Subject 120-3-10 RULES AND REGULATIONS FOR EXPLOSIVES AND BLASTING AGENTS
(1) |
These Rules and Regulations for
Explosives and Blasting Agents are promulgated and adopted by the Georgia
Safety Fire Commissioner as contemplated by and pursuant to authority set forth
in O.C.G.A. Sections
25-2-4,
25-2-17, and
25-8-9. The manufacture,
possession, transportation, distribution or use of explosives within the State
of Georgia except as provided in these Rules and as provided in Chapter 7 of
Title 16 of the Official Code of Georgia Annotated is a criminal offense and
violators shall be subject to criminal prosecution and forfeiture of property
as well as administrative penalties as provided in these Rules. |
(2) |
The purpose of these Rules and
Regulations is to prevent the loss of life, injury of persons, and loss or
damage to property in the handling, use, manufacture, storage, and
transportation of explosives and blasting agents. These Rules and Regulations
supersede former Rules and Regulations promulgated by the Georgia Safety Fire
Commissioner pertaining to explosives and blasting agents when such are in
conflict with these Rules and Regulations. |
The definitions contained herein are in addition to or in
clarification of those contained in the adopted standards.
(1) |
"Applicant"is any person representing or
affiliated with the owner of a facility that requires the possession or use of
explosives. |
(2) |
"Authority Having
Jurisdiction"means the State Fire Marshal of Georgia or his/her
designee. |
(3) |
"Blasting
Operation"means the use of explosives in the blasting of stone, rock, ore, or
any other natural formation or in any construction or demolition work, but
shall not include the use of explosives in agricultural operations and private
and personal use of explosives in remote areas for such operations as ditching,
land clearing, destruction of beaver dams and other such operations when not
within a 750 feet of a roadway or inhabited structure. |
(4) |
"Blasting Report"is a report that
includes the requirements of O.C.G.A. Section
25-8-8 and meets the requirements
of 120-3-10-.06. |
(5) |
"Bulk storage"means storage of any
explosive materials or blasting agents. |
(6) |
"Commissioner"means the Georgia Safety
Fire Commissioner. |
(7) |
"Competency
Card"means the picture identification card issued by the State Fire Marshal
establishing an individual's competency in a chosen field of blasting or other
use of explosives. |
(8) |
"DOT"means
the United States Department of Transportation. |
(9) |
"GPSC"means the Georgia Public Service
Commission. |
(10) |
"Individual"means
any person, firm, business, partnership, organization, association,
corporation, or individual. |
(11) |
"License"or "Explosives License"means the written authority of the State Fire
Marshal, issued pursuant to these rules and regulations to manufacture,
possess, store, sell, use, or transport explosives and blasting agents and is
required by any person who manufactures, buys, sells, possess, stores, uses, or
transports explosives. |
(12) |
"Licensed Blaster"is a person who through training and experience is qualified
to supervise blasting activities in a specific field of blasting and possesses
a Level III Competency Card. |
(13) |
"Manufacturing"means mixing, blending, extruding, assembling, disassembling,
chemical synthesis, and other functions involved in making a product or device
that is intended to explode. |
(14) |
"Permit"or "Explosives Permit"means the written authority of the judge of the
probate court or designated elected county official, issued pursuant to these
regulations to purchase for use, and use only, of a designated amount of
explosives. A permit is a single or one-time transaction authorization and may
not be used for repeated purchase or for a location other than that specified
on the permit. |
(15) |
"Responsible
Person"means the individual or individuals, designated on an explosive license
application, that possess, store, or transport explosives and are approved by
the State Fire Marshal's Office to engage, under the direct supervision of an
explosives license holder, in any use of explosives. |
(16) |
"Smokeless Propellant"means the
propellant referred to in NFPA 495 (2018 Edition) as solid propellants,
commonly referred to as smokeless powders, used in small arms ammunition,
cannons, rockets, or propellant-actuated devices. |
(1) |
Requirements
for License or Permit
(a) |
A License issued by
the State Fire Marshal shall be required for the following:
1. |
For the manufacture of any explosives and
blasting agents. |
2. |
To purchase, to
offer for sale, sell, give away or otherwise convey, transport, store, possess,
or use (except as authorized for use under a Permit) any explosives or blasting
