24 LC 57 0024S (SCS)
Senate Bill 417
By: Senators Albers of the 56th, Robertson of the 29th, Burns of the 23rd, Hufstetler of the
52nd, Still of the 48th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 8-2-106 of the Official Code of Georgia Annotated, relating to
1
reporting of accidents relative to elevators, dumbwaiters, escalators, manlifts, and moving2
walks and removal from service of such equipment involved in accident, so as to provide for3
timing and documentation for such reports; to amend Title 16 of the Official Code of Georgia4
Annotated, relating to crimes and offenses, so as to revise the offense of criminal damage to5
property in the second degree; to provide for a criminal offense for ignition of fireworks near6
an emergency medical technician, firefighter, or law enforcement officer for purposes of7
hindering the official duties thereof or causing injury thereto; to provide for punishment; to8
provide for definitions; to amend Title 25 of the Official Code of Georgia Annotated, relating9
to fire protection and safety, so as to prohibit the use of fireworks to cause injury or property10
damage; to revise licensing requirements and penalties relative to the display of fireworks11
and pyrotechnics and the sale of fireworks; to require a license for the use of certain special12
effects in production of a motion picture or television production; to revise provisions13
relative to the prohibition on the release of certain fire-propelled devices; to provide for14
penalties; to revise inspection and certification requirements relative to boilers and pressure15
vessels; to revise and provide for definitions; to amend Chapter 22 of Title 45 of the Official16
Code of Georgia Annotated, relating to public employee hazardous chemical protection and17
right to know, so as to allow for the dissemination of certain information relative to18
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hazardous chemicals in written or electronic format; to provide for penalties; to provide for
19
definitions; to provide for conforming changes; to provide for related matters; to repeal20
conflicting laws; and for other purposes.21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:22
SECTION 1.23
Code Section 8-2-106 of the Official Code of Georgia Annotated, relating to reporting of24
accidents relative to elevators, dumbwaiters, escalators, manlifts, and moving walks and25
removal from service of such equipment involved in accident, is amended by revising26
subsections (a) and (b) as follows:27
"(a) The owner or lessee shall report, by telephone, to the enforcement authority on the28
same day or by noon on the next work day, excluding state holidays and weekends, all29
elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving30
personal injury or death. The owner or lessee shall also provide a written report of this
31
accident within seven days file a report with all documentation of this accident by the end32
of the next business day.33
(b) The owner or lessee shall report, in writing, to the enforcement authority within seven34
days by the end of the next business day, excluding state holidays and weekends, all35
elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving36
structural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter."37
SECTION 2.38
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is39
amended by revising Code Section 16-7-23, relating to criminal damage to property in the40
second degree, as follows:41
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"16-7-23.
42
(a) A person commits the offense of criminal damage to property in the second degree43
when he or she
:44
(1) Intentionally damages any property of another person without his or her consent and45
the damage thereto exceeds $500.00; or46
(2) Recklessly or intentionally, by means of fire, or explosive, or fireworks damages47
property of another person.48
(b) A person convicted of the offense of criminal damage to property in the second degree49
shall be punished by imprisonment for not less than one nor more than five years."50
SECTION 3.51
Said title is further amended by adding a new Code section to read as follows:52
"16-10-35.53
(a) As used in this Code section, the term:54
(1) 'Emergency medical technician' shall have the same meaning as set forth in Code55
Section 16-10-24.2.56
(2) 'Firefighter' shall have the same meaning as set forth in Code Section 16-10-24.1.57
(3) 'Firework' means any combustible or explosive composition or any substance or58
combination of substances or article the possession of which is regulated by Chapter 1059
of Title 25.60
(4) 'Law enforcement officer' means any person certified by the Georgia Peace Officer61
Standards and Training Council as having successfully completed the course of training62
required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'63
(b) It shall be unlawful for any person to knowingly and intentionally ignite a firework64
when such firework or component thereof explodes or detonates within 150 feet of or65
causes injury or harm to an emergency medical technician, firefighter, or law enforcement66
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officer for the purpose of hindering or disrupting such emergency medical technician,67
firefighter, or law enforcement officer during the lawful discharge of his or her duties.68
(c) Any person who violates subsection (b) of this Code section shall be guilty of a high69
and aggravated misdemeanor."70
SECTION 4.71
Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is72
