Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-3 - RULES OF SAFETY FIRE COMMISSIONER › Subject 120-3-24 - RULES AND REGULATIONS FOR LOSS PREVENTION DUE TO COMBUSTIBLE DUST EXPLOSIONS AND FIRE › Rule 120-3-24-.06 - State Minimum Fire Safety Standards with Modifications

Current through Rules and Regulations filed through June 27, 2024
(1) Unless
				otherwise stated in this chapter, the edition of the
International Fire
				Code (IFC),
and the following editions of the codes, standards,
				recommended practices, guides and methods, as published in the
National
				Fire Codes (NFC)
by the National Fire Protection Association (NFPA),
				as adopted and modified in this Chapter, shall be herein established as the
				state minimum fire safety standards for all buildings and structures that have
				operations involving the manufacturing, processing, and/or handling combustible
				particulate solids including manufacturing processes that create combustible
				dust. Where any of the adopted publications of the NFPA references NFPA 1 or
				NFPA 5000, it shall be construed that such references apply to the
International Fire Code (IFC)
or the
International
				Building Code (IBC)
respectively, as adopted by this Chapter, Chapter
				120-3-3 and the Georgia Department of Community Affairs. Where the IFC or IBC
				does not specifically address the referenced issue, NFPA 1 or NFPA 5000 may be
				applied subject to the approval of the authority having jurisdiction.
(2)
International Fire Code
(IFC), 2006 Edition
Modifications:
(a)
Modifications to Chapter 1:
1.
				Delete section 101.1 in its entirety an substitute in its place the following:
"
101.1
Title.
The
International
				  Fire Code,
2006 edition, published by the International Code Council,
				  when used in conjunction with this Chapter, shall be known as a
Georgia
				  State Minimum Fire Prevention Code,
hereafter referred to as 'this
				  code'."
2. Delete
				section 101.3 in its entirety and substitute in its place the following:
"
101.3
Purpose and intent.
The primary
				  purpose of this
Code,
as adopted, is to provide, along with
				  other adopted codes and standards, for the reasonable minimum protection of
				  life and property from the hazards created by fire, smoke, explosion, or panic
				  created from a fear of fire or smoke. It is intended that the purposes of this
Code
be accomplished by:
(1) Coordinating application and enforcement of its
				  provisions with those of other applicable laws, rules, regulations, codes, and
				  standards; and,
(2) By coordinating the application of its provisions, where
				  possible, with educational programs or efforts designed to bring about changes
				  in high risk attitudes and behaviors that are the root causes of most fire
				  related problems in Georgia; and
(3) By encouraging or requiring informational and awareness
				  programs designed to make the citizens of Georgia aware of their
				  responsibilities for compliance with this
Code
as well as the
				  other Rules and Regulations of the Safety Fire Commissioner. The intent of this
Code
is to establish the minimum requirements, consistent with
				  nationally recognized good practice, for providing a reasonable level of life
				  safety and property protection from the hazards of fire, explosion, or
				  dangerous conditions in new and existing buildings, structures, and premises
				  and to provide safety to fire fighters and emergency responders during
				  emergency operations."
3.
				Add an exception to section 102.1 to read as follows:
"Exception: This
Code
does not apply to one-
				  and two-family dwellings or one- and two-family row houses (townhouses)
				  separated by a 2-hour fire wall containing not more than three dwelling units
				  per structure."
4. Add an
				exception to section 102.2 to read as follows:
"Exception: This
Code
does not apply to one-
				  and two-family dwellings or one- and two-family row houses (townhouses)
				  separated by a 2-hour fire wall containing not more than three dwelling units
				  per structure."
5. Delete
				section 102.3 in its entirety and substitute in its place the following:
"
102.3 Change of use or occupancy.
No change
				  shall be made in use or occupancy of any building or structure that would place
				  the structure in a different division of the same group or occupancy or in a
				  different group of occupancies, unless such structure is made to comply with
				  the requirements of this
Code,
as may be applicable, as well
				  as those of the
International Building Code (IBC),
as adopted
				  by the Department of Community Affairs. Pursuant to O.C.G.A.
				  25-2-14, due to a change of use or
				  occupancy of a building or structure the building or structure shall be treated
				  as a proposed (new) building. (Refer to 103.3 of this
Code
regarding the requirements applicable to proposed (new) buildings and
				  structures.)"
