reglab/statecodes huggingface dataset:
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 25-9-5 - Cooperation with UPC; permanent markers for water and sewer facilities; accurate placement; point of contact list

(a)
Except as otherwise provided by subsection (b) of this Code section, all facility owners or operators operating or maintaining underground facilities within the state shall participate as members in and cooperate with the UPC. No duplicative center shall be established. The activities of the UPC shall be funded by all facility owners or operators.
(b)
Persons that install water and sewer facilities or that own such facilities until those facilities are accepted by a local governing authority or other entity are not required to participate as members of the UPC and shall not be considered facility owners or operators. All such persons shall install and maintain permanent markers identifying all water and sewer facilities at the time of the facility installation. Notwithstanding the above, all owners or operators of water and sewer facilities that provide service from such facilities shall be considered facility owners or operators and shall be members of the UPC.
(c)
All permanent markers other than sewer cleanouts, water meter boxes, or any other visible components of an underground facility that establish the exact location of the underground facility shall be placed accurately in accordance with Code Section
25-9-9
and shall be located within the public right of way. Sewer cleanouts, water meter boxes, or any other visible components of an underground facility that establish the exact location of the underground facility shall be located within ten feet of the public right of way to be considered a permanent marker.
(d)
The UPC shall maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information as to the location of underground facilities of its participating facility owners or operators may be obtained during business hours on business days.
Amended by 2022 Ga. Laws 777,§ 1, eff. 9/1/2022.
Amended by 2005 Ga. Laws 362,§ 4, 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 25-9-8 - Treatment of underground facilities by blasters and excavators; emergency notifications

(a)
Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen any underground facility or sewer lateral which has been staked, flagged, or marked in accordance with this chapter.
(b)
When blasting or excavating is to take place within the tolerance zone, the excavator shall exercise reasonable care for the protection of the underground facility or sewer lateral, including permanent markers and paint placed to designate underground facilities. Such protection shall include, but shall not be limited to, at least one of the following based on geographical and climate conditions: hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, or other technical methods that may be developed. Other mechanical methods may be used with the approval of the facility owner or operator.
(c)
If the precise location of the underground facilities cannot be determined by the excavator, the facility owner or operator thereof shall be notified by the excavator so that the operator and the excavator shall work together to determine the precise location of the underground facilities prior to continuing the excavation.
(d)
When conducting trenchless excavation the excavator shall exercise reasonable care, as described in subsection (b) of this Code section, and shall take additional care to attempt to prevent damage to underground facilities and sewer laterals. The advisory committee may recommend to the commission more stringent criteria as it deems necessary to define additional care. The commission is authorized to adopt additional criteria to define additional care.
(e)
Any person engaged in blasting or in excavating with mechanized excavating equipment that strikes, damages, injures, or loosens any underground facility or sewer lateral, regardless as to whether the underground facility or sewer lateral is marked, shall immediately cease such blasting or excavating and notify the UPC and the appropriate facility owner or operator, if known. Upon receiving such notification from the excavator or the UPC, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of such damage. Until such time as the damage has been repaired, no person shall engage in blasting or excavating activities that may cause further damage to the underground facility or sewer lateral except as provided in Code Section
25-9-12
.
(f)
The excavator shall make an emergency 9-1-1 call to alert emergency services upon striking or damaging an underground facility that carries:
(1)
Gas as defined in 49 C.F.R. Parts 192 and 193; or
(2)
Hazardous liquid as defined in 49 C.F.R. Part 195.
Amended by 2022 Ga. Laws 777,§ 1, eff. 9/1/2022.
Amended by 2014 Ga. Laws 610,§ 5, eff. 7/1/2014.
Amended by 2005 Ga. Laws 362,§ 7, 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 25-9-9 - Degree of accuracy required in underground facility location information; liability due to inaccurate, lack of, or delayed communication of location information