amended in Code Section 25-10-1, relating to definitions relative to regulation of fireworks,73
by revising subsection (a) as follows:74
"(a) As used in this chapter, the term:75
(1) 'Consumer fireworks' means any small fireworks devices containing restricted76
amounts of pyrotechnic composition, designed primarily to produce visible or audible77
effects by combustion, that comply with the construction, chemical composition, and78
labeling regulations of the United States Consumer Product Safety Commission as79
provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the80
United States Department of Transportation as provided for in Part 172 of Title 49 of the81
Code of Federal Regulations, and the American Pyrotechnics Association as provided for82
in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall83
mean Roman candles.84
(2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for85
by NFPA 1124; provided, however, that such term shall not include a tent, canopy, or86
membrane structure.87
(3) 'Consumer fireworks retail sales stand' shall have the same meaning as provided for88
by NFPA 1124.89
(4) 'Distributor' means any person, firm, corporation, association, or partnership which90
sells consumer fireworks.91
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(4.1)(5) 'Electric plant' shall have the same meaning as provided for in Code92
Section 46-3A-1.93
(5)(6) 'Fireworks' means any combustible or explosive composition or any substance or94
combination of substances or article prepared for the purpose of producing a visible or95
audible effect by combustion, explosion, deflagration, or detonation, including blank96
cartridges, firecrackers, torpedos, skyrockets, bombs, sparklers, and other combustibles97
and explosives of like construction, as well as articles containing any explosive or98
flammable compound and tablets and other devices containing an explosive substance.99
(7) 'Fireworks or pyrotechnics exhibition or display before a proximate audience' means100
any exhibition or display of fireworks, or any use of pyrotechnic special effects, that101
occurs within a building or structure or before an audience closer to the pyrotechnic102
devices than permitted by National Fire Protection Association Standard 1123, Code for103
Fireworks Display, as adopted by the Safety Fire Commissioner; provided, however, that104
such term shall not include the use of pyrotechnic special effects in television and motion105
picture production when no audience is present.106
(8) 'Flame effect' means the combustion of solids, liquids, or gases utilizing atmospheric107
oxygen to produce thermal, physical, visual, or audible phenomena before an audience108
or for use in motion picture and television production.109
(6)(9) 'NFPA 1124' means the National Fire Protection Association Standard 1124, Code110
for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and111
Pyrotechnic Articles, 2006 Edition.112
(7)(10) 'Nonprofit group' means any entity exempt from taxation under Section 501(c)(3)113
of the Internal Revenue Code of 1986, any entity incorporated under Chapter 3 of114
Title 14, the 'Georgia Nonprofit Corporation Code,' or a sponsored organization of a115
public or private elementary or secondary school in this state.116
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(8) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted117
by the National Fire Protection Association Standard 1123, Code for Fireworks Display,118
as adopted by the Safety Fire Commissioner.119
(11) 'Personal and private use' means the use of consumer fireworks for any activity120
other than any activity of a professional or commercial nature or for profit or commercial121
gain and intended, in particular, for household entertainment or enjoyment for private122
gatherings.123
(12) 'Public exhibition or display of fireworks' means the use of pyrotechnics, display124
fireworks, consumer fireworks, or any combination thereof for any purpose relating to125
the amusement or entertainment of the public that does not occur within a building or126
structure or before a proximate audience; provided, however, that such term shall not127
include the private and personal use of consumer fireworks by the public.128
(9)(13) 'Pyrotechnics' means fireworks not intended for use by the general public.129
(14) 'Special effect' means an audible or visual effect created for motion picture and130
television production through the use of flammable or combustible liquids, flammable131
solids, explosives, fireworks, pyrotechnics, flame effects, and any similar materials and132
devices.133
(10)(15) 'Store' shall have the same meaning as provided for by NFPA 1124; provided,134
however, that such term shall only include such buildings with at least 4,000 square feet135
of retail display space and wherefrom:136
(A) No more than 25 percent of such retail display space is used for consumer137
fireworks and items or products as provided for under paragraph (2) of subsection (b)138
of this Code section; and139
(B) Other items or products which are not consumer fireworks or items or products as140
provided for under paragraph (2) of subsection (b) of this Code section are sold;141
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and provided, further, that such term means a person, firm, corporation, association, or
142
partnership with more than one mercantile location, where all such mercantile locations143
are collectively known to the public by the same name or share central management.144
(11)
