HB1385: HB1385 Fire protection and safety; improve government efficiency by updating provisions of office of the Safety Fire Commissioner

26 LC 56 0642S 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 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 amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating14 to jurisdiction, power, and duties regarding probate courts, so as to provide for probate court15 jurisdiction over certain misdemeanors; to provide for an effective date; to provide for related16 matters; to repeal conflicting laws; and for other purposes.17 H. B. 1385 (SUB) - 1 - 26 LC 56 0642S BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:18 PART I19 Fire protection and safety20 SECTION 1-1.21 Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is22 amended in Chapter 2, relating to regulation of fire and other hazards to persons and property23 generally, by revising Code Section 25-2-5, relating to appoint ment, qualifications, and24 salary of state fire marshal, as follows:25 "25-2-5.26 The Commissioner shall appoint a state fire marshal and a deputy commissioner of safety27 fire. Qualifications for appointment as state fire marshal of such positions shall be previous28 training and experience in endeavors similar to those prescribe d in this chapter. The29 Commissioner shall fix the salary of the state fire marshal such positions."30 SECTION 1-2.31 Said title is further amended in said chapter by revising Code Section 25-2-6, relating to state32 fire marshal as head of Safety Fire Division, as follows:33 "25-2-6.34 The Safety Fire Division of the office of the Commissioner of Insurance shall be headed35 by the state fire marshal deputy commissioner of safety fire appointed by the36 Commissioner."37 SECTION 1-3.38 Said title is further amended in said chapter by revising Code Section 25-2-7, relating to39 appointment process for deputy state fire marshal and other personnel, as follows:40 H. B. 1385 (SUB) - 2 - 26 LC 56 0642S "25-2-7.41 The deputy commissioner of safety fire, in coordination with the state fire marshal, subject42 to the approval of the Commissioner, shall appoint a deputy sta te fire marshal and43 administrative fire safety specialists and shall employ such of fice personnel as may be44 required to carry out this chapter. The deputy state fire mars hal and administrative fire45 safety specialists shall be chosen by virtue of their previous training and experience in the46 particular duties which shall be assigned to them. They shall take an oath to perform47 faithfully the duties of their office."48 SECTION 1-4.49 Said title is further amended in said chapter by revising Code Section 25-2-8, relating to50 payment of expenses of employees in state fire marshal's office, as follows:51 "25-2-8.52 All state employees connected with the state fire marshal's office Safety Fire Division of53 the office of the Commissioner of Insurance shall be allowed subsistence, lodging, and54 other expenses in connection with the execution of their duties when away from their55 headquarters. Transportation for such employees shall be paid at the mileage rate fixed by56 law for other state employees."57 SECTION 1-5.58 Said title is further amended in said chapter by revising subse ction (c) of Code59 Section 25-2-9, relating to authority of state fire marshal and employees to investigate and60 arrest, as follows:61 "(c) Personnel employed and authorized by the state fire marshal shall have the power to62 make arrests for criminal violations established as a result of investigations. Such63 personnel shall hold certification as a peace officer from the Georgia Peace Officer64 Standards and Training Council and shall have the power to exec ute arrest warrants and65 H. B. 1385 (SUB) - 3 - 26 LC 56 0642S search warrants for criminal violations, to serve subpoenas iss ued for examination,66 investigation, and trial of all offenses determined by their investigations, and to arrest, upon67 probable cause and without warrant, any person found violating any of the provisions of68 applicable criminal laws. Authorized personnel empowered to ma ke arrests pursuant to69 this Code section shall be empowered to carry firearms as autho rized by the state fire70 marshal in the performance of their duties. It shall be unlawful for any person to resist an71 arrest authorized by this Code section or to interfere in any manner, including abetting or72 assisting such resistance or interference, with personnel employed by the state fire marshal73 in the duties imposed upon such personnel by law."74 SECTION 1-6.75 Said title is further amended in said chapter by revising Code Section 25-2-10, relating to76 appeal process and requirement for surety bond, as follows:77 "25-2-10.78 (a) Should any person, firm, corporation, or public entity be dissatisfied with any ruling79 or decision of the state fire marshal, the right is granted to appeal within ten days to the80 Commissioner.81 (b) If the