agents, including commercial stocks and the commercial use of smokeless
propellant, black powder, and small arms primers. |
3. |
To maintain any facility for unloading,
reloading, or transshipment of explosives or blasting agents. |
|
(b) |
Any individual that is issued
a license pursuant to these Rules and Regulations is not exempt from obtaining
any other license or permit that may be required by other government
agencies. |
(c) |
A Permit issued by
the judge of the probate court or designated county official shall be valid
under the following conditions:
1. |
A Permit
shall be valid only for personal use and shall not be issued to individuals to
conduct commercial blasting or blasting for profit. Commercial blasting or
blasting for profit activities requires a license issued by the State Fire
Marshal's Office. |
2. |
A Permit shall
be valid only for a single transaction and shall only be used in the county
where the permit is issued. |
3. |
A
Permit shall be valid only for a single transaction and does not authorize
storage or transportation. All explosives listed on the Permit must be
purchased at one time and used on the day of purchase or returned to the vendor
the same day. |
4. |
Explosives
purchased under a Permit shall be transported only by an explosives license
holder authorized for the transportation of explosives. |
|
(d) |
The following shall be exempt from
License or Permit requirements:
1. |
Any person
may purchase without license or permit and keep on hand for their personal use
smokeless propellant powder and small arms primers for hand loading small arms
ammunition. |
2. |
All persons or
entities moving explosives and blasting agents under the jurisdiction of the
Federal Department of Transportation. |
3. |
All members and organizations of the armed
forces of the United States or of this state or any of the several states and
personnel assigned or attached to such agencies when acting in an official
capacity. |
4. |
All law enforcement,
fire services and emergency management and regulatory agencies of this State,
the United States or any of several states and personnel assigned or attached
to such agencies when acting in their official capacity. |
5. |
All persons or entities using explosive
materials in medicines and medicinal agents in forms prescribed by the most
recent edition of the official United States Pharmacopoeia or the National
Formulary. |
6. |
Any individual, who
is otherwise authorized to possess explosives pursuant to Article 4 of Chapter
7 of Title 16 of the Official Code of Georgia Annotated, may transport
explosives within the State of Georgia without license or permit required by
these Rules provided that the point of origin of the shipment was outside the
State of Georgia and the transportation of such explosives is in compliance
with the regulations governing the transportation of explosives issued by the
United State Department of Transportation. |
7. |
Any individual, who is otherwise
authorized to possess explosives pursuant to Article 4 of Chapter 7 of Title 16
of the Official Code of Georgia Annotated, may purchase and possess for
sporting, recreational or cultural purposes:
(i) |
Not more than 50 pounds of commercially
manufactured black powder, |
(ii) |
Percussion caps, safety and pyrotechnic fuses, quills and slow matches, or
friction primers. |
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(2) |
License and permit fees:
(a) |
License fees and Permit fees shall be in
accordance with Chapter 2 of Title 25 of the Official Code of Georgia
annotated, Section
25-2-4.1, and shall be attached to
the application and made payable to the Commissioner. |
|
(3) |
Application for License, Competency
Certificate or Permit:
(a) |
Application for
License:
1. |
The applicant for a license
shall, at his or her own expense, furnish the State Fire Marshal with such
information as the State Fire Marshal may require. |
2. |
Any Applicant requesting a license shall
make application in an approved format to the State Fire Marshal. The Applicant
will designate the Responsible Persons in the application. |
3. |
An application to transport, or which
includes transportation of explosives and blasting agents, shall be accompanied
by an affidavit that the vehicles to be used to transport have been inspected
by a qualified person and found to be in safe condition and in compliance with
these regulations. Such inspection may be performed by a certified mechanic, an
automotive repair or service garage or similarly recognized inspection
stations. |
4. |
An application for
license for all permanent explosives storage facilities having quantities
exceeding 500 pounds shall be accompanied by complete plans and specifications.
