department of the county, municipality, or other political subdivision or the chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority of the area in which such temporary consumer fireworks retail sales stand shall be located or is proposed to be located. Such license shall identify the temporary consumer fireworks retail sales stand applicable to such license and shall expire on the next January 31 after the issuance of such license.
   2. A determination by a fire department as provided for under paragraph (1) of this subsection of whether a distributor has met requirements for the issuance of a license pursuant to this subsection shall be made within 30 days of the submission of an application for any such license. Such application shall be in writing and, if such fire department provides for a written form for the application for a license pursuant to this Code section, upon such form as may be provided by such fire department. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by such fire department, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the temporary consumer fireworks retail sales stand. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection.
   3. For at least one of the temporary consumer fireworks retail sales stands provided for under subparagraph (b)(6)(B) of Code Section 25-10-2, a nonprofit group benefiting from the sale of consumer fireworks from such temporary consumer fireworks retail sales stand shall directly participate in operating such temporary consumer fireworks retail sales stand. It shall be unlawful for a nonprofit group or any agent or bona fide representative of a nonprofit group to knowingly lend the name of the nonprofit group or allow the identity of the nonprofit group to be used for the license under this subsection if such nonprofit group is not directly participating in operating, or benefiting from the operation of, such temporary consumer fireworks retail sales stand.
   4. The governing authority of a county, municipality, or other political subdivision receiving fees pursuant to this Code section shall expend such fees for public safety purposes.
   5. A distributor licensed pursuant to this subsection shall submit a list of the names and addresses, including the counties, of each temporary consumer fireworks retail sales stand at which such distributor has consumer fireworks offered for sale pursuant to this Code section to the Safety Fire Commissioner. Such list shall be submitted not less than 30 days prior to first having a temporary consumer fireworks retail sales stand at which such distributor has consumer fireworks offered for sale and not less than 30 days prior to having such distributor's consumer fireworks offered for sale at a location not previously included on such list. The Safety Fire Commissioner shall make such list publicly available for inspection. In making determinations as provided for under this subsection, fire departments shall reference the list provided for by this paragraph.
   6. A revocation or suspension of a license provided for under subsection (b) or (d) of this Code section shall operate as a revocation or suspension of a distributor's license under this subsection for the term of such revocation or suspension.
4. 1. The initial license fee for a distributor selling consumer fireworks from a store shall be $1,500.00 in addition to $250.00 per store location, payable to the Safety Fire Commissioner. Upon finding that a distributor has met the requirements of subsection (a) of this Code section, such initial license shall be issued by the Safety Fire Commissioner; provided, however, that such distributor has been operating and open to the public no less than 30 days prior to July 4 or December 31 in the year of an application for an initial license that is filed within 30 days of July 4 or December 31; and provided, further, that a distributor holding an initial license may add additional store locations to such license prior to the expiration of such license upon payment of $250.00 per added store location. Such initial license shall expire on January 31 of the year after such initial license was issued or as otherwise provided for under this subsection. After such initial license, such distributor may annually renew such initial license, which shall then become an annual license, for $1,000.00 in addition to $100.00 per store location, payable to the Safety Fire Commissioner; provided, however, that a distributor holding an annual license may add additional store locations to such license prior to the expiration of such license upon payment of $250.00 per added store location. Upon finding that a distributor has met the requirements of subsection (a) of this Code section, such annual license shall be issued by the Safety Fire Commissioner. Such annual license shall expire on January 31 of each year or as otherwise provided for under this subsection; provided, however, that a distributor shall apply for an annual license or renewal of an annual license by December 1 in the year preceding the expiration date of such initial or annual license; and provided, further, that if an initial license is issued to a distributor on or after December 1, then such distributor shall apply for an annual license by the first business day of the next year.
   2. An application submitted under this subsection shall identify each store location to which an initial or annual license is applicable; there shall not be a requirement for a separate application for each of the several store locations. The determination by the Safety Fire Commissioner of whether a distributor has met requirements for the issuance of a license required by this subsection shall be made within 30 days of the submission of an application for any initial or annual license; provided, however, that if a license will expire prior to the expiration of such 30 days and no such determination has been made by the Safety Fire Commissioner, then the expiration date for such license shall be extended until the date of such determination by the Safety Fire Commissioner but for no more than 30 days. If a determination has not been made within the time provided for by this paragraph, or for an appeal of a determination by the Safety Fire Commissioner, a distributor may seek review from the judge of the probate court of the county of the location or proposed location of the store from which consumer fireworks will be sold. Such judge may provide for the issuance or nonissuance of a license and for the payment of license fees in such manner as is consistent with the provisions of this subsection.
5. 1. Every licensed distributor selling consumer fireworks pursuant to this Code section shall have within the retail display area for consumer fireworks at least one sign providing the following information:
      1. "PLEASE CHECK YOUR LOCAL ORDINANCES PRIOR TO USING OR IGNITING CONSUMER FIREWORKS";
      2. "PLEASE USE CONSUMER FIREWORKS IN ACCORDANCE WITH THEIR AFFIXED CAUTION AND WARNING LABELS"; and
      3. "PLEASE BE A GOOD NEIGHBOR AND BE MINDFUL THAT UNANNOUNCED IGNITION NEAR SOME MILITARY VETERANS AND OTHER PERSONS AND NEAR SOME PETS CAN BE TRAUMATIC".
   2. Such signs shall be at least 22 inches by 28 inches in size, be printed in at least 40 point boldface type in a color contrasting from such sign's background color, and kept free from obstruction and in plain sight of customers. (Code 1981, § 25-10-5.1 , enacted by Ga. L. 2015, p. 274, § 4/HB 110; Ga. L. 2016, p. 64, § 9/HB 727; Ga. L. 2018, p. 181, § 2/HB 419.)

Effective date. - This Code section became effective July 1, 2015.

The 2016 amendment, effective April 26, 2016, rewrote this Code section.

The 2018 amendment, effective July 1, 2018, added subsection (e).

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

25-10-6. Fireworks manufactured, sold, or stored in violation of chapter declared contraband; seizure and disposition thereof; forfeiture.

1. The state fire marshal shall enforce the provisions of this chapter; provided, however, that, in addition, any law enforcement officer or agency of this state or political subdivision thereof may enforce provisions relating to using or igniting or causing to be ignited consumer fireworks. Applicable fire departments of a county, municipality, or other political subdivision or a chartered fire department shall refer cases for enforcement under subsection (c) of Code Section 25-10-5.1 to the state fire marshal. All fireworks or consumer fireworks manufactured, offered for sale, exposed for sale, or stored in violation of this chapter are declared to be contraband and may be seized, taken, and removed, or caused to be removed and destroyed or disposed of at the expense of the owner thereof by the state fire marshal, the Georgia State Patrol, or any sheriff or local police official.
2. Any property declared as contraband pursuant to this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.

   (Ga. L. 1955, p. 550, § 6; Ga. L. 1962, p. 11, § 5; Ga. L. 2015, p. 274, § 5/HB 110; Ga. L. 2016, p. 64, § 10/HB 727.)

The 2015 amendment, effective July 1, 2015, added the present first and second sentences in this Code section.

The 2016 amendment, effective April 26, 2016, designated the existing provisions as subsection (a), and, in subsection (a), added the proviso at the end of the first sentence, in the third sentence, inserted "or consumer fireworks" near the beginning and inserted "or disposed of" in the middle; and added subsection (b).

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

25-10-7. Applicability of provisions of chapter.

This chapter shall not apply to the high explosives covered by Code Section 25-2-17 over which the Safety Fire Commissioner has regulatory control.

(Ga. L. 1955, p. 550, § 8; Ga. L. 1962, p. 11, § 8; Ga. L. 1982, p. 3, § 25.)

25-10-8. Penalty for violations of chapter.

1. Any person, firm, corporation, association, or partnership that violates Code Section 25-10-3.2 shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both.
2. Any person, firm, corporation, association, or partnership that violates any other provision of this chapter shall be guilty of a misdemeanor.

   (Ga. L. 1955, p. 550, § 7; Ga. L. 1962, p. 11, § 6; Ga. L. 2003, p. 294, § 5.)

Law reviews. - For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 165 (2003).

25-10-9. Penalty for illegal use or sale of fireworks.

Notwithstanding any provision of this chapter to the contrary, the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that knowingly violates this chapter to a monetary penalty of up to $2,500.00 for each and every act in violation of this chapter; provided, however, that the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane structure to a monetary penalty of up to $5,000.00 and, if any such person, firm, corporation, association, or partnership is a distributor, then a license revocation for not more than two years. Each sales transaction in violation of this chapter shall be a separate offense.

(Code 1981, § 25-10-9 , enacted by Ga. L. 2005, p. 596, § 3/SB 133; Ga. L. 2015, p. 274, § 6/HB 110; Ga. L. 2016, p. 64, § 11/HB 727.)

The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "Notwithstanding any provision of this chapter to the contrary, any person, firm, corporation, association, or partnership who or which knowingly violates subsection (b) of Code Section 25-10-2 may be punished by a fine not to exceed $100.00. Each sales transaction in violation of subsection (b) of Code Section 25-10-2 shall be a separate offense."

The 2016 amendment, effective April 26, 2016, substituted the present provisions of this Code section for the former provisions, which read: "Notwithstanding any provision of this chapter to the contrary, any person, firm, corporation, association, or partnership that knowingly violates this chapter may be punished by a fine not to exceed $2,500.00. Each sales transaction in violation of this chapter shall be a separate offense."

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

25-10-10. Prohibition on release of certain fire-propelled devices into the air and certain floating lantern devices into public water locations.

It shall be unlawful for any person, firm, corporation, association, or partnership to release or cause to be released any balloon, bag, parachute, or other similar device which requires fire underneath for propulsion or to release or cause to be released any floating water lantern or wish lantern which uses a flame to create a lighting effect in any public waterway, lake, pond, stream, or river.

(Code 1981, § 25-10-10 , enacted by Ga. L. 2015, p. 274, § 7/HB 110.)

Effective date. - This Code section became effective July 1, 2015.

25-10-11. Enforcement; cease and desist orders; license revocation; opportunity for hearing; penalty for failure to comply with order; authority to bring civil action.

1. Whenever the Safety Fire Commissioner shall have reason to believe that any person is or has been violating any provisions of this chapter, the Safety Fire Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the person an order to cease and desist such violation. An order issued under this Code section shall be delivered in accordance with the provisions of subsection (c) of this Code section.
2. Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all licenses issued by the Safety Fire Commissioner for a period of not less than six months and not to exceed five years. If a new license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new license held by such person. In the case of an applicant for a license, violation of any provision of this title or regulations promulgated thereunder may constitute grounds for refusal of the application. Decisions under this subsection may be appealed as provided by law.
3. Any order issued by the Safety Fire Commissioner under this chapter shall contain or be accompanied by a notice of opportunity for hearing which shall provide that a hearing will be held if and only if a person subject to the order requests a hearing in writing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Safety Fire Commissioner or his or her agent or by registered or certified mail or statutory overnight delivery, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law.
4. In addition to other powers granted to the Safety Fire Commissioner under this chapter, the Safety Fire Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Safety Fire Commissioner under this chapter. (Code 1981, § 25-10-11 , enacted by Ga. L. 2016, p. 64, § 12/HB 727.)

Effective date. - This Code section became effective April 26, 2016.

Law reviews. - For article on the 2016 enactment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

25-10-12. Additional grounds for revocation or suspension, refusal, or nonrenewal of licence.

1. In addition to the grounds set forth in Code Section 25-10-11, it is cause for revocation or suspension, refusal, or nonrenewal by the Safety Fire Commissioner of any license issued under this chapter if it is determined that the licensee or applicant has:
   1. Failed to comply with all the requirements of this chapter or the rules and regulations promulgated pursuant thereto;
   2. Failed to maintain the minimum insurance coverage as set forth in this chapter;
   3. Made a material misstatement or misrepresentation or committed a fraud in obtaining or attempting to obtain a license; or
   4. Failed to notify the Safety Fire Commissioner, in writing, within 30 days after a change of residence, principal business address, or name.
2. In addition to other grounds set forth in this Code section, the Safety Fire Commissioner shall not issue a new license under this chapter if the Safety Fire Commissioner finds that the circumstance or circumstances for which the license was previously suspended or revoked still exist or are likely to recur. (Code 1981, § 25-10-12 , enacted by Ga. L. 2016, p. 64, § 12/HB 727.)

Effective date. - This Code section became effective April 26, 2016.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2016, "within" was substituted for "with" in paragraph (a)(4).

Law reviews. - For article on the 2016 enactment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

25-11-1. Short title.

This chapter shall be known and may be cited as the "Georgia Fire Sprinkler Act."

(Code 1981, § 25-11-1 , enacted by Ga. L. 1982, p. 1212, § 1; Ga. L. 1997, p. 1698, § 1; Ga. L. 1998, p. 128, § 25.)

Administrative Rules and Regulations. - Rules and Regulations for Enforcement of the Georgia Fire Sprinkler, Official Compilation of the Rules and Regulations of the State of Georgia, Comptroller General, Chapter 120-3-19.

25-11-2. Definitions.

As used in this chapter, the term:

1. "Certificate" or "certificate of competency" means the document issued by the Commissioner to a certificate holder who has demonstrated adequate technical knowledge and ability to design in accordance with recognized standards as adopted by the Commissioner and to perform and supervise the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems.
2. "Certificate holder" means an individual who has been issued a certificate of competency by the Commissioner.
3. "Commissioner" means the Georgia Safety Fire Commissioner.
4. "Fire protection sprinkler contractor" means an individual, partnership, corporation, association, or joint venture that supervises, performs, or supervises and performs the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems. Such term does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacities.
5. "Fire protection sprinkler contractor license" means the document issued by the Commissioner to the fire protection sprinkler contractor which authorizes the fire protection sprinkler contractor to engage in the business of fabrication, installation, repair, alteration, maintenance, or inspection of water-based fire protection systems.
6. "Fire protection sprinkler system" means an integrated system of overhead and underground piping designed in accordance with fire protection engineering standards. The installation includes one or more automatic water supplies. The portion of the system aboveground is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, to which sprinklers are attached in a systematic pattern. The valve controlling each system riser is located in the system riser or its supply piping. The system is usually activated by heat from a fire and discharges water over the fire area.
7. "Fire protection system designer" means a person who develops documents pertaining to water-based fire protection systems.
8. "Fire protection system designer license" means a document issued by the Commissioner which authorizes the fire protection system designer to engage in the business of producing construction shop drawings pertaining to water-based fire protection systems.
9. "Fire protection system inspector" means an individual who performs inspections only on water-based fire protection systems in accordance with applicable codes and standards as adopted by the Commissioner. Such term does not apply to state, local, and insurance inspectors while acting in their official capacities.
10. "Fire protection system inspector's license" means a document issued by the Commissioner which authorizes the fire protection system inspector to engage in the business of inspecting water-based fire protection systems.
11. "Fire pump" means a pump supplying water at the flow and pressure required by water-based fire protection systems.
12. "Foam-water spray system" means a special system pipe connected to a source of foam concentrate and to a water supply and equipped with foam-water spray nozzles for fire protection agent discharge (foam and water sequentially in that order or in reverse order) and distribution over the area to be protected. System operation arrangements parallel those for foam-water sprinkler systems.
13. "Foam-water sprinkler system" means a special system pipe connected to a source of foam concentrates and to a water supply and equipped with appropriate discharge devices for fire protection agent discharge and distribution over the area to be protected. The piping system is connected to the water supply through a control valve that is usually actuated by operation of automatic detection equipment installed in the same area as the sprinklers. When this valve opens, water flows into the piping system, and foam concentrate is injected into the water. The resulting foam solution discharging through the discharge devices generates and distributes foam. Upon exhaustion of the foam concentrate supply, water discharge will follow the foam and continue until manually shut off. Existing deluge sprinkler systems that have been converted to the use of aqueous film forming foam are classified as foam-water sprinkler systems.
14. "Inspection" means a visual examination of a water-based fire protection system or portion thereof to verify that it appears to be in operating condition and is free of physical damage.
15. "Maintenance" means work performed to keep equipment operable or to make repairs without altering the operation of the water-based system.
16. "Private fire service main" means that pipe and its appurtenances on private property that are:
    1. Between a source of water and the base of the system riser for water-based fire protection systems;
    2. Between a source of water and inlets to foam-making systems;
    3. Between a source of water and the base elbow of private hydrants or monitor nozzles;
    4. Used as fire pump suction and discharge piping outside of a building; and
    5. Beginning at the inlet side of the check valve on a gravity or pressure tank.
17. "Private water tank" means a tank supplying water for water-based fire protection systems which is located on private property.
18. "Standpipe system" means an arrangement of piping, valves, hose connections, and allied equipment installed in a building or structure with the hose connections located in such a manner that water can be discharged in streams or spray patterns through attached hoses and nozzles for the purpose of extinguishing a fire, thus protecting a building or structure, its contents, and its occupants. This is accomplished by connection to water supply systems or by pumps, tanks, and other equipment necessary to provide an adequate supply of water-to-hose connections.
19. "Testing" means a procedure to determine the status of a system as intended by conducting periodic physical checks on water-based fire protection systems such as waterflow tests, fire pump tests, alarm tests, and trip tests of dry pipe, deluge, or preaction valves. These tests follow up on the original acceptance test at intervals specified in the appropriate standards related to such systems.
20. "Water-based fire protection system" means any one system or any combination of a number of systems designed to deliver water to an apparatus designed to extinguish or retard the advancement of fire. Such systems include fire protection sprinkler systems, standpipe systems, private fire service mains, fire pumps, private water tanks, water spray fixed systems, foam-water spray systems, and foam-water sprinkler systems. The term "fire sprinkler system" is used interchangeably with this term.
21. "Water-spray fixed system" means a special fixed pipe system connected to a reliable fire protection water supply and equipped with water-spray nozzles for specific water discharge and distribution over the surface or area to be protected. The piping system is connected to the water supply through an automatically or manually activated valve that initiates the flow of water. An automatic valve is actuated by operation of automatic detection equipment installed in the same area as the water-spray nozzles. (Code 1981, § 25-11-2 , enacted by Ga. L. 1982, p. 1212, § 1; Ga. L. 1989, p. 1124, § 1; Ga. L. 1997, p. 1698, § 1.)