any person, firm, corporation, or public entity is dissatisfied with the decision of82 the Commissioner, appeal is authorized to the superior court within 30 days aggrieved or83 adversely affected by a final order of the Commissioner, the form of proceeding for judicial84 review shall be by petition for review in the superior court in the manner provided under85 Chapter 13 of Title 50.86 (c) In the event of such appeal petition for review as provided in subsection (b) of this87 Code section, the person, firm, corporation, or public entity shall give a surety bond which88 will be conditioned upon compliance with the order and direction of the state fire marshal89 or the Commissioner or both. The amount of bond shall be fixed by the Commissioner in90 H. B. 1385 (SUB) - 4 - 26 LC 56 0642S such amount as will reasonably cover the order issued by the Commissioner or the state fire91 marshal or both."92 SECTION 1-7.93 Said title is further amended in said chapter by revising Code Section 25-2-11, which is94 designated as reserved, as follows:95 "25-2-11.96 (a) The purpose of this Code section is to provide a mechanism for any party aggrieved97 or adversely affected by a final ruling of a local governing authority on a building permit98 based on an interpretation or variance of the state minimum fire safety standards to appeal99 such ruling to an appeals board. Such party shall be authorized to submit an appeal to the100 Commissioner, and such appeal shall go before an appeals board within five business days101 of submission; provided, however, that the appeals board shall be authorized to delay such102 hearing for good cause.103 (b) There is established an appeals board consisting of the st ate fire marshal, who shall104 serve as chairperson of such board, and six members appointed by the Commissioner as105 follows:106 (1) One member from a county or municipal governing authority as described in107 paragraph (1) of subsection (a) of Code Section 25-2-12;108 (2) One member from a municipal governing authority as described in subsection (b) of109 Code Section 25-2-12;110 (3) One residential contractor licensed under Chapter 41 of Title 43;111 (4) One licensed commercial general contractor licensed under Chapter 41 of Title 43;112 and113 (5) Two additional appointees to be determined by the Commissioner.114 (c) The term of each appointed member of the appeals board shall be for one year. Each115 member shall serve until a successor is appointed and qualified. Members of the appeals116 H. B. 1385 (SUB) - 5 - 26 LC 56 0642S board shall serve as such without compensation but shall receiv e the same expense117 allowance as that received by members of the General Assembly a nd the same mileage118 allowance for the use of a personal car or a travel allowance of actual transportation cost119 if traveling by public carrier as that received by all other state officials and employees.120 (d) The Safety Fire Division of the office of the Commissioner of Insurance shall provide121 reasonable administrative support to the appeals board.122 (e) The appeals board shall be authorized to uphold, modify, a nd reverse in whole or in123 part a local authority's final ruling. The appeals board shall be authorized to overrule a124 local authority's order to cease and desist, stop work, or similar order when such orders are125 found not to have presented an imminent danger to life and safety of the occupants of the126 building or structure in question.127 (f) The Commissioner shall promulgate rules and regulations necessary to implement the128 provisions of this Code section. Reserved."129 SECTION 1-8.130 Said title is further amended in said chapter by revising subse ction (e) of Code131 Section 25-2-12.1, relating to deputizing of local fire marshals, deputy local fire marshals,132 and state inspectors as state officers, as follows:133 "(e) All deputized local fire marshals, deputy local fire marshals, and state inspectors shall134 submit monthly reports of their activities to the state fire marshal and shall comply with the135 administrative and operational procedures of the state fire marshal's office Safety Fire136 Division of the office of the Commissioner of Insurance. The s tate fire marshal or the137 Commissioner's designee shall be authorized to review all actions and documentation of138 deputized personnel at any time to assure compliance with administrative and operational139 procedures. The state fire marshal or the Commissioner's designee shall be authorized to140 reverse, change, mitigate, or assume direction of any action of deputized personnel. Any141 deputized local fire marshal, deputy local fire marshal, or state inspector who is found by142 H. B. 1385 (SUB) - 6 - 26 LC 56 0642S the state fire marshal to be negligent in performing his or her appointed duties or in143 fulfilling his or her responsibilities shall be removed from his or her position as a state144 officer."145 SECTION 1-9.146 Said title is further