The House Committee on Regulated Industries offers the following substitute to HB 1385:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 8 and 25 of the Official Code of Georgia Annotated, relating to buildings
and housing and fire protection and safety, respectively, so as to improve government
efficiency by updating provisions of the office of the Safety Fire Commissioner; to provide
for procedures for rules promulgation, hearings, and appeals; to provide for the appointment
of a deputy commissioner of safety fire; to provide for such position's duties and powers; to
provide for the payment of expenses of certain employees; to provide for subpoena power;
to establish an appeals board to review certain rulings on building permits; to provide for
membership and powers of such board; to provide for review of all actions and
documentation of deputized personnel; to authorize evacuation orders; to provide for
petitions for a rule nisi; to provide for final authority; to provide for certain powers in
suspected arson investigations; to provide for immediate reporting of fatalities caused by fire
or smoke; to provide for suspension or revocation of a license; to provide for an increased
fee for failing to maintain a smoke detector; to provide for an increased reinspection fee; to
amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating
to jurisdiction, power, and duties regarding probate courts, so as to provide for probate court
jurisdiction over certain misdemeanors; to provide for an effective date; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
Fire protection and safety
SECTION 1-1.
Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is
amended in Chapter 2, relating to regulation of fire and other hazards to persons and property
generally, by revising Code Section 25-2-5, relating to appointment, qualifications, and
salary of state fire marshal, as follows:
"25-2-5.
The Commissioner shall appoint a state fire marshal <ins>and a deputy commissioner of safety
fire.</ins> Qualifications for appointment <del>as state fire marshal</del> <ins>of such positions</ins> shall be previous
training and experience in endeavors similar to those prescribed in this chapter. The
Commissioner shall fix the salary of <del>the state fire marshal</del> such positions."
SECTION 1-2.
Said title is further amended in said chapter by revising Code Section 25-2-6, relating to state
fire marshal as head of Safety Fire Division, as follows:
"25-2-6.
The Safety Fire Division of the office of the Commissioner of Insurance shall be headed
by the <del>state fire marshal</del> <ins>deputy commissioner of safety fire</ins> appointed by the
Commissioner."
SECTION 1-3.
Said title is further amended in said chapter by revising Code Section 25-2-7, relating to
appointment process for deputy state fire marshal and other personnel, as follows:
"25-2-7.
The <ins>deputy commissioner of safety fire, in coordination with the</ins> state fire marshal, subject
to the approval of the Commissioner, shall appoint a deputy state fire marshal and
administrative fire safety specialists and shall employ such office personnel as may be
required to carry out this chapter. The deputy state fire marshal and administrative fire
safety specialists shall be chosen by virtue of their previous training and experience in the
particular duties which shall be assigned to them. They shall take an oath to perform
faithfully the duties of their office."
SECTION 1-4.
Said title is further amended in said chapter by revising Code Section 25-2-8, relating to
payment of expenses of employees in state fire marshal's office, as follows:
"25-2-8.
All state employees connected with the <del>state fire marshal's office</del> <ins>Safety Fire Division of
the office of the Commissioner of Insurance</ins> shall be allowed subsistence, lodging, and
other expenses in connection with the execution of their duties when away from their
headquarters. Transportation for such employees shall be paid at the mileage rate fixed by
law for other state employees."
SECTION 1-5.
Said title is further amended in said chapter by revising subsection (c) of Code
Section 25-2-9, relating to authority of state fire marshal and employees to investigate and
arrest, as follows:
"(c) Personnel employed and authorized by the state fire marshal shall have the power to
make arrests for criminal violations established as a result of investigations. Such
personnel shall hold certification as a peace officer from the Georgia Peace Officer
Standards and Training Council and shall have the power to execute arrest warrants and
search warrants for criminal violations, <ins>to serve subpoenas issued for examination,
investigation, and trial of all offenses determined by their investigations,</ins> and to arrest, upon
probable cause and without warrant, any person found violating any of the provisions of
applicable criminal laws. Authorized personnel empowered to make arrests pursuant to
this Code section shall be empowered to carry firearms as authorized by the state fire
marshal in the performance of their duties. It shall be unlawful for any person to resist an
arrest authorized by this Code section or to interfere in any manner, including abetting or
assisting such resistance or interference, with personnel employed by the state fire marshal
in the duties imposed upon such personnel by law."