(a)
For the purposes of this chapter, the location of underground facilities provided by a facility owner or operator in accordance with subsection (a) of Code Section
25-9-7
to any person engaging in scheduled blasting and excavating shall be accurate to within 18 inches, measured horizontally from the outer edge of either side of such underground facilities. If any underground facility becomes damaged by an excavator due to the furnishing of inaccurate information as to its location by the facility owner or operator, the excavator shall not be subject to any liability resulting from damage to the underground facility as a result of the blasting or excavating, provided that such person engaging in scheduled blasting or excavating complies with the requirements of Code Section
25-9-8
and there is no visible and obvious evidence to the excavator of the presence of a mismarked underground facility.
(b)
Upon documented evidence that the person seeking information as to the location of underground facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the facility owners or operators, such facility owners or operators shall be liable to such person for any such losses or expenses.
Amended by 2022 Ga. Laws 777,§ 1, eff. 9/1/2022.
Amended by 2014 Ga. Laws 610,§ 6, eff. 7/1/2014.
Amended by 2005 Ga. Laws 362,§ 8, 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 25-9-10 - Effect of chapter upon rights, titles, powers, or interests of facility owners or operators

This chapter does not affect and is not intended to affect any right, title, power, or interest that any facility owner or operator may have with relation to any underground facility or to any easement, right of way, license, permit, or other interest in or with respect to the land on which the underground facility is located.
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 25-9-10.1 - Cooperation with the Department of Transportation

(a)
(1)
On and after July 1, 2023, the Department of Transportation shall participate in and cooperate with the UPC for purposes of receiving locate requests in the Department of Transportation's right of way for underground facilities following a process consistent with Code Sections
25-9-6
,
25-9-7
, and
25-9-8
and subsection (a) of Code Section
25-9-9
.
(2)
The Department of Transportation shall not be subject to the provisions of subsection (b) of Code Section
25-9-9
or the enforcement provisions of subsections (h) and (i) of Code Section
25-9-14
.
(3)
The Department of Transportation shall not participate in the funding of the UPC or its activities.
(b)
Nothing in this chapter shall be construed to deem the Department of Transportation to be a utility owner or a utility provider.
Added 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 25-9-11 - Effect of chapter in relation to public road or street right of way

This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to the city street system, with relation to any underground facility which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever.
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 25-9-11.1 - Prohibition of local governing authorities from enforcing local ordinances or resolutions relating to certain marking or location requirements

No local governing authority shall enforce any ordinance or resolution which imposes fines for a violation of a local ordinance or resolution that establishes requirements for white lining, marking of underground facilities, re-marking of underground facilities, or otherwise locating underground facilities or sewer laterals for any locate request or large project.
Amended by 2022 Ga. Laws 777,§ 1, eff. 9/1/2022.
Added by 2016 Ga. Laws 367,§ 2, eff. 7/1/2016.
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 25-9-12 - Notice requirements for emergency excavations

The appropriate notice requirements prescribed by Code Section
25-9-6
shall not be required of persons performing emergency excavations; provided, however, that any person that engages in an emergency excavation shall take all reasonable precautions to avoid or minimize damage to any existing underground facilities and sewer laterals; provided, further, that any person that engages in an emergency excavation shall give notification of such emergency excavation as soon as practical to the UPC. In giving such notification, such person shall specifically identify the dangerous condition involved. If it is later determined that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notification had been given.
Amended by 2022 Ga. Laws 777,§ 1, eff. 9/1/2022.
Amended by 2005 Ga. Laws 362,§ 9, 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 25-9-13 - Notice requirements for nonemergency excavations in an area declared to have extraordinary circumstances

