O.C.G.A.

O.C.G.A. § 25-4-2 (2019)

Definitions

✓ 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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As used in this chapter, the term:

(1) “Airport” means any airport located in this state which has regularly scheduled commercial air carrier service or commuter airline service as required for certification under Section 139.49 of the Federal Aviation Administration regulations.

(2) “Airport firefighter” means any person assigned to any airport located in this state who performs the duties of aircraft fire fighting or rescue.

(3) “Candidate” means a prospective firefighter who has not yet been certified by the council as having met the requirements of this chapter.

(4) “Certified firefighter” or “state certified firefighter” means any firefighter who has been certified by the council as having met the requirements of this chapter.

(5) “Council” means the Georgia Firefighter Standards and Training Council.

(5.1) “Fire department” shall have the same meaning as provided in Code Section 25-3-21.

(6) “Firefighter” means a recruit or a trained individual who is a full-time employee, part-time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which may include without limitation fire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighter’s assignments may vary based on geographic, climatic, and demographic conditions or other factors including training, experience, and ability.

(7) “Full-time” means employed for compensation on a basis of at least 40 hours per week by any municipal, county, state, or private incorporated fire department.

(8) “Part-time” means employed for compensation on less than a full-time basis by any municipal, county, state, or private incorporated fire department.

(8.1) “Recruit” means a prospective firefighter who has not yet been certified or registered by the council as having met the requirements of Code Section 25-4-8 and the rules and regulations to be a firefighter as provided for by the council.

(9) “Volunteer” means not employed for compensation on an hourly or salaried basis, but appointed and regularly enrolled to serve as a firefighter for any municipal, county, state, or private incorporated fire department.

(10) “Volunteer council” means the Georgia Volunteer Fire Service Council established by Code Section 25-4-3.1.

History

Ga. L. 1971, p. 693, § 2; Ga. L. 1987, p. 373, § 1; Ga. L. 2003, p. 888, § 4; Ga. L. 2005, p. 619, § 1/SB 308; Ga. L. 2008, p. 243, § 2/SB 414; Ga. L. 2016, p. 64, § 2/HB 727; Ga. L. 2020, p. 515, § 4/SB 342. The 2020 amendment, effective January 1, 2021, substituted “‘on an hourly or salaried basis,” for “by” in paragraph (9) and added paragraph (10).

Annotations

Editor’s notes. Ga. L. 1980, p. 1242, § 1 purported to amend this Code section. However, since it has been determined that the 1980 Act,

which dealt with airport firefighters, was intended to be a new Act (see Editor’s note at this chapter), § 1 of the 1980 Act was codified at § 25-4-30, which was subsequently repealed by Ga. L. 2005, p. 619, § 4/SB 308, effective July 1, 2005. Ga. L. 2008, p. 243, § 1/SB 414, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘2008 Georgia Firefighter Standards and Training Council Act.’” Law reviews. For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. Rev. 55 (2016).

OPINIONS OF THE ATTORNEY GENERAL Inmate firefighters should be considered volunteer firefighters as defined in O.C.G.A. § 25-4-2 and not a separate category. The Georgia Firefighter Standards and Training Council has the authority to set minimum requirements for volunteer firefighters, the category to which inmates belong, serving as fire-

fighters on fire departments as defined in O.C.G.A. § 25-3-21 and to establish and modify by rule and regulation minimum requirements for such fire departments generally, regardless of whether the departments are staffed solely or partially with inmate firefighters. 2012 Op. Att’y Gen. No. 12-4.