Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1385: Fire protection and safety; improve government efficiency by updating provisions of office of the Safety Fire Commissioner
Last action March 6, 2026 · House Committee Favorably Reported By Substitute
A House bill would restructure the state fire marshal's office by creating a deputy commissioner of safety fire, adding an appeals board for building permit disputes, and raising several fire-safety fines, while giving probate courts new authority over related misdemeanors.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
This bill rewrites parts of Georgia's fire safety law (Title 25) and buildings law (Title 8) that govern the Safety Fire Division inside the Office of the Commissioner of Insurance. It creates a new deputy commissioner of safety fire position to help run the division alongside the state fire marshal, gives fire marshal personnel subpoena power in investigations, and creates a six-member appeals board plus the state fire marshal to review disputes over local building permit rulings tied to state fire safety standards. The bill also lets the Commissioner or a designee order immediate evacuations of buildings that pose an imminent life-safety hazard, requires coroners and medical examiners to immediately report fire or smoke deaths to the Safety Fire Division, sets criminal penalties for chapter violations at up to 12 months and a $1,000 fine per violation, raises the fine for not maintaining a smoke detector from $25 to $100 per detector, and raises the manufactured home reinspection fee from $15 to $150. It also gives probate courts jurisdiction to try Title 25 misdemeanors if a defendant waives a jury trial. The law would take effect as soon as the Governor signs it or it otherwise becomes law.
What the bill does
- Creates a deputy commissioner of safety fire position, appointed by the Insurance Commissioner, to head the Safety Fire Division alongside the state fire marshal.
- Gives fire marshal investigative personnel the power to serve subpoenas for examinations, investigations, and trials related to their cases.
- Establishes a seven-member appeals board, chaired by the state fire marshal, to review local governments' final rulings on building permits tied to state fire safety standards.
- Authorizes the Commissioner or a designee to issue immediate evacuation orders for buildings posing an imminent life-safety hazard, effective until the hazard is fixed.
- Requires coroners and medical examiners to immediately report any fire- or smoke-related death to the Safety Fire Division and bars moving the body without authorization.
- Raises the fine for failing to maintain a smoke detector from $25 to $100 per detector and raises the manufactured home reinspection fee from $15 to $150.
Who it affects
The bill affects the state fire marshal's office and the Insurance Commissioner's Safety Fire Division, local governments handling building permits, licensed residential and commercial contractors, manufactured home manufacturers, coroners and medical examiners, property owners and occupants facing fire-code enforcement, and probate courts handling misdemeanor fire-safety cases.
Why it matters
Georgians dealing with building permit disputes would gain a formal appeals process, occupants of hazardous buildings could be evacuated faster under a new emergency order power, and property owners would face steeper fines for smoke detector and manufactured home violations. Fire deaths would trigger mandatory, immediate reporting to state officials.
Key provisions
- Section 1-1 through 1-3 create the deputy commissioner of safety fire position and adjust how the state fire marshal, deputy state fire marshal, and staff are appointed.
- Section 1-5 adds subpoena power for fire marshal investigative personnel handling examinations, investigations, and trials.
- Section 1-6 changes the appeals process for fire marshal rulings, replacing direct superior court appeal with a petition for judicial review under Georgia's administrative procedure law (Chapter 13 of Title 50).
- Section 1-7 establishes a seven-member appeals board (the state fire marshal plus six appointees) to review local building permit rulings involving state fire safety standards, with hearings required within five business days.
- Section 1-9 and 1-10 authorize immediate evacuation orders for buildings with imminent life-safety hazards, regardless of certificate of occupancy status.
- Section 1-13 requires coroners and medical examiners to immediately report fire- or smoke-related deaths and bars moving a body without fire marshal or Commissioner authorization.
- Section 1-14 sets criminal penalties of up to 12 months confinement or a $1,000 fine per violation and allows probate, state, or other courts to hear these misdemeanors.
