SB501: SB501 Office of the Safety Fire Commissioner; update provisions

26 LC 64 0105S The House Committee on Regulated Industries offers the following substitute to SB 501: A BILL TO BE ENTITLED AN ACT To amend Titles 8 and 25 of the Official Code of Georgia Annotated, relating to buildings1 and housing and fire protection and safety, respectively, so as to improve government2 efficiency by updating provisions of the office of the Safety Fire Commissioner; to provide3 for procedures for rules promulgation, hearings, and appeals; to provide for the appointment4 of a deputy commissioner of safety fire; to provide for such position's duties and powers; to5 provide for the payment of expenses of certain employees; to provide for subpoena power;6 to establish an appeals board to review certain rulings on buil ding permits; to provide for7 membership and powers of such board; to provide for review of a ll actions and8 documentation of deputized personnel; to authorize evacuation o rders; to provide for9 petitions for a rule nisi; to provide for final authority; to p rovide for certain powers in10 suspected arson investigations; to provide for immediate reporting of fatalities caused by fire11 or smoke; to provide for suspension or revocation of a license; to provide for an increased12 fee for failing to maintain a smoke detector; to provide for an increased reinspection fee; to13 establish permanent consumer fireworks sales facilities; to est ablish temporary consumer14 fireworks sales facilities; to increase the number of temporary consumer retail fireworks sales15 facilities a distributor may operate; to revise penalties for violations; to amend Chapter 6016 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions17 applicable to counties and municipal corporations, so as to mak e conforming changes; to18 S. B. 501 (SUB) - 1 - 26 LC 64 0105S amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating19 to jurisdiction, power, and duties regarding probate courts, so as to provide for probate court20 jurisdiction over certain misdemeanors; to provide for definitions; to provide for an effective21 date; to provide for related matters; to repeal conflicting laws; and for other purposes.22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23 PART I24 Fire protection and safety25 SECTION 1-1.26 Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is27 amended in Chapter 2, relating to regulation of fire and other hazards to persons and property28 generally, by revising Code Section 25-2-5, relating to appoint ment, qualifications, and29 salary of state fire marshal, as follows:30 "25-2-5.31 The Commissioner shall appoint a state fire marshal and a deputy commissioner of safety32 fire. Qualifications for appointment as state fire marshal of such positions shall be previous33 training and experience in endeavors similar to those prescribe d in this chapter. The34 Commissioner shall fix the salary of the state fire marshal such positions."35 SECTION 1-2.36 Said title is further amended in said chapter by revising Code Section 25-2-6, relating to state37 fire marshal as head of Safety Fire Division, as follows:38 S. B. 501 (SUB) - 2 - 26 LC 64 0105S "25-2-6.39 The Safety Fire Division of the office of the Commissioner of Insurance shall be headed40 by the state fire marshal deputy commissioner of safety fire appointed by the41 Commissioner."42 SECTION 1-3.43 Said title is further amended in said chapter by revising Code Section 25-2-7, relating to44 appointment process for deputy state fire marshal and other personnel, as follows:45 "25-2-7.46 The deputy commissioner of safety fire, in coordination with the state fire marshal, subject47 to the approval of the Commissioner, shall appoint a deputy sta te fire marshal and48 administrative fire safety specialists and shall employ such of fice personnel as may be49 required to carry out this chapter. The deputy state fire mars hal and administrative fire50 safety specialists shall be chosen by virtue of their previous training and experience in the51 particular duties which shall be assigned to them. They shall take an oath to perform52 faithfully the duties of their office."53 SECTION 1-4.54 Said title is further amended in said chapter by revising Code Section 25-2-8, relating to55 payment of expenses of employees in state fire marshal's office, as follows:56 "25-2-8.57 All state employees connected with the state fire marshal's office Safety Fire Division of58 the office of the Commissioner of Insurance shall be allowed subsistence, lodging, and59 other expenses in connection with the execution of their duties when away from their60 headquarters. Transportation for such employees shall be paid at the mileage rate fixed by61 law for other state employees."62 S. B. 501 (SUB) - 3 - 26 LC 64 0105S SECTION 1-5.63 Said title is further amended in said chapter by revising subse ction (c) of Code64 Section 25-2-9, relating to authority of state fire marshal and employees to investigate and65 arrest, as follows:66 "(c) Personnel employed and authorized by the state fire marshal shall have the power to67 make arrests for criminal violations established as a result of investigations. Such68 personnel shall hold