The appropriate notice requirements prescribed by Code Section
25-9-6
shall be required of persons performing nonemergency excavations in an area where one or more facility owners or operators has declared extraordinary circumstances in accordance with subsection (d) of Code Section
25-9-7
. When a situation of extraordinary circumstances has been declared, the excavator shall be responsible for securing knowledge of the PRIS status of all facility owners or operators in the area to be excavated, as not all facility owners or operators may have declared extraordinary circumstances. Once the PRIS status of all facility owners or operators is known, excavation may commence in accordance with the requirements of subsection (e) of Code Section
25-9-7
. If there is visible and obvious evidence of the presence of an unmarked underground facility or sewer lateral of a facility owner or operator that has declared extraordinary circumstances, the excavator shall exercise reasonable care for the protection of such underground facilities and sewer laterals when excavating.
Added 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 10 - REGULATION OF FIREWORKS (§§ 25-10-1 — 25-10-12) › Section 25-10-2.1 - Use of fireworks and consumer fireworks while under the influence; violation

(a)
It shall be unlawful for any person to ignite consumer fireworks or fireworks while:
(1)
Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for such person to ignite consumer fireworks or fireworks; or
(2)
Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section
16-13-21
, present in such person's blood or urine, or both, including the metabolites and derivatives of each or both, without regard to whether or not any alcohol is present in such person's breath or blood.
(b)
The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of igniting consumer fireworks or fireworks safely as a result of using a drug other than alcohol which such person is legally entitled to use.
(c)
Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor.
Added by 2016 Ga. Laws 330,§ 7, eff. 4/26/2016.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 10 - REGULATION OF FIREWORKS (§§ 25-10-1 — 25-10-12) › Section 25-10-3 - Permitted sales and uses of fireworks

Nothing in this chapter shall be construed to prohibit the following:
(1)
The wholesale or retail sale of fireworks for use in a public exhibition or public display and the transportation of fireworks for such use, provided that any person selling at wholesale or retail or transporting fireworks for such use must have a duplicate copy of the permit which has been issued by the judge of the probate court to a person, firm, corporation, association, or partnership which has been authorized to hold a public exhibition or display, and provided, further, that the seller maintains and makes available for inspection by the Safety Fire Commissioner or the designee thereof the record of any such fireworks sale for a period of 18 months from the date of sale;
(2)
Use by railroads or other transportation agencies of fireworks specifically designed and intended for signal purposes or illumination;
(3)
The sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletic or sports events or for use by military or police organizations; or
(4)
The manufacture of any fireworks not prohibited by Congress or any federal agency; the possession, transportation, and storage of any such fireworks by any manufacturer thereof; the storage of certain such fireworks by a nonmanufacturer in accordance with the provisions of Code Section
25-10-3.1
; the possession, transportation, or distribution of any such fireworks to a distributor located outside this state; the sale of such fireworks by any such manufacturer to a distributor located outside this state; or the possession and transportation of such fireworks by any manufacturer or contractor or common carrier from the point of manufacture within this state to any point outside this state.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 10 - REGULATION OF FIREWORKS (§§ 25-10-1 — 25-10-12) › Section 25-10-4.1 - Prohibition of employment of minors where fireworks are stored or displayed

No person under the age of 18 shall be employed to work at any magazine, or at any facility containing a magazine, wherein fireworks are stored or to work in any public exhibition or display of fireworks.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 10 - REGULATION OF FIREWORKS (§§ 25-10-1 — 25-10-12) › Section 25-10-5 - License and fee for manufacture, storage, and transportation of fireworks or pyrotechnic displays; regulations; inspections

