GA - GAC
Rules and Regulations of the State of Georgia
Terms and Conditions of Agreement for Access to Rules and Regulations of the State of Georgia Website

(Note: certain features of this site have been disabled for the general public to prevent digital piracy. If you are an entitled government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A.§ 50-13-7(d) contact the State of Georgia's Administrative Procedures Division at 678-364-3785 to enable these features for your location.)

To access this website, you must agree to the following:

These terms of use are a contract between you and/or your employer (if any), and Fastcase, Inc.

You agree not to use any web crawler, scraper, or other robot or automated program or device to obtain data from the website.

You agree that you will not sell or license anything that you download, print, or copy from this website.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS." THE STATE OF GEORGIA AND LAWRITER EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ARE NOT LIABLE TO ANY PERSON FOR ANY ERRORS IN INACCURACIES CONTAINED IN THIS WEBSITE.

By accessing and/or using this website, you agree to the terms and conditions above. If you do not agree to the terms and conditions above, you must cease accessing and/or using this website and destroy all material obtained from this website without your agreement.

If you accept these terms enter the information below and click “I AGREE”.

Subject 120-3-12 RULES AND REGULATIONS FOR THE STORAGE AND HANDLING OF ANHYDROUS AMMONIA

Rule 120-3-12-.01 Promulgation and Purpose

(1) These Rules and Regulations for the Storage and Handling of Anhydrous Ammonia are promulgated by the Georgia Safety Fire Commissioner in accordance with an Act creating the Office of Georgia Safety Fire Commissioner, Georgia Laws, 1949, p. 1057, as amended.
(2) The purpose of these Rules and Regulations is to prevent loss of life, injury of persons, and loss or damage to property in the handling, use, manufacture, storage, and transportation of anhydrous ammonia. These rules and regulations supersede former rules and regulations promulgated by the Georgia Safety Fire Commissioner pertaining to anhydrous ammonia when such are in conflict with these rules and regulations.

Rule 120-3-12-.02 Administration

(1) It is prohibited for any person to manufacture, sell, store, transport, possess, or use anhydrous ammonia, except in conformance with these rules and regulations.
(2) Requirements for Permit:
(a) It is prohibited for any person to manufacture, sell, store, transport, or store for transportation or sale, anhydrous ammonia in the State of Georgia except by authority of a written permit issued by the State Fire Marshal in conformance with these rules and regulations, provided that no person operating under an Interstate Commerce Commission, Department of Transportation or Georgia Public Service Commission permit, and in accordance with the requirement of those agencies, shall be required to obtain a permit from the State Fire Marshal for transportation or storage for transportation of anhydrous ammonia.
(b) Application for Permit:
1. The applicant for a permit required by these rules and regulations shall, at his own expense, furnish in writing such information as the State Fire Marshal may require concerning the purpose for which the permit is requested.
2. Pursuant to O.C.G.A. Section 25-2-4.1, the application for a permit shall be accompanied by the mandatory permit fee, payable to the Safety Fire Commissioner.
3. Submission of Plans:
(i) Complete plans and specification for all systems involving the storage of over 2,000 water gallons of anhydrous ammonia 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 proposed system and its compliance with this Chapter. One copy 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 by the mandatory plan review fee, payable to the Safety Fire Commissioner. Pursuant to O.C.G.A. Section 25-2-16, 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.
(ii) For all other systems which require a permit but which involve the storage of 2,000 water gallons or less of anhydrous ammonia, a final inspection shall be obtained from the State Fire Marshal before the permit can be issued.
(3) Records:
(a) All persons required by these rules and regulations to obtain a permit shall keep an accurate record of each sale or delivery. Such records shall be in clear, legible writing showing the name and address of purchasers, the quantity purchased, and the location of the operation at which said anhydrous ammonia is to be used, stored or delivered. Such records shall be kept by such person, firm or corporation in its principal place of business in this State. These records shall be subject to examination by the State Fire Marshal and/or his authorized assistants. The State Fire Marshal and/or his authorized assistants may at any time require any person, firm or corporation to produce such records for the current calendar year and the immediate preceding full calendar year.
(4) Miscellaneous Provisions:
(a) It is prohibited for any person to introduce anhydrous ammonia into any container which does not meet the standards of these rules and regulations.
(b) It is prohibited for any person, firm or corporation to sell, deliver or otherwise convey anhydrous ammonia to any person, firm or corporation not equipped to handle or store same in conformance with the requirements of these regulations.
(c) It shall be prohibited for any person, firm or corporation to introduce anhydrous ammonia into a tank or container which has previously contained liquefied petroleum gas without written permission from the State Fire Marshal.
(5) Revocation of Permit:
(a) The State Fire Marshal may revoke a permit or approval issued under the provisions of the law or regulations in the event there has been any false statement or misrepresentation as to material fact in the application upon which the permit or approval was based.
(b) The permit may be revoked for cause after notice and hearing provided in accordance with Rules 120-3-2-.02 of the Rules of the Safety Fire Commissioner; provided, however, that the Safety Fire Commissioner may revoke any license prior to notice and hearing if he determines, upon recommendation of the State Fire Marshal, that the situation involves an imminent peril to the public health, safety, and welfare and that the situation therefore require emergency action. An emergency revocation shall contain reasons and findings for the determination, and shall be accompanied by a notice of opportunity for a hearing, which may provide that a hearing will be held if and only if the aggrieved person requests a hearing within ten (10) days of receipt of the revocation and notice.