certification as a peace officer from the Georgia Peace Officer69 Standards and Training Council and shall have the power to exec ute arrest warrants and70 search warrants for criminal violations, to serve subpoenas iss ued for examination,71 investigation, and trial of all offenses determined by their investigations, and to arrest, upon72 probable cause and without warrant, any person found violating any of the provisions of73 applicable criminal laws. Authorized personnel empowered to ma ke arrests pursuant to74 this Code section shall be empowered to carry firearms as autho rized by the state fire75 marshal in the performance of their duties. It shall be unlawful for any person to resist an76 arrest authorized by this Code section or to interfere in any manner, including abetting or77 assisting such resistance or interference, with personnel employed by the state fire marshal78 in the duties imposed upon such personnel by law."79 SECTION 1-6.80 Said title is further amended in said chapter by revising Code Section 25-2-10, relating to81 appeal process and requirement for surety bond, as follows:82 "25-2-10.83 (a) Should any person, firm, corporation, or public entity be dissatisfied with any ruling84 or decision of the state fire marshal, the right is granted to appeal within ten days to the85 Commissioner.86 (b) If the any person, firm, corporation, or public entity is dissatisfied with the decision of87 the Commissioner, appeal is authorized to the superior court within 30 days aggrieved or88 S. B. 501 (SUB) - 4 - 26 LC 64 0105S adversely affected by a final order of the Commissioner, the form of proceeding for judicial89 review shall be by petition for review in the superior court in the manner provided under90 Chapter 13 of Title 50.91 (c) In the event of such appeal petition for review as provided in subsection (b) of this92 Code section, the person, firm, corporation, or public entity shall give a surety bond which93 will be conditioned upon compliance with the order and direction of the state fire marshal94 or the Commissioner or both. The amount of bond shall be fixed by the Commissioner in95 such amount as will reasonably cover the order issued by the Commissioner or the state fire96 marshal or both."97 SECTION 1-7.98 Said title is further amended in said chapter by revising Code Section 25-2-11, which is99 designated as reserved, as follows:100 "25-2-11.101 (a) The purpose of this Code section is to provide a mechanism for any party aggrieved102 or adversely affected by a final ruling of a local governing authority on a building permit103 based on an interpretation or variance of the state minimum fire safety standards to appeal104 such ruling to an appeals board. Such party shall be authorized to submit an appeal to the105 Commissioner, and such appeal shall go before an appeals board within five business days106 of submission; provided, however, that the appeals board shall be authorized to delay such107 hearing for good cause.108 (b) There is established an appeals board consisting of the st ate fire marshal, who shall109 serve as chairperson of such board, and six members appointed b y the Commissioner as110 follows:111 (1) One member from a county or municipal governing authority as described in112 paragraph (1) of subsection (a) of Code Section 25-2-12;113 S. B. 501 (SUB) - 5 - 26 LC 64 0105S (2) One member from a municipal governing authority as described in subsection (b) of114 Code Section 25-2-12;115 (3) One residential contractor licensed under Chapter 41 of Title 43;116 (4) One licensed commercial general contractor licensed under Chapter 41 of Title 43;117 and118 (5) Two additional appointees to be determined by the Commissioner.119 (c) The term of each appointed member of the appeals board shall be for one year. Each120 member shall serve until a successor is appointed and qualified. Members of the appeals121 board shall serve as such without compensation but shall receiv e the same expense122 allowance as that received by members of the General Assembly a nd the same mileage123 allowance for the use of a personal car or a travel allowance of actual transportation cost124 if traveling by public carrier as that received by all other state officials and employees.125 (d) The Safety Fire Division of the office of the Commissioner of Insurance shall provide126 reasonable administrative support to the appeals board.127 (e) The appeals board shall be authorized to uphold, modify, a nd reverse in whole or in128 part a local authority's final ruling. The appeals board shall be authorized to overrule a129 local authority's order to cease and desist, stop work, or similar order when such orders are130 found not to have presented an imminent danger to life and safety of the occupants of the131 building or structure in question.132 (f) The Commissioner shall promulgate rules and regulations necessary to implement the133 provisions of this Code section. Reserved."134 SECTION 1-8.135 Said title is further amended in said chapter by revising subse ction (e) of Code136 Section 25-2-12.1, relating to deputizing of local fire marshals, deputy local fire marshals,137 and state inspectors as state officers, as follows:138 S. B. 501 (SUB) - 6 - 26 LC 64 0105S "(e) All deputized local fire marshals, deputy local fire marshals, and state inspectors shall139 submit monthly reports of their activities to the state fire marshal and shall comply with the140 administrative and operational procedures of the state fire marshal's office Safety Fire141 Division of the office of the Commissioner of Insurance. The s tate fire marshal or the142 Commissioner's designee shall be authorized to review all actions and documentation of143 deputized personnel at any time to assure compliance with administrative and operational144 procedures. The state fire marshal or the Commissioner's designee shall be authorized to145 reverse, change, mitigate, or assume direction of any action of deputized personnel. Any146 deputized local fire marshal, deputy local fire marshal, or state inspector who is found by147 the state fire marshal to be negligent in performing his or her appointed duties or in148 fulfilling his or her responsibilities shall be removed from his or her position as a state149 officer."150 SECTION 1-9.151 Said title is further amended in said chapter by adding a new s ubsection to Code Section152 25-2-14.2, relating to authority of state fire marshal to deny permit or request for certificate153 or to issue stop-work order, to read as follows:154 "(c) The Commissioner or his or her designee shall be authorize d to issue an immediate155 evacuation order of all persons from any building or structure, whether or not building156 construction is complete or such building or structure has been issued a certificate of157 occupancy, when such building or structure or any condition or cause presents an imminent158 life safety hazard of any type. Such order shall remain in effect until the Commissioner or159 his or her designee is satisfied such hazard is fully mitigated."160 SECTION 1-10.161 Said title is further amended in said chapter by revising Code Section 25-2-23, relating to162 issuance of notice to correct unsafe conditions, as follows:163 S. B. 501 (SUB) - 7 - 26 LC 64 0105S "25-2-23.164 (a) When any of the officers listed in Code Section 25-2-22 finds any building or other165 structure which, for want of repair or by reason of age or dilapidated condition or any other166 cause is especially liable to fire hazard or which is so situated as to endanger other property167 or the safety of the public, or when, in or around any building or structure, such officer168 finds combustible or explosive matter, inflammables, or other conditions dangerous to the169 safety of the building or structure, notice may be given to the owner or agent and occupant170 of the building or structure to correct such unsafe conditions as may be found.171 (b) The Commissioner or his or her designee shall be authorize d to issue an immediate172 evacuation order of all persons from any building or structure, whether or not such building173 or structure has been issued a certificate of occupancy, when such building or structure or174 any condition or cause presents an imminent life safety hazard of any type. Such order shall175 remain in effect until the Commissioner or his or her designee is satisfied such hazard is176 fully mitigated."177 SECTION 1-11.178 Said title is further amended in said chapter by revising Code Section 25-2-24, relating to179 filing of petition for court order compelling compliance with notice, as follows:180 "25-2-24.181 (a) If any owner, agent, or occupant fails to comply with the notice prescribed in provided182 for under subsection (a) of Code Section 25-2-23 within the time specified in the notice,183 the state fire marshal or his or her delegated officials, with the approval of the184 Commissioner, may petition the court for a rule nisi to show cause why an order should not185 be issued by the court that the same be removed or remedied. S uch court order shall186 forthwith be complied with by the owner or occupant of the prem ises or building within187 such time as may be fixed in the court order.188 S. B. 501 (SUB) - 8 - 26 LC 64 0105S (b) Any appeal of an order issued by the Commissioner or his or her designee pursuant to189 subsection (b) of Code Section 25-2-23 shall proceed as provide d for under Code190 Section 25-2-10."191 SECTION 1-12.192 Said title is further amended in said chapter by revising Code Section 25-2-26, relating to193 enforcement of Code Sections 25-2-22 through 25-2-25 by court order, as follows:194 "25-2-26.195 In accordance with Code Section 25-2-3, the Commissioner shall be authorized to196 implement and enforce the provisions of this title and the rule s and regulations made197 pursuant to this title, except as provided for in Code Section 25-2-12, subject to a petition198 for judicial review to superior court as provided for in Code S ection 25-2-10. Code199 Sections 25-2-22 through 25-2-25 shall be construed so that the final authority for ordering200 the carrying out and enforcement of such Code sections shall be by order of the court and201 not by the Commissioner or his delegated authority."202 SECTION 1-13.203 Said title is further amended in said chapter by revising Code Section 25-2-32.1, relating to204 reports to Safety Fire Division of serious burn injuries, as follows:205 "25-2-32.1.206 (a) Every case of a burn injury or wound where the victim sustain ed second-degree or207 third-degree burns to 5 percent or more of the body or any burns to the upper respiratory208 tract or laryngeal edema due to the inhalation of superheated air, and every case of a burn209 injury or wound which is likely to or may result in death, shall be reported at once to the210 Safety Fire Division of the office of the Commissioner of Insur ance. The Safety Fire211 Division shall accept the report and notify the proper investig atory agency as may be212 appropriate. A written report shall be provided to the Safety Fire Division within 72 hours. 