6. Delete
				section 102.4 in its entirety and substitute in its place the following:
"
102.4 Application of the building code.
The
				  design and construction of proposed (new) buildings and structures shall comply
				  with the
International Building Code (IBC),
as modified and
				  adopted by the Georgia Department of Community Affairs. Repairs, alterations,
				  additions, changes in use of occupancy classification, or changes in buildings
				  or structures required by provisions of the
IFC,
and which are
				  within the scope of the
IBC,
shall be made in accordance with
				  the
IBC,
for purposes of this Chapter..
7. Delete section 102.5 in its entirety and
				insert in its place the following:
"
102.5 Historic Buildings.
Refer to 102.1 and
				  102.2 regarding the application of this
Code
to existing
				  buildings. Except to the extent required by applicable laws of Georgia, the
				  provisions of this
Code
are not mandatory for buildings or
				  structures identified and classified by the state, or as appropriate, a local
				  jurisdiction, as historic buildings when such buildings or structures are
				  judged by the fire code official to be safe and in the public interest of
				  health, safety and welfare. When evaluating the safety of historic buildings
				  the fire official should consult O.C.G.A. Title 8, Chapter 2 Article 3
				  entitled, 'Uniform Act for the Application of Building and Fire Related Codes
				  to Existing Buildings,' and the provisions of O.C.G.A. Sections
				  25-2-13(b)(3)
				  &
				  25-2-13(b)(4),
				  and NFPA Standard 914,
Code for Fire Protection of Historic Structures,
as adopted by this Chapter as a recommended
				  practice."
8. Delete section
				102.6 in its entirety and substitute in its place the following:
"
102.6 Referenced codes and standards.
Where
				  the provisions of this
Code
or the standards referenced
				  thereby and in Chapter 45 of this
Code
do not apply to the
				  specific subjects, situations or conditions encountered that involve risks to
				  life and property from the hazards of fire, panic from fear of fire or smoke,
				  or related hazards, compliance with the applicable chapters of the Rules and
				  Regulations of the Safety Fire Commissioner shall be evidence of compliance
				  with this
Code.
"
9. Add a new section 102.10 to read as
				follows:
"
102.10 Coordination of provisions.
This
Code
shall apply to all buildings, structures and facilities
				  as provided in subsections 102.1 and 102.2, and shall be utilized in
				  conjunction with codes and standards specified in
Table
				  102.10
entitled, "
CODES REFERENCE GUIDE."
Table 102.10: CODES REFERENCE
								GUIDE
Area
Primary
Supplement
Occupancy Classification
LSC
IBC
Building Construction Types
Including allowable height,
allowable building areas, and the
IBC
LSC
requirements for sprinkler protection
related to minimum building
construction types.
Means of Egress
LSC
NONE
Standpipes
IBC
IFC
Interior Finish
LSC
NONE
HVAC Systems
IMC
NONE
Vertical Openings
LSC
NONE
Sprinkler Systems minimum construction
								standard
LSC
NONE
Fire Alarm Systems
LSC
NONE
Smoke Alarms and Smoke Detection Systems
State
Statute and LSC
NONE
Portable Fire Extinguishers
IFC
NONE
Cooking Equipment
LSC and NFPA 96
NONE
Fuel Fired Appliances
IFGC
NFPA 54
Liquid Petroleum Gas
NFPA 58 NFPA 52
NFPA 54 or IFGC
Compressed Natural Gas
NONE
10.
				Delete section 103 and all sections there under in their entirety and
				substitute in its place the following:
"SECTION 103
GENERAL PROVISIONS FOR EXISTING AND PROPOSED (NEW)
				  BUILDINGS.
"
103.1 General Provisions.
The administration,
				  enforcement and penalty provisions of O.C.G.A. Title 25, Chapter 2, and the
				  administrative provisions of the various chapters of the Rules and Regulations
				  of the Safety Fire Commissioner shall apply to and regulate the application and
				  enforcement of this
Code
by the Safety Fire Division of the
				  Office of the Safety Fire Commissioner.
NOTE: Nothing herein shall be construed as prohibiting any
				  local jurisdiction from adopting the deleted portions of Chapter 1 of this
Code
for local purposes, provided, however, local amendments
				  shall not be less restrictive than this
Code
, and other codes
				  and standards as adopted by the various chapters of the Rules and Regulations
				  of the Safety Fire Commissioner.