Rule 120-3-12-.03 Definitions

The definitions contained in this section are in addition to or in clarification of those contained in the adopted standards.

(1) COMMISSIONER. The Georgia Safety Fire Commissioner.
(2) AUTHORITY HAVING JURISDICTION. The State Fire Marshal of Georgia.
(3) ICC. The Interstate Commerce Commission.
(4) DOT. The United States Department of Transportation.

Note: On April 1, 1967, certain function of the U.S. Interstate Commerce Commission (ICC) were transferred to the U.S. Department of Transportation (DOT). An approval of certification label, marking, tag or other document bearing either marking, ICC or DOT, is acceptable wherever these rules and regulations specify ICC approval.

(5) GPSC. The Georgia Public Service Commission.
(6) PERMIT. An anhydrous ammonia permit is the written authority of the State Fire Marshal, issued pursuant to these rules and regulations, to manufacture, sell, transport, or store for transportation or sale, anhydrous ammonia in the State of Georgia.
(7) PERSON. Any individual, firm, co-partnership, corporation, company, association, joint stock association, and including any trustee, receiver, assignee or personal representative thereof.
(8) BULK STORAGE. Storage of bulk liquids, 4,000 gallons or more received by a tank vessel, pipeline, tank car, or tank vehicle for the purpose of distributing.

Rule 120-3-12-.04 Special Provisions

(1) Reporting of fire or serious accidents:
(a) Every person required by these rules and regulations to have a permit and who suffers a fire or serious accident involving anhydrous ammonia shall make report thereof in writing as soon as possible to the State Fire Marshal. A serious accident shall be interpreted to mean one in which loss of life, hospitalization of persons, or loss or damage to property involving $100.00 or more results from the accident.
(2) Advising appropriate authorities of situations presenting a hazard to the public:
(a) Every person required by these rules and regulations to have a permit and having knowledge of a situation or condition involving anhydrous ammonia which creates a hazard to the public shall advise local authorities immediately and the State Fire Marshal as soon as practicable.
(3) Modification:
(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 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.

Rule 120-3-12-.05 Adoption of Standards for the Storage and Handling of Anhydrous Ammonia

Except to the extent modified herein, the following NFPA Codes and Standards are hereby adopted.

(1) ANSI / CGA G-2.1-2014, American National Standard Safety Requirements for the Storage and Handling of Anhydrous Ammonia

Modifications: None

Rule 120-3-12-.06 Severability

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.

Rule 120-3-12-.07 Forms

The following form is incorporated to implement this Chapter and O.C.G.A. Section 25-2-4.1.

Title Form Number

Anhydrous Ammonia Application SFD 46

NOTE:

1. A copy of the Standards, TFI-M-1-1981, ANSI k61.1-1981, is on file in the Office of the State Fire Marshal and is available for viewing