Plans and specifications shall be submitted in duplicate to and receive
approval by the State Fire Marshal before installation is started. Such plans
shall be drawn to scale and be of sufficient detail and clarity as necessary to
indicate the nature and character of the proposal and its compliance with this
Chapter. One set of the plans shall be retained by the State Fire Marshal and
one copy shall be returned to the applicant with the approval or disapproval
indicated thereon. A copy of the approved plans shall be kept available at the
construction site for inspection by authorized representatives of the State
Fire Marshal. Pursuant to O.C.G.A. Section
25-2-4.1, the plans shall be
accompanied with the mandatory plan review fee payable to the Commissioner. The
plans shall bear the seal and Georgia registration number of the drafting
architect or engineer or shall otherwise have the approval of the Safety Fire
Commissioner or his designee. |
5. |
An
applicant for a license or for designation as a Responsible Person shall be
subject to the following conditions:
(i) |
Shall
be subject to a criminal records check. |
(ii) |
Shall not have been convicted of a
felony. |
(iii) |
The Responsible
Person shall submit a negative drug screen. |
|
6. |
An applicant for a license or for
designation as a Responsible Person must be 21 years of age and shall not be
addicted to the use of, have a history of, or be under the influence of
intoxicants, narcotics, controlled substances or other dangerous
drugs. |
7. |
Responsible Persons shall
provide information to indicate that they have training experience and/or a
working knowledge of the safe use of explosives. |
8. |
All applicants for a license or for
designation as Responsible Persons shall certify that they are familiar with
Chapter 120-3-10 of the Commissioner's Rules and Regulations and NFPA
495. |
9. |
All Applicants for a
license shall provide documentation of explosives licenses issued by federal
authorities, such as the Bureau of Alcohol, Tobacco and Firearms, or by other
states. |
10. |
All Applicants for a
license shall list on the application the field(s) of blasting or other use of
explosives in which the licensee is to engage. All commercial explosive
licenses to use explosives will be issued by the Commissioner in the following
specified field(s):
(iii) |
Underground
Mining. |
|
11. |
All
Responsible Persons shall submit to the Commissioner a notarized certification
denoting the specific explosive/blasting field in which he or she has
successfully been trained or certified. |
12. |
All Responsible Persons shall obtain, and
subsequently retain, a "Competency Card"issued by the Commissioner. The
"Competency Card"issued by the Commissioner shall clearly state the blasting
field or fields in which the licensee for Responsible Person has been licensed
or approved to perform. There will be four levels of certification recognized
by the State Fire Marshal's Office.
(i) |
Level
I - Entry level that includes laborers and Bulk Truck Drivers requiring
background check and drug testing. |
(ii) |
Level II - Meet Level I requirements and
completion of approved curricula. |
(iii) |
Level III - Meet Level II requirements
and three years experience in a specific field of blasting. |
(iv) |
Special Effects - Requires that the
applicant provide evidence of actual experience in the safe handling and use of
explosives for the purpose of creating audible and visual effects for the
entertainment industry. This level shall not authorize the use of explosives,
fireworks, or pyrotechnics before a proximate audience or within any building
or structure. The use of any explosives, fireworks, or pyrotechnics before a
proximate audience or within any building or structure requires a license
issued pursuant to Rules and Regulations of the Safety Fire Commissioner,
Chapter 120-3-22. |
(v) |
The
Commissioner will recognize the following curricula, and other equivalent
program(s) approved by the Commissioner as minimum requirements for competency
training:
(I) |
I.S.E.E. Level 1, Blasting
Fundamentals, which should include all Federal, State and local
regulations, |
(II) |
the Surface
Blaster Competency Study Course approved by the Georgia Construction Aggregate
Association, |
(III) |
the
Certification program developed by the Dimensional Stone Industry or, |
(IV) |
other programs approved by the
Commissioner or his/her designee. |
(V) |
Any individual possessing a Level III
Competency Certification will be required to take continuing education courses
approved by the Commissioner and shall take no less than eight (8) hours every
two (2) years. |
(VI) |
Exception to
Certification: Applicants for permits to use explosives in agricultural
operations and private and personal use of explosives in remote areas for such
operations as ditching, land clearing, destruction of beaver dams and other
such operations that is not within 750 feet of an occupied structure or
roadway. |
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13. |
Every Responsible Person must be able to produce a "Competency Card"upon demand
of the Commissioner or his or her representative or by any local authority
having jurisdiction over blasting activities.
(i) |
All applications for licensure for
designation as a Responsible Person submitted by an applicant shall include in
the application, and the annual renewal application, the full name, date of
birth, social security number, and address of the applicant or Responsible
Person, photo and address of the applicant, including a one (1) inch horizontal
by one and one fourth (11/4) inch vertical photograph with the licensee's or
Responsible Person's signature below the photograph. The name of the licensee
employing the Responsible Person and employer's business name shall be shown on
the application. The application shall indicate such additional information as
may be required by the Commissioner or by these rules and regulations.
