OFFICIAL CODE OF GEORGIA ANNOTATED 2013 Supplement Including Acts ofthe 2013 Regular Session ofthe General Assembly Prepared by The Code Revision Commission The Office ofLegislative Counsel and The Editorial Staff ofLexisNexis® Published Under Authority ofthe State ofGeorgia Volume 21 2003 Edition Title 25. Fire Protection and Safety Title 26. Food, Drugs, and Cosmetics IncludingAnnotations to the Georgia Reports and the GeorgiaAppeals Reports Place in Pocket of Corresponding Volume of Main Set LexisNexis® Charlottesville, Virginia Copyright © 2004—2013 BY The State of Georgia All rights reserved. ISBN 978-0-327-11074-3 (set) ISBN 978-0-8205-9826-0 5014130 (Pub.41805) THIS SUPPLEMENT CONTAINS Statutes: All laws specifically codified by the General Assembly ofthe State of Georgia through the 2013 Regular Session ofthe General Assembly. Annotations of Judicial Decisions: Case annotations reflecting decisions posted to LexisNexis® through March 29, 2013. These annotations will appear in the following tradi- tional reporter sources: Georgia Reports; Georgia Appeals Reports; Southeastern Reporter; Supreme Court Reporter; Federal Reporter; Federal Supplement; Federal Rules Decisions; Lawyers' Edition; United States Reports; and Bankruptcy Reporter. Annotations ofAttorney General Opinions: Constructions ofthe Official Code ofGeorgia Annotated, prior Codes ofGeorgia, Georgia Laws, the Constitution ofGeorgia, and the Consti- tution of the United States by the Attorney General of the State of Georgia posted to LexisNexis® through March 29, 2013. Other Annotations: References to: Emory Bankruptcy Developments Journal. Emory International Law Review. Emory Law Journal. Georgia Journal of International and Comparative Law. Georgia Law Review. Georgia State University Law Review. Mercer Law Review. Georgia State Bar Journal. Georgia Journal of Intellectual Property Law. American Jurisprudence, Second Edition. American Jurisprudence, Pleading and Practice. American Jurisprudence, Proof ofFacts. American Jurisprudence, Trials. Corpus Juris Secundum. Uniform Laws Annotated. American Law Reports, First through Sixth Series. American Law Reports, Federal. Tables: In Volume 41, a Table Eleven-A comparing provisions of the 1976 Constitution ofGeorgia to the 1983 Constitution ofGeorgia and a Table Eleven-B comparing provisions of the 1983 Constitution of Georgia to the 1976 Constitution of Georgia. An updated version of Table Fifteen which reflects legislation through the 2013 Regular Session ofthe General Assembly. iii Indices: A cumulative replacement index to laws codified in the 2013 supple- ment pamphlets and in the bound volumes ofthe Code. Contacting LexisNexis®: Visit our Website at http://www.lexisnexis.com for an online book- store, technical support, customer service, and other company informa- tion. Ifyou have questions or suggestions concerning the Official Code of Georgia Annotated, please write or call toll free 1-800-833-9844, fax at 1-518-487-3584, or email us at [email protected]. Di- rect written inquiries to: LexisNexis® Attn: Official Code of Georgia Annotated 701 East Water Street ^ ^ Charlottesville, Virginia 22902-5389 IV . TITLE 25 FIRE PROTECTION AND SAFETY Chap. 2 Regulation ofFire and Other Hazards to Persons and Prop- erty Generally, 25-2-1 through 25-2-40. 3. Local Fire Departments Generally, 25-3-1 through 25-3-27. 4. Firefighter Standards and Training, 25-4-1 through 25-4-31. 9. Blasting or Excavating Near Utility Facilities, 25-9-1 through 25-9-13. 10. Regulation ofFireworks, 25-10-1 through 25-10-9. 11. Fire Protection Sprinkler Contractors, 25-11-1 through 25-11-19. 12. Regulation of Fire Extinguishers and Suppression Systems, 25-12-1 through 25-12-22. 14. Georgia Fire Safety Standard and Firefighter Protection, 25-14-1 through 25-14-11. 15. Other Safety Inspections and Regulations, 25-15-1 through 25-15-110. RESEARCH REFERENCES — Am. Jur. Trials. Actions on Fire Preparing the Portable Kerosene Insurance Policies, 10Am. Jur. Trials 301. Heater Case for Trial, 43 Am. Jur. Trials Preparation andTrial ofArson Case, 19 315. Am. Jur. Trials 685. Handling Fire Claims Out ofCourt, 57 Use of Discovery in Product Related Am. Jur. Trials 155. BurnInjuryCases, 22Am. Jur. Trials 199. Television Fire Litigation, 26 Am. Jur. ' ' Trials 463. 