O.C.G.A.
O.C.G.A.

O.C.G.A. § 25-2-4 (2019)

Adoption of rules and regulations by Commissioner

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The Commissioner shall adopt such rules and regulations as he deems necessary to promote the enforcement of this chapter. Such rules and regulations shall have the force and effect of law and shall have state-wide application as being the state minimum fire safety standards and shall not require adoption by a municipality or county. The governing authority of any municipality or county in this state is authorized to enforce the state minimum fire safety standards on all buildings and structures except one-family and two-family dwellings and those buildings and structures listed in Code Section 25-2-13. All other applications of the state minimum fire safety standards and fees are specified in Code Sections 25-2-4.1, 25-2-12, and 25-2-12.1. Before the Commissioner shall adopt as a part of his rules and regulations for the enforcement of this chapter any of the principles of the various codes referred to in this chapter, he shall first consider and approve them as reasonably suitable for the enforcement of this chapter. Not less than 15 days before any rules and regulations are promulgated, a public hearing shall be held. Notice of the hearing shall be advertised in a newspaper of general circulation.

History

Ga. L. 1949, p. 1057, § 3; Ga. L. 1992, p. 2186, § 1.

Annotations

Cross references. Complying with filing and hearing requirements by Safety Fire Commissioner and Commissioner of Insurance, § 50-1321. Administrative rules and regulations. Rules and Regulations for the State

Minimum Fire Safety Standards, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Commissioner for Insurance, Safety Fire Commissioner and Industrial Loan Commissioner, Rules of Safety Fire Commissioner, Rule 120-3-3-.01 et seq.

JUDICIAL DECISIONS datory safety provisions of a fire or building exit code provided a clear and convincing evidentiary basis for an award of punitive damages. Windermere, Ltd. v. Bettes, 211 Ga. App. 177, 438 S.E.2d 406, 1993 Ga. App. LEXIS 1484 (1993).

Failure to comply with safety standards. - Rules and regulations of the Safety Fire Commissioner, having the force and effect of law, were applicable to the landlord of an apartment building and the landlord’s failure to comply with man-

RESEARCH REFERENCES C.J.S. 67 C.J.S., Officers and Public Employees, § 1 et seq. 81A C.J.S., States, §§ 152 et seq., 230.

Am. Jur. 2d. 63C Am. Jur. 2d, Public Officers and Employees, § 221 et seq. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 64.

Notes of Decisions
Cited in 2 cases, 1989–1993 · leading case: Windermere, Ltd. v. Bettes, 438 S.E.2d 406 (Ga. Ct. App. 1993).
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Windermere, Ltd. v. Bettes, 438 S.E.2d 406 (Ga. Ct. App. 1993). · cites it 4× “See generally OCGA § 25-2-4. The landlord cannot avoid duties created by housing codes, building codes, or other regulatory provisions affecting the safety of the premises.”
Stuckey v. N. Propane Gas Co., 874 F.2d 1563 (11th Cir. 1989). “See O.C.G.A. § 25-2-4 (1982). . Another irrebuttable presumption of knowledge arises when the content of the warning is "common knowledge.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.