amended in said chapter by adding a new s ubsection to Code Section147 25-2-14.2, relating to authority of state fire marshal to deny permit or request for certificate148 or to issue stop-work order, to read as follows:149 "(c) The Commissioner or his or her designee shall be authorize d to issue an immediate150 evacuation order of all persons from any building or structure, whether or not building151 construction is complete or such building or structure has been issued a certificate of152 occupancy, when such building or structure or any condition or cause presents an imminent153 life safety hazard of any type. Such order shall remain in effect until the Commissioner or154 his or her designee is satisfied such hazard is fully mitigated."155 SECTION 1-10.156 Said title is further amended in said chapter by revising Code Section 25-2-23, relating to157 issuance of notice to correct unsafe conditions, as follows:158 "25-2-23.159 (a) When any of the officers listed in Code Section 25-2-22 finds any building or other160 structure which, for want of repair or by reason of age or dilapidated condition or any other161 cause is especially liable to fire hazard or which is so situated as to endanger other property162 or the safety of the public, or when, in or around any building or structure, such officer163 finds combustible or explosive matter, inflammables, or other conditions dangerous to the164 safety of the building or structure, notice may be given to the owner or agent and occupant165 of the building or structure to correct such unsafe conditions as may be found.166 H. B. 1385 (SUB) - 7 - 26 LC 56 0642S (b) The Commissioner or his or her designee shall be authorize d to issue an immediate167 evacuation order of all persons from any building or structure, whether or not such building168 or structure has been issued a certificate of occupancy, when such building or structure or169 any condition or cause presents an imminent life safety hazard of any type. Such order170 shall remain in effect until the Commissioner or his or her designee is satisfied such hazard171 is fully mitigated."172 SECTION 1-11.173 Said title is further amended in said chapter by revising Code Section 25-2-24, relating to174 filing of petition for court order compelling compliance with notice, as follows:175 "25-2-24.176 (a) If any owner, agent, or occupant fails to comply with the notice prescribed in provided177 for under subsection (a) of Code Section 25-2-23 within the time specified in the notice,178 the state fire marshal or his or her delegated officials, with the approval of the179 Commissioner, may petition the court for a rule nisi to show cause why an order should not180 be issued by the court that the same be removed or remedied. S uch court order shall181 forthwith be complied with by the owner or occupant of the prem ises or building within182 such time as may be fixed in the court order.183 (b) Any appeal of an order issued by the Commissioner or his or her designee pursuant to184 subsection (b) of Code Section 25-2-23 shall proceed as provide d for under Code185 Section 25-2-10."186 SECTION 1-12.187 Said title is further amended in said chapter by revising Code Section 25-2-26, relating to188 enforcement of Code Sections 25-2-22 through 25-2-25 by court order, as follows:189 H. B. 1385 (SUB) - 8 - 26 LC 56 0642S "25-2-26.190 In accordance with Code Section 25-2-3, the Commissioner shall be authorized to191 implement and enforce the provisions of this title and the rule s and regulations made192 pursuant to this title, except as provided for in Code Section 25-2-12, subject to a petition193 for judicial review to superior court as provided for in Code S ection 25-2-10. C o d e194 Sections 25-2-22 through 25-2-25 shall be construed so that the final authority for ordering195 the carrying out and enforcement of such Code sections shall be by order of the court and196 not by the Commissioner or his delegated authority."197 SECTION 1-13.198 Said title is further amended in said chapter by revising Code Section 25-2-32.1, relating to 199 reports to Safety Fire Division of serious burn injuries, as follows:200 "25-2-32.1.201 (a) Every case of a burn injury or wound where the victim sustain ed second-degree or202 third-degree burns to 5 percent or more of the body or any burns to the upper respiratory203 tract or laryngeal edema due to the inhalation of superheated air, and every case of a burn204 injury or wound which is likely to or may result in death, shall be reported at once to the205 Safety Fire Division of the office of the Commissioner of Insur ance. The Safety Fire206 Division shall accept the report and notify the proper investig atory agency as may be207 appropriate. A written report shall be provided to the Safety Fire Division within 72 hours. 