(16) 'Waste-water treatment plant' shall have the same meaning as provided for in145
Code Section 43-51-2.146
(12)(17) 'Water treatment plant' shall have the same meaning as provided for in Code147
Section 43-51-2."148
SECTION 5.149
Said title is further amended in Code Section 25-10-2, relating to prohibited fireworks150
activities and application of noise ordinances, by adding a new subsection to read as follows:151
"(a.1) It shall be unlawful for any person, firm, corporation, association, or partnership to152
cause injury to another person or damage any property of another by means of fireworks153
whether recklessly or intentionally."154
SECTION 6.155
Said title is further amended by revising Code Section 25-10-3.2, relating to license required156
for pyrotechnics exhibits, requirements, and penalty for violations, as follows:157
"25-10-3.2.158
(a)(1) No person, firm, corporation, association, or partnership shall cause the159
combustion, explosion, deflagration, detonation, or ignition of pyrotechnics for the160
purpose of a public fireworks or pyrotechnics exhibition or display before a proximate161
audience unless such person, firm, corporation, association, or partnership holds a valid162
license issued by the Safety Fire Commissioner in accordance with the provisions of this163
Code section paragraph (2) of this subsection. Any application for such a license shall164
be made to the Safety Fire Commissioner in the form prescribed by the Safety Fire165
Commissioner.166
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(b)(2) All applicants must shall meet the following requirements for licensure to conduct167
a fireworks or pyrotechnics exhibition or display before a proximate audience:168
(1)(A) The applicant shall submit to the Safety Fire Commissioner proof of a valid169
comprehensive liability insurance policy purchased from an insurer authorized to do170
business in Georgia. The coverage must shall include bodily injury and property171
damage, products liability, completed operations, and contractual liability. The proof172
of insurance must shall also be provided before any license can be renewed. The173
minimum amount of said coverage shall be $1 million or such other amount as174
specified by the Safety Fire Commissioner. An insurer that provided such coverage175
shall notify the Safety Fire Commissioner of any change in coverage;176
(2)(B) The applicant shall pay the required licensing fee as prescribed in Code177
Section 25-10-5; and178
(3)(C) The applicant shall comply with all rules and regulations promulgated by the179
Safety Fire Commissioner pursuant to this chapter.180
(c)(b)(1) No person, firm, corporation, association, or partnership shall cause the181
combustion, explosion, deflagration, detonation, or ignition of fireworks for the purpose182
of a public exhibition or display of fireworks unless such person, firm, corporation,183
association, or partnership holds a valid license issued by the Safety Fire Commissioner184
in accordance with the provisions of paragraph (2) of this subsection. Any application185
for such a license shall be made to the Safety Fire Commissioner in the form prescribed186
by the Safety Fire Commissioner. Any violation of this chapter shall be grounds for187
revocation or denial of licensure to conduct pyrotechnic displays.188
(2) All applicants shall meet the following requirements for licensure to conduct a public189
exhibition or display of fireworks:190
(A) The applicant shall submit to the Safety Fire Commissioner proof of competency191
of all operators and assistants;192
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(B) The applicant shall pay the required licensing fee as prescribed in Code193
Section 25-10-5; and194
(C) The applicant shall comply with all rules and regulations promulgated by the195
Safety Fire Commissioner pursuant to this chapter.196
(c)(1) No person, firm, corporation, association, or partnership shall cause the197
combustion, explosion, deflagration, detonation, or ignition of special effects unless such198
person, firm, corporation, association, or partnership holds a valid license issued by the199
Safety Fire Commissioner in accordance with the provisions of paragraph (2) of this200
subsection, provided that any use of special effects in which an audience is present shall201
require licensure pursuant to subsection (a) of this Code section. Any application for202
such a license shall be made to the Safety Fire Commissioner in the form prescribed by203
the Safety Fire Commissioner.204
(2) All applicants shall meet the following requirements for licensure to use special205
effects:206
(A) The applicant shall submit to the Safety Fire Commissioner proof of competency207
of all operators and assistants;208
(B) The applicant shall pay the required licensing fee as prescribed in Code209
Section 25-10-5; and210
(C) The applicant shall comply with all rules and regulations promulgated by the211
Safety Fire Commissioner pursuant to this chapter.212
(d) The license issued pursuant to subsection (c) of this Code Section shall not authorize213
the manufacture, transportation, use, sale, or storage of explosives as provided for in214
subsection (d) of Code Section 25-2-17.215
(e) Any violation of this chapter shall be grounds for revocation or denial of licensure to216
conduct a fireworks or pyrotechnics exhibition or display before a proximate audience, to217
conduct a public exhibition or display of fireworks, or for the use of special effects."218
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SECTION 7.