25-11-3. Powers and duties of the Commissioner; delegation of authority.

1. The Commissioner is charged with the duty and responsibility for the enforcement of this chapter.
2. Any authority, power, or duty vested in the Commissioner by any provision of this chapter may be exercised, discharged, or performed by any deputy, assistant, or other designated employee acting in the Commissioner's name and by his or her delegated authority.
3. The Commissioner may, at his or her discretion, have the competency and license test prepared by others.
4. The Commissioner is authorized to enter into a reciprocal agreement with the state fire commissioner or state fire marshal of other states for the waiver of the competency test of any applicant resident in such other jurisdiction, provided that:
   1. The laws of the other jurisdiction are substantially similar to this chapter; and
   2. The applicant has no place of business within this state nor is an officer, director, stockholder, or partner in any corporation or partnership doing business in this jurisdiction as a fire protection sprinkler contractor. (Code 1981, § 25-11-3 , enacted by Ga. L. 1982, p. 1212, § 1; Ga. L. 1984, p. 824, § 1; Ga. L. 1997, p. 1698, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1997, "state fire commissioner" was substituted for "State Fire Commissioner" in the introductory language of subsection (d).

25-11-4. Application to become certificate holder; certificate fee; demonstration of applicant's competence and knowledge; limitations on issuance of certificate; expiration and renewal of certificate.

1. Any individual desiring to become a certificate holder shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such individual shall remit with his or her application a nonrefundable certificate fee of $150.00 plus a one-time filing fee of $75.00. Such fee shall not be prorated for portions of a year.
2. Prior to obtaining a certificate, the applicant shall demonstrate his or her competence and knowledge of water-based fire protection systems by:
   1. Successfully completing a competency test by means prescribed by rules and regulations as adopted and promulgated by the Commissioner; or
   2. Submitting to the Commissioner a certification from either the state fire commissioner or state fire marshal of another jurisdiction whenever a reciprocal agreement has been entered into between the two jurisdictions pursuant to the provisions of this chapter.
3. 1. If the applicant has paid the required fees and has met one of the requirements of subsection (b) of this Code section, the Commissioner shall issue a certificate of competency in the name of the applicant, unless such applicant has been cited under other provisions of this chapter. Such certificate shall expire annually as determined by the rules and regulations and shall be nontransferable.
   2. In no case shall a certificate holder be allowed to obtain a certificate of competency for more than one fire protection sprinkler contractor or more than one office location at a time. If the certificate holder should leave the employment of a fire protection sprinkler contractor or change office locations, he or she must notify the Commissioner in writing within 30 days.
4. A certificate holder desiring to renew his or her certificate shall submit a renewal application to the Commissioner and remit therewith a renewal fee of $100.00 on or before the date determined by the rules and regulations of each year. If the state minimum fire safety standards regarding the installation or maintenance of fire protection sprinkler systems or water-spray systems promulgated by the Commissioner have been revised since the date the certificate holder's expiring certificate was issued, the Commissioner may, upon 30 days' notice, require the certificate holder to again meet one of the requirements of subsection (b) of this Code section prior to the renewal of his or her certificate. (Code 1981, § 25-11-4 , enacted by Ga. L. 1982, p. 1212, § 1; Ga. L. 1984, p. 824, § 2; Ga. L. 1989, p. 1124, § 2; Ga. L. 1997, p. 1698, § 1; Ga. L. 2010, p. 9, § 1-52/HB 1055.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1997, "state fire commissioner" was substituted for "state fire Commissioner" in paragraph (b)(2).

25-11-5. Licensing of each location; application; fee; prerequisites.

1. Where a fire protection sprinkler contractor has multiple office locations for the purpose of design, installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems, each location shall be licensed under the provisions of this chapter.
2. Any organization or individual desiring to become a fire protection sprinkler contractor shall submit to the Commissioner a completed application on forms prescribed by him or her. Such organization or individual shall remit with his or her application a nonrefundable license fee of $100.00 plus a one-time filing fee of $75.00. Such fee shall not be prorated for portions of a year.
3. Prior to obtaining a sprinkler contractor's license, the applicant shall:
   1. Submit to the Commissioner a copy of any and all certificate of competency holders' certificates employed by the applicant; and
   2. Submit to the Commissioner proof of comprehensive liability insurance coverage. The liability insurance policy shall provide coverage in an amount not less than $1 million and shall cover any loss to property or personal injury caused by the fire protection sprinkler contractor. The policy must be purchased from an insurer authorized to do business in Georgia.
4. A fire protection sprinkler contractor license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $75.00 on or before the date determined by the rules and regulations of each year. (Code 1981, § 25-11-5 , enacted by Ga. L. 1997, p. 1698, § 1; Ga. L. 2010, p. 9, § 1-53/HB 1055.)

Editor's notes. - Ga. L. 1997, p. 1698, § 1, effective July 1, 1997, renumbered former Code Section 25-11-5 as present Code Section 25-11-8.

25-11-6. Inspector's license.

1. Any individual desiring to become a fire protection sprinkler system inspector shall submit to the Commissioner a completed application on the prescribed forms. Such individual shall remit with his or her application a nonrefundable license fee of $100.00 plus a one-time filing fee of $75.00. Such fees shall not be prorated for portions of a year.
2. Prior to obtaining a license, the applicant shall demonstrate his or her competence and employment by a sprinkler contractor by:
   1. Successfully completing a competency test by means prescribed by rules and regulations as adopted and promulgated by the Commissioner; and
   2. Submitting to the Commissioner proof of employment by a sprinkler contractor who has comprehensive liability insurance coverage. The liability insurance policy shall provide coverage in an amount not less than $1 million and shall cover any loss to property or personal injury caused by the fire protection sprinkler inspector. The policy must be purchased from an insurer authorized to do business in Georgia.
3. A fire protection sprinkler system inspector license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $75.00 on or before the date determined by the rules and regulations of each year. (Code 1981, § 25-11-6 , enacted by Ga. L. 1997, p. 1698, § 1; Ga. L. 2010, p. 9, § 1-54/HB 1055.)

Editor's notes. - Ga. L. 1997, p. 1698, § 1, effective July 1, 1997, renumbered former Code Section 25-11-6 as present Code Section 25-11-12.

25-11-7. Fire protection system designer license.

1. Any individual desiring to become a fire protection system designer shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such individual shall remit with his or her application a nonrefundable license fee of $100.00 plus a one-time filing fee of $75.00. Such fee shall not be prorated for portions of a year.
2. Prior to obtaining a license, the applicant shall demonstrate his or her competence and knowledge of water-based fire protection systems by means prescribed by rules and regulations as adopted and promulgated by the Commissioner or as set forth in Chapter 15 of Title 43.
3. A fire protection system designer license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $75.00 on or before the date determined by the rules and regulations of each year. (Code 1981, § 25-11-7 , enacted by Ga. L. 1997, p. 1698, § 1; Ga. L. 1998, p. 128, § 25; Ga. L. 2010, p. 9, § 1-55/HB 1055.)

Editor's notes. - Ga. L. 1997, p. 1698, § 1, effective July 1, 1997, renumbered former Code Section 25-11-7 as present Code Section 25-11-13.

25-11-8. Requirement that installation, repair, or other work be performed or supervised by certificate holder.

1. No person shall act as a fire protection sprinkler contractor unless a certificate holder is employed full time, in office or on site or combination thereof, to supervise or perform the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems.
2. If the only certificate holder employed by a fire protection sprinkler contractor leaves the employment of the fire protection contractor, the contractor shall notify the Commissioner in writing within 30 days. A new certificate holder must be employed by a fire protection sprinkler contractor within 30 days of such notice.
3. No fire protection sprinkler contractor shall permit any person under his or her employment or control to install, repair, alter, maintain, or inspect any water-based fire protection system unless such person is a certificate holder or is under the direct supervision of a certificate holder employed by the contractor.
4. Only fire protection sprinkler contractors or certificate of competency holders shall alter or renovate water-based fire protection systems except as otherwise provided by this chapter.
5. Individuals employed by the building owner or a representative of the building owner may repair leaks, replace broken fittings, or perform other routine maintenance that does not alter the piping arrangement or operation of a water-based fire protection system.
6. Installations shall conform to codes as adopted by the Commissioner unless otherwise permitted by this chapter or the rules and regulations promulgated pursuant to this chapter.
7. It shall be unlawful for any person to begin installation of a fire sprinkler system on any proposed or existing building or structure which comes under the classification in paragraph (1) of subsection (b) of Code Section 25-2-13 or which comes under the jurisdiction of the office of the Commissioner of Insurance pursuant to Code Section 25-2-12 without first having drawings of the designed system approved by the appropriate authority having jurisdiction unless otherwise provided by the rules and regulations promulgated pursuant to this chapter. (Code 1981, § 25-11-5 , enacted by Ga. L. 1982, p. 1212, § 1; Code 1981, § 25-11-8 , as redesignated by Ga. L. 1997, p. 1698, § 1; Ga. L. 2015, p. 5, § 25/HB 90.)

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, revised language in subsection (g).

Editor's notes. - Ga. L. 1997, p. 1698, § 1, effective July 1, 1997, renumbered former Code Section 25-11-8 as present Code Section 25-11-14.

25-11-9. Review of water-based fire protection shop drawings.

1. Water-based fire protection shop drawings shall be reviewed for code compliance with the state minimum standards by a certificate of competency holder.
2. The reviewing certificate holder's signature, printed name, and certificate number indicating such compliance shall be indicated on submitted plans.
3. Noncode compliance dictated by bid documents shall be reported by means prescribed by the rules and regulations promulgated pursuant to this chapter. (Code 1981, § 25-11-9 , enacted by Ga. L. 1997, p. 1698, § 1.)

Editor's notes. - Ga. L. 1997, p. 1698, § 1, effective July 1, 1997, renumbered former Code Section 25-11-9 as present Code Section 25-11-15.

25-11-10. Preparation of water-based fire protection system documents for construction by designers.

1. Only licensed fire protection system designers or other designers under their direct supervision shall prepare water-based fire protection system documents for construction.
2. All documents shall be representative of code complying water-based fire protection systems unless otherwise permitted by the rules and regulations promulgated pursuant to this chapter.
3. The licensed fire protection system designer's signature, printed name, and license number shall be indicated on the shop drawings. (Code 1981, § 25-11-10 , enacted by Ga. L. 1997, p. 1698, § 1.)

Editor's notes. - Ga. L. 1997, p. 1698, § 1, effective July 1, 1997, renumbered former Code Section 25-11-10 as present Code Section 25-11-16.

25-11-11. Individuals authorized to inspect and maintain systems.

1. Inspections, maintenance, and testing required by this chapter shall only be performed by licensed fire protection system inspectors, certificate of competency holders, or representatives of the building owner. Representatives of the building owner shall indicate in writing to the authority having jurisdiction their intent to do such inspections and provide to the authority having jurisdiction proof of knowledge and expertise pertaining to the systems inspected as specified in the rules and regulations adopted pursuant to this chapter. Said representatives of the building owner are exempt from the license requirements specified in Code Section 25-11-6.
2. Duly authorized manufacturers' representatives while acting in their official capacities are exempt from this chapter.
3. Inspections and maintenance of water-based fire protection systems owned by a firm, business, or corporation and installed on property under control of the firm, business, or corporation may be performed by an employee of the firm, business, or corporation provided annual inspection and maintenance of the water-based system are performed by a current certificate of competency holder or inspector as defined in this chapter. Said employees are exempt from the license requirements specified in Code Section 25-11-6 . (Code 1981, § 25-11-11 , enacted by Ga. L. 1997, p. 1698, § 1.)

Editor's notes. - Ga. L. 1997, p. 1698, § 1, effective July 1, 1997, renumbered former Code Section 25-11-11 as present Code Section 25-11-19.

25-11-12. Rules and regulations; forms.

The Commissioner may promulgate such rules and regulations as he or she deems necessary to carry out the provisions of this chapter. The Commissioner may also prescribe the forms required for the administration of this chapter.

(Code 1981, § 25-11-6 , enacted by Ga. L. 1982, p. 1212, § 1; Code 1981, § 25-11-12 , as redesignated by Ga. L. 1997, p. 1698, § 1.)

25-11-13. Valid license required for installation or repair of water-based fire protection sprinkler systems; proof of contractor's competency required; effect of chapter on laws regulating contractors' work.

1. The installation or repair of any underground facilities or piping which connects to and furnishes water for the water-based fire protection system shall be performed only by a licensed utility contractor, fire protection sprinkler contractor, or licensed plumber in accordance with the minimum fire safety standards adopted by the Commissioner. The installing contractor shall be responsible for the installation of proper underground facilities and piping which provide an adequate flow of water from the fire protection water supply to the water-based fire protection system.
2. Evidence of inspection shall be given to the owner or his or her representative in the form of a letter indicating the inspector or certificate of competency holder and the license number or certificate number.
3. Before any local building official shall issue any license or building permit which authorizes the construction of any building or structure containing a water-based fire protection system, such local official shall require a copy of a valid fire protection sprinkler contractor license from the fire protection sprinkler contractor. The fire protection sprinkler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no requirements on the fire protection sprinkler contractor to prove competency other than proper evidence of a valid certificate of competency, as issued by the Commissioner.
4. Nothing in this chapter limits the power of a municipality, county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety. (Code 1981, § 25-11-7 , enacted by Ga. L. 1982, p. 1212, § 1; Ga. L. 1991, p. 1317, § 1; Code 1981, § 25-11-13 , as redesignated by Ga. L. 1997, p. 1698, § 1.)

25-11-14. Applicability to work performed for state or political subdivision; contract and bid requirements for such work.

This chapter shall also apply to any fire protection sprinkler contractor performing work for the state or any municipality, county, or other political subdivision. Officials of the state or any municipality, county, or other political subdivision are required to determine compliance with this chapter before awarding any contracts for the installation, repair, alteration, addition, maintenance, or inspection of a water-based fire protection system. Bids tendered for such contracts shall be accompanied by a copy of a valid certificate of competency.

(Code 1981, § 25-11-8 , enacted by Ga. L. 1982, p. 1212, § 1; Code 1981, § 25-11-14 , as redesignated by Ga. L. 1997, p. 1698, § 1.)

25-11-15. Deposit of fees collected under chapter; authority to accept grants for administration of chapter.

1. All fees collected pursuant to the provisions of this chapter shall be deposited with the Fiscal Division of the Department of Administrative Services.
2. The Commissioner shall be authorized to receive grants for the administration of this chapter from parties interested in upgrading and improving the quality of water-based fire protection systems, education of the public pertaining to water-based fire protection systems, or the upgrading of fire protection, in general, in Georgia. (Code 1981, § 25-11-9 , enacted by Ga. L. 1982, p. 1212, § 1; Ga. L. 1993, p. 1402, § 18; Code 1981, § 25-11-15 , as redesignated by Ga. L. 1997, p. 1698, § 1.)

25-11-16. Cease and desist order against violators; penalty for violations; order requiring compliance; revocation of certificate for failure to comply with order; civil actions.

1. Whenever the Commissioner shall have reason to believe that any individual is or has been violating any provisions of this chapter, the Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the individual an order to cease and desist such violation. An order issued under this Code section may be delivered in accordance with the provisions of subsection (d) of this Code section.
2. Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all certificates and licenses issued by the Commissioner for a period of not less than six months and not to exceed five years. If a new certificate or license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new certificates and licenses held by such person. In the case of an applicant for a license, certificate, or permit, violation of any provision of this title or regulations promulgated thereunder may constitute grounds for refusal of the application. Decisions under this subsection may be appealed as provided by law.
3. Any person who violates any provision of this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty imposed by the Commissioner of not more than $1,000.00 for a first offense, not less than $1,000.00 and not more than $2,000.00 for a second offense, and not less than $2,000.00 or more than $5,000.00 for a third or subsequent offense. Prior to subjecting any person or entity to a fine under this subsection, the Commissioner or his or her agent shall give written notice to the person or entity by hand delivery or by registered or certified mail or statutory overnight delivery, return receipt requested, of the existence of the violations. After a reasonable period of time after notice is given, an order may be issued based on this Code section. Such order must be delivered in accordance with the provisions of subsection (d) of this Code section and must notify the person or entity of the right to a hearing with respect to same.
4. Any order issued by the Commissioner under this chapter shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Commissioner or his or her agent or by registered or certified mail or statutory overnight delivery, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law.
5. In addition to other powers granted to the Commissioner under this chapter, the Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Commissioner under this chapter. (Code 1981, § 25-11-10 , enacted by Ga. L. 1982, p. 1212, § 1; Ga. L. 1989, p. 1124, § 2; Code 1981, § 25-11-16 , as redesignated by Ga. L. 1997, p. 1698, § 1; Ga. L. 1998, p. 128, § 25; Ga. L. 2000, p. 1589, § 3; Ga. L. 2014, p. 385, § 1/SB 325.)

