reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 5 - RESOLUTION OF WAGES, HOURS, WORKING CONDITIONS, ETC., OF FIREFIGHTERS (§§ 25-5-1 — 25-5-14) › Section 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agent for all of the members of the fire department unless and until recognition of the labor organization is withdrawn by vote of a majority of the firefighters of the fire department.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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 5 - RESOLUTION OF WAGES, HOURS, WORKING CONDITIONS, ETC., OF FIREFIGHTERS (§§ 25-5-1 — 25-5-14) › Section 25-5-6 - Obligations of corporate authority and agent

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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 5 - RESOLUTION OF WAGES, HOURS, WORKING CONDITIONS, ETC., OF FIREFIGHTERS (§§ 25-5-1 — 25-5-14) › Section 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 5 - RESOLUTION OF WAGES, HOURS, WORKING CONDITIONS, ETC., OF FIREFIGHTERS (§§ 25-5-1 — 25-5-14) › Section 25-5-8 - Composition and selection of mediation board

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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 5 - RESOLUTION OF WAGES, HOURS, WORKING CONDITIONS, ETC., OF FIREFIGHTERS (§§ 25-5-1 — 25-5-14) › Section 25-5-9 - Hearings of mediation board

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 5 - RESOLUTION OF WAGES, HOURS, WORKING CONDITIONS, ETC., OF FIREFIGHTERS (§§ 25-5-1 — 25-5-14) › Section 25-5-10 - Factors to be considered by mediation board

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:
(A)
The hazards of employment;
(B)
The physical qualifications;
(C)
The educational qualifications;
(D)
The mental qualifications; and
(E)
The job training and skills.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 5 - RESOLUTION OF WAGES, HOURS, WORKING CONDITIONS, ETC., OF FIREFIGHTERS (§§ 25-5-1 — 25-5-14) › Section 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 5 - RESOLUTION OF WAGES, HOURS, WORKING CONDITIONS, ETC., OF FIREFIGHTERS (§§ 25-5-1 — 25-5-14) › Section 25-5-12 - Negotiated agreements constituting collective bargaining contracts; prohibition of work stoppages, slowdowns, or strikes by firefighters

(a)
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.
(b)
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.
Amended by 2003 Ga. Laws 9,§ 25, eff. 5/14/2003.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 5 - RESOLUTION OF WAGES, HOURS, WORKING CONDITIONS, ETC., OF FIREFIGHTERS (§§ 25-5-1 — 25-5-14) › Section 25-5-13 - Service of notice when collective bargaining matters require appropriation of money by municipality

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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 5 - RESOLUTION OF WAGES, HOURS, WORKING CONDITIONS, ETC., OF FIREFIGHTERS (§§ 25-5-1 — 25-5-14) › Section 25-5-14 - Applicability of chapter

(a)
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.
(b)
In no case may a city with a population of less than 20,000 come under this chapter.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 6 - MUTUAL AID RESOURCE PACTS (§§ 25-6-1 — 25-6-11) › Section 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 6 - MUTUAL AID RESOURCE PACTS (§§ 25-6-1 — 25-6-11) › Section 25-6-2 - Formation of district mutual aid resource systems or pacts authorized

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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 6 - MUTUAL AID RESOURCE PACTS (§§ 25-6-1 — 25-6-11) › Section 25-6-3 - Establishment, organization, and governance of pacts

(a)
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.
(b)
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.
(c)
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.
(d)
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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 6 - MUTUAL AID RESOURCE PACTS (§§ 25-6-1 — 25-6-11) › Section 25-6-4 - Purpose of pacts; powers and duties of pacts generally

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 6 - MUTUAL AID RESOURCE PACTS (§§ 25-6-1 — 25-6-11) › Section 25-6-5 - Liabilities, privileges, and immunities of pacts, members, and personnel

(a)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 6 - MUTUAL AID RESOURCE PACTS (§§ 25-6-1 — 25-6-11) › Section 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 6 - MUTUAL AID RESOURCE PACTS (§§ 25-6-1 — 25-6-11) › Section 25-6-7 - Joining of pacts by jurisdictions not having fire departments; withdrawal from pacts

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 6 - MUTUAL AID RESOURCE PACTS (§§ 25-6-1 — 25-6-11) › Section 25-6-8 - Establishment of pact districts; joining of nonmember jurisdictions to pact districts

(a)
Pact districts shall be established along the boundaries of counties in which member jurisdictions of a pact are located.
(b)
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
.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 6 - MUTUAL AID RESOURCE PACTS (§§ 25-6-1 — 25-6-11) › Section 25-6-9 - Merger of pact districts

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 6 - MUTUAL AID RESOURCE PACTS (§§ 25-6-1 — 25-6-11) › Section 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 6 - MUTUAL AID RESOURCE PACTS (§§ 25-6-1 — 25-6-11) › Section 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 7 - GEORGIA FIRE ACADEMY (§§ 25-7-1 — 25-7-8) › Section 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.
Amended by 2002 Ga. Laws 787,§ 4, eff. 7/1/2002.
Amended by 2002 Ga. Laws 952,§ 11, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 7 - GEORGIA FIRE ACADEMY (§§ 25-7-1 — 25-7-8) › Section 25-7-3 - "Board" defined

As used in this chapter, "board" means the Board of Public Safety.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 7 - GEORGIA FIRE ACADEMY (§§ 25-7-1 — 25-7-8) › Section 25-7-4 - Power and duties of Board of Public Safety; creation of advisory council