213 S. B. 501 (SUB) - 9 - 26 LC 64 0105S The report shall be made by the physician attending or treating the case or by the manager,214 superintendent, or other person in charge whenever such case is treated in a hospital215 sanitarium, institution, or other medical facility.216 (b) All fatalities allegedly resulting from fire or smoke shall be reported immediately to217 the Safety Fire Division by the coroner or medical examiner of the county where such218 fatalities occurred. No coroner or medical examiner shall move or cause to be moved a219 decedent's body until authorized by personnel employed or autho rized by the state fire220 marshal or the Commissioner or his or her designee."221 SECTION 1-14.222 Said title is further amended in said chapter by revising Code Section 25-2-38, relating to223 criminal penalties for violations of chapter and rules, regulations, or orders of Commissioner,224 as follows:225 "25-2-38.226 (a) Any person, firm, or corporation violating any provision of this chapter or failing or227 refusing to comply with any regulation promulgated under this chapter shall be guilty of228 a misdemeanor and shall be punished by confinement for not more than 12 months, by a229 fine of not more than $1,000.00 per violation, or both.230 (b) A law enforcement officer shall be authorized to issue a c itation, summons, or231 accusation or to effect a custodial arrest in addition to the issuance of a citation, summons,232 or accusation. The citation, summons, or accusation shall enumerate the specific charges233 against the person and either the date upon which the person is to appear and answer the234 charges or a notation that the person will be later notified of the date upon which the person235 is to appear and answer the charges.236 (c) Any probate court, state court, or other court of competen t jurisdiction shall be237 authorized to hear and adjudicate misdemeanor violations of this title."238 S. B. 501 (SUB) - 10 - 26 LC 64 0105S SECTION 1-15.239 Said title is further amended in said chapter by revising parag raph (2) of subsection (f) of240 Code Section 25-2-40, relating to smoke detectors required in new dwellings and dwelling241 units and exceptions, as follows:242 "(2) Any occupant who fails to maintain a smoke detector in a dwelling, dwelling unit,243 or other facility, other than a nursing home, listed in subsection (a) of this Code section244 in good working order as required in this Code section shall be subject to a maximum fine245 of $25.00 $100.00 per detector , provided that a warning shall be issued for a first246 violation."247 SECTION 1-16.248 Said title is further amended in Chapter 10, relating to regulation of fireworks, by revising249 subsection (a) of Code Section 25-10-1, relating to definitions, as follows:250 "25-10-1.251 (a) As used in this chapter, the term:252 (1) 'Consumer fireworks' means any small fireworks devices con taining restricted253 amounts of pyrotechnic composition, designed primarily to produ ce visible or audible254 effects by combustion, that comply with the construction, chemi cal composition, and255 labeling regulations of the United States Consumer Product Safe ty Commission as256 provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the257 United States Department of Transportation as provided for in Part 172 of Title 49 of the258 Code of Federal Regulations, and the American Pyrotechnics Association as provided for259 in the 2001 American Pyrotechnics Association Standard 87-1, an d additionally shall260 mean Roman candles.261 (2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for262 by NFPA 1124; provided, however, that such term shall not inclu de a tent, canopy, or263 membrane structure.264 S. B. 501 (SUB) - 11 - 26 LC 64 0105S (3) 'Consumer fireworks retail sales stand' shall have the same meaning as provided for265 by NFPA 1124.266 (4) 'Distributor' means any person, firm, corporation, association, or partnership which267 sells consumer fireworks.268 (5) 'Electric plant' shall have the same meaning as provided for in Code Section 46-3A-1.269 (6) 'Fireworks' means any combustible or explosive composition or any substance or270 combination of substances or article prepared for the purpose of producing a visible or271 audible effect by combustion, explosion, deflagration, or deton ation, including blank272 cartridges, firecrackers, torpedos, skyrockets, bombs, sparklers, and other combustibles273 and explosives of like construction, as well as articles contai ning any explosive or274 flammable compound