Photographs shall be required and submitted every four years thereafter
following the initial date or update of the issuance of a "Competency
Card". |
(ii) |
Those exemptions as are
established in Chapter 120-3-10 of the Rules of the Safety Fire Commissioner
and Chapter 7 of Title 16 of the Official Code of Georgia Annotated shall
apply. |
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(b) |
Fire
Marshal's action on application for License:
1. |
Upon receipt of an application for license
and before the license is issued, the State Fire Marshal may make, or cause to
be made, an investigation for the purpose of ascertaining if all requirements
of these rules and regulations have been met by the applicant. |
2. |
If the results of the investigation of the
State Fire Marshal are found to be in conformity with the requirements of these
rules and regulations, the State Fire Marshal shall issue the license upon the
payment of the proper fee therefore. |
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(c) |
Posting or Availability of License or
Permit:
1. |
Any license or permit issued shall
be posted in a location so that the State Fire Marshal, his representatives and
inspectors, or any other authorized person may examine it. Such posting may be
in the storage facilities, office area and storage magazines. A license issued
to a person without fixed storage facilities shall be available at the
operation location. |
2. |
A copy of a
license issued pursuant to these Rules that authorizes an individual to
transport explosives shall be in the possession of the driver of the
vehicle. |
3. |
Any facility that is
licensed or permitted pursuant to these Rules is subject to inspection by the
State Fire Marshal's Office or their representatives, or any law enforcement or
fire service official at any time. |
4. |
A Photostat or mechanically reproduced
copy of any license or permit may be used for these purposes. |
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(d) |
Presenting Evidence of License
or Permit:
1. |
The license or permit issued
shall be presented to vendors or other persons selling or otherwise conveying
explosives and blasting agents to the license or permit holder. A Photostat or
mechanically reproduced copy of the license may be used for this
purpose. |
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(e) |
Application
for Permit:
1. |
The applicant for a permit to
purchase for use and use only explosives or blasting agents shall make
application to the judge of the probate court or designated elected county
official in writing on a form provided by the judge of the probate court or
designated elected county official or its equivalent. Full identification of
the applicant shall be made to the official to whom application is made and
shall be subject to the following:
(i) |
The
applicant shall be subject to a criminal records check. |
(ii) |
The applicant shall not have been
convicted of a felony. |
(iii) |
The
applicant shall certify that he or she has a working knowledge of the safe use
of explosives and is familiar with the Rules and Regulations of the
Commissioner Chapter 120-3-10 and NFPA 495. |
(iv) |
The applicant shall certify that the
permit will not be used by individuals who conduct commercial blasting or
blasting for profit. |
(v) |
The
applicant shall be at least 21 years of age and shall not be addicted to the
use of or under the influence of intoxicants, narcotics, controlled substances
or other dangerous drugs. |
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(f) |
Judge of the Probate Court or Designated
Elected County Official's action on application for Permit:
1. |
Upon receipt of a duly executed
application for a permit to purchase for use, and use only, the judge of the
probate court or designated elected county official shall ascertain to his or
her satisfaction that the applicant is the true party named in the application,
and if satisfied, he or she may grant and issue the permit. Permits will be
issued in quintuplicate, one copy for the issuing officer's files, three copies
to the applicant including the original, and one copy for forwarding to the
State Fire Marshal. The judge of the probate court or designated elected county
official may withhold a permit from any individual when he or she deems issuing
such a permit not in the best interest of public safety or security. |
2. |
Explosives and blasting agents are to be
used only in the county that the permit is issued. |
3. |
This permit does not authorize storage or
transportation. |
4. |
No later than
the 10th of each month, the judge of the probate court or designated elected
county official will provide the State Fire Marshal's Office documentation of
all permits that were issued and returned during the previous month. |
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(4) |
Records:
(a) |
All persons required by these rules and
regulations to obtain a license from the State Fire Marshal shall keep an
accurate record of all explosives and blasting agents purchased, received,
sold, delivered, on hand, used, or otherwise disposed of. Records shall be
clear and legible. Records shall be maintained for a minimum period of three
years as follows:
1. |
For distributors,
dealers, persons giving away or otherwise conveying explosives and blasting
agents, including salesmen where delivery is direct from out of the State and
no other record of such a sale is maintained in Georgia, the records shall
include at least the following:
(i) |
The date
of sale or transaction. |
(ii) |
The
name of person purchasing and/or receiving explosives and blasting
agents. |
(iii) |