- Section 1-15 raises the smoke detector maintenance fine from $25 to $100 per detector, and Section 2-1 raises the manufactured home reinspection fee from $15 to $150.
From the bill
“The Commissioner or his or her designee shall be authorized to issue an immediate evacuation order of all persons from any building or structure, whether or not building construction is complete or such building or structure has been issued a certificate of occupancy, when such building or structure or any condition or cause presents an imminent life safety hazard of any type.”
“All fatalities allegedly resulting from fire or smoke shall be reported immediately to the Safety Fire Division by the coroner or medical examiner of the county where such fatalities occurred.”
Discussed in meetings (7)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Regulated Industries Committee, March 2, 2026
From 0:18:48 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1385 would create a deputy safety fire commissioner, standardize hearings and appeals, strengthen fire-death investigations and update smoke-detector penalties. The sponsor said the substitute clarified probate court authority. An Insurance and Safety Fire Commissioner's Office representative said raising the maximum smoke-detector fine from $25 to $250 would address a penalty below a modern detector's cost. Asked about inspection delays, the representative said approved third parties can inspect elevators, subject to agency review, and that added staffing had raised inspection completion from roughly 50% to upwards of 90%; the bill would not directly improve elevator inspections. Members questioned shortening an appeals-related period from 15 to 10 days, requiring court appeals in Fulton County, undefined complaint standards and removing Administrative Procedure Act requirements. The representative accepted retaining 15 days and defended Fulton County as necessary for limited legal staff. One member suggested Statewide Business Court; another warned that could cause delays. The representative said the complaint terms likely were not defined in law. The chair suspended action and asked members to work with the sponsor and agency. At adjournment, the chair renewed concerns about the rulemaking provisions and requested further scrutiny. No vote was taken.
House Regulated Industries Committee, March 5, 2026
From 0:21:45 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor presented a substitute addressing concerns from the previous meeting. The sponsor said it removed a provision striking Administrative Procedure Act language, retained local superior courts rather than requiring Fulton County Superior Court, and removed language allowing manufactured-housing license suspensions based on a sufficient number of serious complaints, which members had considered too discretionary. The sponsor said it also reduced the commercial-property smoke-alarm fine from $250 to $100 and a manufacturing inspection fine from $250 to $150. Asked about elevators, the presenters confirmed that third parties could review and inspect initial plans, elevators and renewals. Another member asked why local superior courts were retained and whether travel would burden the department’s legal staff. A department representative said these cases generally involved challenges to the commissioner’s actions, making the department the defendant. The representative said the department accepted local courts and was working to expand its legal staff. Asked about frequency, the representative estimated fewer than two dozen cases annually, without an exact count, and said the department generally tried to resolve issues before litigation. A motion to pass received a second and a voice vote. The chair announced that the noes prevailed, then said the bill could go to Rules, leaving the outcome unclear.
House Regulated Industries Committee, March 5, 2026
From 0:26:13 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair described HB 1385 as concerning the state fire marshal's office. The chair said committee members, the bill's sponsor and the insurance commissioner's office had addressed issues discussed the previous week, without detailing those issues or changes. No questions or amendments were offered. Members approved the bill by voice vote, and the chair said it would return to the Rules Committee.
House Rules Committee, March 6, 2026
From 0:48:53 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1385 was requested by the state insurance commissioner and had passed its previous committee unanimously. The sponsor said it would strengthen oversight of local fire marshals and state inspectors, authorize immediate evacuation orders for imminent life-safety hazards, and increase a smoke-detector fine from $15 to $100. There were no questions or recorded decisions.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Johnny Chastain (R, HD-7)
- Eddie Lumsden (R, HD-12)
- Brent Cox (R, HD-28)
- Carter Barrett (R, HD-24)
- Stan Gunter (R, HD-8)
- Matthew Gambill (R, HD-15)
Topics
- fire safety regulation
- building permits
- smoke detector fines
- fire marshal authority
- probate court jurisdiction