and tablets and other devices containing an explosive substance.275 (7) 'Fireworks or pyrotechnics exhibition or display before a proximate audience' means276 any exhibition or display of fireworks, or any use of pyrotechn ic special effects, that277 occurs within a building or structure or before an audience clo ser to the pyrotechnic278 devices than permitted by National Fire Protection Association Standard 1123, Code for279 Fireworks Display, as adopted by the Safety Fire Commissioner; provided, however, that280 such term shall not include the use of pyrotechnic special effects in television and motion281 picture production when no audience is present.282 (8) 'Flame effect' means the combustion of solids, liquids, or gases utilizing atmospheric283 oxygen to produce thermal, physical, visual, or audible phenomena before an audience284 or for use in motion picture and television production.285 (9) 'NFPA 1124' means the National Fire Protection Association Standard 1124, Code286 for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and287 Pyrotechnic Articles, 2006 Edition.288 (10) 'Nonprofit group' means any entity exempt from taxation under Section 501(c)(3)289 of the Internal Revenue Code of 1986, any entity incorporated u nder Chapter 3 of290 Title 14, the 'Georgia Nonprofit Corporation Code,' or a sponso red organization of a291 S. B. 501 (SUB) - 12 - 26 LC 64 0105S public or private elementary or secondary school in this state. 'Permanent consumer292 fireworks retail sales facility' shall have the same meaning as provided for by NFPA293 1124; provided, however, that such term shall not include a tent, canopy, or membrane294 structure.295 (11) 'Personal and private use' means the use of consumer fire works for any activity296 other than any activity of a professional or commercial nature or for profit or commercial297 gain and intended, in particular, for household entertainment o r enjoyment for private298 gatherings.299 (12) 'Public exhibition or display of fireworks' means the use of pyrotechnics, display300 fireworks, consumer fireworks, or any combination thereof for a ny purpose relating to301 the amusement or entertainment of the public that does not occu r within a building or302 structure or before a proximate audience; provided, however, th at such term shall not303 include the private and personal use of consumer fireworks by the public.304 (13) 'Pyrotechnics' means fireworks not intended for use by the general public.305 (14) 'Special effect' means an audible or visual effect create d for motion picture and306 television production through the use of flammable or combustib le liquids, flammable307 solids, explosives, fireworks, pyrotechnics, flame effects, and any similar materials and308 devices.309 (15) 'Store' shall have the same meaning as provided for by NF PA 1124; provided,310 however, that such term shall only include such buildings with at least 4,000 square feet311 of retail display space and wherefrom:312 (A) No more than 25 percent of such retail display space is us ed for consumer313 fireworks and items or products as provided for under paragraph (2) of subsection (b)314 of this Code section; and315 (B) Other items or products which are not consumer fireworks or items or products as316 provided for under paragraph (2) of subsection (b) of this Code section are sold;317 S. B. 501 (SUB) - 13 - 26 LC 64 0105S and provided, further, that such term means a person, firm, corporation, association, or318 partnership with more than one mercantile location, where all such mercantile locations319 are collectively known to the public by the same name or share central management.320 (16) 'Temporary consumer fireworks retail sales facility' shal l have the same meaning321 as provided for by NFPA 1124.322 (16)(17) 'Waste-water treatment plant' shall have the same meaning as provided for in323 Code Section 43-51-2.324 (17)(18) 'Water treatment plant' shall have the same meaning as provid ed for in Code325 Section 43-51-2."326 SECTION 1-17.327 Said title is further amended in said chapter by revising Code Section 25-10-2, relating to328 prohibited fireworks activities and application of noise ordinance, by revising paragraph (6)329 of subsection (b) as follows:330 "(6)(A) It shall be lawful to sell consumer fireworks from a pe rmanent consumer331 fireworks retail sales facility or store only if such permanent consumer fireworks retail332 sales facility or store is:333 (i) In compliance with the requirements for such a permanent c onsumer fireworks334 retail sales facility or store in the selling of consumer firew orks as provided for in335 NFPA 1124; and336 (ii) Selling consumer fireworks of a distributor licensed purs uant to subsection (b)337 or (d) of Code Section 25-10-5.1.338 (B) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks339 retail sales stand only if such temporary consumer fireworks retail sales stand is:340 (i) In compliance with the requirements for such a temporary consumer fireworks341 retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124;342 S. B. 501 (SUB) - 14 - 26 LC 64 0105S (ii) Within 1,000 feet of a fire hydrant of a county, municipa lity, or other political343 subdivision or a fire