The license or permit
number of the person purchasing or receiving explosives and blasting agents,
unless the recipient is exempt from requiring a license or permit, in which
case the person must be clearly identified by name and agency to show exempt
status and the record or sales slip shall be signed by that person. |
(iv) |
The quantity and description of
explosives and blasting agents sold or otherwise disposed of. |
(v) |
The location of the operation where
explosives and blasting agents are to be stored, used, delivered to, or
otherwise disposed of. |
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2. |
For users and other persons possessing and/or storing explosives and blasting
agents, the records shall include at least the following:
(i) |
The date of receipt of explosives and
blasting agents. |
(ii) |
The quantity
and description of explosives and blasting agents received. |
(iii) |
The date of use or other disposal of
explosives and blasting agents and quantity used or disposed of. |
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(b) |
Handling of
Explosives Permits:
1. |
Any person who sells,
gives away, delivers, or otherwise disposes of or conveys explosives and
blasting agents to another person who presents a valid explosives permit shall
withdraw two (2) copies of the permit, the original and vendor's copies, at the
time of the sale or transaction. The vendor's copy shall be retained by the
person selling or disposing of the explosives and blasting agents and the
original shall be forwarded to the State Fire Marshal. |
2. |
The person using an explosives permit
shall retain the purchaser's copy of the permit which serves as the
authorization for him to have the described explosives in his
possession. |
3. |
Within one working
day or 24 hours, whichever comes first, of expiration of the one-time use
permit, the individual issued the permit will return all unused explosives to
the vendor and the expired permit to the issuing judge of the probate court or
designated elected county official. |
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(5) |
The Insurance Commissioner may appoint a
Blasting Advisory Committee whose role shall be only to be available to the
Commissioner to advise on rule changes, review and issue best practices and
safety bulletins and provide advice as deemed appropriate by the Commissioner
or their designated liaison to the Committee. The Committee shall meet as
determined by the Commissioner but no less than twice per year. The Committee
will consist of 8 members; four will serve an initial term of 2 years and four
will serve 3 years. The Commissioner shall initially appoint a Chairperson to
serve a two year term thereafter the Committee shall elect the Chair in January
of each alternate year. The membership of the Committee shall include no less
than 1 representative from the aggregate mining industry, 1 representative from
the utility contractors industry, 1 representative from the explosives
industry, 1 representative from the drilling and blasting industry, 1
representative from the vibration analysis industry, 1 representative from law
enforcement, 1 representative of the State Fire Marshal, and 1 representative
to be selected from a related industry. The duties of the Committee may
include;
(a) |
A review of incidents involving
injury to persons or property damage due to handling, use, manufacture,
storage, or transportation of explosives and blasting agents. |
(b) |
Communication on issues dealing with best
industry practices related to the handling, use, manufacture, storage or
transportation of explosives and blasting agents. |
(c) |
Peer review of complaints related to the
use, handling, manufacture, storage, or transportation of explosives and
blasting agents. |
(d) |
Peer review of
proposed revisions, additions, deletions, or changes to the Georgia Law and/or
Rules and Regulations dealing with the use, handling, storage or transportation
of explosives and blasting agents; and |
(e) |
Any issue as deemed appropriate by the
Insurance Commissioner's Office. |
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(1) |
Any license, or competency certificate
may be refused or a license or competency certificate duly issued may be
suspended or revoked, if the Commissioner finds that the applicant for or the
holder of the license or competency certificate:
(a) |
Has violated any provision of Chapter 8
of Title 25 of the Official Code of Georgia Annotated, or any other law or
regulation of this state, or any federal law or regulation relating to the
manufacture, purchase, use, handling, storage, sale or transportation of
explosives or blasting agents; |
(b) |
Has intentionally misrepresented or concealed any material fact in any
application for a license, competency certificate or on any form filed with or
submitted to the Commissioner or the State Fire Marshal; |
(c) |
Has permitted any person employed by the
license or competency certificate applicant or holder, either by direct
instruction or by reasonable implication, to violate any provision of Chapter 8
of Title 25 of the Official Code of Georgia Annotated; |
(d) |
Has failed to comply with or has violated
any order issued by the Commissioner; |
(e) |
Has shown a lack of trustworthiness or a
lack of competence to act as a licensee or competency certificate holder under
Chapter 8 of Title 25 of the Official Code of Georgia Annotated; |
(f) |
Has failed to provide documentation or
records, or refused to appear in response to any Order entered by the
Commissioner or any written demand by the Commissioner, State Fire Marshal or
his or her designated representative sent by registered or certified mail or
