GA Code § 25-2-16 (2021)
2021 Georgia Code|Title 25 - Fire Protection and Safety|Chapter 2 - Regulation of Fire and Other Hazards to Persons and Property Generally|§ 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

  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.   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.   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.     As used in this subsection, the term:   "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.   "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.   "Self-service station" means any place of business which sells gasoline or diesel fuel at retail and which allows customers to dispense the fuel.     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.     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.   JUDICIAL DECISIONS    Provision of O.C.G.A. § 25-2-16(b) is not unreasonably vague. Safety Fire Comm'r v. U.S.A. Gas, Inc., 229 Ga. App. 807, 494 S.E.2d 706 (1997).   OPINIONS OF THE ATTORNEY GENERAL    Scheme of this section is to protect the public  and it is contrary to public policy to allow the provisions of that section to be abrogated by agreement. 1970 Op. Att'y Gen. No. 70-147.    Violation of regulation adopted by Safety Fire Commissioner is a misdemeanor and punishable accordingly, or may be corrected in conformity with Ga. L. 1949, p. 1057 (see now O.C.G.A. §§ 25-2-23 through25-2-25). 1970 Op. Att'y Gen. No. 70-147.   RESEARCH REFERENCES   Am. Jur. 2d.   - 31A Am. Jur. 2d, Explosives, § 123 et seq. 38 Am. Jur. 2d, Gas and Oil, §§ 158, 237. 57A Am. Jur. 2d, Negligence, §§ 295, 301 et seq. 58 Am. Jur. 2d, Nuisances, § 38 et seq.   C.J.S.   - 65 C.J.S., Negligence, § 169 et seq. 66 C.J.S., Nuisances, §§ 68 et seq., 65, 96.   ALR.    - Validity of regulations as to manner of handling or distributing gasoline, 58 A.L.R. 860.    Validity of regulations as to keeping or storage of gasoline, 128 A.L.R. 364.   Liability in connection with fire or explosion of explosives while being stored or transported, 35 A.L.R.3d 1177.   Gasoline or other fuel storage tanks as nuisance, 50 A.L.R.3d 209.