The 2014 amendment, effective July 1, 2014, added the last sentence in subsection (a); added the next to the last sentence in subsection (b); in subsection (c), in the first sentence, inserted "any provision" near the beginning and deleted "for each day a violation persists after such person is notified of the Commissioner's intent to impose such penalty and the right to a hearing with respect to same" from the end, and added the last three sentences; inserted "issued by the Commissioner under this chapter" near the beginning of the first sentence of subsection (d); and added subsection (e).

Editor's notes. - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (d) is applicable with respect to notices delivered on or after July 1, 2000.

25-11-17. Additional grounds for revocation, suspension, refusal, or nonrenewal of licenses.

In addition to the grounds set forth in Code Section 25-11-16, it is cause for revocation or suspension, refusal, or nonrenewal of certificates or licenses by the Commissioner if it is determined that the holder or applicant has:

1. Rendered inoperative a water-based fire protection system covered by this chapter, except during a reasonable time during which the system is being repaired, altered, added to, maintained, inspected, or except pursuant to a court order;
2. Falsified any record required to be maintained by this chapter or rules or regulations adopted pursuant to this chapter or current fire codes enforced by the Commissioner;
3. Improperly installed, repaired, serviced, modified, altered, inspected, or tested a water-based fire protection system;
4. While holding a certificate or license, allowed another person to use the certificate or license or certificate number or license number other than his or her own valid certificate or license or certificate number or license number;
5. While holding a certificate or license, used a certificate or license or certificate number or license number other than his or her own valid certificate or license or certificate number or license number;
6. Used credentials, methods, means, or practices to impersonate a representative of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or other fire authority having jurisdiction;
7. Failed to maintain the minimum insurance coverage as set forth in this chapter;
8. Failed to obtain, retain, or maintain one or more of the qualifications and requirements to obtain a certificate of competency or other licenses required by this chapter;
9. Installed, serviced, modified, altered, inspected, maintained, added to, or tested a water-based fire protection system without a current, valid license or certificate, when such license or certificate is required by this chapter;
10. Made a material misstatement or misrepresentation or committed a fraud in obtaining or attempting to obtain a license or certificate; or
11. Failed to notify the Commissioner, in writing, with 30 days after a change of residence, principal business address, or name. In addition to other grounds set forth in this Code section, the Commissioner shall not issue a new license or certificate if the Commissioner finds that the circumstance or circumstances for which the license or certificate was previously suspended or revoked still exist or are likely to recur. (Code 1981, § 25-11-17 , enacted by Ga. L. 1997, p. 1698, § 1; Ga. L. 2014, p. 385, § 2/SB 325.)

The 2014 amendment, effective July 1, 2014, in the introductory paragraph, inserted ", refusal, or nonrenewal" and "or applicant"; substituted "inspected, or except pursuant to a court order" for "or inspected" at the end of paragraph (1); deleted "or" at the end of paragraph (7); substituted present paragraph (8) for former paragraph (8), which read: "Failed to maintain the minimum requirements to obtain a certificate of competency or other licenses;"; and added paragraphs (9) through (11) and the ending undesignated paragraph.

25-11-18. Failure to renew certificate or license.

The failure to renew a certificate or license by the expiration date as set forth in this chapter will cause the certificate or license to become inoperative. A certificate or license which is inoperative because of the failure to renew it shall be restored upon payment of the applicable fee plus a penalty of not more than $250.00 if said fees are paid within 90 days of expiration. After 90 days new certificates and licenses must be applied for as required for an initial certificate or license.

(Code 1981, § 25-11-18 , enacted by Ga. L. 1997, p. 1698, § 1.)

25-11-19. Systems exempt from chapter.

The provisions of this chapter shall not apply to water-based automatic sprinkler systems for use in single-family dwellings or limited water-based systems permitted to be connected directly to a domestic water supply system as allowed by the NFiPA Life Safety Code adopted by the Commissioner's rules and regulations.

(Code 1981, § 25-11-11 , enacted by Ga. L. 1982, p. 1212, § 1; Code 1981, § 25-11-19 , as redesignated by Ga. L. 1997, p. 1698, § 1.)

25-12-1. Compliance with chapter; license requirement.

It is unlawful for any firm to engage in the business of installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems, as defined by this chapter, in this state except in conformity with the provisions of this chapter. Each firm engaging in any such business must possess a valid and subsisting license issued by the Commissioner. Such license shall not be required for any firm or governmental entity that engages only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. Such firms shall remain subject to the rules and regulations adopted pursuant to this chapter.

(Code 1981, § 25-12-1 , enacted by Ga. L. 1991, p. 933, § 1; Ga. L. 1997, p. 558, § 1.)

25-12-2. Definitions.

As used in this chapter, the term:

1. "Commissioner" means the Safety Fire Commissioner.
2. "Engineered fire suppression system" means any fire suppression system having pipe lengths, number of fittings, number and types of nozzles, suppression agent flow rates, and nozzle pressures as determined by calculations derived from the appropriate standards of the National Fire Protection Association, whether those calculations are performed by hand or by a computer program or by other method of calculation. These systems may consist of other components, including, but not limited to, detection devices, alarm devices, and control devices as tested and approved by a nationally recognized testing laboratory and shall be manufacturer listed as compatible with the fire suppression system involved.
3. "Fire suppression system" means any fire-fighting system employing a suppression agent with the purpose of controlling, suppressing, or extinguishing a fire in a specific hazard. The suppression agent shall be a currently recognized agent or water additive required to control, suppress, or extinguish a fire.  The term fire suppression system shall include engineered and preengineered systems as defined in this chapter and shall not include those systems addressed in Chapter 11 of this title.
4. "Firm" means any business, person, partnership, organization, association, corporation, contractor, subcontractor, or individual.
5. "License" means the document issued by the Commissioner which authorizes a firm to engage in the business of installation, repair, alteration, recharging, inspection, maintenance, service, or testing of fire suppression systems or portable fire extinguishers.
6. "Permit" means the document issued by the Commissioner which authorizes an individual to install, inspect, repair, recharge, service, or test fire suppression systems or portable fire extinguishers.
7. "Portable fire extinguisher" means a portable device containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing a fire.  The device must be listed by a nationally recognized testing laboratory.  The device must bear a manufacturer's name and serial number.  The listings, approvals, and serial numbers may be stamped on the manufacturer's identification and instruction plate or on a separate plate of the testing laboratory soldered or attached to the extinguisher shell in a permanent manner set forth by the listing or approving organization.
8. "Preengineered fire suppression system" means any system having predetermined flow rates, nozzle pressures, and quantities of an extinguishing agent.  These systems have the specific pipe size, maximum and minimum pipe lengths, flexible hose specifications, number of fittings, and number and types of nozzles prescribed by a nationally recognized testing laboratory.  The hazards protected by these systems are specifically limited as to the type and size by the testing laboratory based upon actual fire tests.  Limitations on hazards that can be protected by these systems are contained in the manufacturer's installation manual, which is referenced as part of the listing. (Code 1981, § 25-12-2 , enacted by Ga. L. 1991, p. 933, § 1; Ga. L. 1999, p. 656, § 1.)

25-12-3. Installation, inspection, servicing, or testing of fire suppression systems.

All fire suppression systems required by the Commissioner's rules and regulations or by other state or local fire safety rules or regulations must be installed, inspected, repaired, recharged, serviced, or tested only by a firm licensed under the provisions of this chapter, except as otherwise provided by this chapter.

(Code 1981, § 25-12-3 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-4. Installation, inspection, servicing, or testing of portable fire extinguishers.

All portable fire extinguishers required by the Commissioner's rules and regulations or by other state or local fire safety rules or regulations must be installed, inspected, repaired, recharged, serviced, or tested only by a firm licensed under the provisions of this chapter, except as otherwise provided by this chapter.

(Code 1981, § 25-12-4 , enacted by Ga. L. 1991, p. 933, § 1.)

Administrative Rules and Regulations. - Rules and Regulations for Installation; Inspection; Recharging, Repairing, Servicing, and Testing of Portable Fire Extinguishers or Fire Suppression Systems, Official Compilation of the Rules and Regulations of the State of Georgia, Comptroller General, Chapter 120-3-23.

25-12-5. Visual inspection of preengineered fire suppression systems or portable fire extinguishers by fire chiefs, fire marshals, or fire inspectors.

The provisions of this chapter do not apply to fire chiefs, fire marshals, fire inspectors, or insurance company inspectors with regard to the routine visual inspection of preengineered fire suppression systems or portable fire extinguishers.

(Code 1981, § 25-12-5 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-6. Visual inspection of self-owned fire suppression systems or portable fire extinguishers; fees not applicable to employees of local government or members of legally organized fire departments.

1. The provisions of this chapter do not apply to any firm that engages only in the routine visual inspection of fire suppression systems or portable fire extinguishers owned by the firm and installed on property under the control of said firm.
2. The fees required by this chapter shall not apply to employees of federal, state, or local governments or to members of legally organized fire departments while acting in their official capacities. (Code 1981, § 25-12-6 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-7. License and fee required for firm installing, inspecting, servicing, or testing fire suppression systems or portable fire extinguishers.

Each firm in the business of installing, altering, inspecting, repairing, recharging, servicing, maintaining, or testing fire suppression systems or in the business of inspecting, repairing, recharging, servicing, maintaining, or testing portable fire extinguishers is required to obtain a license from the Commissioner. The annual fee for said license shall be as established by the Commissioner by rule or regulation, but such license fee shall not exceed $50.00.

(Code 1981, § 25-12-7 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-8. Permit and fee required for individual installing, inspecting, servicing, or testing; exemption.

Each individual actually performing the installing, inspecting, repairing, recharging, servicing, or testing activities must possess a valid and subsisting permit issued by the Commissioner. The annual fee for said permit shall be as established by the Commissioner by rule or regulation, but such permit fee shall not exceed $75.00. Such permit shall not be required for any individual employed by any firm or governmental entity that engages only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. Such individuals shall remain subject to the rules and regulations adopted pursuant to this chapter.

(Code 1981, § 25-12-8 , enacted by Ga. L. 1991, p. 933, § 1; Ga. L. 1997, p. 558, § 2; Ga. L. 2010, p. 9, § 1-56/HB 1055.)

25-12-9. Period of licenses and permits; failure to renew.

The licenses and permits required by this chapter shall be issued by the Commissioner for each license year beginning January 1 and expiring the following December 31. The failure to renew a license or permit by December 31 will cause the license or permit to become inoperative. A license or permit which is inoperative because of the failure to renew it shall be restored upon payment of the applicable fee plus a penalty equal to the applicable fee if said fees are paid within 90 days of expiration. After 90 days, the firm and the employees thereof must apply for new licenses and permits as required for an initial license or permit.

(Code 1981, § 25-12-9 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-10. Forms of licenses, permits, and applications; information required.

The forms of such licenses and permits and applications and fees therefor shall be prescribed by the Commissioner by rule or regulation, subject to the limitations on fees provided for in Code Sections 25-12-7 and 25-12-8. In addition to such other information and data as the Commissioner determines are appropriate and required for such forms, there shall be included in such forms the following matters:

1. Each such application shall be sworn to by the applicant or, if a corporation, by an officer thereof;
2. Each application shall clearly state, in detail as set forth by the Commissioner, the type of activity or activities for which the applicant desires a license or permit to perform;
3. An application for a permit shall include the name of the licensee employing such permittee, and the permit issued in pursuance of such application shall also set forth the name of such licensee.  For persons covered by Code Section 25-12-8, the application and permit shall bear the business name of the person's employer; and
4. The license or permit issued by the Commissioner shall clearly state the activity or activities for which the firm or individual has been issued the license or permit to perform. The licensee or permittee shall not perform any activity not noted on the license or permit issued by the Commissioner. (Code 1981, § 25-12-10 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-11. Requirement for issuance of license.

A license may not be issued by the Commissioner until:

1. The applicant has submitted to the Commissioner evidence of registration as a Georgia corporation;
2. The Commissioner or a person designated by him has by inspection determined that the applicant possesses the equipment required for the activities the applicant requests to be licensed to perform.  If the applicant includes in the request the high-pressure hydrostatic testing of equipment, the applicant must submit a copy of its United States Department of Transportation approval and renewals.  If the applicant includes in the request the transfer of Halogenated fire suppression agents, the applicant must submit a copy of the current Underwriter's Laboratories on-site inspection form for a manufacturer's represented Halon pumping station.  The Commissioner shall give an applicant 60 days to correct any deficiencies discovered by inspection;
3. The applicant has submitted to the Commissioner proof of a valid comprehensive liability insurance policy purchased from an insurer authorized to do business in Georgia.  The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The proof of insurance must also be provided before any license can be renewed.  The minimum amount of said coverage shall be $1 million or such other amount as specified by the Commissioner.  An insurer which provides such coverage shall notify the Commissioner of any change in coverage; and
4. The applicant, when filing an application for an examination, pays a nonrefundable filing fee fixed by rule or regulation of the Commissioner. (Code 1981, § 25-12-11 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-12. Requirement for issuance of permit.

No permit may be issued to a person for the first time by the Commissioner until the applicant has submitted a nonrefundable filing fee fixed by rule or regulation of the Commissioner.

(Code 1981, § 25-12-12 , enacted by Ga. L. 1991, p. 933, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1991, the subsection (a) designation was deleted since there was no subsection (b).

25-12-13. Amended licenses or permits.

1. Any firm or individual holding a valid license or permit desiring to perform an activity not covered by the current permit may submit an application for an amended license or permit at any time between January 1 and the date established by the Commissioner for filing applications for renewing an annual license or permit.
2. The provisions of this chapter relating to the requirements for obtaining a license or permit shall apply to applications for an amended license or permit.  The Commissioner shall by rule or regulation establish the fee for obtaining an amended license and the fee for an amended permit, but such fees shall not exceed the respective limits set forth in Code Sections 25-12-7 and 25-12-8.
3. The fees for an amended license or permit shall not apply if the new activity or activities are included in an application for a renewal of the annual license or permit.  The application for renewal must be accompanied by the proof of training and other applicable documentation regarding the activity or activities desired to be included on the new annual license or permit. (Code 1981, § 25-12-13 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-14. Production of license or permit on demand.

Every permittee must have a valid and subsisting permit upon his person at all times while engaging in the installing, inspection, recharging, repairing, servicing, or testing of fire suppression systems or portable fire extinguishers. Every licensee or permittee must be able to produce a valid license or valid permit, as appropriate, upon demand by the Commissioner or his representatives or by any local authority having jurisdiction for fire protection or prevention or by any person for whom the licensee or permittee solicits to perform any of the activities covered by this chapter.

(Code 1981, § 25-12-14 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-15. Rules and regulations for standards of fire suppression systems and fire extinguishers.

The Commissioner may adopt rules and regulations setting forth the proper installation, inspection, recharging, repairing, servicing, or testing of fire suppression systems or portable fire extinguishers. The Commissioner may adopt by rule the applicable standards of the National Fire Protection Association or another nationally recognized organization, if the standards are judged by him to be suitable for the enforcement of this chapter. All fire suppression systems covered by Code Section 25-12-3 and all portable fire extinguishers covered by Code Section 25-12-4 shall be installed, inspected, recharged, repaired, serviced, or tested in compliance with this chapter and with the Commissioner's rules and regulations.

(Code 1981, § 25-12-15 , enacted by Ga. L. 1991, p. 933, § 1.)

Administrative Rules and Regulations. - Rules and Regulations for Installation; Inspection; Recharging, Repairing, Servicing, and Testing of Portable Fire Extinguishers or Fire Suppressions Systems, Official Compilation of the Rules and Regulations of the State of Georgia, Comptroller General, Chapter 120-3-23.

25-12-16. Specifications for service tags to be attached to fire extinguishers and fire suppression systems.

The Commissioner shall make and promulgate specifications as to the number, type, size, shape, color, and information and data contained thereon of service tags to be attached to all portable fire extinguishers and fire suppression systems covered by this chapter when they are installed, inspected, recharged, repaired, serviced, or tested. It shall be unlawful to install, inspect, recharge, repair, service, or test any portable fire extinguisher or fire suppression system without attaching the required tag or tags completed in detail, including the actual month, day, and year the work was performed, or to use a tag not meeting the specifications set forth by the Commissioner.

(Code 1981, § 25-12-16 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-17. Violation of chapter by licensee or permittee.