(a)
The annual license fee for any person, firm, corporation, association, or partnership conducting business in this state under paragraph (4) of Code Section
25-10-3
or storing fireworks under Code Section
25-10-3.1
or conducting fireworks or pyrotechnics exhibitions or displays before a proximate audience under subsection (a) of Code Section
25-10-3.2
shall be $1,500.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, corporation, association, or partnership and of the general public. The Safety Fire Commissioner is further authorized and directed to promulgate safety regulations relating to fireworks or pyrotechnics exhibitions or displays before a proximate audience and the licensing requirements of those conducting such fireworks or pyrotechnics exhibitions or displays before a proximate audience, as he or she deems necessary. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, corporation, association, or partnership manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section
25-10-3
or as provided in Code Section
25-10-3.1
in order to ensure compliance with fire safety rules and regulations.
(b)
The annual license fee for any person, firm, corporation, association, or partnership conducting public exhibitions or displays of fireworks or using special effects under Code Section
25-10-3.2
shall be $500.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to public exhibitions or displays of fireworks and the licensing requirements of those conducting such public exhibitions or displays of fireworks, as he or she deems necessary. The Safety Fire Commissioner is further authorized and directed to promulgate safety regulations relating to the use of special effects and the licensing requirements of those using such special effects, as he or she deems necessary.
Amended by 2024 Ga. Laws 614,§ 9, eff. 7/1/2024.
Amended by 2010 Ga. Laws 360,§ 1-51, eff. 5/12/2010.
Amended by 2003 Ga. Laws 49,§ 4, eff. 5/28/2003.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 10 - REGULATION OF FIREWORKS (§§ 25-10-1 — 25-10-12) › Section 25-10-6 - Fireworks manufactured, sold, or stored in violation of chapter declared contraband; seizure and disposition thereof; forfeiture

(a)
The state fire marshal shall enforce the provisions of this chapter; provided, however, that, in addition, any law enforcement officer or agency of this state or political subdivision thereof may enforce provisions relating to using or igniting or causing to be ignited consumer fireworks. Applicable fire departments of a county, municipality, or other political subdivision or a chartered fire department shall refer cases for enforcement under subsection (c) of Code Section
25-10-5.1
to the state fire marshal. All fireworks or consumer fireworks manufactured, offered for sale, exposed for sale, or stored in violation of this chapter are declared to be contraband and may be seized, taken, and removed, or caused to be removed and destroyed or disposed of at the expense of the owner thereof by the state fire marshal, the Georgia State Patrol, or any sheriff or local police official.
(b)
Any property declared as contraband pursuant to this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.
Amended by 2016 Ga. Laws 330,§ 10, eff. 4/26/2016.
Amended by 2015 Ga. Laws 50,§ 5, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 10 - REGULATION OF FIREWORKS (§§ 25-10-1 — 25-10-12) › Section 25-10-7 - Applicability of provisions of chapter

This chapter shall not apply to the high explosives covered by Code Section
25-2-17
over which the Safety Fire Commissioner has regulatory control.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 10 - REGULATION OF FIREWORKS (§§ 25-10-1 — 25-10-12) › Section 25-10-8 - Penalty for violations of chapter

(a)
Any person, firm, corporation, association, or partnership that violates Code Section
25-10-3.2
shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both.
(b)
Any person, firm, corporation, association, or partnership that violates subsection (a) of Code Section
25-10-2
shall be guilty of a felony and shall be punished pursuant to Code Section
16-7-23
and shall also be subject to a monetary penalty of not more than $10,000.00.
(c)
Any person, firm, corporation, association, or partnership that violates any other provision of this chapter shall be guilty of a misdemeanor and shall be subject to monetary penalties as provided for in Code Section
25-10-9
.
Amended by 2024 Ga. Laws 614,§ 10, eff. 7/1/2024.
Amended by 2003 Ga. Laws 49,§ 5, eff. 5/28/2003.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 10 - REGULATION OF FIREWORKS (§§ 25-10-1 — 25-10-12) › Section 25-10-9 - Penalty for illegal use or sale of fireworks