statutory overnight delivery to the last known address of the applicant or
holder of a license as shown in the records of the State Fire
Marshal; |
(g) |
Has been convicted of
a felony, or has an officer, director or owner of the applicant for, or holder
of, such license or competency certificate who has been convicted of a felony
by a final judgment in any jurisdiction of the United States or in any federal
court; |
(h) |
Has had a license,
competency certificate or other authority to engage in the manufacture, sale,
storage, use or transportation of explosives or blasting agents, refused,
revoked, suspended or otherwise disciplined, by any lawful licensing authority
of any other jurisdiction or by the United States; or, |
(i) |
Has experienced any event or occurrence
involving the manufacture, sale, storage, use or transportation of explosives
or blasting agents, resulting in unintended loss or damage to property or
resulting in severe bodily injury or loss of life. |
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(2) |
A license or competency certificate which
is subject to refusal, suspension or revocation may be issued or placed on
probation for a period of not less than three months and not longer than 12
months and shall be subject to immediate revocation for cause at any time
without a hearing. Any order of probation shall prescribe the terms of
probation. |
(3) |
The Commissioner may
impose a monetary fine of up to $1,000.00 against the holder of a license or a
competency certificate for each and every violation of a provision of Chapter 8
of Title 25 of the Official Code of Georgia Annotated, any of these rules or
regulations or any order of the Commissioner. |
(4) |
Any order entered by the Commissioner
regarding the refusal, suspension, revocation, or the issuance or placing on
probation of any license or competency certificate applicant or holder, or
imposing a monetary fine, and any hearing which may result from the same, shall
conform insofar as possible to the following:
(a) |
Any order of the Commissioner refusing,
suspending or revoking a license or competency certificate to any applicant or
holder, or issuing or placing any license or competency certificate on
probation, shall be issued in writing and be signed by the Commissioner and
shall state its effective date, shall state concisely its intent and purpose,
the grounds on which it is based and the provisions of Title 25 of the Official
Code of Georgia Annotated or any rule or regulation of the Commissioner upon
which it is to be taken; |
(b) |
Any
order or notice may be served by delivery to the license or competency
certificate holder or applicant by delivery in person or by mailing it, postage
prepaid, by registered or certified mail or statutory overnight delivery to the
principal place of business or the last known address of the applicant for or
holder of a license or competency certificate as shown in the records of the
State Fire Marshal; |
(c) |
Any person
aggrieved by any order of the Commissioner refusing, suspending or revoking a
license or competency certificate for any applicant or holder, or issuing or
placing any license or competency certificate on probation, or imposing a
monetary fine, may make a written demand for a hearing if made within ten days
of the date of its receipt; |
(d) |
Any
demand for a hearing shall specify in what respects the person requesting the
same is aggrieved and the grounds to be relied upon as a basis for the relief
to be demanded at the hearing. Unless postponed by mutual consent or by request
and for good cause shown, the hearing shall be held within 30 days after
receipt by the Commissioner for such hearing; |
(e) |
Pending the hearing and decision
following the hearing, the Commissioner may suspend or postpone the effective
date of his or her previous action; |
(f) |
The hearing shall be held at the place
designated by the Commissioner and shall be open to the public. Not less than
ten days in advance, the Commissioner shall give notice of the time and place
of the hearing; |
(g) |
The
Commissioner shall allow any party to the hearing to appear in person or by
counsel, to be present during the giving of all evidence, to examine witnesses,
to present evidence in support of their own interest and to have subpoenas
issued by the Commissioner; |
(h) |
Formal rules of pleading or evidence need not be observed at any
hearing; |
(i) |
Upon written request
seasonably made by any party to the hearing, and at their expense, the
Commissioner shall cause a full record of the proceedings to be made. If
transcribed a copy of such record shall be furnished to the Commissioner
without cost to the Commissioner or the state and shall be a part of the
Commissioner's record of the hearing; |
(j) |
Within 30 days after termination of the
hearing or the transcription and furnishing of a copy of the record of such
hearing to the Commissioner, if a record is requested, the Commissioner shall
make his or her order thereon covering matters involved in the hearing and
shall provide a copy of the order to those persons given notice of the
hearing; |
(k) |
The order shall
contain a concise statement of the facts as found by the Commissioner, a
concise statement of his or her conclusions therefrom, and the effective date
of the order, which may affirm, modify or nullify the action theretofore taken;
and, |
(l) |
Any party to the hearing
may appeal any order of the Commissioner as provided for by the provisions of
Section 25-2-10 of the Official Code of
Georgia Annotated. |
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(1) |