103.1.1
The provisions of O.C.G.A. Title 25,
				  Chapter 2, and other applicable state laws, and the applicable provisions of
				  various chapters of the Rules and Regulations of the Safety Fire Commissioner
				  regarding the requirements for certificates, licenses, permits, plan reviews,
				  inspections, approvals, fees, etc. shall apply and are in addition to any
				  requirements of local jurisdictions. Local authorities having jurisdiction need
				  to be consulted to determine if rules and regulations of the local jurisdiction
				  regarding the requirements for local certificates, licenses, permits, plan
				  reviews, inspections, approvals, fees, etc. also apply.
103.1.1.1
The administrative, operational, and
				  maintenance provisions of this
Code
, with regard to the Safety
				  Fire Division of the Office of the Georgia Safety Fire Commissioner, shall be
				  limited to the scope and intents and purposes of the Official Code of Georgia
				  Annotated (O.C.G.A.) Title 25, Chapter 2, and the Commissioner's Rules and
				  Regulations.
103.1.1.1.1
Pursuant to O.C.G.A.
				  25-2-13(d), every
				  person who owns or controls the use of any building, part of a building, or
				  structure described in O.C.G.A
				  25-2-13(b)(1),
				  which because of floor area, height, location, use or intended use as a
				  gathering place for large groups, or use or intended use by or for the aged,
				  the ill, the incompetent, or the imprisoned, constitutes a special hazard to
				  property or to the life and safety on account of fire or panic from fear of
				  fire, must so construct, equip, maintain, and use such building or structure as
				  to afford every reasonable and practical precaution and protection against
				  injury from such hazards. No person who owns or controls the use or occupancy
				  of such a building or structure shall permit the use of the premises so
				  controlled for any such specially hazardous use unless he has provide d such
				  precautions against damage to property or injury to persons by these hazards as
				  are found and determined by the Commissioner in the manner described in
				  O.C.G.A. 25-2-13(d)  to be
				  reasonable and practical.
103.2
Existing buildings.
Every
				  building and structure existing as of April 1, 1968, which building or
				  structure is listed in paragraph (1) of subsection (b) of O.C.G.A
				  25-2-13 shall comply with the
				  minimum fire safety standards in the Rules and Regulations of the Safety Fire
				  Commissioner promulgated pursuant to O.C.G.A.
				  25-2 which were in effect at the
				  time such building or structure was constructed.
Exception 1: Any nonconformance noted under the electrical
				  standards adopted at the time such building or structure was constructed shall
				  be corrected in accordance with the current electrical standards adopted
				  pursuant to O.C.G.A.
				  25-2.
Exception 2: A less restrictive provision contained in any
				  subsequently adopted minimum fire safety standard pursuant to O.C.G.A.
				  25-2, may be applied to any
				  existing building or structure.
103.2.1
Existing buildings to be deemed a proposed
				  building.
For the purposes of O.C.G.A.
				  25-2-14(b), any
				  existing building or structure listed in paragraph (1) of subsection (b) of
				  O.C.G.A. 25-2-13 and which comes under the
				  jurisdiction of the Office of the Safety Fire Commissioner, pursuant to
				  O.C.G.A. 25-2-12, shall be deemed to be a
				  proposed (new) building in the event such building or structure is subject to
				  substantial renovation, a fire or other hazard of serious consequence, or a
				  change in the classification of occupancy. The term "substantial renovation",
				  for purposes of this subsection means any construction project involving exits
				  or internal features of such building or structure costing more than the
				  building's or structure's assessed value according to county tax records at the
				  time of such renovation (O.C.G.A.
				  25-2-14). Where a change of
				  classification is involved, also refer to 102.3 of this
Code
.
103.3 Proposed (new) buildings and additions to existing
				  buildings:
103.3.1
Pursuant to O.C.G.A.
				  25-2-14.1(b),
				  every proposed building and structure listed in paragraph (1) of subsection (b)
				  of O.C.G.A.
				  25-2-13 shall comply with the
				  adopted minimum fire safety standards that were in effect on the date that
				  plans and specifications therefore were received by the state fire marshal, the
				  proper local fire marshal, or state inspector for review and approval.
103.3.2
Plans and specifications for all
				  proposed buildings which come under classification in paragraph (1) of
				  subsection (b) of O.C.G.A.
				  25-2-13 and which come under the
				  jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A.
				  25-2-12 shall be submitted to and
				  receive approval by either the state fire marshal, the proper local fire
				  marshal, or state inspector before any state, municipal, or county building
				  permit may be issued or construction started (O.C.G.A.
				  25-2-14(a)). All
				  such plans and specifications submitted as required by O.C.G.A.