Notwithstanding any provision of this chapter to the contrary, the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that violates this chapter to a monetary penalty of up to $2,500.00 for each and every act in violation of this chapter; provided, however, that the Safety Fire Commissioner shall have the authority to subject any person, firm, corporation, association, or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane structure to a monetary penalty of up to $5,000.00 and, if any such person, firm, corporation, association, or partnership is a distributor, then a license revocation for not more than two years. Each sales transaction in violation of this chapter shall be a separate offense.
Amended by 2024 Ga. Laws 614,§ 11, eff. 7/1/2024.
Amended by 2016 Ga. Laws 330,§ 11, eff. 4/26/2016.
Amended by 2015 Ga. Laws 50,§ 6, eff. 7/1/2015.
Added by 2005 Ga. Laws 113,§ 3, eff. 5/2/2005.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 10 - REGULATION OF FIREWORKS (§§ 25-10-1 — 25-10-12) › Section 25-10-10 - Prohibition on release of certain fire-propelled devices into the air and certain floating lantern devices into public water locations

(a)
It shall be unlawful for any person, firm, corporation, association, or partnership to sell or offer for sale or release or cause to be released any balloon, bag, parachute, or other similar device which requires fire underneath for propulsion .
(b)
It shall be unlawful for any person, firm, corporation, association, or partnership to release or cause to be released any floating water lantern which uses a flame to create a lighting effect in any public waterway, lake, pond, stream, or river.
Amended by 2024 Ga. Laws 614,§ 12, eff. 7/1/2024.
Added by 2015 Ga. Laws 50,§ 7, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 10 - REGULATION OF FIREWORKS (§§ 25-10-1 — 25-10-12) › Section 25-10-11 - Enforcement; cease and desist orders; license revocation; opportunity for hearing; penalty for failure to comply with order; authority to bring civil action

(a)
Whenever the Safety Fire Commissioner shall have reason to believe that any person is or has been violating any provisions of this chapter, the Safety Fire Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the person an order to cease and desist such violation. An order issued under this Code section shall be delivered in accordance with the provisions of subsection (c) of this Code section.
(b)
Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all licenses issued by the Safety Fire Commissioner for a period of not less than six months and not to exceed five years. If a new license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new license held by such person. In the case of an applicant for a license, violation of any provision of this title or regulations promulgated thereunder may constitute grounds for refusal of the application. Decisions under this subsection may be appealed as provided by law.
(c)
Any order issued by the Safety Fire Commissioner under this chapter shall contain or be accompanied by a notice of opportunity for hearing which shall provide that a hearing will be held if and only if a person subject to the order requests a hearing in writing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Safety Fire Commissioner or his or her agent or by registered or certified mail or statutory overnight delivery, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law.
(d)
In addition to other powers granted to the Safety Fire Commissioner under this chapter, the Safety Fire Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Safety Fire Commissioner under this chapter.
Added by 2016 Ga. Laws 330,§ 12, eff. 4/26/2016.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 10 - REGULATION OF FIREWORKS (§§ 25-10-1 — 25-10-12) › Section 25-10-12 - Additional grounds for revocation or suspension, refusal, or nonrenewal of license

(a)
In addition to the grounds set forth in Code Section
25-10-11
, it is cause for revocation or suspension, refusal, or nonrenewal by the Safety Fire Commissioner of any license issued under this chapter if it is determined that the licensee or applicant has:
(1)
Failed to comply with all the requirements of this chapter or the rules and regulations promulgated pursuant thereto;
(2)
Failed to maintain the minimum insurance coverage as set forth in this chapter;
(3)
Made a material misstatement or misrepresentation or committed a fraud in obtaining or attempting to obtain a license; or
(4)
Failed to notify the Safety Fire Commissioner, in writing, within 30 days after a change of residence, principal business address, or name.
(b)
In addition to other grounds set forth in this Code section, the Safety Fire Commissioner shall not issue a new license under this chapter if the Safety Fire Commissioner finds that the circumstance or circumstances for which the license was previously suspended or revoked still exist or are likely to recur.
Added by 2016 Ga. Laws 330,§ 12, eff. 4/26/2016.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-1 - Short title

This chapter shall be known and may be cited as the "Georgia Fire Sprinkler Act."
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-3 - Powers and duties of the Commissioner; delegation of authority