219
Said title is further amended by revising Code Section 25-10-4, relating to permit required220
to conduct public fireworks exhibition or display, as follows:221
"25-10-4.222
(a) Any person, firm, corporation, association, or partnership desiring to conduct a public223
exhibition or display of fireworks not before a proximate audience
shall first obtain a224
permit from the judge of the probate court of the county local fire authority of the county,225
municipality, or other political subdivision or the chartered fire department legally226
organized to operate in this state pursuant to Chapter 3 of this title and having operational227
authority of the area in which the public exhibition or display of fireworks is to be held. 228
Application for a permit must shall be made in writing and filed with the judge local fire229
authority not less than ten days prior to the date of the proposed public exhibition or230
display of fireworks. Fireworks distributors located outside this state shall obtain display231
permit application forms and provide the same to applicants upon request. The judge local232
fire authority may grant a permit for the display public exhibition or display of fireworks233
on the following conditions:234
(1) That the display be conducted by a competent operator approved by the judge public235
exhibition or display of fireworks be conducted by an operator licensed pursuant to236
subsection (b) of Code Section 25-10-3.2;237
(2) That the display shall be of such character as in the opinion of the judge will not be238
hazardous to persons or property;239
(3)(2) That the local fire official responsible for the area in question certifies in writing240
that the site for the display meets his or her approval and public exhibition or display of241
fireworks is in compliance with all applicable codes; and242
(4)(3) That the application be accompanied by a bond in the principal sum of $10,000.00243
$50,000.00, payable to the county, municipality, or other political subdivision in which244
the display public exhibition or display of fireworks is being held and conditioned for the245
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payment of damages which may be caused either to persons or to property by reason of
246
the display
public exhibition or display of fireworks or, alternatively, that the application247
be accompanied by evidence that the applicant carries proper liability insurance for248
bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00249
for each accident and for property damage in the amount of not less than $25,000.00 for250
each accident and $50,000.00 aggregate, with an insurance company duly licensed by the251
Commissioner of Insurance.252
(b) Any person, firm, corporation, association, or partnership desiring to conduct a public253
fireworks or pyrotechnics exhibition or display of fireworks before a proximate audience254
shall first obtain a permit from the judge of the probate court of the county local fire255
authority of the county, municipality, or other political subdivision or the chartered fire256
department legally organized to operate in this state pursuant to Chapter 3 of this title and257
having operational authority of the area in which the public fireworks or pyrotechnics258
exhibition or display is to be held. Application for a permit must shall be made in writing259
and filed with the judge local fire authority not less than ten days prior to the date of the260
proposed public fireworks or pyrotechnics exhibition or display of fireworks before a261
proximate audience. Such application must contain the license number issued by the262
Safety Fire Commissioner for the person, firm, corporation, association, or partnership that263
will cause the combustion, explosion, deflagration, or detonation of pyrotechnics at the264
public exhibition or display. Fireworks distributors located outside this state shall obtain265
display permit application forms and provide the same to applicants upon request. The266
judge local fire authority may grant a permit for the display fireworks or pyrotechnics267
exhibition or display before a proximate audience on the following conditions:268
(1) That the fireworks or pyrotechnics exhibition or display be conducted by a competent269
operator approved by the judge an operator licensed pursuant to subsection (a) of Code270
Section 25-10-3.2;271
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(2) That the display shall be of such character as in the opinion of the judge will not be272
hazardous to persons or property;273
(3)(2) That the local fire official responsible for the area in question certifies in writing274
that the site for the display meets his or her approval and fireworks or pyrotechnics275
exhibition or display is in compliance with all applicable codes; and276
(4)(3) That the application be accompanied by a bond in the principal sum of $10,000.00277
$50,000.00, payable to the county, municipality, or other political subdivision in which278
the display is being held and conditioned for the payment of damages that may be caused279