SECTION 1-6.
Said title is further amended in said chapter by revising Code Section 25-2-10, relating to
appeal process and requirement for surety bond, as follows:
"25-2-10.
<ins>(a)</ins> Should any person, firm, corporation, or public entity be dissatisfied with any ruling
or decision of the state fire marshal, the right is granted to appeal within ten days to the
Commissioner.
<ins>(b)</ins> If <del>the</del> <ins>any</ins> person, firm, corporation, or public entity is <del>dissatisfied with the decision of
the Commissioner, appeal is authorized to the superior court within 30 days</del> <ins>aggrieved or
adversely affected by a final order of the Commissioner, the form of proceeding for judicial
review shall be by petition for review in the superior court</ins> in the manner provided under
Chapter 13 of Title 50.
<ins>(c)</ins> In the event of such <del>appeal</del> <ins>petition for review as provided in subsection (b) of this
Code section,</ins> the person, firm, corporation, or public entity shall give a surety bond which
will be conditioned upon compliance with the order and direction of <del>the state fire marshal
or</del> the Commissioner <del>or both.</del> The amount of bond shall be fixed by the Commissioner in
such amount as will reasonably cover the order issued by the Commissioner <del>or the state fire
marshal or both."
</del> SECTION 1-7.
Said title is further amended in said chapter by revising Code Section 25-2-11, which is
designated as reserved, as follows:
"25-2-11.
<ins>(a) The purpose of this Code section is to provide a mechanism for any party aggrieved
or adversely affected by a final ruling of a local governing authority on a building permit
based on an interpretation or variance of the state minimum fire safety standards to appeal
such ruling to an appeals board. Such party shall be authorized to submit an appeal to the
Commissioner, and such appeal shall go before an appeals board within five business days
of submission; provided, however, that the appeals board shall be authorized to delay such
hearing for good cause.
(b) There is established an appeals board consisting of the state fire marshal, who shall
serve as chairperson of such board, and six members appointed by the Commissioner as
follows:
(1) One member from a county or municipal governing authority as described in
paragraph (1) of subsection (a) of Code Section 25-2-12;
(2) One member from a municipal governing authority as described in subsection (b) of
Code Section 25-2-12;
(3) One residential contractor licensed under Chapter 41 of Title 43;
(4) One licensed commercial general contractor licensed under Chapter 41 of Title 43;
and
(5) Two additional appointees to be determined by the Commissioner.
(c) The term of each appointed member of the appeals board shall be for one year. Each
member shall serve until a successor is appointed and qualified. Members of the appeals
</ins>
<ins>board shall serve as such without compensation but shall receive the same expense
allowance as that received by members of the General Assembly and the same mileage
allowance for the use of a personal car or a travel allowance of actual transportation cost
if traveling by public carrier as that received by all other state officials and employees.
(d) The Safety Fire Division of the office of the Commissioner of Insurance shall provide
reasonable administrative support to the appeals board.
(e) The appeals board shall be authorized to uphold, modify, and reverse in whole or in
part a local authority's final ruling. The appeals board shall be authorized to overrule a
local authority's order to cease and desist, stop work, or similar order when such orders are
found not to have presented an imminent danger to life and safety of the occupants of the
building or structure in question.
(f) The Commissioner shall promulgate rules and regulations necessary to implement the
provisions of this Code section.</ins> <del>Reserved."
</del> SECTION 1-8.