1. The violation of any provision of this chapter or any rule or regulation adopted and promulgated pursuant to this chapter or the failure or refusal to comply with any notice or order to correct a violation or any cease and desist order by any person who possesses a license or permit issued pursuant to this chapter or who is required to have a license or permit issued pursuant to this chapter is cause for denial, nonrenewal, revocation, or suspension of such license or permit by the Commissioner after a determination that such person is guilty of such violations. An order of suspension shall state the period of time of such suspension, which period may not be in excess of two years from the date of such order. An order of revocation shall state the period of time of such revocation, which period may not be in excess of five years from the date of such order. Such order shall effect suspension or revocation of all licenses and permits then held by the person, and during such period of time no license or permit shall be issued to such person. During the suspension or revocation of any license or permit, the licensee or permittee whose license or permit has been suspended or revoked shall not engage in or attempt or profess to engage in any transaction or business for which a license or permit is required under this chapter or directly or indirectly own, control, or be employed in any manner by any firm, business, or corporation for which a license or permit under this chapter is required. If, during the period between the beginning of proceedings and the entry of an order of suspension or revocation by the Commissioner, a new license or permit has been issued to the person so charged, the order of suspension or revocation shall operate to suspend or revoke, as the case may be, such new license or permit held by such person.
2. The department shall not, so long as the revocation or suspension remains in effect, issue any new license or permit for the establishment of any new firm, business, or corporation of any person or applicant that has or will have the same or similar management, ownership, control, employees, permittees, or licensees or will use the same or a similar name as the revoked or suspended firm, business, corporation, person, or applicant.
3. The Commissioner may deny, nonrenew, suspend, or revoke the license or permit of:
   1. Any person, firm, business, or corporation whose license has been suspended or revoked under this chapter;
   2. Any firm, business, or corporation if any officer, director, stockholder, owner, or person who has a direct or indirect interest in the firm, business, or corporation has had his or her license or permit suspended under this chapter; and
   3. Any person who is or has been an officer, director, stockholder, or owner of a firm, business, or corporation or who has or had a direct or indirect interest in a firm, business, or corporation whose license or permit has been suspended or revoked under this chapter.
4. In addition to the grounds set forth in this Code section, it is cause for denial, nonrenewal, revocation, or suspension of a license or permit by the Commissioner if he or she determines that the licensee or permittee has:
   1. Rendered inoperative a portable fire extinguisher or preengineered or engineered fire suppression system covered by this chapter, except during such time as the extinguisher or preengineered or engineered system is being inspected, recharged, hydrotested, repaired, altered, added to, maintained, serviced, or tested or except pursuant to court order;
   2. Falsified any record required to be maintained by this chapter or rules or regulations adopted pursuant to this chapter or current fire codes enforced by the Commissioner;
   3. Improperly installed, recharged, hydrotested, repaired, serviced, modified, altered, inspected, or tested a portable fire extinguisher or preengineered or engineered fire suppression system;
   4. While holding a permit or license, allowed another person to use the permit or license or permit number or license number or used a license or permit or license number or permit number other than his or her own valid license or permit or license number or permit number;
   5. Failed to provide proof of or failed to maintain the minimum comprehensive liability insurance coverage as set forth in paragraph (3) of Code Section 25-12-11;
   6. Failed to obtain, retain, or maintain one or more of the qualifications for a license or permit required by this chapter;
   7. Used credentials, methods, means, or practices to impersonate a representative of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or other fire authority having jurisdiction;
   8. Installed, recharged, hydrotested, repaired, serviced, modified, altered, inspected, maintained, added to, or tested a portable fire extinguisher or preengineered or engineered fire suppression system without a current, valid license or permit when such license or permit is required by this chapter;
   9. Made a material misstatement or misrepresentation or committed a fraud in obtaining or attempting to obtain a license or permit; or
   10. Failed to notify the Commissioner, in writing, within 30 days after a change of residence, principal business address, or name.
5. In addition, the Commissioner shall not issue a new license or permit if the Commissioner finds that the circumstance or circumstances for which the license or permit was previously suspended or revoked still exist or are likely to recur. (Code 1981, § 25-12-17 , enacted by Ga. L. 1991, p. 933, § 1; Ga. L. 2002, p. 592, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2002, a comma was inserted following "revocation" in the first sentence in subsection (a); a comma was deleted following "licensees" in subsection (b); in paragraph (d)(9), a comma was deleted following "misstatement" and "misrepresentation" and "or" was inserted following "misstatement"; and "recur" was substituted for "reoccur" in subsection (e).

25-12-18. Cease and desist orders; period of revocation; civil penalty; opportunity for hearing; civil actions.

1. Whenever the Commissioner shall have reason to believe that any individual is or has been violating any provisions of this chapter, the Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the individual an order to cease and desist such violation. An order issued under this Code section may be delivered in accordance with the provisions of subsection (d) of this Code section.
2. Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all permits and licenses issued by the Commissioner for a period of not less than six months and not to exceed five years. If a new permit or license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new permits and licenses held by such person. In the case of an applicant for a license, certificate, or permit, violation of any provision of this title may constitute grounds for refusal of the application. Decisions under this subsection may be appealed as provided by law.
3. Any person who violates any provision of this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty imposed by the Commissioner of not more than $1,000.00 for a first offense, not less than $1,000.00 and not more than $2,000.00 for a second offense, and not less than $2,000.00 or more than $5,000.00 for a third or subsequent offense. Prior to subjecting any person or entity to a fine under this subsection, the Commissioner or his or her agent shall give written notice to the person or entity by hand delivery or by registered or certified mail or statutory overnight delivery, return receipt requested, of the existence of the violations. After a reasonable period of time after notice is given, an order may be issued based on this Code section. Such order must be delivered in accordance with the provisions of subsection (d) of this Code section and must notify the person or entity of the right to a hearing with respect to same.
4. Any order issued by the Commissioner under this chapter shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Commissioner or his or her agent or by registered or certified mail or statutory overnight delivery, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished as provided by law.
5. In addition to other powers granted to the Commissioner under this chapter, the Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Commissioner under this chapter. (Code 1981, § 25-12-18 , enacted by Ga. L. 1991, p. 933, § 1; Ga. L. 2002, p. 592, § 2; Ga. L. 2003, p. 140, § 25; Ga. L. 2014, p. 385, § 3/SB 325.)

The 2014 amendment, effective July 1, 2014, added the last sentence in subsection (a); added the third sentence in subsection (b); in subsection (c), in the first sentence, inserted "any provision of" near the beginning and deleted "for each day a violation persists after such person is notified of the Commissioner's intent to impose such penalty and the right to a hearing with respect to same" from the end, and added the last three sentences; inserted "issued by the Commissioner under this chapter" near the beginning of the first sentence of subsection (d); and added subsection (e).

25-12-19. Penalty for violation of chapter.

1. Any person, firm, or corporation which violates any provision of this chapter or any order, rule, or regulation of the Commissioner shall be guilty of a misdemeanor.
2. It shall also constitute a misdemeanor willfully or intentionally to:
   1. Obliterate the serial number on a fire suppression system or portable fire extinguisher for the purposes of falsifying service records;
   2. Improperly install a fire suppression system or improperly recharge, repair, service, or test any such suppression system or any such portable fire extinguisher;
   3. While holding a permit or license, allow another person to use the permit or license or permit number or license number or to use a license or permit or license number or permit number other than his own valid license or permit or license number or permit number;
   4. Use or permit the use of any license by an individual or organization other than the one to whom the license is issued;
   5. To use any credential, method, means, or practice to impersonate a representative of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or other fire authority having jurisdiction; or
   6. To engage in the business of installing, inspecting, recharging, repairing, servicing, or testing portable fire extinguishers or fire suppression systems except in conformity with the provisions of this chapter and the applicable rules and regulations of the Commissioner. (Code 1981, § 25-12-19 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-20. Delegation of authority by the Commissioner.

Any authority, power, or duty vested in the Commissioner by any provision of this chapter may be exercised, discharged, or performed by a deputy, assistant, or other designated employee acting in the Commissioner's name and by his delegated authority. The Commissioner shall be responsible for the official acts of such persons who act in his name and by his authority.

(Code 1981, § 25-12-20 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-21. Fees collected; grants and gifts.

1. All fees collected by the Commissioner for licenses, permits, and related examinations pursuant to the provisions of this chapter shall be deposited in the general fund of this state in accordance with applicable laws of this state.
2. The Commissioner is authorized to receive grants or gifts for the administration of this chapter from parties interested in upgrading and improving the quality of fire protection provided by portable fire extinguishers or fire suppression systems. (Code 1981, § 25-12-21 , enacted by Ga. L. 1991, p. 933, § 1.)

25-12-22. Power of municipality, county, or state to regulate not limited.

1. Nothing in this chapter limits the power of a municipality, a county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety.
2. No municipality or county shall impose any other requirements on persons licensed or permitted by the Commissioner as set forth in this chapter to prove competency to conduct any activity covered by said license or permit. (Code 1981, § 25-12-22 , enacted by Ga. L. 1991, p. 933, § 1.)

25-13-1. Short title.

This chapter shall be known and may be cited as the "Municipal, County, and Volunteer Fire Departments Nomenclature Act of 1996."

(Code 1981, § 25-13-1 , enacted by Ga. L. 1996, p. 772, § 1.)

25-13-2. Declaration of public policy.

It is declared to be contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that a member of the public is dealing with any municipal, county, or volunteer fire department or with a member thereof when in fact the individual or organization is not the municipal, county, or volunteer fire department or a member thereof. Furthermore, the municipal, county, or volunteer fire department, which provides quality fire protection and safety services to the citizens of this state, has established a name for excellence in its field. This name should be protected for the department, its members, and the citizens of this state. Therefore, no person or organization should be allowed to use any municipal, county, or volunteer fire department's name or any term used to identify the department or its members without the expressed permission of the local governing body. The provisions of this chapter are in furtherance of the promotion of this policy.

(Code 1981, § 25-13-2 , enacted by Ga. L. 1996, p. 772, § 1.)

25-13-3. Definitions.

As used in this chapter, the term:

1. "Badge" means any official badge used in the past or present by members of municipal, county, or volunteer fire departments.
2. "Department" means any municipal, county, or volunteer fire department.
3. "Director of public safety" means the director of public safety for any municipal, county, or volunteer fire department.
4. "Emblem" means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees.
5. "Fire chief" means the fire chief for any municipal, county, or volunteer fire department.
6. "Fire department" means any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2. Such term also means any department, agency, organization, or company operating in this state with the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department. These duties, functions, powers, and responsibilities include but are not limited to the protection of life and property against fire, explosions, or other hazards.
7. "Local governing body" means, for a county, a county governing authority as defined in Code Section 1-3-3; for a municipal corporation, the governing authority of a municipal corporation as set forth in the municipal corporation's charter; or, for a volunteer fire department, the board of directors or other governing body of such department by whatever name called.
8. "Person" means any person, corporation, organization, or political subdivision of this state.
9. "Volunteer fire department" means a fire department which has been issued a certificate of compliance pursuant to Article 2 of Chapter 3 of this title and which consists of uncompensated or part-time firefighters.
10. "Willful violator" means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the fire chief, the director of public safety, or the local governing authority that such person's activity is in violation of this chapter shall be considered a willful violator and shall be considered in willful violation of this chapter. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and shall be considered in willful violation of this chapter, unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator. (Code 1981, § 25-13-3 , enacted by Ga. L. 1996, p. 772, § 1.)

25-13-4. Prohibition against use of nomenclature pertaining to particular fire department in connection with solicitation, advertisement, publication, or production.

Any person who uses words pertaining to a particular municipal, county, or volunteer fire department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department without written permission from the local governing authority shall be in violation of this chapter.

(Code 1981, § 25-13-4 , enacted by Ga. L. 1996, p. 772, § 1.)

25-13-5. Prohibition against use of symbols pertaining to particular fire department in connection with solicitation, advertisement, publication, or production.

Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department without written permission from the local governing authority shall be in violation of this chapter.

(Code 1981, § 25-13-5 , enacted by Ga. L. 1996, p. 772, § 1.)

25-13-6. Procedure for obtaining permission to use nomenclature or symbols; discretion of local governing body.

Any person wishing permission to use the nomenclature or a symbol of a department may submit a written request for such permission to the fire chief or director of public safety. Within 15 calendar days after receipt of the request, the fire chief or director of public safety shall send a notice with his or her recommendation to the local governing body stating whether the person may use the requested nomenclature or symbol. Within 30 calendar days after receipt of a recommendation from the fire chief or director of public safety, the local governing body shall send a notice to the requesting party of their decision on whether or not the person may use the requested nomenclature or symbol. If the local governing body does not respond within the 30 day time period, then the request is presumed to have been denied. The grant of permission under Code Section 35-10-4 or 35-10-5 shall be in the discretion of the local governing body under such conditions as the local governing body may impose.

(Code 1981, § 25-13-6 , enacted by Ga. L. 1996, p. 772, § 1.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, "of" was substituted for "or" near the middle of the third sentence.

25-13-7. Injunctions against violations.

Whenever there shall be an actual or threatened violation of Code Section 25-13-4 or 25-13-5, the local governing body shall have the right to apply to the superior court of the county of residence of the violator for an injunction to restrain the violation.

(Code 1981, § 25-13-7 , enacted by Ga. L. 1996, p. 772, § 1.)

25-13-8. Civil penalties.

In addition to any other relief or sanction for a violation of Code Section 25-13-4 or 25-13-5 and where the violation is willful, the local governing body shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the local governing body shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The local governing body shall be entitled to seek civil sanctions in the superior court in the county of residence of the violator.

(Code 1981, § 25-13-8 , enacted by Ga. L. 1996, p. 772, § 1.)

25-13-9. Actions for civil damages.

Any person who has given money or any other item of value to another person due in part to such person's use of the nomenclature or symbol of a department in violation of this chapter may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.

(Code 1981, § 25-13-9 , enacted by Ga. L. 1996, p. 772, § 1.)

25-13-10. Criminal penalties.

Any person who violates the provisions of this chapter shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation shall constitute a separate offense.

(Code 1981, § 25-13-10 , enacted by Ga. L. 1996, p. 772, § 1.)

25-14-1. Short title.

This chapter shall be known and may be cited as the "Georgia Fire Safety Standard and Firefighter Protection Act."

(Code 1981, § 25-14-1 , enacted by Ga. L. 2008, p. 104, § 1/SB 418.)

25-14-2. Definitions.

As used in this chapter, the term:

1. "Agent" means any person authorized by the state revenue commissioner to purchase and affix stamps on packages of cigarettes.
2. "Cigarette" means:
   1. Any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco; or
   2. Any roll for smoking wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described in subparagraph (A) of this paragraph.
3. "Commissioner" means the Safety Fire Commissioner.
4. "Manufacturer" means:
   1. Any entity which manufactures, makes, produces, or causes to be produced cigarettes sold in this state or cigarettes said entity intends to be sold in this state;
   2. The first purchaser of cigarettes manufactured anywhere that intends to resell such cigarettes in this state regardless of whether the original manufacturer, maker, or producer intends such cigarettes to be sold in the United States; or
   3. Any entity which becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph.

   (4.1) "New York Fire Safety Standards for Cigarettes" means those New York Fire Safety Standards for Cigarettes in effect on April 1, 2008.

5. "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in paragraph (6) of subsection (b) of Code Section 25-14-3 for all test trials used to certify cigarettes in accordance with this chapter.
6. "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
7. "Retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.
8. "Sale" means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever.
9. "Sell" means to sell or to offer or agree to do the same.
10. "Wholesale dealer" means any person that is not a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale. A wholesale dealer is also any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person. (Code 1981, § 25-14-2 , enacted by Ga. L. 2008, p. 104, § 1/SB 418.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2008, in paragraph (1), "state revenue commissioner" was substituted for "commissioner of revenue", and in subparagraph (4)(A), "or" was deleted from the end.

25-14-3. Standards for testing cigarettes; reports; exceptions.

1. Except as provided in subsection (h) of this Code section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this Code section, a written certification has been filed by the manufacturer in accordance with Code Section 25-14-4, and the cigarettes have been marked in accordance with Code Section 25-14-5.
2. 1. Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, "Standard Test Method for Measuring the Ignition Strength of Cigarettes."
   2. Testing shall be conducted on ten layers of filter paper.
   3. No more than 25 percent of the cigarettes tested in a test trial in accordance with this Code section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested.
   4. The performance standard required by this Code section shall only be applied to a complete test trial.
   5. Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO) or other comparable accreditation standard required by the Commissioner.
   6. Laboratories conducting testing in accordance with this Code section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19.
   7. This Code section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose.
   8. Testing performed or sponsored by the Commissioner to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this Code section.
3. Each cigarette listed in a certification submitted pursuant to Code Section 25-14-4 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this Code section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least 15 millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.
4. A manufacturer of a cigarette that the Commissioner determines cannot be tested in accordance with the test method prescribed in paragraph (1) of subsection (b) of this Code section shall propose a test method and performance standard for the cigarette to the Commissioner. Upon approval of the proposed test method and a determination by the Commissioner that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in paragraph (3) of subsection (b) of this Code section, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to Code Section 25-14-4. If the Commissioner determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the Commissioner finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this Code section, then the Commissioner shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the Commissioner demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this Code section shall apply to the manufacturer.
5. Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the Commissioner and the Attorney General upon written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed $10,000.00 for each day after the sixtieth day that the manufacturer does not make such copies available.
6. The Commissioner may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in paragraph (3) of subsection (b) of this Code section.
7. The Commissioner shall review the effectiveness of this Code section and report his or her findings every three years to the General Assembly and, if appropriate, recommendations for legislation to improve the effectiveness of this chapter. The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period.
8. The requirements of subsection (a) of this Code section shall not prohibit:
   1. Wholesale or retail dealers from selling their existing inventory of cigarettes on or after January 1, 2010, if the wholesale or retailer dealer can establish that state tax stamps were affixed to the cigarettes prior to January 1, 2010, and if the wholesale or retailer dealer can establish that the inventory was purchased prior to January 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or
   2. The sale of cigarettes solely for the purpose of consumer testing. For purposes of this paragraph, the term "consumer testing" shall mean an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.
9. This chapter shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes. (Code 1981, § 25-14-3 , enacted by Ga. L. 2008, p. 104, § 1/SB 418; Ga. L. 2009, p. 8, § 25/SB 46.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2008, "paragraph" was substituted for "subsection" in the second sentence of paragraph (h)(2).

25-14-4. Written certification.

