O.C.G.A. § 25-1-1 (2019)

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 31A Am. Jur. 2d, Explosions and Explosives, § 12 et seq.

C.J.S. 35 C.J.S., Explosives, § 95 et seq. 53 C.J.S., Licenses, § 85 et seq.

CHAPTER 2 REGULATION OF FIRE AND OTHER HAZARDS TO PERSONS AND PROPERTY GENERALLY Sec.

Sec. Definition of Commissioner as Safety Fire Commissioner. Creation of office of Safety Fire Commissioner. Duties, responsibilities, and delegation authority of Commissioner. Adoption of rules and regulations by Commissioner. Permit, license, and inspection fees and charges. Appointment, qualifications, and salary of state fire marshal. State fire marshal as head of Safety Fire Division. Appointment process for deputy state fire marshal and other personnel. Payment of expenses of employees in state fire marshal’s office. Authority of state fire marshal and employees to investigate and arrest. Appeal process and requirement for surety bond. [Reserved] Local inspections - Duty of cities and counties generally; assistance of cities and counties by state fire marshal. State fire safety standards, enforcement, investigations, and variances. Deputizing of local fire marshals, deputy local fire marshals, and state inspectors as state officers. Fire safety requirements for buildings or structures presenting special hazards. Review of plans and specifications of buildings or structures presenting special hazards. Compliance of buildings and

structures presenting special hazards with minimum fire safety standards. Authority of state fire marshal to deny permit or request for certificate or to issue stop-work order. Temporary occupancy permits for buildings presenting special hazards. Regulation of the storage, transportation, and handling of hazardous materials; use of hold-open latches at self-service gasoline stations; plans for bulk storage facilities. Regulation of explosives; licensure; required reporting. Exemption of public buildings from fees or licenses; waiver for churches and charities. Regulation of fire hazards in hotels, apartment houses, department stores, warehouses, and public places. Licensing of traveling carnivals, circuses, and other exhibits. [Reserved] Investigation on complaint of dangerous building appurtenances; effect of failure to remove or repair after notice. Right of Commissioner and other authorized officials to enter and inspect buildings and premises. Inspection warrants. Issuance of notice to correct unsafe conditions. Filing of petition for court order compelling compliance with notice. Remedy of unsafe conditions by city or county upon failure to comply with court order.

Sec.

REGULATION OF FIRE AND OTHER HAZARDS Sec.

Enforcement of Code Sections 25-2-22 through 252-25 by court order. Suspected arson investigation - Authority to take testimony and arrest; obligation to furnish information to district attorney. Suspected arson investigation - Power to subpoena witnesses and documents; administration of oaths; court order to compel compliance. Hearing procedure. Duty of state fire marshal as to promotion of fire prevention and life safety generally. Dissemination of fire prevention information by state fire marshal; fire prevention education in schools. Maintenance of records of fire losses; reports of losses by insurance companies; reports of fires. Reports to Safety Fire Division of serious burn injuries. Investigation of burn injuries reported pursuant to Code Section 25-2-32.1. Release of fire loss information by insurers on request by state or local official; immunity for furnishing of information; confidentiality of information received; testimony by officials in action against insurer.

Administrative rules and regulations. Office of Commissioner of Insurance and Safety Fire Commissioner, Official

Reports of arson and suspected arson to state fire marshal and insurers; prohibition of payment of insurance claim upon receipt of report prior to notification. Cooperation with Commissioner by Department of Public Safety, Georgia State Patrol, and Georgia Bureau of Investigation. Payment of reasonable fees for assistance in assembling evidence and apprehending suspects. Civil remedies for violations of chapter and rules, regulations, or orders of Commissioner. Locking exit doors; construction of building without approval of plans; civil penalties for violation of chapter or rules. Criminal penalties for violations of chapter and rules, regulations, or orders of Commissioner. Sovereign immunity of state not waived; legal duty of property owner or lessee not relieved. Construction of chapter. Smoke detectors required in new dwellings and dwelling units; exceptions. Use of class B fire-fighting foam containing intentionally added PFAS chemicals.

Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Rule 120-2-.01 et seq.

OPINIONS OF THE ATTORNEY GENERAL Amendment by implication. - Although Ga. L. 1973, p. 890 (see now O.C.G.A. § 42-4-30 et seq.) deals, in part, with the same subject matter as Ga. L. 1949, p. 1057 (see now O.C.G.A. § 25-2-1 et seq.), i.e., fire safety standards for cer-

tain jails, the legislature, in enacting Ga. L. 1973, p. 890 (see now O.C.G.A. § 424-30 et seq.), did not intend to impliedly amend Ga. L. 1949, p. 1057 (see now O.C.G.A. § 25-2-1 et seq.) and such construction is not necessary for a reasonable

interpretation of Ga. L. 1973, p. 890 (see now O.C.G.A. § 42-4-30 et seq.). 1980 Op. Att’y Gen. No. 80-66. RESEARCH REFERENCES Am. Jur. Proof of Facts. Negligent Fire Inspection by City or State Employee, 22 POF2d 55.