Said title is further amended in said chapter by revising subsection (e) of Code
Section 25-2-12.1, relating to deputizing of local fire marshals, deputy local fire marshals,
and state inspectors as state officers, as follows:
"(e) All deputized local fire marshals, deputy local fire marshals, and state inspectors shall
submit monthly reports of their activities to the state fire marshal and shall comply with the
administrative <ins>and operational</ins> procedures of the <del>state fire marshal's office</del> <ins>Safety Fire
Division of the office of the Commissioner of Insurance. The state fire marshal or the
Commissioner's designee shall be authorized to review all actions and documentation of
deputized personnel at any time to assure compliance with administrative and operational
procedures. The state fire marshal or the Commissioner's designee shall be authorized to
reverse, change, mitigate, or assume direction of any action of deputized personnel.</ins> Any
deputized local fire marshal, deputy local fire marshal, or state inspector who is found by
the state fire marshal to be negligent in performing his <ins>or her</ins> appointed duties or in
fulfilling his <ins>or her</ins> responsibilities shall be removed from his <ins>or her</ins> position as a state
officer."
SECTION 1-9.
Said title is further amended in said chapter by adding a new subsection to Code Section
25-2-14.2, relating to authority of state fire marshal to deny permit or request for certificate
or to issue stop-work order, to read as follows:
<ins>"(c) 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. Such order shall remain in effect until the Commissioner or
his or her designee is satisfied such hazard is fully mitigated."
</ins> SECTION 1-10.
Said title is further amended in said chapter by revising Code Section 25-2-23, relating to
issuance of notice to correct unsafe conditions, as follows:
"25-2-23.
<ins>(a)</ins> When any of the officers listed in Code Section 25-2-22 finds any building or <del>other
</del> structure which, for want of repair or by reason of age or dilapidated condition or any other
cause is especially liable to fire hazard or which is so situated as to endanger other property
or the safety of the public, or when, in or around any building <ins>or structure,</ins> such officer
finds combustible or explosive matter, inflammables, or other conditions dangerous to the
safety of the building <ins>or structure,</ins> notice may be given to the owner or agent and occupant
of the building <ins>or structure</ins> to correct such unsafe conditions as may be found.
<ins>(b) 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 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. Such order
shall remain in effect until the Commissioner or his or her designee is satisfied such hazard
is fully mitigated."
</ins> SECTION 1-11.
Said title is further amended in said chapter by revising Code Section 25-2-24, relating to
filing of petition for court order compelling compliance with notice, as follows:
"25-2-24.
<ins>(a)</ins> If any owner, agent, or occupant fails to comply with the notice <del>prescribed in</del> <ins>provided
for under subsection (a) of</ins> Code Section 25-2-23 within the time specified in the notice,
the state fire marshal or his <ins>or her</ins> delegated officials, with the approval of the
Commissioner, may petition the court for a rule nisi to show cause why an order should not
be issued by the court that the same be removed or remedied. Such court order shall
forthwith be complied with by the owner or occupant of the premises or building within
such time as may be fixed in the court order.
<ins>(b) Any appeal of an order issued by the Commissioner or his or her designee pursuant to
subsection (b) of Code Section 25-2-23 shall proceed as provided for under Code
Section 25-2-10."
</ins> SECTION 1-12.
Said title is further amended in said chapter by revising Code Section 25-2-26, relating to
enforcement of Code Sections 25-2-22 through 25-2-25 by court order, as follows:
"25-2-26.
<ins>In accordance with Code Section 25-2-3, the Commissioner shall be authorized to
implement and enforce the provisions of this title and the rules and regulations made
pursuant to this title, except as provided for in Code Section 25-2-12, subject to a petition
for judicial review to superior court as provided for in Code Section 25-2-10.</ins> <del>Code
Sections 25-2-22 through 25-2-25 shall be construed so that the final authority for ordering
the carrying out and enforcement of such Code sections shall be by order of the court and
not by the Commissioner or his delegated authority."
</del> SECTION 1-13.
Said title is further amended in said chapter by revising Code Section 25-2-32.1, relating to
reports to Safety Fire Division of serious burn injuries, as follows:
"25-2-32.1.
<ins>(a)</ins> Every case of a burn injury or wound where the victim sustained second-degree or
third-degree burns to 5 percent or more of the body or any burns to the upper respiratory
tract or laryngeal edema due to the inhalation of superheated air, and every case of a burn
injury or wound which is likely to or may result in death, shall be reported at once to the
Safety Fire Division of the office of the Commissioner of Insurance. The Safety Fire
Division shall accept the report and notify the proper investigatory agency as may be
appropriate. A written report shall be provided to the Safety Fire Division within 72 hours.