1. Each manufacturer shall submit to the Commissioner a written certification attesting that:
   1. Each cigarette listed in the certification has been tested in accordance with Code Section 25-14-3; and
   2. Each cigarette listed in the certification meets the performance standard set forth in paragraph (3) of subsection (b) of Code Section 25-14-3.
2. Each cigarette listed in the certification shall be described with the following information:
   1. Brand or trade name on the package;
   2. Style, such as light or ultra light;
   3. Length in millimeters;
   4. Circumference in millimeters;
   5. Flavor, such as menthol or chocolate, if applicable;
   6. Filter or nonfilter;
   7. Package description, such as soft pack or box;
   8. Marking approved in accordance with Code Section 25-14-5;
   9. The name, address, and telephone number of the laboratory, if different from the manufacturer that conducted the test; and
   10. The date that the testing occurred.
3. The certifications shall also be made available to the Attorney General for purposes consistent with this chapter and to the state revenue commissioner for the purposes of ensuring compliance with this Code section.
4. Each cigarette certified under this Code section shall be recertified every three years.
5. For each cigarette listed in a certification, a manufacturer shall pay to the Commissioner a fee of $250.00.
6. If a manufacturer has certified a cigarette pursuant to this Code section and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in Code Section 25-14-3 and maintains records of that retesting as required by Code Section 25-14-3 . Any altered cigarette which does not meet the performance standard set forth in Code Section 25-14-3 shall not be sold in this state. (Code 1981, § 25-14-4 , enacted by Ga. L. 2008, p. 104, § 1/SB 418; Ga. L. 2009, p. 8, § 25/SB 46; Ga. L. 2010, p. 878, § 25/HB 1387.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2008, "state revenue commissioner" was substituted for "commissioner of revenue" in subsection (c).

25-14-5. Required marking of cigarettes.

1. Cigarettes that are certified by a manufacturer in accordance with Code Section 25-14-4 shall be marked to indicate compliance with the requirements of Code Section 25-14-3. The marking shall be in eight-point type or larger and consist of:
   1. Modification of the Universal Product Code to include a visible mark printed at or around the area of the Universal Product Code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the Universal Product Code;
   2. Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette packaging or cellophane wrap; or
   3. Printed, stamped, engraved, or embossed text on the cigarette packaging or cellophane wrap that indicates that the cigarettes meet Georgia standards.
2. A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including but not limited to packs, cartons, and cases, and brands marketed by that manufacturer.
3. The Commissioner shall be notified as to the marking that is selected.
4. Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the Commissioner for approval. Upon receipt of the request, the Commissioner shall approve or disapprove the marking offered. The Commissioner shall approve:
   1. Any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes; or
   2. The letters "FSC," which signifies Fire Standards Compliant, appearing in eight-point type or larger and permanently printed, stamped, engraved, or embossed on the package at or near the Universal Product Code.

      Proposed markings shall be deemed approved if the Commissioner fails to act within ten business days of receiving a request for approval.

5. No manufacturer shall modify its approved marking unless the modification has been approved by the Commissioner in accordance with this Code section.
6. Manufacturers certifying cigarettes in accordance with Code Section 25-14-4 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this Code section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the Commissioner, the state revenue commissioner, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this Code section. (Code 1981, § 25-14-5 , enacted by Ga. L. 2008, p. 104, § 1/SB 418; Ga. L. 2009, p. 8, § 25/SB 46; Ga. L. 2013, p. 141, § 25/HB 79.)

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised language in paragraphs (a)(1) and (d)(2).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2008, "state revenue commissioner" was substituted for "commissioner of revenue" in the last sentence of subsection (f).

25-14-6. Civil penalty; forfeiture.

1. A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Code Section 25-14-3, for a first offense shall be subject to a civil penalty not to exceed $100.00 dollars for each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any such person or entity exceed $100,000.00 during any 30 day period.
2. A retail dealer who knowingly sells or offers to sell cigarettes in violation of Code Section 25-14-3 shall be subject to a civil penalty not to exceed $100.00 for each pack of such cigarettes, provided that in no case shall the penalty against any retail dealer exceed $25,000.00 during any 30 day period.
3. In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Code Section 25-14-4 shall be subject to a civil penalty of at least $75,000.00 and not to exceed $250,000.00 for each such false certification.
4. Any person violating any other provision in this chapter shall be subject to a civil penalty for a first offense not to exceed $1,000.00, and for a subsequent offense subject to a civil penalty not to exceed $5,000.00, for each such violation.
5. Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by Code Section 25-14-3 shall be subject to forfeiture and, upon forfeiture, shall be destroyed; provided, however, that prior to the destruction of any cigarette pursuant to this Code section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.
6. In addition to any other remedy provided by law, the Commissioner or Attorney General may file an action in superior court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney's fees. Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the Commissioner or Attorney General may obtain relief.
7. Whenever any law enforcement personnel or duly authorized representative of the Commissioner or Attorney General shall discover any cigarettes that have not been marked in the manner required under Code Section 25-14-5 , such personnel are hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the state revenue commissioner and shall be forfeited to the state. Cigarettes seized pursuant to this subsection shall be destroyed; provided, however, that prior to the destruction of any cigarette seized pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette. (Code 1981, § 25-14-6 , enacted by Ga. L. 2008, p. 104, § 1/SB 418; Ga. L. 2009, p. 8, § 25/SB 46.)

25-14-7. Rules and regulations; inspections.

1. The Commissioner may promulgate rules and regulations, pursuant to Chapter 13 of Title 50, necessary to effectuate the purposes of this chapter.
2. The state revenue commissioner in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Chapter 11 of Title 48, may inspect such cigarettes to determine if the cigarettes are marked as required by Code Section 25-14-5 . If the cigarettes are not marked as required, the state revenue commissioner shall notify the Commissioner. (Code 1981, § 25-14-7 , enacted by Ga. L. 2008, p. 104, § 1/SB 418; Ga. L. 2009, p. 8, § 25/SB 46.)

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2008, "state revenue commissioner" was substituted for "commissioner of revenue" twice in subsection (b).

25-14-8. Enforcement of this chapter; cooperation during inspections.

To enforce the provisions of this chapter, the Attorney General and the Commissioner, their duly authorized representatives, and other law enforcement personnel shall be authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale shall be directed and required to give the Attorney General and the Commissioner, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this Code section.

(Code 1981, § 25-14-8 , enacted by Ga. L. 2008, p. 104, § 1/SB 418; Ga. L. 2009, p. 8, § 25/SB 46.)

25-14-9. Manufacturing for sale or selling cigarettes outside of Georgia not prohibited.

Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Code Section 25-14-3 if the cigarettes are not for sale in this state or are packaged for sale outside the United States, and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.

(Code 1981, § 25-14-9 , enacted by Ga. L. 2008, p. 104, § 1/SB 418.)

25-14-10. Effect of modification of federal standards.

This chapter shall cease to be applicable if federal reduced cigarette ignition propensity standards that preempt this chapter are enacted.

(Code 1981, § 25-14-10 , enacted by Ga. L. 2008, p. 104, § 1/SB 418.)

25-14-11. Impact of changes in New York safety standards.

If, after the date specified in paragraph (4.1) of Code Section 25-14-2, the New York safety standards are changed, then the Commissioner shall suggest proposed legislation to the chairpersons of the appropriate standing committees of the General Assembly as designated by the presiding officer of each house. Such proposed legislation shall contain provisions necessary to bring paragraph (4.1) of Code Section 25-14-2 into accordance with the New York safety standards.

(Code 1981, § 25-14-11 , enacted by Ga. L. 2008, p. 104, § 1/SB 418; Ga. L. 2009, p. 8, § 25/SB 46.)

25-15-1. Office of Safety Fire Commissioner to be successor to Department of Labor relating to transferred functions; transfer of employees; reporting on effects and results of this Code section.

1. The office of Safety Fire Commissioner shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Labor in effect on June 30, 2012, or scheduled to go into effect on or after July 1, 2012, and which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Labor in effect on June 30, 2012, which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the office of Safety Fire Commissioner by proper authority or as otherwise provided by law.
2. Any proceedings or other matters pending before the Department of Labor or Commissioner of Labor on June 30, 2012, which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 shall be transferred to the office of Safety Fire Commissioner on July 1, 2012.
3. The rights, privileges, entitlements, obligations, and duties of parties to contracts, leases, agreements, and other transactions as identified by the Office of Planning and Budget entered into before July 1, 2012, by the Department of Labor which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 shall continue to exist; and none of these rights, privileges, entitlements, obligations, and duties are impaired or diminished by reason of the transfer of the functions to the office of Safety Fire Commissioner. In all such instances, the office of Safety Fire Commissioner shall be substituted for the Department of Labor, and the office of Safety Fire Commissioner shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.
4. All persons employed by the Department of Labor in capacities which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 on June 30, 2012, shall, on July 1, 2012, become employees of the office of Safety Fire Commissioner in similar capacities, as determined by the Commissioner of Insurance. Such employees shall be subject to the employment practices and policies of the office of Safety Fire Commissioner on and after July 1, 2012, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and who are  transferred to the office shall retain all existing rights under such rules. Accrued annual and sick leave possessed by the transferred employees on June 30, 2012, shall be retained by such employees as employees of the office of Safety Fire Commissioner.
5. On July 1, 2012, the office of Safety Fire Commissioner shall receive custody of the state owned real property in the custody of the Department of Labor on June 30, 2012, and which pertains to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8.
6. The Safety Fire Commissioner shall provide a report to the House Committee on Governmental Affairs and the Senate Government Oversight Committee prior to the first day of the 2013 regular session of the Georgia General Assembly outlining the effects and results of this Code section and providing information on any problems or concerns with respect to the implementation of this Code section. (Code 1981, § 25-15-1 , enacted by Ga. L. 2012, p. 1144, § 1/SB 446; Ga. L. 2013, p. 141, § 25/HB 79.)

Effective date. - This Code section became effective May 2, 2012.

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted "and who are transferred to the office shall retain all existing rights under such rules" for "and thereby under the State Personnel Administration and who are transferred to the office shall retain all existing rights under the State Personnel Administration" in the next to last sentence of subsection (d).

25-15-10. Short title.

This article shall be known and may be cited as the "Boiler and Pressure Vessel Safety Act" and, except as otherwise provided in this article, shall apply to all boilers and pressure vessels.

(Code 1981, § 34-11-1 , enacted by Ga. L. 1984, p. 1227, § 1; Code 1981, § 25-15-10 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-1 as present Code Section 25-15-10, and twice substituted "article" for "chapter" in this Code section.

25-15-11. Definitions.

As used in this article, the term:

1. "Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electricity, solar, or nuclear energy. The term "boiler" shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term "boiler" is further defined as follows:
   1. "Heating boiler" means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit.
   2. "High pressure, high temperature water boiler" means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit.
   3. "Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig.
2. "Certificate of inspection" means an inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Code Section 25-15-24 may be issued.
3. "Commissioner" means the Safety Fire Commissioner.
4. "Office" means the office of Safety Fire Commissioner.
5. "Pressure vessel" means a vessel other than those vessels defined in paragraph (1) of this Code section in which the pressure is obtained from an external source or by the application of heat. (Code 1981, § 34-11-2, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1987, p. 1349, § 1; Ga. L. 2001, p. 873, § 11; Code 1981, § 25-15-11 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-2 as present Code Section 25-15-11; substituted "article" for "chapter" in the introductory paragraph; deleted paragraph (1), which read: "Reserved."; redesignated former paragraphs (2) and (3) as present paragraphs (1) and (2), respectively; substituted "25-15-24" for "34-11-15" in paragraph (2); redesignated former paragraph (4) as present paragraph (3), and, in paragraph (3), substituted "Safety Fire Commissioner" for "Commissioner of Labor"; added paragraph (4); deleted former paragraph (5), which read: "'Department' means the Department of Labor."; redesignated former paragraph (6) as present paragraph (5), and, in paragraph (5), substituted "paragraph (1)" for "paragraph (2)".

25-15-12. Consulting on boilers and pressure vessels.

The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of boilers and pressure vessels and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this article.

(Code 1981, § 34-11-3, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1985, p. 213, § 1; Ga. L. 1989, p. 443, § 2; Ga. L. 2001, p. 873, § 12; Code 1981, § 25-15-12 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-3 as present Code Section 25-15-12, and substituted "article" for "chapter" at the end of this Code section.

25-15-13. Definitions, rules, and regulations for safe construction, installation, inspection, maintenance, and repair.

1. 1. The office shall formulate definitions, rules, and regulations for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels in this state.
   2. The definitions, rules, and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nation-wide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety; and the office may adopt an existing published codification thereof, known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, with the amendments and interpretations thereto made and approved by the council of the society, and may likewise adopt the amendments and interpretations subsequently made and published by the same authority. When so adopted, the same shall be deemed to be incorporated into and shall constitute a part of the whole of the definitions, rules, and regulations of the office. Amendments and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nation-wide engineering standards.
   3. The office shall formulate the rules and regulations for the inspection, maintenance, and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this article pertaining to existing installations become effective or during the 12 month period immediately thereafter. The rules and regulations so formulated shall be based upon and at all times follow generally accepted nation-wide engineering standards and practices and may adopt sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors or API 510 of the American Petroleum Institute, as applicable.
2. The rules and regulations and any subsequent amendments thereto formulated by the office shall, immediately following a hearing upon not less than 20 days' notice as provided in this article, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until 12 months after their promulgation by the office. Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered at the hearing. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice may be perfected by publication in a newspaper of general circulation in this state at least 20 days prior to such hearing.
3. Subsequent amendments to the rules and regulations adopted by the office shall be permissive immediately and shall become mandatory 12 months after their promulgation. (Code 1981, § 34-11-4, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1985, p. 213, § 2; Ga. L. 2001, p. 873, § 13; Code 1981, § 25-15-13 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-4 as present Code Section 25-15-13, and substituted "office" for "Department of Labor" throughout this Code section; and substituted "article" for "chapter" in the first sentences of paragraph (a)(3) and subsection (b).

25-15-14. Effect on new construction and installation.

No boiler or pressure vessel which does not conform to the rules and regulations of the office governing new construction and installation shall be installed and operated in this state after 12 months from the date upon which the first rules and regulations under this article pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operating permit may at its discretion be granted by the office.

(Code 1981, § 34-11-5, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1985, p. 213, § 3; Code 1981, § 25-15-14 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-5 as present Code Section 25-15-14, and, in this Code section, substituted "office" for "Department of Labor" twice, and substituted "article" for "chapter".

25-15-15. Maximum allowable working pressure.

1. The maximum allowable working pressure of a boiler carrying the ASME Code symbol or of a pressure vessel carrying the ASME or API-ASME symbol shall be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the enforcement authority at the point of installation, such a boiler or pressure vessel may be rerated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code or API 510, as applicable.
2. The maximum allowable working pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME Code symbol shall be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors.
3. This article shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler or pressure vessel referred to in this Code section, provided it has been made to conform to the rules and regulations of the office governing existing installations and provided, further, that it has not been found upon inspection to be in an unsafe condition. (Code 1981, § 34-11-6, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 2001, p. 873, § 14; Code 1981, § 25-15-15 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-6 as present Code Section 25-15-15; and, in subsection (c), substituted "article" for "chapter" near the beginning, and substituted "office" for "department" near the middle.

25-15-16. Exceptions.

1. This article shall not apply to the following boilers and pressure vessels:
   1. Boilers and pressure vessels under federal control or under regulations of 49 C.F.R. 192 and 193;
   2. Pressure vessels used for transportation and storage of compressed or liquefied gases when constructed in compliance with specifications of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation;
   3. Pressure vessels located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight;
   4. Air tanks installed on the right of way of railroads and used directly in the operation of trains;
   5. Pressure vessels that do not exceed:
      1. Five cubic feet in volume and 250 psig pressure; or
      2. One and one-half cubic feet in volume and 600 psig pressure; or
      3. An inside diameter of six inches with no limitation on pressure;
   6. Pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size;
   7. Pressure vessels with a nominal water-containing capacity of 120 gallons or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion;
   8. Pressure vessels containing water heated by steam or any other indirect means when none of the following limitations are exceeded:
      1. A heat input of 200,000 BTU per hour;
      2. A water temperature of 210 degrees Fahrenheit; and
      3. A nominal water-containing capacity of 120 gallons;
   9. Hot water supply boilers which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded:
      1. Heat input of 200,000 BTU per hour;
      2. Water temperature of 210 degrees Fahrenheit; and
      3. Nominal water-containing capacity of 120 gallons.