either to persons or to property by reason of the fireworks or pyrotechnics exhibition or280
display or, alternatively, that the application be accompanied by evidence that the281
applicant carries property liability insurance for bodily injury in the amount of not less282
than $25,000.00 for each person and $50,000.00 for each accident and for property283
damage in the amount of not less than $25,000.00 for each accident and $50,000.00284
aggregate, with an insurance company duly licensed by the Commissioner of Insurance.285
(c) No permit, as provided for in subsections (a) and (b) of this Code section, shall be286
granted unless the applicant has met all the requirements of and is in full compliance with287
the rules and regulations promulgated by the Safety Fire Commissioner pursuant to this288
chapter.289
(d) The permit provided for in subsection (a) or (b) of this Code section shall be limited290
to the time specified therein, such time not to which shall not exceed a two-week period. 291
The permit shall not be transferable. In the event any fireworks bought and possessed292
under this Code section are not used by the licensee or in the event that there is a surplus293
or excess after the two-week period expires, it shall be the duty of the licensee to return294
such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the295
rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in296
accordance with Code Section 25-10-3.1 and regulations shall not be deemed contraband297
and shall not be subject to seizure.298
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(e) The judge of the probate court shall receive $10.00 for his or her services local fire299
authority shall receive a fee of up to $100.00 for the administrative cost of processing in300
granting or refusing the original permit and $1.00 pursuant to this Code section and $10.00301
for each copy issued, to be paid by the applicant. In addition to the original permit fees,302
local fire authorities may also charge reasonable fees for personnel needed for standby fire303
suppression and permit compliance. The judge of the probate court local fire authority304
shall provide the Safety Fire Commissioner a copy of each permit granted prior to the305
proposed date of the public exhibition or display of fireworks or the fireworks or306
pyrotechnics exhibition or display before a proximate audience."307
SECTION 8.308
Said title is further amended by revising Code Section 25-10-5, relating to license and fee for309
manufacture, storage, and transportation of fireworks or pyrotechnic displays, regulations,310
and inspections, as follows:311
"25-10-5.312
(a) The annual license fee for any person, firm, or corporation, association, or partnership313
conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing314
fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under315
fireworks or pyrotechnics exhibitions or displays before a proximate audience under316
subsection (a) of Code Section 25-10-3.2 shall be $1,500.00 per year, payable to the Safety317
Fire Commissioner. The license shall expire on December 31 of each year. The Safety318
Fire Commissioner is authorized and directed to promulgate safety regulations relating to319
the manufacture, storage, and transportation of fireworks within this state in order to ensure320
the adequate protection of the employees of any such person, firm, or corporation,321
association, or partnership and of the general public. The Safety Fire Commissioner is also322
further authorized and directed to promulgate safety regulations relating to the public323
exhibition or display of pyrotechnics fireworks or pyrotechnics exhibitions or displays324
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before a proximate audience and the licensing requirements of those conducting such325
public fireworks or pyrotechnics exhibitions or displays before a proximate audience, as326
he or she deems necessary. The Safety Fire Commissioner is further authorized and327
directed to conduct periodic inspections of the facilities of any person, firm, or corporation,328
association, or partnership manufacturing, storing, and transporting fireworks as provided329
in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order330
to ensure compliance with fire safety rules and regulations.331
(b) The annual license fee for any person, firm, corporation, association, or partnership332
conducting public exhibitions or displays of fireworks or using special effects under Code333
Section 25-10-3.2 shall be $500.00 per year, payable to the Safety Fire Commissioner. The334
license shall expire on December 31 of each year. The Safety Fire Commissioner is335
authorized and directed to promulgate safety regulations relating to public exhibitions or336
displays of fireworks and the licensing requirements of those conducting such public337
exhibitions or displays of fireworks, as he or she deems necessary. The Safety Fire338
Commissioner is further authorized and directed to promulgate safety regulations relating339
to the use of special effects and the licensing requirements of those using such special340
effects, as he or she deems necessary."341