department connection of a building affil iated with such344 consumer fireworks retail sales stand, unless the chief adminis trative officer of the345 fire department of a county, municipality, or other political subdivision or chartered346 fire department legally organized to operate in this state pursuant to Chapter 3 of this347 title and having operational authority over such location of the temporary consumer348 fireworks retail sales stand provides in writing that such temp orary consumer349 fireworks retail sales stand may operate in excess of 1,000 feet from such fire hydrant350 or fire department connection; and351 (iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (c)352 of Code Section 25-10-5.1.353 (C) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks354 retail sales facility only if such temporary consumer fireworks retail sales facility is:355 (i) In compliance with the requirements for such a temporary c onsumer fireworks356 retail sales facility in the selling of consumer fireworks as p rovided for in NFPA357 1124;358 (ii) Within 1,000 feet of a fire hydrant of a county, municipa lity, or other political359 subdivision or a fire department connection of a building affil iated with such360 consumer fireworks retail sales facility, unless the chief administrative officer of the361 fire department of a county, municipality, or other political subdivision or chartered362 fire department legally organized to operate in this state pursuant to Chapter 3 of this363 title and having operational authority over such location of the temporary consumer364 fireworks retail sales facility provides in writing that such t emporary consumer365 fireworks retail sales facility may operate in excess of 1,000 feet from such fire366 hydrant or fire department connection;367 (iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (e)368 of Code Section 25-10-5.1; and369 S. B. 501 (SUB) - 15 - 26 LC 64 0105S (iv) Not located within one mile of a permanent consumer retail sales facility that is370 used primarily for the retail display and sale of consumer fireworks to the public.371 (D) A distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 may372 operate no more than two temporary consumer fireworks retail sales stands in this state373 per location licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1;374 provided, however, that such distributor has been operating and open to the public375 pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 30 days prior376 to July 4 or December 31 in the year of an application for a license under subsection (c)377 of Code Section 25-10-5.1 that is filed within 30 days of July 4 or December 31.378 (E) A distributor licensed pursuant to subsection (e) of Code Section 25-10-5.1 may379 operate up to three tents that meet the requirements of a temporary consumer fireworks380 retail sales facility under the NFPA 1124, provided that:381 (i) A Georgia based distributor shall own and operate at least two locations licensed382 pursuant to subsection (b) of Code Section 25-10-5.1 that have been operating and383 open to the public pursuant to subsection (b) of Code Section 25-10-5.1 no less than384 30 days prior to July 4 or December 31 in the year of an applic ation for a license385 under subsection (f) of Code Section 25-10-5.1 that is filed within 30 days of July 4386 or December 31; or387 (ii) A non-Georgia based distributor shall own and operate at least ten locations388 licensed pursuant to subsection (b) of Code Section 25-10-5.1 t hat have been389 operating and open to the public pursuant to subsection (b) or (d) of Code Section390 25-10-5.1 no less than 30 days prior to July 4 or December 31 i n the year of an391 application for a license under subsection (f) of Code Section 25-10-5.1 that is filed392 within 30 days of July 4 or December 31.393 (C)(F) It shall be unlawful to sell consumer fireworks from any motor vehicle, or from394 a trailer towed by a motor vehicle, or from a tent, canopy, or membrane structure."395 S. B. 501 (SUB) - 16 - 26 LC 64 0105S SECTION 1-18.396 Said title is further amended in said chapter by revising subse ction (c) and adding a new397 subsection to Code Section 25-10-5.1, relating to requirements for issuance of license to398 distribute consumer fireworks and required sinage, to read as follows:399 "(c)(1) The license fee for a distributor selling consumer fire works from a temporary400 consumer fireworks retail sales stand shall be $500.00 per loca tion, payable to the401 governing authority of the county, municipality, or other political subdivision of this state402 in whose boundaries such temporary consumer fireworks retail sales stand shall be located403 or is proposed to be located. Upon finding that a distributor has met the requirements of404 subsection (a) of this Code section, has a license pursuant to subsection (b) or (d) of this405 Code section, has no more than the allowable temporary consumer fireworks retail sales406 stands pursuant to subparagraph (b)(6)(B) of Code Section 25-10 -2, that the sales of407 consumer fireworks from such temporary consumer fireworks retail sales stand shall accrue408 to the benefit of a nonprofit group, and upon payment of such