         These exempt hot water supply boilers shall be equipped with ASME-National Board approved safety relief valves;

   10. Pressure vessels in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode construction or which involve destruction or reduced life expectancy of those vessels;
   11. Pressure vessels or other structures or components that are not considered to be within the scope of ASME Code, Section VIII;
   12. Boilers and pressure vessels operated and maintained for the production and generation of electricity; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 25-15-19;
   13. Boilers and pressure vessels operated and maintained as a part of a manufacturing process; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 25-15-19;
   14. Boilers and pressure vessels operated and maintained by a public utility; and
   15. Autoclaves used only for the sterilization of reusable medical or dental implements in the place of business of any professional licensed by the laws of this state.
2. The following boilers and pressure vessels shall be exempt from the requirements of subsections (b), (c), and (d) of Code Section 25-15-23 and Code Sections 25-15-24 and 25-15-26 :
   1. Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes;
   2. Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units;
   3. Any pressure vessel used as an external part of an electrical circuit breaker or transformer;
   4. Pressure vessels on remote oil or gas-producing lease locations that have fewer than ten buildings intended for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel;
   5. Pressure vessels used for storage of liquid propane gas under the jurisdiction of the state fire marshal, except for pressure vessels used for storage of liquefied petroleum gas, 2,000 gallons or above, which have been modified or altered; and
   6. Air storage tanks not exceeding 16 cubic feet (120 gallons) in size and under 250 psig pressure. (Code 1981, § 34-11-7, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1985, p. 213, § 4; Ga. L. 1986, p. 10, § 34; Ga. L. 1987, p. 1349, § 2; Ga. L. 1988, p. 13, § 34; Ga. L. 1988, p. 314, § 1; Ga. L. 1989, p. 14, § 34; Ga. L. 1989, p. 465, § 1; Ga. L. 1990, p. 816, § 1; Ga. L. 1993, p. 434, § 1; Ga. L. 1995, p. 914, § 1; Code 1981, § 25-15-16 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-7 as present Code Section 25-15-16; substituted "article" for "chapter" in the introductory language of subsection (a); substituted "49 C.F.R. 192 and 193" for "Title 49 of the Code of Federal Regulations, Parts 192 and 193" in paragraph (a)(1); substituted "25-15-19" for "34-11-10" in paragraphs (a)(12) and (a)(13); and substituted "Code Section 25-15-23 and Code Sections 25-15-24 and 25-15-26" for "Code Section 34-11-14 and Code Sections 34-11-15 and 34-11-16" in the introductory language of subsection (b).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, a hyphen was inserted in "water-containing" in subparagraph (a)(8)(C) and a hyphen was inserted in "gas-producing" in paragraph (b)(4).

Pursuant to Code Section 28-9-5, in 1988, "liquefied" was substituted for "liquified" in paragraph (a)(2).

25-15-17. Chief inspector.

1. The Commissioner may appoint to be chief inspector a citizen of this state or, if not available, a citizen of another state, who shall have had at the time of such appointment not less than five years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the same kind of examination as that prescribed under Code Section 25-15-20. Such chief inspector may be removed for cause after due investigation by the Commissioner.
2. The chief inspector, if authorized by the Commissioner, is charged, directed, and empowered:
   1. To take action necessary for the enforcement of the laws of this state governing the use of boilers and pressure vessels to which this article applies and of the rules and regulations of the office;
   2. To keep a complete record of the name of each owner or user and his or her location and, except for pressure vessels covered by an owner or user inspection service, the type, dimensions, maximum allowable working pressure, age, and the last recorded inspection of all boilers and pressure vessels to which this article applies;
   3. To publish in print or electronically and make available to anyone requesting them copies of the rules and regulations promulgated by the office;
   4. To issue or to suspend or revoke for cause inspection certificates as provided for in Code Section 25-15-24 ; and
   5. To cause the prosecution of all violators of the provisions of this article. (Code 1981, § 34-11-8, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1985, p. 149, § 34; Ga. L. 1985, p. 213, § 5; Ga. L. 1987, p. 1349, § 3; Ga. L. 2010, p. 838, § 10/SB 388; Code 1981, § 25-15-17 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-8 as present Code Section 25-15-17; in subsection (a), substituted "25-15-20" for "34-11-11" at the end of the first sentence, and deleted "the board and its recommendation to" following "investigation by" in the second sentence; substituted "article" for "chapter" in paragraphs (b)(1) and (b)(5); substituted "office" for "department" in paragraphs (b)(1) and (b)(3); substituted "this state" for "the state" near the beginning of paragraph (b)(1); in paragraph (b)(2), inserted "or her" near the middle, and substituted "this article" for "the chapter" near the end; and substituted "25-15-24" for "34-11-15" in paragraph (b)(4).

25-15-18. Deputy inspectors.

The Commissioner may employ deputy inspectors who shall be responsible to the chief inspector and who shall have had at the time of appointment not less than three years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the examination provided for in Code Section 25-15-20.

(Code 1981, § 34-11-9, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1985, p. 213, § 6; Code 1981, § 25-15-18 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-9 as present Code Section 25-15-18, and substituted "25-15-20" for "34-11-11" at the end of this Code section.

25-15-19. Special inspectors.

1. In addition to the deputy inspectors authorized by Code Section 25-15-18 the Commissioner shall, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels or upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more technically competent individuals whose qualifications are satisfactory to the office and causes such pressure vessels to be regularly inspected and rated by such inspection service in accordance with applicable provisions of the rules and regulations adopted by the office pursuant to Code Section 25-15-13, issue to any inspectors of such insurance company certificates of competency as special inspectors and to any inspectors of such company operating pressure vessels certificates of competency as owner or user inspectors, provided that each such inspector before receiving or her certificate of competency shall satisfactorily pass the examination provided for by Code Section 25-15-20 or, in lieu of such examination, shall hold a commission or a certificate of competency as an inspector of boilers or pressure vessels for a state that has a standard of examination substantially equal to that of this state or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors. A certificate of competency as an owner or user inspector shall be issued to an inspector of a company operating pressure vessels in this state only if, in addition to meeting the requirements stated in this Code section, the inspector is employed full time by the company and is responsible for making inspections of pressure vessels used or to be used by such company and which are not for resale.
2. Such special inspectors or owner or user inspectors shall receive no salary from nor shall any of their expenses be paid by the state, and the continuance of their certificates of competency shall be conditioned upon their continuing in the employ of the boiler insurance company duly authorized or in the employ of the company so operating pressure vessels in this state and upon their maintenance of the standards imposed by this article.
3. Such special inspectors or owner or user inspectors may inspect all boilers and pressure vessels insured or all pressure vessels operated by their respective companies; and, when so inspected, the owners and users of such boilers and pressure vessels shall be exempt from the payment to the state of the inspection fees as prescribed in rules and regulations promulgated by the Commissioner. (Code 1981, § 34-11-10, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1987, p. 1349, § 4; Ga. L. 1988, p. 13, § 34; Code 1981, § 25-15-19 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-10 as present Code Section 25-15-19; in subsection (a), substituted "such" for "said" throughout, near the beginning, substituted "Code Section 25-15-18" for "Code Section 34-11-9", and, near the middle, twice substituted "office" for "department", substituted "Code Section 25-15-13" for "Code Section 34-11-4", inserted "or her", and substituted "Code Section 25-15-20" for "Code Section 34-11-11"; and, in subsection (b), deleted "as aforesaid" following "duly authorized", and substituted "article" for "chapter" at the end.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, "full time" was substituted for "fulltime" in the last sentence of subsection (a).

25-15-20. Examination of inspectors.

The examination for chief, deputy, special, or owner or user inspectors shall be in writing and shall be held by the office or by an examining board appointed in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors, with at least two members present at all times during the examination. Such examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and may be those prepared by the National Board of Boiler and Pressure Vessel Inspectors. In case an applicant fails to pass the examination, he or she may appeal to the office for another examination which shall be given by the office or the appointed examining board after 90 days. The record of an applicant's examination shall be accessible to the applicant and his or her employer.

(Code 1981, § 34-11-11, enacted by Ga. L. 1984, p. 1227, § 1; Code 1981, § 25-15-20 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-11 as present Code Section 25-15-20, and, in this Code section, substituted "office" for "board" in the first and third sentences, in the third sentence, inserted "or she", and substituted "office or the appointed examining board" for "board", and, in the fourth sentence, substituted "the applicant" for "said applicant" and inserted "or her".

25-15-21. Suspension and revocation of inspector's certificate of competency; hearing; reinstatement.

1. An inspector's certificate of competency may be suspended by the Commissioner after due investigation for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his or her application or in a report of any inspection made by him or her. Written notice of any such suspension shall be given by the Commissioner within not more than ten days thereof to the inspector and his or her employer. A person whose certificate of competency has been suspended shall be entitled to an appeal as provided in Code Section 25-15-28 and to be present in person and to be represented by counsel at the hearing of the appeal.
2. If the office has reason to believe that an inspector is no longer qualified to hold his or her certificate of competency, the office shall provide written notice to the inspector and his or her employer of the office's determination and the right to an appeal as provided in Code Section 25-15-28. If, as a result of such hearing, the inspector has been determined to be no longer qualified to hold his or her certificate of competency, the Commissioner shall thereupon revoke such certificate of competency forthwith.
3. A person whose certificate of competency has been suspended shall be entitled to apply, after 90 days from the date of such suspension, for reinstatement of such certificate of competency. (Code 1981, § 34-11-12, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 2001, p. 873, § 15; Code 1981, § 25-15-21 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-12 as present Code Section 25-15-21; substituted "25-15-28" for "34-11-19" in the last sentence of subsection (a) and in the first sentence of subsection (b); deleted "and recommendation by the office" following "due investigation" in the first sentence of subsection (a); and, in subsection (b), twice substituted "office" for "department", and substituted "office's" for "department".

25-15-22. Replacement of lost or destroyed certificates of competency.

If a certificate of competency is lost or destroyed, a new certificate of competency shall be issued in its place without another examination.

(Code 1981, § 34-11-13, enacted by Ga. L. 1984, p. 1227, § 1; Code 1981, § 25-15-22 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-13 as present Code Section 25-15-22.

25-15-23. Inspections.

1. The Commissioner, the chief inspector, or any deputy inspector shall have free access, during reasonable hours, to any premises in this state where a boiler or pressure vessel is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether such boiler or pressure vessel is being constructed and installed in accordance with the provisions of this article.
2. 1. On and after January 1, 1986, each boiler and pressure vessel used or proposed to be used within this state, except for pressure vessels covered by an owner or user inspection service as described in subsection (d) of this Code section or except for boilers or pressure vessels exempt under Code Section 25-15-16 (owners and users may request to waive this exemption), shall be thoroughly inspected as to their construction, installation, and condition as follows:
      1. Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits; otherwise, it shall be as complete an inspection as possible. Such boilers shall also be externally inspected while under pressure, if possible;
      2. Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially with an internal inspection every four years where construction permits;
      3. Hot water heating and hot water supply boilers shall receive a certificate inspection biennially with an internal inspection at the discretion of the inspector;
      4. Pressure vessels subject to internal corrosion shall receive a certificate inspection triennially with an internal inspection at the discretion of the inspector. Pressure vessels not subject to internal corrosion shall receive a certificate of inspection at intervals set by the office; and
      5. Nuclear vessels within the scope of this article shall be inspected and reported in such form and with such appropriate information as the office shall designate.
   2. A grace period of two months beyond the periods specified in subparagraphs (A) through (D) of this paragraph may elapse between certificate inspections.
   3. The office may provide for longer periods between certificate inspection in its rules and regulations.
   4. Under the provisions of this article, the office is responsible for providing for the safety of life, limb, and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules and regulations which it has promulgated. The person conducting the inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the ASME Code. Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, such as:
      1. Previous experience, based on records of inspection, performance, and maintenance;
      2. Location, with respect to personnel hazard;
      3. Quality of inspection and operating personnel;
      4. Provision for related safe operation controls; and
      5. Interrelation with other operations outside the scope of this article.

         Based upon documentation of such actual service conditions by the owner or user of the operating equipment, the office may, in its discretion, permit variations in the inspection requirements.

3. The inspections required in this article shall be made by the chief inspector, by a deputy inspector, by a special inspector, or by an owner or user inspector provided for in this article.
4. Owner or user inspection of pressure vessels is permitted, provided the owner or user inspection service is regularly established and is under the supervision of one or more individuals whose qualifications are satisfactory to the office and said owner or user causes the pressure vessels to be inspected in conformance with the National Board Inspection Code or API 510, as applicable.
5. If, at the discretion of the inspector, a hydrostatic test shall be deemed necessary, it shall be made by the owner or user of the boiler or pressure vessel.
6. All boilers, other than cast iron sectional boilers, and pressure vessels to be installed in this state after the 12 month period from the date upon which the rules and regulations of the office shall become effective shall be inspected during construction as required by the applicable rules and regulations of the office by an inspector authorized to inspect boilers and pressure vessels in this state or, if constructed outside of the state, by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors. (Code 1981, § 34-11-14, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1985, p. 213, § 7; Ga. L. 1987, p. 1349, § 5; Code 1981, § 25-15-23 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-14 as present Code Section 25-15-23; substituted "office" for "board" and substituted "article" for "chapter" throughout this Code section; substituted "this state" for "the state" near the middle of subsection (a); substituted "25-15-16" for "34-11-7" in paragraph (b)(1); added a comma following "otherwise" in subparagraph (b)(1)(A); substituted "office" for "department" in paragraph (b)(3); and substituted "this article, the office" for "this chapter, the department" in paragraph (b)(4).

25-15-24. Filing and maintenance of special investigator's report; issuance and suspension of inspection certificate.

1. Each company employing special inspectors shall, within 30 days following each certificate inspection made by such inspectors, file a report of such inspection with the chief inspector upon appropriate forms as promulgated by the Commissioner. The filing of reports of external inspections, other than certificate inspections, shall not be required except when such inspections disclose that the boiler or pressure vessel is in a dangerous condition.
2. Each company operating pressure vessels covered by an owner or user inspection service meeting the requirements of subsection (a) of Code Section 25-15-19 shall maintain in its files an inspection record which shall list, by number and such abbreviated description as may be necessary for identification, each pressure vessel covered by this article, the date of the last inspection of each pressure vessel, and the approximate date for the next inspection. The inspection record shall be available for examination by the chief inspector or the chief inspector's authorized representative during business hours.
3. If the report filed pursuant to subsection (a) of this Code section shows that a boiler or pressure vessel is found to comply with the rules and regulations of the office, the chief inspector, or his or her duly authorized representative, shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Such inspection certificate shall be valid for not more than 14 months from its date in the case of power boilers, 26 months in the case of heating and hot water supply boilers, and 38 months in the case of pressure vessels. In the case of those boilers and pressure vessels covered by subparagraphs (b)(1)(A) through (b)(1)(D) of Code Section 25-15-23 for which the office has established or extended the operating period between required inspections pursuant to the provisions of paragraphs (3) and (4) of subsection (b) of Code Section 25-15-23, the certificate shall be valid for a period of not more than two months beyond the period set by the office. Certificates for boilers shall be posted under glass, or similarly protected, in the room containing the boiler. Pressure vessel certificates shall be posted in like manner, if convenient, or filed where they will be readily accessible for examination.
4. No inspection certificate issued for an insured boiler or pressure vessel based upon a report of a special inspector shall be valid after the boiler or pressure vessel for which it was issued shall cease to be insured by a company duly authorized by this state to provide such insurance.
5. The Commissioner or the Commissioner's authorized representative may at any time suspend an inspection certificate after showing cause that the boiler or pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or pressure vessel is found not to comply with the rules and regulations adopted pursuant to this article. Each suspension of an inspection certificate shall continue in effect until such boiler or pressure vessel shall have been made to conform to the rules and regulations of the office and until such inspection certificate shall have been reinstated.
6. The Commissioner or the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of a boiler or pressure vessel if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his or her authorized representative. (Code 1981, § 34-11-15, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1987, p. 1349, §§ 6-8; Ga. L. 1988, p. 13, § 34; Ga. L. 1991, p. 258, § 2; Ga. L. 2001, p. 873, § 16; Code 1981, § 25-15-24 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-15 as present Code Section 25-15-24; substituted "office" for "department" throughout this Code section; substituted "article" for "chapter" in subsections (b) and (e); in subsection (b), substituted "25-15-19" for "34-11-10" in the first sentence, and substituted "the chief inspector's" for "his" in the last sentence; in subsection (c), inserted the reference "(b)(1)" preceding "(D)", and twice substituted "25-15-23" for "34-11-14"; substituted "the Commissioner's" for "his" in the first sentence of subsections (e) and (f); substituted "such inspection" for "said inspection" in the second sentence of subsection (e); and inserted "or her" near the end of subsection (f).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, "certificate" was substituted for "certificates" near the beginning of subsection (d).

25-15-25. Inspections of boilers and pressure vessels.

1. Boilers and pressure vessels, subject to operating certificate inspections by special, owner, or user inspectors, shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each boiler or pressure vessel not inspected.
2. 1. Inspection fees due on boiler and pressure vessels subject to inspection by the chief or deputy inspectors or operating certificate fees due from inspections performed by special, or owner or user, inspectors shall be paid within 60 calendar days of completion of such inspections.
   2. Inspection fees or operating certificate fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner.
3. The Commissioner may waive the collection of the penalties and interest assessed as provided in subsections (a) and (b) of this Code section when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the office. (Code 1981, § 34-11-15.1, enacted by Ga. L. 1991, p. 258, § 3; Code 1981, § 25-15-25 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-15.1 as present Code Section 25-15-25; substituted "Boilers and pressure vessels, subject to operating certificate inspections by special, owner, or user inspectors, shall be" for "Boilers and pressure vessels subject to operating certificate inspections by special, or owner or user, inspectors shall be" in subsection (a); and substituted "office" for "department" at the end of subsection (c).

25-15-26. Requirement of valid inspection certificate for operation of a boiler or pressure vessel.

It shall be unlawful for any person, firm, partnership, or corporation to operate in this state a boiler or pressure vessel, except a pressure vessel covered by owner or user inspection service as provided for in Code Section 25-15-24, without a valid inspection certificate. The operation of a boiler or pressure vessel without such inspection certificate or at a pressure exceeding that specified in such inspection certificate or in violation of this article shall constitute a misdemeanor.

(Code 1981, § 34-11-16, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 1985, p. 149, § 34; Code 1981, § 25-15-26 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-16 as present Code Section 25-15-26; in the first sentence of this Code section, substituted "It shall be unlawful" for "After 12 months for power boilers, 24 months for low pressure steam heating, hot water heating, and hot water supply boilers, and 36 months for pressure vessels following July 1, 1984, it shall be unlawful", and substituted "25-15-24" for "34-11-15"; and substituted "article" for "chapter" in the second sentence.