2013 Supp. . T.25, C.l FIRE PROTECTIONAND SAFETY T.25, C.2 CHAPTER 1 GENERAL PROVISIONS RESEARCH REFERENCES — Am. Jur. Proof ofFacts. Innkeep- Improper or Defective Wiring as Cause er's Failure to Protect Against Fire, 14 ofFire, 47POF2d45—1. P0F2d 657. Electric Signs Determining the Failure to Prevent Outbreak and Cause of Property Damages or Personal Spread ofFire, 23 P0F2d 4—61. Injury, 23 P0F3d 159. Point of Origin of Fire Improperly Installed or Maintained Heating Appli- ance, 27 P0F2d 1. CHAPTER 2 REGULATION OF FIRE AND OTHER HAZARDS TO PERSONS AND PROPERTY GENERALLY Sec. — Sec. 25-2-4.1. Safety Fire Commissioner building plan reviews when Fees and charges. — state fire marshal, local fire 25-2-11. Local inspections Duty of marshal, state inspector, or cities and counties generally; designated code official cannot assistance of cities and coun- timely perform such services. ties by state fire marshal [Re- 25-2-20. Licensing of traveling carni- pealed] vals, circuses, and other exhib- 25-2-13. Buildings presenting special its. hazards topersons orproperty; 25-2-21. Investigation on complaint of requirements as to construc- dangerous building appurte- tion, maintenance, and use nances; effect of failure to re- generally; effect ofrules, regu- move orrepairafternotice [Re- lations, and fire safety stan- pealed] . dards issued before April 1, 25-2-33. Release offire loss information 1968; power oflocal governing by insurers on request by state authorities. or local official; immunity for 25-2-14. Buildings presenting special furnishing ofinformation; con- h—azards to persons or property fidentiality of information re- Requirement, issuance, etc., ceived; testimonybyofficials in ofbuilding permits and certifi- action against insurer. cates of occupancy; fees; em- 25-2-40. Smoke detectors required in ployment of private profes- new dwellings and dwelling sional providers to perform units; exceptions. 2013 Supp. T.25, C.2 REGULATION OF FIRE AND OTHER HAZARDS 25-2-4.1 RESEARCH REFERENCES — Am. Jur. ProofofFacts. Negligent FireInspectionbyCityorStateEmployee, 22 P0F2d 55. — 25-2-4.1. Safety Fire Commissioner Fees and charges. (a) The Commissioner is authorized to assess and collect, and per- sons so assessed shall pay in advance to the Commissioner, fees and charges under this chapter as follows: (1) New anhydrous ammonia permit for storage in bulk (more than 2,000 gallons aggregate capacity) for sale or distribution one-time fee $ 150.00 (2) Annual license for manufacture of explosives other than fireworks 150.00 (3) Annual license for manufacture, storage, or trans- port offireworks 1,500.00 (4) Carnival license 150.00 (5) Certificate of occupancy 100.00 (6) Construction plan review: (A) Bulk storage construction 150.00 (B) Building construction, 10,000 square feet or less ... 150.00 (C) Building construction, more than 10,000 square feet 015 per square foot (D) Other construction 150.00 (7) Fire sprinkler contractor certificate ofcompetency ... 150.00 (8) Liquefied petroleum gas storage license: (A) 2,000 gallons or less 150.00 (B) More than 2,000 gallons 600.00 (9) Building construction inspection: (A) 80 percent completion, 100 percent completion, annual, and first follow-up none (B) Second follow-up 150.00 (C) Third and each subsequent follow-up 220.00 (10) Purchase, storage, sale, transport, or use ofexplo- sives other than fireworks: r 2013 Supp. 3 25-2-4.1 FIRE PROTECTIONAND SAFETY 25-2-13 (A) 500 pounds or less 75.00 (B) More than 500 pounds 150.00 (11) New self-service gasoline station permit one-time fee 150.00 (12) New permit to dispense compressed natural gas (CNG) for vehicular fuel one-time fee 150.00 (b) The licenses and permits for which fees or charges are required pursuant to this Code section shall not be transferable.Anew license or permit and fee are required upon change of ownership. (Code 1981, § 25-2-4.1, enacted by Ga. L. 1992, p. 2725, § 4; Ga. L. 1993, p. 448, § 1; Ga. L. 2010, p. 9, § 1-50/HB 1055.) The 2010 amendment, effective May "500.00"insubparagraph(a)(8)(B), substi- 12, 2010, in subsection (a), substituted tuted "220.00" for "150.00" in subpara- "150.00" for "100.00" throughout, substi- graph (a)(9)(C), and substituted "75.00" tuted "1,500.00" for "1,000.00" in para- for "50.00" in subparagraph (a)(10)(A). graph (a)(3), substituted "600.00" for — 25-2-11. Local inspections Duty of cities and counties gener- ally; assistance of cities and counties by state fire marshal. Reserved. Repealed by Ga. L. 1981, p. 1779, § 8, effective April 1, 1982. — Editor's notes. Ga. L. 2013, p. 141, § 25/HB 79, reserved the designation of this Code section, effectiveApril 24, 2013. 25-2-12. Adoption of state fire safety standards and enforce- ment; investigations; excuse from compliance with standards; interpretation of standards and granting variances therefrom by Commissioner. — Law reviews. For article, "Local Government Litigation: Some Pivotal * Principles,"see55 MercerL. Rev. 1 (2003). 