208 The report shall be made by the physician attending or treating the case or by the manager,209 superintendent, or other person in charge whenever such case is treated in a hospital210 sanitarium, institution, or other medical facility.211 (b) All fatalities allegedly resulting from fire or smoke shall be reported immediately to212 the Safety Fire Division by the coroner or medical examiner of the county where such213 fatalities occurred. No coroner or medical examiner shall move or cause to be moved a214 H. B. 1385 (SUB) - 9 - 26 LC 56 0642S decedent's body until authorized by personnel employed or autho rized by the state fire215 marshal or the Commissioner or his or her designee."216 SECTION 1-14.217 Said title is further amended in said chapter by revising Code Section 25-2-38, relating to218 criminal penalties for violations of chapter and rules, regulations, or orders of Commissioner,219 as follows:220 "25-2-38.221 (a) Any person, firm, or corporation violating any provision of this chapter or failing or222 refusing to comply with any regulation promulgated under this chapter shall be guilty of223 a misdemeanor and shall be punished by confinement for not more than 12 months, by a224 fine of not more than $1,000.00 per violation, or both.225 (b) A law enforcement officer shall be authorized to issue a c itation, summons, or226 accusation or to effect a custodial arrest in addition to the issuance of a citation, summons,227 or accusation. The citation, summons, or accusation shall enumerate the specific charges228 against the person and either the date upon which the person is to appear and answer the229 charges or a notation that the person will be later notified of the date upon which the person230 is to appear and answer the charges.231 (c) Any probate court, state court, or other court of competen t jurisdiction shall be232 authorized to hear and adjudicate misdemeanor violations of this title."233 SECTION 1-15.234 Said title is further amended in said chapter by revising parag raph (2) of subsection (f) of235 Code Section 25-2-40, relating to smoke detectors required in new dwellings and dwelling236 units and exceptions, as follows:237 "(2) Any occupant who fails to maintain a smoke detector in a dwelling, dwelling unit,238 or other facility, other than a nursing home, listed in subsection (a) of this Code section239 H. B. 1385 (SUB) - 10 - 26 LC 56 0642S in good working order as required in this Code section shall be subject to a maximum fine240 of $25.00 $100.00 per detector , provided that a warning shall be issued for a first241 violation."242 SECTION 1-16.243 Article 2 of Chapter 9 of Title 15 of the Official Code of Geor gia Annotated, relating to244 jurisdiction, power, and duties regarding probate courts, is amended by adding a new Code245 section to read as follows:246 "15-9-30.10.247 (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other248 jurisdiction vested in the probate courts, such courts shall ha ve the right and power to249 conduct trials, receive pleas of guilty, and impose sentences upon defendants for violating250 any law specified in Title 25 which is punishable as a misdemeanor. Such jurisdiction shall251 be concurrent with other courts having jurisdiction over such violations.252 (b) A probate court shall not have the power to dispose of misdemeanor cases as provided253 in subsection (a) of this Code section unless the defendant waives in writing a trial by jury. 254 If the defendant does not waive a trial by jury, the defendant shall notify the court and, if255 reasonable cause exists, the defendant shall be immediately bou nd over to a court in the256 county having jurisdiction to try the offense wherein a jury may be impaneled."257 PART II258 Buildings and housing259 SECTION 2-1.260 Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is261 amended by revising subsection (a) of Code Section 8-2-135.1, relating to manufacturing and262 monitoring inspection fees, as follows:263 H. B. 1385 (SUB) - 11 - 26 LC 56 0642S "(a) During such time as the Commissioner's office is acting as the primary inspection264 agency pursuant to Section 623 of the National Manufactured Housing Construction and265 Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued266 thereunder, every manufacturer who manufactures manufactured homes in Georgia shall267 pay to the Commissioner a manufacturing inspection fee for each manufactured home268 manufactured in Georgia, irrespective of whether the manufactured home is offered for sale269 in this state. This manufacturing inspection fee shall be $30.00 for each certification label,270 as defined in Section 623 of the National Manufactured Housing Construction and Safety271 Standards Act of 1974, 42 U.S.C. Section 5401, et seq. For any reinspection, a $15.00272 $150.00 additional fee shall be charged."273 PART III274 Effective date and repealer275 SECTION 3-1.276 This Act shall become effective upon its approval by the Governor or upon its becoming law277 without such approval.278 SECTION 3-2.279 All laws and parts of laws in conflict with this Act are repealed.280 H. B. 1385 (SUB) - 12 -