The report shall be made by the physician attending or treating the case or by the manager,
superintendent, or other person in charge whenever such case is treated in a hospital
sanitarium, institution, or other medical facility.
<ins>(b) 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. No coroner or medical examiner shall move or cause to be moved a
</ins>
<ins>decedent's body until authorized by personnel employed or authorized by the state fire
marshal or the Commissioner or his or her designee."
</ins> SECTION 1-14.
Said title is further amended in said chapter by revising Code Section 25-2-38, relating to
criminal penalties for violations of chapter and rules, regulations, or orders of Commissioner,
as follows:
"25-2-38.
<ins>(a)</ins> Any person, firm, or corporation violating <ins>any provision of</ins> this chapter or failing or
refusing to comply with any regulation promulgated under this chapter shall be guilty of
a misdemeanor <ins>and shall be punished by confinement for not more than 12 months, by a
fine of not more than $1,000.00 per violation, or both.
(b) A law enforcement officer shall be authorized to issue a citation, summons, or
accusation or to effect a custodial arrest in addition to the issuance of a citation, summons,
or accusation. The citation, summons, or accusation shall enumerate the specific charges
against the person and either the date upon which the person is to appear and answer the
charges or a notation that the person will be later notified of the date upon which the person
is to appear and answer the charges.
(c) Any probate court, state court, or other court of competent jurisdiction shall be
authorized to hear and adjudicate misdemeanor violations of this title."
</ins> SECTION 1-15.
Said title is further amended in said chapter by revising paragraph (2) of subsection (f) of
Code Section 25-2-40, relating to smoke detectors required in new dwellings and dwelling
units and exceptions, as follows:
"(2) Any occupant who fails to maintain a smoke detector in a dwelling, dwelling unit,
or other facility, other than a nursing home, listed in subsection (a) of this Code section
in good working order as required in this Code section shall be subject to a maximum fine
of <del>$25.00</del> <ins>$100.00 per detector,</ins> provided that a warning shall be issued for a first
violation."
SECTION 1-16.
Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to
jurisdiction, power, and duties regarding probate courts, is amended by adding a new Code
section to read as follows:
<ins>"15-9-30.10.
(a) Subject to the provisions of subsection (b) of this Code section, in addition to any other
jurisdiction vested in the probate courts, such courts shall have the right and power to
conduct trials, receive pleas of guilty, and impose sentences upon defendants for violating
any law specified in Title 25 which is punishable as a misdemeanor. Such jurisdiction shall
be concurrent with other courts having jurisdiction over such violations.
(b) A probate court shall not have the power to dispose of misdemeanor cases as provided
in subsection (a) of this Code section unless the defendant waives in writing a trial by jury.
If the defendant does not waive a trial by jury, the defendant shall notify the court and, if
reasonable cause exists, the defendant shall be immediately bound over to a court in the
county having jurisdiction to try the offense wherein a jury may be impaneled."
</ins> PART II
Buildings and housing
SECTION 2-1.
Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is
amended by revising subsection (a) of Code Section 8-2-135.1, relating to manufacturing and
monitoring inspection fees, as follows:
"(a) During such time as the Commissioner's office is acting as the primary inspection
agency pursuant to Section 623 of the National Manufactured Housing Construction and
Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued
thereunder, every manufacturer who manufactures manufactured homes in Georgia shall
pay to the Commissioner a manufacturing inspection fee for each manufactured home
manufactured in Georgia, irrespective of whether the manufactured home is offered for sale
in this state. This manufacturing inspection fee shall be $30.00 for each certification label,
as defined in Section 623 of the National Manufactured Housing Construction and Safety
Standards Act of 1974, 42 U.S.C. Section 5401, et seq. For any reinspection, a <del>$15.00
</del> <ins>$150.00</ins> additional fee shall be charged."
PART III
Effective date and repealer
SECTION 3-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3-2.
All laws and parts of laws in conflict with this Act are repealed.