(a)
The Commissioner is charged with the duty and responsibility for the enforcement of this chapter.
(b)
Any authority, power, or duty vested in the Commissioner by any provision of this chapter may be exercised, discharged, or performed by any deputy, assistant, or other designated employee acting in the Commissioner's name and by his or her delegated authority.
(c)
The Commissioner may, at his or her discretion, have the competency and license test prepared by others.
(d)
The Commissioner is authorized to enter into a reciprocal agreement with the state fire commissioner or state fire marshal of other states for the waiver of the competency test of any applicant resident in such other jurisdiction, provided that:
(1)
The laws of the other jurisdiction are substantially similar to this chapter; and
(2)
The applicant has no place of business within this state nor is an officer, director, stockholder, or partner in any corporation or partnership doing business in this jurisdiction as a fire protection sprinkler contractor.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-4 - Certificate of competency

(a)
Any individual desiring to become a certificate holder shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such individual shall remit with his or her application a nonrefundable certificate fee of $150.00 plus a one-time filing fee of $75.00. Such fee shall not be prorated for portions of a year.
(b)
Prior to obtaining a certificate, the applicant shall demonstrate his or her competence and knowledge of water-based fire protection systems by:
(1)
Successfully completing a competency test by means prescribed by rules and regulations as adopted and promulgated by the Commissioner; or
(2)
Submitting to the Commissioner a certification from either the state fire commissioner or state fire marshal of another jurisdiction whenever a reciprocal agreement has been entered into between the two jurisdictions pursuant to the provisions of this chapter.
(c)
(1)
If the applicant has paid the required fees and has met one of the requirements of subsection (b) of this Code section, the Commissioner shall issue a certificate of competency in the name of the applicant, unless such applicant has been cited under other provisions of this chapter. Such certificate shall expire annually as determined by the rules and regulations and shall be nontransferable.
(2)
In no case shall a certificate holder be allowed to obtain a certificate of competency for more than one fire protection sprinkler contractor or more than one office location at a time. If the certificate holder should leave the employment of a fire protection sprinkler contractor or change office locations, he or she must notify the Commissioner in writing within 30 days.
(d)
A certificate holder desiring to renew his or her certificate shall submit a renewal application to the Commissioner and remit therewith a renewal fee of $100.00 on or before the date determined by the rules and regulations of each year. If the state minimum fire safety standards regarding the installation or maintenance of fire protection sprinkler systems or water-spray systems promulgated by the Commissioner have been revised since the date the certificate holder's expiring certificate was issued, the Commissioner may, upon 30 days' notice, require the certificate holder to again meet one of the requirements of subsection (b) of this Code section prior to the renewal of his or her certificate.
Amended by 2010 Ga. Laws 360,§ 1-52, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-5 - Fire protection sprinkler contractor license

(a)
Where a fire protection sprinkler contractor has multiple office locations for the purpose of design, installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems, each location shall be licensed under the provisions of this chapter.
(b)
Any organization or individual desiring to become a fire protection sprinkler contractor shall submit to the Commissioner a completed application on forms prescribed by him or her. Such organization or individual shall remit with his or her application a nonrefundable license fee of $100.00 plus a one-time filing fee of $75.00. Such fee shall not be prorated for portions of a year.
(c)
Prior to obtaining a sprinkler contractor's license, the applicant shall:
(1)
Submit to the Commissioner a copy of any and all certificate of competency holders' certificates employed by the applicant; and
(2)
Submit to the Commissioner proof of comprehensive liability insurance coverage. The liability insurance policy shall provide coverage in an amount not less than $1 million and shall cover any loss to property or personal injury caused by the fire protection sprinkler contractor. The policy must be purchased from an insurer authorized to do business in Georgia.
(d)
A fire protection sprinkler contractor license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $75.00 on or before the date determined by the rules and regulations of each year.
Amended by 2010 Ga. Laws 360,§ 1-53, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-6 - Fire protection system inspector license