25-2-13. Buildings presenting special hazards to persons or property; requirements as to construction, mainte- nance, and use generally; effect of rules, regulations, and fire safety standards issued before April 1, 1968; power of local governing authorities. (a) As used in this Code section, the term: (1) "Capacity"means the maximum number ofpersons who maybe reasonably expected to be present in any building or on any floor 4 ' 2013 Supp. 25-2-13 REGULATION OF FIRE AND OTHER HAZARDS 25-2-13 thereof at a given time according to the use which is made of such building. The Commissioner shall determine and by rule declare the formula for determiningcapacityfor each ofthe uses described inthis Code section. (2) "Historic building or structure" means any individual building or any building which contributes to the historic character of a historic district, so designated by the state historic preservation officer pursuant to rules and regulations adopted by the Board of Natural Resources, or as so designated pursuant to the provisions of Article 2 ofChapter 10 ofTitle 44, the "Georgia Historic Preservation Act." (3) "Landmark museum building" means a historic building or structure used as an exhibit ofthe building or structure itselfwhich exhibits a high degree ofarchitectural integrity and which is open to the public not fewer than 12 days per year; however, additional uses, original or ancillary, to the use as a museum shall be permitted within the same building subject to the provisions ofparagraph (3) of subsection (b) of this Code section. Landmark museum buildings must be so designated by the state historic preservation officer pursuant to rules and regulations adopted by the Board of Natural Resources. (b)(1) Certain buildings and structures, because of construction or use, may constitute a special hazard to property or to the life and safety ofpersons on account offire orpanic from fear offire. Buildings constructed or used in the following manner present such a special hazard: (A) Buildings or structures more than three stories in height; provided, however, that nothing in this Code section shall apply to any individually owned residential unit within any such building; (B) Any building three or more stories in height and used as a residence by three or more families, with individual cooking and bathroom facilities for each family; provided, however, that nothing in this Code section shall apply to any individually owned residen- tial unit within any such building; (C) Any building in which there are more than 15 sleeping accommodations for hire, with or without meals but without individual cooking facilities, whether designated as a hotel, motel, inn, club, dormitory, rooming or boarding house, or by any other name; (D) Anybuildingorgroup ofbuildings which contain schools and academies for any combination of grades one through 12 having more than 15 children or students in attendance at any given time and all state funded kindergarten programs; 2013 Supp. 5 25-2-13 FIRE PROTECTIONAND SAFETY 25-2-13 (E) Hospitals, health care centers, mental health institutions, orphanages, nursing homes, convalescent homes, old age homes, jails, prisons, reformatories, and all administrative, public assem- bly, and academic buildings of colleges, universities, and vocational-technical schools. As used in this subparagraph, the terms "nursing homes," "convalescent homes," and "old age homes" mean any building used for the lodging, personal care, or nursing care on a 24 hour basis offour or more invalids, convalescents, or elderly persons who are not members ofthe same family; (F) Racetracks, stadiums, and grandstands; (G) Theaters, auditoriums, restaurants, bars, lounges, night- clubs, dance halls, recreation halls, and other places of public assembly having an occupant load of 300 or more persons, except that the occupant load shall be 100 or more persons in those buildings where alcoholic beverages are served; (G.l) Churches having an occupant load of500 or more persons in a common area or having an occupant load greater than 1,000 persons based on total occupant load ofthe building or structure; (H) Department stores and retail mercantile establishments having a gross floor area of 25,000 square feet on any one floor or having three or more floors that are open to the public. For purposes ofthis subparagraph, shopping centers and malls shall be assessed upon the basis ofthe entire area covered by the same roof or sharing common walls; provided, however, that nothing in this Code section shall apply to single-story malls or shopping centers subdivided into areas of less than 25,000 square feet by a wall or walls with a two-hour fire resistance rating and where there are unobstructed exit doors in the front and rear of every such individual occupancy which open directly to the outside; (I) Group day-care homes and child care learning centers re- quired to be licensed or commissioned as such by the Department of Early Care and Learning and in which at least seven children receive care. As used in this subparagraph, the term "group day-care home"means a day-care facility subject to licensure by the Department of Early Care and Learning where at least seven but not more than 12 children receive care; and the term "child care learning center" means a day-care facility subject to licensure or issuance of a commission by the Department of Early Care and Learning where more than 12 children receive care. Fire safety standards adopted by rules ofthe Commissioner pursuant to Code Section 25-2-4 which are applicable to group day-care homes and child care learning centers shall not require staff-to-child ratios; and 6 2013 Supp.