reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 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.
Transferred from 34-11-5 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 25-15-15 - Maximum allowable working pressure

(a)
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.
(b)
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.
(c)
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.
Transferred from 34-11-6 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 25-15-17 - Chief inspector

(a)
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.
(b)
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.
Transferred from 34-11-8 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 25-15-18 - Deputy inspectors

The Commissioner may employ deputy inspectors who shall be responsible to the chief inspector and who shall have, at the time of appointment :
(1)
(A)
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 ; or
(B)
Successfully completed a nationally recognized program which provides adequate experience in the field that has been approved by the Commissioner through rule or regulation; and
(2)
Passed the examination provided for in Code Section
25-15-20
.
Amended by 2024 Ga. Laws 614,§ 14, eff. 7/1/2024.
Transferred from 34-11-9 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 25-15-19 - Special inspectors; owner or user inspectors

(a)
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.
(b)
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.
(c)
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.
Transferred from 34-11-10 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 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.
Transferred from 34-11-11 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 25-15-21 - Suspension and revocation of inspector's certificate of competency; hearing; reinstatement

(a)
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.
(b)
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.
(c)
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.
Transferred from 34-11-12 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 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.
Transferred from 34-11-13 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 25-15-25 - Reinspections and fees; waiver of penalties and interest

(a)
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.
(b)
(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.
(c)
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.
Transferred from 34-11-15.1 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 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.
Transferred from 34-11-16 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 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.
Transferred from 34-11-17 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 25-15-28 - Appeals

(a)
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
.
(b)
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."
Amended by 2013 Ga. Laws 33,§ 25, eff. 4/24/2013.
Transferred from 34-11-19 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 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.
Transferred from 34-11-20 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › 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.
Transferred from 34-11-21 and amended by 2012 Ga. Laws 755,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 2 - BOILER AND PRESSURE VESSEL SAFETY (§§ 25-15-10 — 25-15-31) › Section 25-15-31 - Civil penalties for violations; authority of Commissioner to bring civil action

(a)
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.
(b)
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.
Added by 2018 Ga. Laws 444,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 25-15-50 - Short title

This article shall be known and may be cited as the "Amusement Ride Safety Act."
Transferred from 34-12-1 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › 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.
Transferred from 34-12-2 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 25-15-52 - Consultation with persons knowledgeable in area of amusement rides

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.
Transferred from 34-12-3 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 25-15-53 - Formulation of standards and regulations for rides; related powers and duties

(a)
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.
(b)
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.
Transferred from 34-12-5 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 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.
Transferred from 34-12-6 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 25-15-55 - Permit required to operate rides; certificate of inspection

(a)
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.
(b)
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.
Transferred from 34-12-7 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 25-15-56 - Amusement ride inspection; issuance of certificate of inspection

(a)
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.
(b)
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.
Transferred from 34-12-8 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › 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.
Transferred from 34-12-9 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 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.
Transferred from 34-12-10 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › 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.
Transferred from 34-12-11 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 25-15-60 - Restrictions on ride operators

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.
Transferred from 34-12-12 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › 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.
Transferred from 34-12-13 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 25-15-62 - Liability insurance, bond, cash, or security coverage

(a)
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.
(b)
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.
Transferred from 34-12-14 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 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.
Transferred from 34-12-15 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 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.
Transferred from 34-12-16 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 25-15-65 - Compliance of existing rides

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.
Transferred from 34-12-17 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 25-15-66 - Order for temporary cessation; injunction; penalties

(a)
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.
(b)
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.
(c)
(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.
Transferred from 34-12-18 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 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.
Transferred from 34-12-19 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 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.
Transferred from 34-12-20 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 3 - AMUSEMENT RIDE SAFETY (§§ 25-15-50 — 25-15-69) › Section 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.
Transferred from 34-12-21 and amended by 2012 Ga. Laws 755,§ 3, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-80 - Short title

This article shall be known and may be cited as the "Carnival Ride Safety Act."
Transferred from 34-13-1 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 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.
Transferred from 34-13-2 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 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.
Transferred from 34-13-3 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-83 - Safety standards and regulations; licensing of inspectors; ride permits; fees

(a)
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."
(b)
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.
(c)
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.
Transferred from 34-13-5 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 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.
Transferred from 34-13-6 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-85 - Permit required; application; engineering evaluation

(a)
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.
(b)
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.
Amended by 2017 Ga. Laws 224,§ 1, eff. 7/1/2017.
Transferred from 34-13-7 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 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.
Transferred from 34-13-8 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 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.
Transferred from 34-13-9 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 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.
Transferred from 34-13-10 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.