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2018 Georgia Code 10-1-265 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-1-265 Case Law from Google Scholar Amendments to OCGA 10-1-265

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 10 SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS

10-1-265. Rules and regulations setting standards for liquefied petroleum gas equipment.

  1. The state fire marshal shall make, promulgate, adopt, and enforce rules and regulations setting forth minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of said gases and the degree thereof. Said rules and regulations shall be such as are reasonably necessary for the protection of the health, welfare, and safety of the public and persons using such materials and shall be based upon reasonable substantial conformity with the generally accepted standards of safety concerning the same subject matter.
  2. Rules and regulations promulgated by the state fire marshal based upon reasonable substantial conformity with the published standards of the National Board of Fire Underwriters for the design, installation, and construction of containers and pertinent equipment for the storage and handling of liquefied petroleum gases as recommended by the National Fire Protection Association shall be deemed to be in substantial conformity with the generally accepted standards of safety concerning the subject matter.

(Ga. L. 1949, p. 1128, § 4; Ga. L. 1955, p. 221, § 4; Ga. L. 1992, p. 2134, § 2.)

JUDICIAL DECISIONS

Violation of rules is negligence per se.

- Violation of valid rules and regulations constitutes negligence per se, whether alleged as negligence per se or merely as negligence, and although a violation of such regulations could not be made the basis of criminal prosecution. Bishop v. Act-O-Lane Gas Serv. Co., 91 Ga. App. 154, 85 S.E.2d 169 (1954).

Filling tank contrary to regulations.

- Petitions stated a cause of action for alleged negligence of defendant, as a distributor of butane gas, in filling a gas tank beyond the capacity fixed by the rules and regulations of the state fire marshal promulgated by authority of this article, and in filling the tank at all when the tank was in an unsafe condition, namely, within less than ten feet of the residence, contrary to the rules and regulations of the fire marshal. Harvey v. Zell, 87 Ga. App. 280, 73 S.E.2d 605 (1952).

Installation of gas appliances by one who is not an employee of the gas company and without the company's permission, in violation of regulations issued under this article, is not negligence unless done in an improper manner. Howell Gas of Athens, Inc. v. Coile, 112 Ga. App. 732, 146 S.E.2d 145 (1965).

Cited in Douglas v. Smith, 578 F.2d 1169 (5th Cir. 1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Gas and Oil, §§ 145, 159 et seq.

C.J.S.

- 38A C.J.S., Gas, §§ 5, 6, 17 et seq. 58 C.J.S., Mines and Minerals, §§ 401, 403 et seq., 443, 444.

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