				  25-2-14(a)  shall
				  be accompanied by a fee in the amount provided in O.C.G.A.
				  25-2-4.1 and shall bear the seal
				  and Georgia registration number of the drafting architect or engineer or shall
				  otherwise have the approval of the Commissioner.
103.3.3
Pursuant to O.C.G.A.
				  25-2-37(a), it
				  shall be unlawful for any person to begin construction on any proposed building
				  or structure which comes under the classification in paragraph (1) of
				  subsection (b) of O.C.G.A
				  25-2-13 and which comes under the
				  jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A.
				  25-2-12 without first having plans
				  approved in accordance with O.C.G.A.
				  25-2-14.
103.4
Proposed building construction and
				  completion.
Pursuant to O.O.G.A. 25-2-14(b), a complete set of plans and
				  specifications approved as set forth in 103.3 shall be maintained on the
				  construction site, and construction shall proceed in compliance with the state
				  minimum fire safety standards under which such plans and specifications were
				  approved. The owner of any such building or structure or his authorized
				  representative shall notify the state fire marshal, the proper local fire
				  marshal, or state inspector upon completion of approximately 80 percent of the
				  construction thereof and shall apply for a certificate of occupancy when
				  construction of such building or structure is completed.
103.5
Certificate of occupancy
				  required.
Pursuant to O.C.G.A.
				  25-2-14(c), every
				  building or structure which comes under classification in paragraph (1) of
				  subsection (b) of O.C.G.A.
				  25-2-13 and which comes under the
				  jurisdiction of the Office of the Safety Fire Commissioner pursuant to O.C.G.A.
				  25-2-12 shall have a certificate of
				  occupancy issued by the state fire marshal, the proper local fire marshal, or
				  state inspector before such building or structure may be occupied. Such
				  certificates of occupancy shall be issued for each business establishment
				  within the building, shall carry a charge in the amount provided in O.C.G.A.
				  25-2-4.1, shall state the occupant
				  load for such business establishment or building, shall be posted in a
				  prominent location within such business establishment or building, and shall
				  run for the life of the building, except as provided in O.C.G.A.
				  25-2-14(d). (See
				  103.2.1of the IFC, as adopted by this Chapter.)"
11. The provisions of section 105, PERMITS,
				are not adopted for purposes of this Chapter. Local governing authorities may
				adopt the provisions for local purposes. Refer to section 103.3 with regard to
				permits required by the Rules and Regulations of the Safety Fire
				Commissioner.
12. Delete section
				107.6 in its entirety and substitute in its place the following:
"107.6
Overcrowding and Life Safety
				  Hazards.
Overcrowding or admittance of any person beyond the approved
				  capacity of a building or a portion thereof shall not be allowed. The Fire Code
				  Official, upon finding any overcrowded conditions or obstructions in aisles,
				  passageways or other means of egress, or upon finding any condition which
				  constitutes a life safety hazard, shall be authorized to cause the event to be
				  stopped until such condition or obstruction is corrected. A structure,
				  building, individual room or designated portion thereof shall be deemed to be
				  overcrowded if the number of occupants exceeds one person per 5 sq. ft. of open
				  net floor area of such room or space when fixed seating is not provided. In
				  addition, a structure, building, room or designated portion thereof shall be
				  deemed overcrowded if the total number of occupants exceeds the exit capacity
				  of the structure, building, room or area involved."
13. The provisions of section 108, BOARD OF
				APPEALS, are not adopted for purposes this Chapter. Local governing authorities
				may adopt the provisions for local purposes.
14. Delete section 109.3 and all sections
				there under in their entirety and substitute in its place the following:
"
109.3 Violation penalties.
Persons who shall
				  violate a provision of this code or shall fail to comply with any of the
				  requirements thereof or who shall erect, install, alter, repair or do work in
				  violation of the approved construction documents or directive of the fire code
				  official, or of a permit or certificate used under provisions of this
Code,
shall be guilty of violation of Code Section
				  25-2-37 of the Official Code of
				  Georgia Annotated. Each day that a violation continues after due notice has
				  been served shall be deemed a separate offense.
109.3.1 Abatement of violation.
In addition to
				  the imposition of the penalties herein described, the fire code official is
				  authorized to institute appropriate action to prevent unlawful construction or
				  to restrain, correct or abate a violation; or to prevent illegal occupancy of a
				  structure or premises; or to stop an illegal act, conduct of business or
				  occupancy of a structure on or about any premises.