Any person who by license or permit is
authorized to manufacture, sell, possess, transport, distribute or use
explosives shall report any incident of larceny, fires, accidental explosions
and accidents involving explosives and blasting agents as follows:
(a) |
Within 24 hours of discovering the loss
of any explosives or evidence that there has been an attempted theft of any
explosives, notify the State Fire Marshal's Office and the nearest regional
office of the Georgia Bureau of Investigation (GBI) and the local law
enforcement agency having jurisdiction over the location where the loss or
attempted theft occurred. The GBI shall also notify the State Fire Marshal's
Office of the loss or attempted theft through the GCIC system. |
(b) |
In the event of a fire, accidental
detonation or other accident involving explosives, immediately notify the
officer in charge of the responding local fire services and emergency personnel
of the type, quantity and characteristics of explosives involved and of any
special precautions or measures which must be taken to protect life or
property. As soon as the incident is under control but no later than the next
business day after the incident, notify the State Fire Marshal's Office in
writing of the facts and circumstances of the incident. |
(c) |
In the event of a Fly Rock incident that
includes any materials leaving the designated blast site, the State Fire
Marshal's Office shall be notified of the event and the circumstances connected
to the event within 4 hours of the event. NFPA 495 (2018 Edition), Chapter 11.4
Fly Rock shall be the governing guideline for this requirement. |
|
(2) |
Modification of Requirements:
(a) |
Upon receipt of a sworn affidavit from
the owner stating all relevant facts and circumstances and such other
information as may be required, the State Fire Marshal may recommend to the
Commissioner that specific requirements of this Chapter and the NFPA codes,
standards and recommended practices adopted herein, be modified to allow
alternative arrangements that will secure as nearly equivalent measures as are
practical for the prevention of injury to persons and property. The
Commissioner in his discretion may accept the State Fire Marshal's
recommendation and grant the requested modification. |
|
(3) |
Criminal Penalty for Violations:
(a) |
Any person who manufactures, sells,
possesses, transports, distributes, or uses an explosive except as provided in
Chapter 7 of Title 16 and Chapters 2 and 8 of Title 25 of the Official Code of
Georgia Annotated shall be subject to criminal prosecution as provided by
law. |
(b) |
Any person or entity that
is issued a license or permit pursuant to these Rules that violates any
provision of these Rules shall be subject to the administrative penalties
prescribed by law. |
|
(4) |
Persons authorized to buy, sell, otherwise convey, possess, handle, use or
transport explosives and blasting agents:
(a) |
No person under the age of 21 years old shall be authorized to buy, sell,
otherwise convey, possess, store, use, or transport explosives and blasting
agents, except for an active duty member of the armed forces of the United
States or of this state or any of the several states and personnel assigned or
attached to such agencies when acting in an official capacity. |
|
Unless otherwise stated in this chapter, the following
editions of the codes, standards, recommended practices, guides and methods, as
published in the National Fire Codes (NFC) by
the National Fire Protection Association (NFPA), as adopted and modified
herein, and sections of the International Fire Code
(IFC), as published by the International Code Council (ICC),
as adopted and modified herein, shall be the state minimum fire safety
standards for the manufacture, storage, transportation, handling and use of
explosives and blasting agents.
(1) |
NFPA 495, 2018 Edition, Explosives Materials Code
Modifications:
(a) |
Modifications to Chapter
3:
1. |
Delete subsection 3.2.2 in its entirety
and substitute in its place the following:
"3.2.2 Authority Having Jurisdiction. The State Fire Marshal
of Georgia or his/her designee."
|
|
(b) |
Modification to Chapter 4:
1. |
Delete section 4.2 in its
entirety |
2. |
Delete section 4.3 in
its entirety |
3. |
Delete section 4.4
in its entirety |
4. |
Delete section
4.5 in its entirety |
5. |
Delete
section 4.6 it its entirety |
|
(c) |
Modification to Chapter 11:
1. |
Add a new subsection 11.2.4 to read as
follows:
"11.2.4 The velocity/shock wave of any blast shall not exceed
2"PPV at 40Hz or greater. At lower frequencies use the established limits in
the vibration criteria as presented in the U.S. Bureau of Mined RI
8507."
|
2. |
Add a new
subsection 11.3.3 to read as follows:
"11.3.3 The air blast criterion as presented in the US Bureau
of Mines RI 8485 defines limits on air overpressure resulting from blasting
activities and establishes 140dbl as an acceptable level for compliance related
to damage to structures."
|
|
|
(2) |
NFPA 498, (2018 Edition), Safe
Havens and Interchange Lots for Vehicles Transporting Explosives Modifications: None
|
(3) |
IFC (2018 Edition), International
Fire Code Modifications:
(a) |
Modifications to Chapter 56:
1. |
Delete
sections 5601 through 5607 and all related paragraphs there under in their
entirety and substitute in their place the following:
"5601 Explosives and blasting. The provisions of Chapter
120-3-10 Rules and Regulations of the Safety Fire Commissioner entitled, 'Rules
and Regulations for Explosives and Blasting Agents' shall govern the
possession, manufacture, storage, handling, sale and use of explosives,
explosive materials and small arms ammunitions."