(a)
Any individual desiring to become a fire protection system inspector shall submit to the Commissioner a completed application on the prescribed forms. Such individual shall remit with his or her application a nonrefundable license fee of $100.00 plus a one-time filing fee of $75.00. Such fees shall not be prorated for portions of a year.
(b)
Prior to obtaining a license, the applicant shall demonstrate his or her competence and employment by a sprinkler contractor by:
(1)
Successfully completing a competency test by means prescribed by rules and regulations as adopted and promulgated by the Commissioner; and
(2)
Submitting to the Commissioner proof of employment by a sprinkler contractor who has comprehensive liability insurance coverage. The liability insurance policy shall provide coverage in an amount not less than $1 million and shall cover any loss to property or personal injury caused by the fire protection system inspector. The policy must be purchased from an insurer authorized to do business in Georgia.
(c)
A fire protection system inspector license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $75.00 on or before the date determined by the rules and regulations of each year.
Amended by 2023 Ga. Laws 353,§ 4, eff. 7/1/2023.
Amended by 2010 Ga. Laws 360,§ 1-54, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-7 - Fire protection system designer license

(a)
Any individual desiring to become a fire protection system designer shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such individual shall remit with his or her application a nonrefundable license fee of $100.00 plus a one-time filing fee of $75.00. Such fee shall not be prorated for portions of a year.
(b)
Prior to obtaining a license, the applicant shall demonstrate his or her competence and knowledge of water-based fire protection systems by means prescribed by rules and regulations as adopted and promulgated by the Commissioner or as set forth in Chapter 15 of Title 43.
(c)
A fire protection system designer license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $75.00 on or before the date determined by the rules and regulations of each year.
Amended by 2010 Ga. Laws 360,§ 1-55, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-8 - Requirement that installation, repair, or other work be performed or supervised by certificate holder

(a)
No person shall act as a fire protection sprinkler contractor unless a certificate holder is employed full time, in office or on site or combination thereof, to supervise or perform the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems.
(b)
If the only certificate holder employed by a fire protection sprinkler contractor leaves the employment of the fire protection contractor, the contractor shall notify the Commissioner in writing within 30 days. A new certificate holder must be employed by a fire protection sprinkler contractor within 30 days of such notice.
(c)
No fire protection sprinkler contractor shall permit any person under his or her employment or control to install, repair, alter, maintain, or inspect any water-based fire protection system unless such person is a certificate holder or is under the direct supervision of a certificate holder employed by the contractor.
(d)
Only fire protection sprinkler contractors or certificate of competency holders shall alter or renovate water-based fire protection systems except as otherwise provided by this chapter.
(e)
Individuals employed by the building owner or a representative of the building owner may repair leaks, replace broken fittings, or perform other routine maintenance that does not alter the piping arrangement or operation of a water-based fire protection system.
(f)
Installations shall conform to codes as adopted by the Commissioner unless otherwise permitted by this chapter or the rules and regulations promulgated pursuant to this chapter.
(g)
It shall be unlawful for any person to begin installation of a fire sprinkler system on any proposed or existing building or structure which comes under the classification in paragraph (1) of subsection (b) of Code Section
25-2-13
or which comes under the jurisdiction of the office of the Commissioner of Insurance pursuant to Code Section
25-2-12
without first having drawings of the designed system approved by the appropriate authority having jurisdiction unless otherwise provided by the rules and regulations promulgated pursuant to this chapter.
Amended by 2015 Ga. Laws 9,§ 25, eff. 3/13/2015.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-9 - Review of water-based fire protection shop drawings

(a)
Water-based fire protection shop drawings shall be reviewed for code compliance with the state minimum standards by a certificate of competency holder.
(b)
The reviewing certificate holder's signature, printed name, and certificate number indicating such compliance shall be indicated on submitted plans.
(c)
Noncode compliance dictated by bid documents shall be reported by means prescribed by the rules and regulations promulgated pursuant to this chapter.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-10 - Preparation of water-based fire protection system documents for construction by designers