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 7 - GEORGIA FIRE ACADEMY (§§ 25-7-1 — 25-7-8) › Section 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 7 - GEORGIA FIRE ACADEMY (§§ 25-7-1 — 25-7-8) › Section 25-7-6 - Administrative assignment to Department of Public Safety; authority to accept gifts, grants, and donations

(a)
The Georgia Fire Academy is assigned to the Department of Public Safety for administrative purposes only, as described in Code Section
50-4-3
.
(b)
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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 7 - GEORGIA FIRE ACADEMY (§§ 25-7-1 — 25-7-8) › Section 25-7-7 - Georgia Fire Academy training programs

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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 7 - GEORGIA FIRE ACADEMY (§§ 25-7-1 — 25-7-8) › Section 25-7-8 - Attendance and effect of 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 25-8-1 - Short title

This chapter shall be known and may be cited as the "Georgia Blasting Standards Act of 1978."
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 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 here to view image
Ds =
D
[SQUARE ROOT]W
Actual distance
Scaled distance =
[SQUARE ROOT]charge weight per delay interval
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 25-8-3 - Requirements for use of explosives in blasting

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
Blasting operations shall not be conducted within close proximity to any public highway unless reasonable precautionary measures are taken to safeguard the public.
(h)
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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 25-8-4 - Blasting standards; formulas and table

(a)
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.
(b)
For blast-to-structure distance greater than 300 feet, the standard table for maximum charge per delay shall be generated by the formula:
Click here to view image
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.
(c)
The following table may be used for determining the weight of explosives to be used with a single delay period:
STANDARD TABLE OF DISTANCE
Distance in Feet
Weight in Pounds
Distance in Feet
Weight in Pounds
0-10
1/8
350
49
11-15
1/4
400
64
16-20
1/2
500
100
21-25
3/4
600
144
26-30
1.00
700
196
40
2.25
800
256
50
3.50
900
324
60
4.75
1000
400
70
6.00
1100
484
80
7.25
1200
576
90
8.50
1300
676
100
9.75
1400
784
110
11.0
1500
900
130
13.5
1600
1024
150
16.0
1700
1156
170
18.5
1800
1296
190
21.0
1900
1444
210
23.5
2000
1600
230
26.0
2500
2500
250
28.5
3000
3600
270
31.0
3500
4900
290
33.5
4000
6400
300
34.75
4500
8100
(d)
For nontabulated distances of over 300 feet, the following formula shall be used:
Click here to view image
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 25-8-5 - Use of seismograph measurements

(a)
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.
(b)
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.
(c)
In estimating the maximum peak particle velocity at a particular position, the following formula shall be used:
Click here to view image
where V
o
is the maximum ground particle velocity at the seismograph, D
o
is the distance of the seismograph from the blasting, and D is the distance from the blasting to the position in question and in the same general direction. The distance D
o
may not be greater than D, and D cannot be more than five times D
o
. This determined velocity at the site of any dwelling house, public building, school, church, or commercial or institutional building normally occupied shall not exceed the two inches per second limit.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 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
.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 25-8-8 - Maintenance of blasting records

(a)
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.
(b)
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.
(c)
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.
(d)
It shall be unlawful for any person to make a false entry in any record required to be kept pursuant to this Code section.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 25-8-11 - Enforcement; additional penalties; privileged evidence

(a)
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.
(b)
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.
(c)
All testimony, documents, and other evidence required to be submitted to the Commissioner pursuant to this chapter shall be privileged.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 8 - REGULATION OF BLASTING OPERATIONS GENERALLY (§§ 25-8-1 — 25-8-12) › Section 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.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 9 - BLASTING OR EXCAVATING NEAR UNDERGROUND GAS PIPES AND UTILITY FACILITIES (§§ 25-9-1 — 25-9-14) › Section 25-9-1 - Short title

This chapter shall be known and may be cited as the "Georgia Underground Facility Protection Act."
Amended by 2022 Ga. Laws 777,§ 1, eff. 9/1/2022.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 9 - BLASTING OR EXCAVATING NEAR UNDERGROUND GAS PIPES AND UTILITY FACILITIES (§§ 25-9-1 — 25-9-14) › Section 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 service resulting from damage to underground facilities and sewer laterals caused by blasting or excavating operations by providing a method whereby the location of underground 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 underground facilities and sewer laterals.
Amended by 2022 Ga. Laws 777,§ 1, eff. 9/1/2022.
Amended by 2005 Ga. Laws 362,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 9 - BLASTING OR EXCAVATING NEAR UNDERGROUND GAS PIPES AND UTILITY FACILITIES (§§ 25-9-1 — 25-9-14) › Section 25-9-4 - Design locate request and response

(a)
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 that 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 subparagraph (b)(2)(B) of this Code section.
(b)
Within ten business days after a design locate request has been submitted to the UPC for a proposed project, the facility owner or operator shall respond to the person calling in the design locate request under the guidelines listed below:
(1)
For single address requests, 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 underground facilities and sewer laterals within the area of the proposed excavation; or
(2)
For multiple address requests:
(A)
Provide the person submitting the design locate request the best available description of all underground facilities and sewer laterals in the area of proposed excavation, which might include drawings of underground facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or
(B)
Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all underground facilities and sewer laterals within the proposed area of excavation.
(c)
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.
(d)
A design locate request shall not be used for excavation purposes.
(e)
A design locate request shall not be required as a condition for approving a utility permit application.
Amended by 2022 Ga. Laws 777,§ 1, eff. 9/1/2022.
Amended by 2014 Ga. Laws 610,§ 2, eff. 7/1/2014.
Amended by 2005 Ga. Laws 362,§ 3, eff. 7/1/2005.