|
|
|
(1) |
A Blasting Report consisting of a
pre-blast report, drilling log and a post-blast record will be required on all
blasting events. Individual company forms may be acceptable when approved by
the State Fire Marshal's Office and must provide the information required by
O.C.G.A. Section
25-8-8. |
(2) |
The licensed blaster must note on the
pre-blast report the proximity to the closest structure or roadway and the
distance to the nearest seismograph, when required, |
(3) |
The pre-blast report must contain
documentation of the following information:
(a) |
Company, Company License Number, Date,
and Location; |
(b) |
Describe Nearest
Structure including Distance and Direction from Shot; |
(c) |
Type of Shot with Minimum Planned Scaled
Distance or Regression Data; |
(d) |
Max and Min Borehole depth, Borehole diameter, and Max Charge Weight at Closest
Distance; |
(e) |
Products, Type of
Rock, Pattern with Burden and Spacing, and Powder Factor; |
(f) |
Stemming feet, Stemming Type, and
Stemming Length Ratio Relative to Burden; |
(g) |
Cover/Existing Overburden with Amount and
Type, and Direction to Open Face; |
(h) |
Date of Bulk Explosive Truck Calibration
(if used); and |
(i) |
Conditions with
high fly rock potential, including but not limited to over confined shots, lift
shots, outfall/wet conditions, spacing and burden exceeding the depth of any
borehole in shot, and/or hole deviation. Document measures taken to compensate
for high fly rock potential. |
|
(4) |
A drill log shall be maintained on all
blasting events to allow the blaster to take the appropriate action if an
anomaly occurs. The licensed blaster must have this drill log available before
the loading process begins. |
(5) |
Stemming material shall consist of properly sized crushed stone. When adequate
stemming length is not possible, matting of either earthen cover or a man-made
material like synthetic rubber to insure proper confinement is
required. |
(6) |
A seismograph shall
be used at the nearest structure during blasting events that are within 750
feet of the nearest house, public building, school, church, commercial or
institutional building and roadway. The velocity/shock wave shall not exceed
the established limits of U.S. Bureau of Mines RI 8507; appendix (b).
Exception: Where all pedestrian and vehicular traffic on a
roadway can be restricted to a distance of 750 feet or greater from the blast
site at the time of the firing of the blast or where a variance is issued by
the State Fire Marshal's Office.
|
(7) |
Seismographs will be calibrated by
manufacturer certified technician at least of one time per year. |
(8) |
Bulk metering equipment will be
calibrated by a qualified individual on a quarterly basis. |
(9) |
A signed copy of a blast report for all
blasts shall be retained by the blasting firm for a period of three (3) years.
Upon request, a copy of the report shall be sent to the State Fire Marshal's
Office. |
(10) |
When blasting
activities are conducted within 750 feet of an occupied structure or roadway,
charge length shall be held to a maximum of 20 feet per deck and hole size will
be limited to a maximum of 4 inches. In addition, there shall be a minimum of 6
foot of earthen cover or a man-made synthetic matting material. All facilities
with a valid mining permit issued by the Georgia EPD, Land Branch Division,
will be exempt from these requirements. |
Unless otherwise stated in this chapter, the following
editions of the codes, standards, recommended practices, guides and methods, as
published in the National Fire Codes (NFC) by
the National Fire Protection Association (NFPA), as adopted and modified herein
shall be the state minimum fire safety standards for the storage, handling and
use of solid or liquid ammonium nitrate.
(1) |
NFPA 400, (2019 Edition),
Hazardous Materials Code Modifications: None
|
(1) |
Unless
otherwise indicated, and to the extent provided, each filing required under
this Regulation Chapter is to be made on forms or electronic format obtained
from the Safety Fire Division. |
(2) |
Forms may be reproduced and may be altered to accommodate manual or automated
processing provided the same information is presented in the same order as in
the forms or electronic format obtained from the Safety Fire
Division. |
(3) |
Any form filed
electronically requiring a signature shall contain the electronic signature of
the person filing the form, as defined in O.C.G.A. Section
10-12-3. |
(4) |
The Safety Fire Division may approve a
method or methods of electronic filing. |
(1) |
The NFPA codes
and standards adopted in this Chapter are on file in the Safety Fire Division
and are available for viewing. |
(2) |
Copies of the NFPA codes and standards may be obtained from:
National Fire Protection Association
Batterymarch Park
Quincy, Massachusetts 02269
Phone: 1-800-344-3555
|
If any rule or portion thereof contained in this Chapter is
held invalid by a court of competent jurisdiction, the remainder of the rules
herein and the applicability of such provisions to other circumstances shall
not be affected thereby.
If you are an individual with a disability and wish to
acquire this publication in an alternative format, please contact the ADA
Coordinator, Safety Fire Division, Office of Commissioner of Insurance, No. 2
Martin Luther King, Jr. Drive, Atlanta, Georgia 30334 or call (404) 656-2056,
TDD (404) 656-4031.