license fee, such license shall409 be issued by the fire department of the county, municipality, or other political subdivision410 or the chartered fire department legally organized to operate i n this state pursuant to411 Chapter 3 of this title and having operational authority of the area in which such temporary412 consumer fireworks retail sales stand shall be located or is proposed to be located. Such413 license shall identify the temporary consumer fireworks retail sales stand applicable to such414 license and shall expire on the next January 31 after the issuance of such license.415 (2) A determination by a fire department as provided for under paragraph (1) of this416 subsection of whether a distributor has met requirements for th e issuance of a license417 pursuant to this subsection shall be made within 30 days of the submission of an418 application for any such license. Such application shall be in writing and, if such fire419 department provides for a written form for the application for a license pursuant to this420 Code section, upon such form as may be provided by such fire de partment. If a421 determination has not been made within the time provided for by this paragraph, or for422 S. B. 501 (SUB) - 17 - 26 LC 64 0105S an appeal of a determination by such fire department, a distributor may seek review from423 the judge of the probate court of the county of the location or proposed location of the424 temporary consumer fireworks retail sales stand. Such judge may provide f o r t h e425 issuance or nonissuance of a license and for the payment of license fees in such manner426 as is consistent with the provisions of this subsection.427 (3) For at least one of the temporary consumer fireworks retail sales stands provided for428 under subparagraph (b)(6)(B) of Code Section 25-10-2, a nonprofit group benefiting from429 the sale of consumer fireworks from such temporary consumer fireworks retail sales stand430 shall directly participate in operating such temporary consumer fireworks retail sales431 stand. It shall be unlawful for a nonprofit group or any agent or bona fide representative432 of a nonprofit group to knowingly lend the name of the nonprofi t group or allow the433 identity of the nonprofit group to be used for the license unde r this subsection if such434 nonprofit group is not directly participating in operating, or benefiting from the operation435 of, such temporary consumer fireworks retail sales stand.436 (4)(3) The governing authority of a county, municipality, or other political subdivision437 receiving fees pursuant to this Code section shall expend such fees for public safety438 purposes.439 (5)(4) A distributor licensed pursuant to this subsection shall submit a list of the names440 and addresses, including the counties, of each temporary consumer fireworks retail sales441 stand at which such distributor has consumer fireworks offered for sale pursuant to this442 Code section to the Safety Fire Commissioner. Such list shall be submitted not less than443 30 days prior to first having a temporary consumer fireworks retail sales stand facility at444 which such distributor has consumer fireworks offered for sale and not less than 30 days445 prior to having such distributor's consumer fireworks offered f or sale at a location not446 previously included on such list. The Safety Fire Commissioner shall make such list447 publicly available for inspection. In making determinations as provided for under this448 subsection, fire departments shall reference the list provided for by this paragraph.449 S. B. 501 (SUB) - 18 - 26 LC 64 0105S (6)(5) A revocation or suspension of a license provided for under subsection (b) or (d)450 of this Code section shall operate as a revocation or suspension of a distributor's license451 under this subsection for the term of such revocation or suspension."452 "(f)(1) The license fee for a distributor selling consumer fire works from a temporary453 consumer fireworks retail sales facility shall be $500.00 per l ocation, payable to the454 governing authority of the county, municipality, or other political subdivision of this state455 in whose boundaries such temporary consumer fireworks retail sa les facility shall be456 located or is proposed to be located. Upon finding that a distributor has:457 (A) Met the requirements of subsection (a) of this Code section;458 (B) A license pursuant to subsection (b) or (d) of this Code section;459 (C) No more than the allowable temporary consumer fireworks re tail sales facilities460 pursuant to subparagraph (b)(6)(B) of Code Section 25-10-2; and461 (D) Paid such license fee, such license shall be issued by the fire department of the462 county, municipality, or other political subdivision or the cha rtered fire department463 legally organized to operate in this state pursuant to Chapter 3 of this title and having464 operational authority of the area in which such temporary consu mer fireworks retail465 sales facility shall be located or is proposed to be located. Such license shall identify466 the temporary consumer fireworks retail sales facility applicab le to such license and467 shall expire on the next January 31 after the issuance of such license.468 (2) A determination by a fire department as provided for under paragraph (1) of this469 subsection regarding whether a distributor has met requirements for the issuance of a470 license pursuant to this subsection shall be made within 30 days of the submission of an471 application for any such license. Such application shall be in writing and, if such fire472 department provides for a written form for the application for a license pursuant to this473 Code section, upon such form as may be provided by such fire de partment. If a474 determination on an application for licensure pursuant to this subsection or on an appeal475 of a determination previously made by such fire department has not been made within the476 S. B. 501 (SUB) - 19 - 26 LC 64 0105S time provided for by this paragraph, a distributor may seek review from the judge of the477 probate court of the county of the location or proposed locatio n of the temporary478 consumer fireworks retail sales facility. Such judge may provi de for the issuance or479 nonissuance of a license and for the payment of license fees in such manner as is480 consistent with the provisions of this subsection."481 SECTION 1-19.482 Said title is further amended in said chapter by revising Code Section 25-10-9, relating to483 monetary penalties for violation of chapter, as follows:484 "25-10-9.485 Notwithstanding any provision of this chapter to the contrary, the Safety Fire486 Commissioner shall have the authority to subject any person, firm, corporation, association,487 or partnership that violates this chapter to a monetary penalty of up to $2,500.00 for each488 and every act in violation of this chapter; provided, however, that the Safety Fire489 Commissioner shall have the authority to subject any person, firm, corporation, association,490 or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane491 structure to a monetary penalty of up to $5,000.00 and, if any such person, firm,492 corporation, association, or partnership is a distributor, then a license revocation for not493 more than two years. Each sales transaction in violation of this chapter shall be a separate494 offense."495 SECTION 1-20.496 Chapter 60 of Title 36 of the Official Code of Georgia Annotate d, relating to general497 provisions applicable to counties and municipal corporations, i s amended by revising498 subsection (e) of Code Section 36-60-24, relating to sale or us e or ignition of consumer499 fireworks products, as follows:500 S. B. 501 (SUB) - 20 - 26 LC 64 0105S "(e) The governing authority of a county or municipal corporation shall not unreasonably501 delay or deny an application for a temporary consumer fireworks retail sales stand."502 SECTION 1-21.503 Article 2 of Chapter 9 of Title 15 of the Official Code of Geor gia Annotated, relating to504 jurisdiction, power, and duties regarding probate courts, is amended by adding a new Code505 section to read as follows:506 "15-9-30.10.507 (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other508 jurisdiction vested in the probate courts, such courts shall ha ve the right and power to509 conduct trials, receive pleas of guilty, and impose sentences upon defendants for violating510 any law specified in Title 25 which is punishable as a misdemeanor. Such jurisdiction shall511 be concurrent with other courts having jurisdiction over such violations.512 (b) A probate court shall not have the power to dispose of misdemeanor cases as provided513 in subsection (a) of this Code section unless the defendant waives in writing a trial by jury. 514 If the defendant does not waive a trial by jury, the defendant shall notify the court and, if515 reasonable cause exists, the defendant shall be immediately bou nd over to a court in the516 county having jurisdiction to try the offense wherein a jury may be impaneled."517 PART II518 Buildings and housing519 SECTION 2-1.520 Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is521 amended by revising subsection (a) of Code Section 8-2-135.1, relating to manufacturing and522 monitoring inspection fees, as follows:523 S. B. 501 (SUB) - 21 - 26 LC 64 0105S "(a) During such time as the Commissioner's office is acting as the primary inspection524 agency pursuant to Section 623 of the National Manufactured Housing Construction and525 Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued526 thereunder, every manufacturer who manufactures manufactured homes in Georgia shall527 pay to the Commissioner a manufacturing inspection fee for each manufactured home528 manufactured in Georgia, irrespective of whether the manufactured home is offered for sale529 in this state. This manufacturing inspection fee shall be $30.00 for each certification label,530 as defined in Section 623 of the National Manufactured Housing Construction and Safety531 Standards Act of 1974, 42 U.S.C. Section 5401, et seq. For any reinspection, a $15.00532 $150.00 additional fee shall be charged."533 PART III534 Effective date and repealer535 SECTION 3-1.536 This Act shall become effective upon its approval by the Governor or upon its becoming law537 without such approval.538 SECTION 3-2.539 All laws and parts of laws in conflict with this Act are repealed.540 S. B. 501 (SUB) - 22 -