(a)
Only licensed fire protection system designers or other designers under their direct supervision shall prepare water-based fire protection system documents for construction.
(b)
All documents shall be representative of code complying water-based fire protection systems unless otherwise permitted by the rules and regulations promulgated pursuant to this chapter.
(c)
The licensed fire protection system designer's signature, printed name, and license number shall be indicated on the shop drawings.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-11 - Individuals authorized to inspect and maintain fire protection systems

(a)
Inspections, maintenance, and testing required by this chapter shall only be performed by licensed fire protection system inspectors, certificate of competency holders, or representatives of the building owner. Representatives of the building owner shall indicate in writing to the authority having jurisdiction their intent to do such inspections and provide to the authority having jurisdiction proof of knowledge and expertise pertaining to the systems inspected as specified in the rules and regulations adopted pursuant to this chapter. Said representatives of the building owner are exempt from the license requirements specified in Code Section
25-11-6
.
(b)
Duly authorized manufacturers' representatives while acting in their official capacities are exempt from this chapter.
(c)
Inspections and maintenance of water-based fire protection systems owned by a firm, business, or corporation and installed on property under control of the firm, business, or corporation may be performed by an employee of the firm, business, or corporation provided annual inspection and maintenance of the water-based system are performed by a current certificate of competency holder or inspector as defined in this chapter. Said employees are exempt from the license requirements specified in Code Section
25-11-6
.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-12 - Rules and regulations; forms

The Commissioner may promulgate such rules and regulations as he or she deems necessary to carry out the provisions of this chapter. The Commissioner may also prescribe the forms required for the administration of this chapter.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-13 - Valid license required for installation or repair of water-based fire protection systems

(a)
The installation or repair of any underground facilities or piping which connects to and furnishes water for the water-based fire protection system shall be performed only by a licensed utility contractor, fire protection sprinkler contractor, or licensed plumber in accordance with the minimum fire safety standards adopted by the Commissioner. The installing contractor shall be responsible for the installation of proper underground facilities and piping which provide an adequate flow of water from the fire protection water supply to the water-based fire protection system.
(b)
Evidence of inspection shall be given to the owner or his or her representative in the form of a letter indicating the inspector or certificate of competency holder and the license number or certificate number.
(c)
Before any local building official shall issue any license or building permit which authorizes the construction of any building or structure containing a water-based fire protection system, such local official shall require a copy of a valid fire protection sprinkler contractor license from the fire protection sprinkler contractor. The fire protection sprinkler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no requirements on the fire protection sprinkler contractor to prove competency other than proper evidence of a valid certificate of competency, as issued by the Commissioner.
(d)
Nothing in this chapter limits the power of a municipality, county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-14 - Applicability to work performed for state or political subdivision; contract and bid requirements for such work

This chapter shall also apply to any fire protection sprinkler contractor performing work for the state or any municipality, county, or other political subdivision. Officials of the state or any municipality, county, or other political subdivision are required to determine compliance with this chapter before awarding any contracts for the installation, repair, alteration, addition, maintenance, or inspection of a water-based fire protection system. Bids tendered for such contracts shall be accompanied by a copy of a valid certificate of competency.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 11 - FIRE PROTECTION SPRINKLER CONTRACTORS (§§ 25-11-1 — 25-11-19) › Section 25-11-15 - Deposit of fees collected under chapter; authority to accept grants for administration of chapter

(a)
All fees collected pursuant to the provisions of this chapter shall be deposited with the Fiscal Division of the Department of Administrative Services.
(b)
The Commissioner shall be authorized to receive grants for the administration of this chapter from parties interested in upgrading and improving the quality of water-based fire protection systems, education of the public pertaining to water-based fire protection systems, or the upgrading of fire protection, in general, in Georgia.