25-15-27. Payment of inspection fees.

The owner or user of a boiler or pressure vessel required by this article to be inspected by the chief inspector or a deputy inspector shall pay directly to the chief inspector, upon completion of inspection, fees as prescribed in rules and regulations promulgated by the Commissioner; provided, however, that, with respect to pressure vessel certificates of inspection, such fees shall not exceed $10.00 per annum. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Safety Fire Commissioner.

(Code 1981, § 34-11-17, enacted by Ga. L. 1991, p. 258, § 4; Code 1981, § 25-15-27 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-17 as present Code Section 25-15-27; in the first sentence of this Code section, substituted "article" for "chapter" near the beginning, and substituted "a deputy" for "his deputy" near the middle; and substituted "Safety Fire Commissioner" for "Commissioner of Labor" in the last sentence.

25-15-28. Appeals.

1. Any person aggrieved by an order or an act of the Commissioner or the chief inspector under this article may, within 15 days of notice thereof, request a hearing before an administrative law judge of the Office of State Administrative Hearings, as provided by Code Section 50-13-41.
2. Any person aggrieved by a decision of an administrative law judge may file an appeal pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." (Code 1981, § 34-11-19, enacted by Ga. L. 1984, p. 1227, § 1; Ga. L. 2001, p. 873, § 17; Code 1981, § 25-15-28 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446; Ga. L. 2013, p. 141, § 25/HB 79.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-19 as present Code Section 25-15-28, and, in subsection (a), substituted "article" for "chapter", and substituted "office" for "Office".

The 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised language in subsection (a).

25-15-29. Limitations on authority of local governments to regulate boilers and pressure vessels.

No county, municipality, or other political subdivision shall have the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of boilers and pressure vessels within the limits of such county, municipality, or other political subdivision; and any such laws, ordinances, or resolutions shall be void and of no effect.

(Code 1981, § 34-11-20, enacted by Ga. L. 1984, p. 1227, § 1; Code 1981, § 25-15-29 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-20 as present Code Section 25-15-29, and deleted "heretofore made or passed" following "resolutions" near the end of this Code section.

25-15-30. State liability not created.

Neither this article nor any provision of this article shall be construed to place any liability on the State of Georgia, the office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to boilers and pressure vessels and any injury or damages arising therefrom.

(Code 1981, § 34-11-21, enacted by Ga. L. 1987, p. 1349, § 10; Code 1981, § 25-15-30 , as redesignated by Ga. L. 2012, p. 1144, § 2/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-11-21 as present Code Section 25-15-30, and, in this Code section, twice substituted "article" for "chapter", and substituted "office" for "department".

25-15-31. Civil penalties for violations; authority of Commissioner to bring civil action.

1. Except as provided for in subsection (a) of Code Section 25-15-25, any person who violates any provision of this article or any rule, regulation, or order issued by the Commissioner under this article shall, after notice and hearing, be subject to a civil penalty imposed by the Commissioner of not more than $5,000.00. The imposition of a penalty for a violation of this article shall not be construed as excusing the violation or permitting it to continue. The Commissioner shall promulgate rules and regulations for the implementation of this subsection.
2. In addition to other powers granted to the Commissioner under this article, the Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Commissioner under this article. (Code 1981, § 25-15-31 , enacted by Ga. L. 2018, p. 729, § 1/SB 353.)

Effective date. - This Code section became effective July 1, 2018.

25-15-50. Short title.

This article shall be known and may be cited as the "Amusement Ride Safety Act."

(Code 1981, § 34-12-1 , enacted by Ga. L. 1985, p. 1453, § 1; Code 1981, § 25-15-50 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-1 as present Code Section 25-15-50, and substituted "article" for "chapter" in this Code section.

25-15-51. Definitions.

As used in this article, the term:

1. "Amusement ride" means any mechanical device, other than those regulated by the Consumer Products Safety Commission, which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is not permanently fixed to a site.
2. "Authorized person" means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his or her duty by the owner or his or her representative.
3. "Certificate fee" means the fee charged by the office for a certificate to operate an amusement ride.
4. "Certificate of inspection" means a certificate issued by a licensed inspector that an amusement ride meets all relevant provisions of this article and the standards and regulations adopted pursuant thereto.
5. "Commissioner" means the Safety Fire Commissioner.
6. "Licensed inspector" means a registered professional engineer or any other person who is found by the office to possess the requisite training and experience to perform competently the inspections required by this article and who is licensed by the office to perform inspections of amusement rides.
7. "Operator" means a person or persons actually engaged in or directly controlling the operation of an amusement ride.
8. "Office" means the office of Safety Fire Commissioner, which is designated to enforce the provisions of this article and to formulate and enforce standards and regulations.
9. "Owner" means a person, including the state or any of its subdivisions, who owns an amusement ride or, in the event that the amusement ride is leased, the lessee.
10. "Permit" means a permit to operate an amusement ride issued to an owner by the office.
11. "Permit fee" means the fee charged by the office for a permit to operate an amusement ride.
12. "Standards and regulations" means those standards and regulations formulated and enforced by the office. (Code 1981, § 34-12-2, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 1986, p. 330, § 1; Ga. L. 1995, p. 366, § 1; Ga. L. 2001, p. 873, § 18; Code 1981, § 25-15-51 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-2 as present Code Section 25-15-51; substituted "article" for "chapter", and substituted "office" for "department" throughout this Code section; deleted former paragraph (1), which read: "Reserved."; redesignated former paragraphs (2) and (3) as present paragraphs (1) and (2), respectively; twice inserted "or her" in paragraph (2); redesignated former paragraph (3.1) as present paragraph (3); substituted "Safety Fire Commissioner" for "Commissioner of Labor" in paragraph (5); deleted former paragraph (6), which read: "'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter and to formulate and enforce standards and regulations."; redesignated former paragraphs (7) and (8) as present paragraphs (6) and (7), respectively; and added paragraph (8).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1987, "the" was inserted in paragraph (5).

25-15-52. Consultation with persons knowledgeable in area of amusement rides; creation of committees.

The Commissioner shall be authorized to consult with persons knowledgeable in the area of the amusement ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this article.

(Code 1981, § 34-12-3, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 1989, p. 443, § 3; Ga. L. 2001, p. 873, § 19; Code 1981, § 25-15-52 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-3 as present Code Section 25-15-52, and substituted "article" for "chapter" in this Code section.

25-15-53. Formulation of standards and regulations for rides; related powers and duties.

1. The office shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all amusement rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." It is recognized that risks presented to the general public by amusement rides which are frequently assembled and disassembled are different from those presented by amusement rides which are not frequently assembled and disassembled. Accordingly, the office is authorized to formulate different standards and regulations with regard to such differing classes of amusement rides.
2. The office shall:
   1. Enforce all standards and regulations;
   2. License inspectors for authorization to inspect amusement rides;
   3. Issue permits upon compliance with this article and such standards and regulations adopted pursuant to this article; and
   4. Establish a fee schedule for the issuance of permits for amusement rides. (Code 1981, § 34-12-5, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 2001, p. 873, § 20; Code 1981, § 25-15-53 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-5 as present Code Section 25-15-53; substituted "office" for "department" throughout this Code section; and twice substituted "article" for "chapter" in paragraph (b)(3).

25-15-54. Licensing of private inspectors.

The office may license such private inspectors as may be necessary to carry out the provisions of this article.

(Code 1981, § 34-12-6, enacted by Ga. L. 1985, p. 1453, § 1; Code 1981, § 25-15-54 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-6 as present Code Section 25-15-54, and, in this Code section, substituted "office" for "department" near the beginning, and substituted "article" for "chapter" at the end.

25-15-55. Application for permit to operate rides; operation prior to issuance of permit; certificate of inspection.

1. No amusement ride shall be operated, except for purposes of testing and inspection, until a permit for its operation has been issued by the office. The owner of an amusement ride shall apply for a permit to the office on a form furnished by the office providing such information as the office may require.
2. No such application shall be complete without including a certificate of inspection from a licensed inspector that the amusement ride meets all relevant provisions of this article and the standards and regulations adopted pursuant thereto. The cost of obtaining the certificate of inspection from a licensed inspector shall be borne by the owner or operator. (Code 1981, § 34-12-7, enacted by Ga. L. 1985, p. 1453, § 1; Code 1981, § 25-15-55 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-7 as present Code Section 25-15-55; substituted "office" for "department" throughout subsection (a); and substituted "article" for "chapter" in the first sentence of subsection (b).

25-15-56. Amusement ride inspection; issuance of certificate of inspection.

1. All amusement rides shall be inspected annually, and may be inspected more frequently, by a licensed inspector at the owner's or operator's expense. If the amusement ride meets all relevant provisions of this article and the standards and regulations adopted pursuant to this article, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new amusement rides shall be inspected before commencing public operation.
2. Amusement rides and attractions may be required to be inspected by an authorized person each time they are assembled or disassembled in accordance with regulations and standards established under this article. (Code 1981, § 34-12-8, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 1986, p. 10, § 34; Code 1981, § 25-15-56 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-8 as present Code Section 25-15-56, and substituted "article" for "chapter" throughout this Code section.

25-15-57. Waiver of ride inspection requirement.

The office may waive the requirement of subsection (a) of Code Section 25-15-56 if the owner of an amusement ride gives satisfactory proof to the office that the amusement ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such an amusement ride are at least as stringent as those adopted pursuant to this article.

(Code 1981, § 34-12-9, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 1995, p. 366, § 2; Code 1981, § 25-15-57 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-9 as present Code Section 25-15-57, and, in this Code section, substituted "office" for "department" twice, substituted "28-15-56" for "34-12-8", and substituted "article" for "chapter".

25-15-58. Issuance of permits.

The office shall issue a permit to operate an amusement ride to the owner thereof upon successful completion of a safety inspection of the amusement ride conducted by a licensed inspector and upon receiving an application for permit with a certificate of insurance. The permit shall be valid for the calendar year in which issued.

(Code 1981, § 34-12-10, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 1995, p. 366, § 3; Code 1981, § 25-15-58 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-10 as present Code Section 25-15-58, and substituted "office" for "department" in the first sentence of this Code section.

25-15-59. Owner recordkeeping.

The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each amusement ride in accordance with such standards and regulations as are adopted pursuant to this article. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions.

(Code 1981, § 34-12-11, enacted by Ga. L. 1985, p. 1453, § 1; Code 1981, § 25-15-59 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-11 as present Code Section 25-15-59, and substituted "article" for "chapter" in the first sentence of this Code section.

25-15-60. Ride operators; minimum age.

No person shall be permitted to operate an amusement ride unless he or she is at least 16 years of age. An operator shall be in attendance at all times that an amusement ride is in operation and shall operate no more than one amusement ride at any given time.

(Code 1981, § 34-12-12, enacted by Ga. L. 1985, p. 1453, § 1; Code 1981, § 25-15-60 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-12 as present Code Section 25-15-60, and inserted "or she" in this Code section.

25-15-61. Accident reports.

The owner of the amusement ride shall report to the office any accident resulting in a fatality or an injury requiring immediate inpatient overnight hospitalization incurred during the operation of any amusement ride. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the office in person or by phone in accordance with regulations adopted by the office.

(Code 1981, § 34-12-13, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 2001, p. 873, § 21; Code 1981, § 25-15-61 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-13 as present Code Section 25-15-61, and substituted "office" for "department" throughout this Code section.

25-15-62. Liability insurance, bond, cash, or security coverage.

1. No person shall operate an amusement ride unless at the time there is in existence:
   1. A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contractor) against liability for injury to persons arising out of the operation of the amusement ride;
   2. A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or
   3. Cash or other security acceptable to the office.
2. Regulations under this article shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the office. (Code 1981, § 34-12-14, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 1988, p. 1632, § 1; Code 1981, § 25-15-62 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-14 as present Code Section 25-15-62; substituted "office" for "department" in paragraph (a)(3) and in the second sentence of subsection (b); and substituted "article" for "chapter" in the first sentence of subsection (b).

25-15-63. Variances.

If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this article, or if any person is aggrieved by any order issued by the office, the person may make a written application to the office stating his or her grounds and applying for a variance. The office may grant such a variance in the spirit of the provisions of this article with due regard to public safety. The granting or denial of a variance by the office shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the office and such record shall be open to inspection by the public.

(Code 1981, § 34-12-15, enacted by Ga. L. 1985, p. 1453, § 1; Code 1981, § 25-15-63 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-15 as present Code Section 25-15-63, and, in this Code section, substituted "office" for "department" throughout, substituted "article" for "chapter" in the first and second sentences, inserted "or her" near the end of the first sentence, and deleted "the" preceding "public safety" near the end of the second sentence.

25-15-64. Applicability of article.

This article shall not apply to any single-passenger coin operated amusement ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides.

(Code 1981, § 34-12-16, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 1988, p. 1632, § 2; Code 1981, § 25-15-64 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-16 as present Code Section 25-15-64, and substituted "article" for "chapter" near the beginning of this Code section.

25-15-65. Use of existing rides; period for compliance.

This article shall not be construed so as to prevent the use of any existing amusement ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this article. Owners of amusement rides in operation on or before the effective date of this article shall comply with the provisions of this article and the standards and regulations adopted pursuant to this article within six months after the adoption of such standards and regulations.

(Code 1981, § 34-12-17, enacted by Ga. L. 1985, p. 1453, § 1; Code 1981, § 25-15-65 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-17 as present Code Section 25-15-65, and, in this Code section, substituted "article" for "chapter" throughout, and substituted "such standards" for "said standards" near the end of the last sentence.

25-15-66. Order for temporary cessation; injunction; penalties.

1. The Commissioner or the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of an amusement ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or the Commissioner's authorized representative.
2. In the event that an owner or operator knowingly allows the operation of an amusement ride after the issuing of a temporary cessation, the Commissioner or the Commissioner's authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this article.
3. 1. Any person, firm, partnership, or corporation violating the provisions of this article shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense.
   2. In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this article and the rules and regulations promulgated under this article. The imposition of a penalty for a violation of this article or the rules and regulations promulgated under this article shall not excuse the violation or permit it to continue. (Code 1981, § 34-12-18, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 1988, p. 1632, § 3; Ga. L. 1995, p. 366, § 4; Code 1981, § 25-15-66 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-18 as present Code Section 25-15-66; substituted "article" for "chapter" throughout this Code section; substituted "the Commissioner's authorized representative" for "his authorized representative" twice in subsection (a) and in the first sentence of subsection (b); and substituted "office" for "department" near the middle of the first sentence of paragraph (c)(2).

Cross references. - Punishment for misdemeanors generally, § 17-10-3 .

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2012, a misspelling of "Commissioner's" was corrected in the first sentence of subsection (b).

25-15-67. Right of owner or operator to deny entry to rides; inspector's right of access.

The owner or operator of an amusement ride may deny entry to a person to an amusement ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section shall permit an owner or operator to deny an inspector access to an amusement ride when such inspector is acting within the scope of his or her duties under this article.

(Code 1981, § 34-12-19, enacted by Ga. L. 1985, p. 1453, § 1; Ga. L. 1986, p. 10, § 34; Code 1981, § 25-15-67 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-19 as present Code Section 25-15-67, and, in the last sentence of this Code section, substituted "shall permit" for "will permit", inserted "or her", and substituted "article" for "chapter".

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, "Code" was inserted preceding "section" in the second sentence.

25-15-68. State liability not created.

Neither this article nor any provision of this article shall be construed to place any liability on the State of Georgia, the office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to amusement rides and any injury or damages arising therefrom.

(Code 1981, § 34-12-20, enacted by Ga. L. 1985, p. 1453, § 1; Code 1981, § 25-15-68 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-20 as present Code Section 25-15-68, and, in this Code section, substituted "article" for "chapter" twice, and substituted "office" for "department".

25-15-69. Regulation of amusement rides by counties, municipalities, and other political subdivisions.

No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of amusement rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to amusement rides or their time of operation or noise levels generated. Nothing in this article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48.

(Code 1981, § 34-12-21, enacted by Ga. L. 1995, p. 366, § 5; Code 1981, § 25-15-69 , as redesignated by Ga. L. 2012, p. 1144, § 3/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-12-21 as present Code Section 25-15-69, and, in this Code section, deleted "heretofore passed" preceding "shall be void" in the second sentence, and substituted "article" for "chapter" in the last sentence.

25-15-80. Short title.

This article shall be known and may be cited as the "Carnival Ride Safety Act."

(Code 1981, § 34-13-1 , enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-80 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-1 as present Code Section 25-15-80, and, in this Code section, substituted "article" for "chapter".

25-15-81. Definitions.

As used in this article, the term:

1. "Authorized person" means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his or her duty by the owner or the owner's representative.
2. "Carnival ride" means any mechanical device, other than amusement rides regulated under Article 3 of this chapter, known as the "Amusement Ride Safety Act," which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is permanently fixed to a site.
3. "Certificate fee" means the fee charged by the office for a certificate to operate a carnival ride.
4. "Certificate of inspection" means a certificate issued by a licensed inspector that a carnival ride meets all relevant provisions of this article and the standards and regulations adopted pursuant thereto.
5. "Commissioner" means the Safety Fire Commissioner.
6. "Licensed inspector" means a registered professional engineer or any other person who is found by the office to possess the requisite training and experience to perform competently the inspections required by this article and who is licensed by the office to perform inspections of carnival rides.
7. "Office" means the office of Safety Fire Commissioner, which is designated to enforce the provisions of this article and to formulate and enforce standards and regulations.
8. "Operator" means a person or persons actually engaged in or directly controlling the operation of a carnival ride.
9. "Owner" means a person, including the state or any of its subdivisions, who owns a carnival ride or, in the event that the carnival ride is leased, the lessee.
10. "Permit" means a permit to operate a carnival ride issued to an owner by the office.
11. "Permit fee" means the fee charged by the office for a permit to operate a carnival ride.
12. "Standards and regulations" means those standards and regulations formulated and enforced by the office. (Code 1981, § 34-13-2, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1; Ga. L. 1992, p. 6, § 34; Ga. L. 1995, p. 366, § 6; Ga. L. 2001, p. 873, § 22; Code 1981, § 25-15-81 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-2 as present Code Section 25-15-81; substituted "article" for "chapter" and substituted "office" for "department" throughout this Code section; deleted former paragraph (1), which read: "Reserved."; redesignated former paragraph (2) as present paragraph (1), and, in paragraph (1), inserted "or her"; redesignated former paragraph (3) as present paragraph (2), and, in paragraph (2), substituted "Article 3 of this chapter" for "Chapter 12 of this title" in the first sentence; redesignated former paragraph (3.1) as present paragraph (3); substituted "Safety Fire Commissioner" for "Commissioner of Labor" in paragraph (5); deleted former paragraph (6), which read: "'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter and to formulate and enforce standards and regulations."; redesignated former paragraph (7) as present paragraph (6); and added present paragraph (7).

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1987, "the" was inserted in paragraph (5).

25-15-82. Authority to consult.

The Commissioner shall be authorized to consult with persons knowledgeable in the area of the carnival ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this article.

(Code 1981, § 34-13-3, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1989, p. 443, § 4; Ga. L. 1990, p. 1945, § 1; Ga. L. 2001, p. 873, § 23; Code 1981, § 25-15-82 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-3 as present Code Section 25-15-82, and substituted "article" for "chapter" in this Code section.

25-15-83. Safety standards and regulations; licensing of inspectors; ride permits; fees.

1. The office shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2. The office shall:
   1. Enforce all standards and regulations;
   2. License inspectors for authorization to inspect carnival rides; and
   3. Issue permits upon compliance with this article and such standards and regulations adopted pursuant to this article.
3. The owner or operator of a carnival ride required to be inspected shall pay fees as prescribed in rules and regulations promulgated by the Commissioner. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Safety Fire Commissioner. (Code 1981, § 34-13-5, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1; Ga. L. 1991, p. 258, § 5; Ga. L. 2001, p. 873, § 24; Code 1981, § 25-15-83 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-5 as present Code Section 25-15-83; substituted "office" for "department" near the beginning of subsection (a) and in the introductory paragraph of subsection (b); deleted the fourth sentence of subsection (a), which read: "No rule, regulation, or standard promulgated or adopted pursuant to this chapter article shall become effective prior to January 1, 1987."; twice substituted "article" for "chapter" in paragraph (b)(3); and substituted "Safety Fire Commissioner" for "Commissioner of Labor" at the end of the last sentence of subsection (c).

25-15-84. Licensing of private inspectors.

The office may license such private inspectors as may be necessary to carry out the provisions of this article.

(Code 1981, § 34-13-6, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-84 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-6 as present Code Section 25-15-84, and, in this Code section, substituted "office" for "department", and substituted "article" for "chapter".

25-15-85. Permit required; application; engineering evaluation.

1. No carnival ride shall be operated in any calendar year, except for purposes of testing and inspection, until a permit for its operation has been issued by the office. The owner of a carnival ride shall apply for a permit to the office on a form furnished by the office, providing such information as the office may require.
2. Beginning January 1, 2018, no permit for a carnival ride to operate in this state shall be issued by the office until the carnival owner submits an engineering evaluation from a licensed engineer that evaluates the functionality of safety mechanisms and the condition of the critical components of the carnival ride. The scope of such engineering evaluation may be further prescribed by standards and regulations of the office that are consistent with this subsection. Such evaluation shall be provided prior to the annual inspection required by Code Section 25-15-86 and use of the carnival ride by the general public. The submission of such evaluation shall only be required the first time the carnival owner applies for a permit for the carnival ride in this state on or after January 1, 2018. (Code 1981, § 34-13-7, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1988, p. 950, § 1; Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-85 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446; Ga. L. 2017, p. 578, § 1/SB 141.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-7 as present Code Section 25-15-85, and substituted "office" for "department" throughout this Code section.

The 2017 amendment, effective July 1, 2017, designated the existing provisions of this Code section as subsection (a); and added subsection (b).

25-15-86. Inspections.

All carnival rides and attractions shall be inspected annually and may be inspected more frequently by a licensed inspector at the owner's or operator's expense. If the carnival ride meets all relevant provisions of this article and the standards and regulations adopted pursuant to this article, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new carnival rides shall be inspected before commencing public operation.

(Code 1981, § 34-13-8, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1; Ga. L. 1991, p. 258, § 6; Code 1981, § 25-15-86 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-8 as present Code Section 25-15-86, and, in this Code section, substituted "a licensed inspector" for "the Office of Safety Engineering of the department" in the first sentence, and twice substituted "article" for "chapter" in the second sentence.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, "owner's" was substituted for "owner" in the first sentence.

25-15-87. Waiver of inspection for rides inspected by other entity.

The office may waive the requirement of Code Section 25-15-86 if the owner of a carnival ride gives satisfactory proof to the office that the carnival ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such a carnival ride are at least as stringent as those adopted pursuant to this article.

(Code 1981, § 34-13-9, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1; Ga. L. 1995, p. 366, § 7; Code 1981, § 25-15-87 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-9 as present Code Section 25-15-87, and, in this Code section, substituted "office" for "department" twice, substituted "25-15-86" for "34-13-8", and substituted "article" for "chapter" at the end.

25-15-88. Issuance of permit.

The office shall issue a permit to operate a carnival ride to the owner thereof upon successful completion of a safety inspection by a licensed inspector, upon completion by the owner of the application for a permit, and upon presentation of a certificate of inspection or waiver thereof by the office. The permit shall be valid for the calendar year in which issued.

(Code 1981, § 34-13-10, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1988, p. 950, § 2; Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-88 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-10 as present Code Section 25-15-88, and twice substituted "office" for "department" in the first sentence of this Code section.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1988, "upon" was inserted preceding "presentation" near the end of the first sentence.

25-15-89. Maintenance, inspection, and repair records.

The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each carnival ride in accordance with such standards and regulations as are adopted pursuant to this article. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions.

(Code 1981, § 34-13-11, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-89 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-11 as present Code Section 25-15-89, and substituted "article" for "chapter" in the first sentence of this Code section.

25-15-90. Ride operators; minimum standards for operation of rides.

1. No person shall be permitted to operate a carnival ride unless he or she is at least 16 years of age. An operator shall be in attendance at all times that a carnival ride is in operation and shall operate no more than one carnival ride at any given time.
2. No carnival ride shall be operated at standards below those recommended by the manufacturer of such carnival ride or below the standards adopted or variants approved by the office, whichever is greater. (Code 1981, § 34-13-12, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-90 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-12 as present Code Section 25-15-90; inserted "or she" in the first sentence of subsection (a); and substituted "office" for "department" near the end of subsection (b).

25-15-91. Accident reports.

The owner of the carnival ride shall report to the office any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requiring medical attention from a licensed medical facility. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be delivered in person or mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the office in person or by phone in accordance with regulations adopted by the office.

(Code 1981, § 34-13-13, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1988, p. 950, § 3; Ga. L. 1990, p. 1945, § 1; Ga. L. 2001, p. 873, § 25; Code 1981, § 25-15-91 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-13 as present Code Section 25-15-91, and substituted "office" for "department" throughout this Code section.

25-15-92. Liability insurance, bond, or other security required.

1. No person shall operate a carnival ride unless at the time there is in existence:
   1. A policy of insurance in an amount not less than $1 million (if an independent contractor) against liability for injury to persons arising out of the operation of the carnival ride;
   2. A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or
   3. Cash or other security acceptable to the office.
2. Regulations under this article shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the office. (Code 1981, § 34-13-14, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1988, p. 950, § 4; Ga. L. 1990, p. 1945, § 1; Ga. L. 1991, p. 94, § 34; Code 1981, § 25-15-92 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-14 as present Code Section 25-15-92; substituted "office" for "department" at the end of paragraph (a)(3) and at the end of subsection (b); and substituted "article" for "chapter" in the first sentence of subsection (b).

25-15-93. Variances from standards and regulations.

If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this article, or if any person is aggrieved by any order issued by the office, the person may make a written application to the office stating his or her grounds and applying for a variance. The office may grant such a variance in the spirit of the provisions of this article with due regard to public safety. The granting or denial of a variance by the office shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the office and such record shall be open to inspection by the public.

(Code 1981, § 34-13-15, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-93 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-15 as present Code Section 25-15-93, and, in this Code section, substituted "office" for "department" throughout, substituted "article" for "chapter" in the first and second sentences, and inserted "or her" near the end of the first sentence.

25-15-94. Exempted rides.

This article shall not apply to any single-passenger coin operated carnival ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides.

(Code 1981, § 34-13-16, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1988, p. 950, § 5; Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-94 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-16 as present Code Section 25-15-94, and substituted "article" for "chapter" near the beginning of this Code section.

25-15-95. Existing rides.

This article shall not be construed so as to prevent the use of any existing carnival ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this article.

(Code 1981, § 34-13-17, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-95 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-17 as present Code Section 25-15-95, and, in this Code section, twice substituted "article" for "chapter" in the first sentence, and deleted the second sentence, which read: "Owners of carnival rides in operation on or before March 26, 1986, shall comply with the provisions of this chapter and the standards and regulations adopted pursuant to this chapter within six months after the adoption of said standards and regulations."

25-15-96. Order for temporary cessation; injunction; penalties.

1. The Commissioner or the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or the Commissioner's authorized representative.
2. In the event that an owner or operator knowingly allows the operations of a carnival ride after the issuing of a temporary cessation, the Commissioner or the Commissioner's authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this article.
3. 1. Any person, firm, partnership, or corporation violating the provisions of this article shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense.
   2. In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this article and the rules and regulations promulgated under this article. The imposition of a penalty for a violation of this article or the rules and regulations promulgated under this article shall not excuse the violation or permit it to continue. (Code 1981, § 34-13-18, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1988, p. 950, § 6; Ga. L. 1990, p. 1945, § 1; Ga. L. 1995, p. 366, § 8; Code 1981, § 25-15-96 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-18 as present Code Section 25-15-96; substituted "article" for "chapter" throughout this Code section; substituted "the Commissioner's authorized representative" for "his authorized representative" in the first and second sentences of subsection (a) and in the first sentence of subsection (b); and substituted "office" for "department" near the middle of the first sentence of paragraph (c)(2).

Cross references. - Punishment for misdemeanors generally, § 17-10-3 .

25-15-97. Owner or operator denying individual entry to ride.

The owner or operator of a carnival ride may deny entry to a person to a carnival ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section shall permit an owner or operator to deny an inspector access to a carnival ride when such inspector is acting within the scope of his or her duties under this article.

(Code 1981, § 34-13-19, enacted by Ga. L. 1986, p. 330, § 2; Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-97 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-19 as present Code Section 25-15-97, and, in the second sentence of this Code section, substituted "shall permit" for "will permit", inserted "or her", and substituted "article" for "chapter".

25-15-98. Posting of age, size, and weight requirements for rides.

1. The owner or operator of a carnival ride shall post a clearly visible sign at the location of each ride and at the location of tickets sales for each ride which states any age, weight, or height requirements of the ride which are necessary as a safeguard against injury.
2. It shall be unlawful for any owner or operator to permit entry to a carnival ride to any person who does not meet the posted age, size, and weight requirements for such ride. (Code 1981, § 34-13-20, enacted by Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-98 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-20 as present Code Section 25-15-98.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1990, a misspelling of the word "requirements" in subsection (b) was corrected.

Editor's notes. - Ga. L. 1990, p. 1945, § 1, designated the former provisions of this Code section as Code Section 34-13-22.

25-15-99. Itinerant carnival rides to be continuously registered with in-state agent.

The owner of any itinerant carnival ride which is located within this state shall continuously maintain in this state a registered agent of record who may be an individual who resides in the state and whose business address is identical with the address of the owner's required office.

(Code 1981, § 34-13-21, enacted by Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-99 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-21 as present Code Section 25-15-99, and, in this Code section, substituted "within this state shall" for "within the state must" near the beginning, and substituted "registered agent of record who may" for "registered agent of record, which agent may" near the middle.

25-15-100. State liability not created.

Neither this article nor any provision of this article shall be construed to place any liability on the State of Georgia, the office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to carnival rides and any injury or damages arising therefrom.

(Code 1981, § 34-13-20, enacted by Ga. L. 1986, p. 330, § 2; Code 1981, § 34-13-22, as redesignated by Ga. L. 1990, p. 1945, § 1; Code 1981, § 25-15-100 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-22 as present Code Section 25-15-100, and, in this Code section, twice substituted "article" for "chapter" near the beginning, and substituted "office" for "department" near the middle.

Editor's notes. - Ga. L. 1990, p. 1945, § 1 redesignated the former provisions of Code Section 34-13-20 as this Code section.

25-15-101. Regulation of carnival rides by counties, municipalities, and other political subdivisions.

No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of carnival rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to carnival rides or their time of operation or noise levels generated. Nothing in this article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48.

(Code 1981, § 34-13-23, enacted by Ga. L. 1995, p. 366, § 9; Code 1981, § 25-15-101 , as redesignated by Ga. L. 2012, p. 1144, § 4/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-13-23 as present Code Section 25-15-101, and, in this Code section, deleted "heretofore passed" preceding "shall be void" in the second sentence, and substituted "article" for "chapter" in the last sentence.

25-15-110. Requirements for scaffolding and staging design; inspection by Safety Fire Comissioner.

1. 1. All scaffolding or staging that is swung or suspended from an overhead support or erected with stationary supports and is suspended or rises 30 feet or more above the ground shall have a safety rail properly attached, bolted, braced, and otherwise secured; and the safety rail shall rise at least 34 inches above the floor or main portions of such scaffolding or staging and extend for the full length of such staging and along the ends thereof with only such openings as may be necessary for the delivery of materials being used on such scaffold or staging. Such scaffolding or staging shall also be so fastened as to prevent it from swaying from the building or structure. However, this paragraph shall not apply to any scaffolding or staging which is wholly within the interior of a building or other structure and which covers the entire floor space therein.
   2. It shall be unlawful for any person to employ or direct others to perform labor of any kind in the erecting, demolishing, repairing, altering, cleaning, or painting of a building or other structure without first having furnished proper protection to such person so employed or directed, as provided in paragraph (1) of this subsection.
2. All scaffolding or staging shall be so constructed that it will bear at least four times the weight required to be hanging therefrom or placed thereon when in use.
3. 1. The Safety Fire Commissioner, upon receipt of any complaint, shall make or cause to be made an immediate inspection of the scaffold, or mechanical device connected therewith, concerning which complaint has been made.
   2. The Commissioner shall attach to every scaffold, staging, mechanism, or mechanical device inspected by him or her a certificate bearing the Commissioner's name and the date of inspection, and the certificate shall plainly state whether he or she has found the scaffolding, staging, or mechanical device "safe" or "unsafe."
   3. If the Commissioner finds any scaffolding, staging, or mechanical device complained of to be unsafe, the Commissioner shall at once notify in writing the person responsible for the erection and maintenance of the scaffolding, staging, or mechanical device that the Commissioner has found it to be unsafe. Such notice may be served personally upon the person responsible under the law or may be perfected by affixing such notice in a conspicuous place on the scaffold, staging, or mechanical device found unsafe. The manner of service shall be within the discretion of the Commissioner. The Commissioner shall then prohibit the use of such scaffolding, staging, or mechanical device by any person until all danger has been removed or until it has been made to comply with the terms of this Code section by alteration, reconstruction, demolition, or replacement, as the Commissioner may direct.
4. Any person who willfully, knowingly, and persistently continues the use of a scaffold, staging, or other mechanical device in violation of any provision of this Code section shall be guilty of a misdemeanor. (Ga. L. 1933, p. 111, §§ 1-7; Ga. L. 1967, p. 792, § 1; Code 1981, § 34-1-1 ; Code 1981, § 25-15-110 , as redesignated by Ga. L. 2012, p. 1144, § 6/SB 446.)

The 2012 amendment, effective May 2, 2012, redesignated former Code Section 34-1-1 as present Code Section 25-15-110 and as a part of a new article of Chapter 15 of Title 25; in paragraph (a)(1), in the first sentence, inserted "that is" near the beginning, substituted "supports and is" for "supports, which scaffolding or staging is", deleted a comma following "ground", and substituted "secured; and the safety" for "secured, which safety"; in paragraph (c)(1), substituted "Safety Fire Commissioner" for "Commissioner of Labor"; in paragraph (c)(2), inserted "or her" following "by him", substituted "the Commissioner's name" for "his name", substituted "and the certificate shall" for "on which certificate he shall", and inserted "or she"; and, in paragraph (c)(3), substituted "Commissioner" for "Commissioner of Labor" in the first and third sentences, and substituted "the Commissioner" for "he" in the first sentence.

Cross references. - General duty of employers with respect to employment safety, § 34-2-10 .

Administrative Rules and Regulations. - Rules regulating scaffolding, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Labor, Inspections, Chapter 300-5-9.

Law reviews. - For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003).