SECTION 9.342
Said title is further amended in Code Section 25-10-8, relating to penalty for violations of343
chapter, by adding a new subsection and revising subsection (b) as follows:344
"(b) Any person, firm, corporation, association, or partnership that violates subsection (a)345
of Code Section 25-10-2 shall be guilty of a felony and shall be punished pursuant to Code346
Section 16-7-23 and shall also be subject to a monetary penalty of not more than347
$10,000.00.348
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(b)(c) Any person, firm, corporation, association, or partnership that violates any other349
provision of this chapter shall be guilty of a misdemeanor and shall be subject to monetary350
penalties as provided for in Code Section 25-10-9."351
SECTION 10.352
Said title is further amended by revising Code Section 25-10-9, relating to penalty for illegal353
use or sale of fireworks, as follows:354
"25-10-9.355
Notwithstanding any provision of this chapter to the contrary, the Safety Fire356
Commissioner shall have the authority to subject any person, firm, corporation, association,357
or partnership that knowingly violates this chapter to a monetary penalty of up to $2,500.00358
for each and every act in violation of this chapter; provided, however, that the Safety Fire359
Commissioner shall have the authority to subject any person, firm, corporation, association,360
or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane361
structure to a monetary penalty of up to $5,000.00 and, if any such person, firm,362
corporation, association, or partnership is a distributor, then a license revocation for not363
more than two years. Each sales transaction in violation of this chapter shall be a separate364
offense."365
SECTION 11.366
Said title is further amended by revising Code Section 25-10-10, relating to prohibition on367
release of certain fire-propelled devices into the air and certain floating lantern devices into368
public water locations, as follows:369
"25-10-10.370
(a) It shall be unlawful for any person, firm, corporation, association, or partnership to sell371
or offer for sale or release or cause to be released any balloon, bag, parachute, or other372
similar device which requires fire underneath for propulsion or to release or cause to be373
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released any floating water lantern or wish lantern which uses a flame to create a lighting374
effect in any public waterway, lake, pond, stream, or river.375
(b) It shall be unlawful for any person, firm, corporation, association, or partnership to376
release or cause to be released any floating water lantern which uses a flame to create a377
lighting effect in any public waterway, lake, pond, stream, or river."378
SECTION 12.379
Said title is further amended in Code Section 25-15-16, relating to exceptions from article380
and exemptions from inspection and certificate requirements relative to regulation of boilers381
and pressure vessels, by revising paragraphs (13) through (15) of subsection (a) as follows:382
"(13) Boilers and pressure vessels operated and maintained as a part of a manufacturing383
process; provided, however, that any person, firm, partnership, or corporation operating384
such a boiler or pressure vessel has insurance or is self-insured and such boiler or385
pressure vessel is regularly inspected in accordance with the minimum requirements for386
safety as defined in the ASME Code by an inspector who has been issued a certificate of387
competency by the Commissioner in accordance with the provisions of Code388
Section 25-15-19;389
(14)(13) Boilers and pressure vessels operated and maintained by a public utility; and390
(15)(14) Autoclaves used only for the sterilization of reusable medical or dental391
implements in the place of business of any professional licensed by the laws of this state."392
SECTION 13.393
Said title is further amended by revising Code Section 25-15-18, relating to deputy inspectors394
for boilers and pressure vessels, as follows:395
"25-15-18.396
The Commissioner may employ deputy inspectors who shall be responsible to the chief397
inspector and who shall have, had at the time of appointment not:398
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(1)(A) Not less than three years' experience in the construction, installation, inspection,399
operation, maintenance, or repair of high pressure boilers and pressure vessels as a400
mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and401
who shall have passed; or402
(B) Successfully completed a nationally recognized program which provides adequate403
experience in the field that has been approved by the Commissioner through rule or404
regulation; and405
(2) Passed the examination provided for in Code Section 25-15-20."406
SECTION 14.407
Said title is further amended in Code Section 25-15-23, relating to inspections of boilers and408
pressure vessels, by revising subparagraph (b)(1)(D) as follows:409
"(D) Pressure vessels subject to internal corrosion shall receive a certificate inspection410
triennially biannually with an internal inspection at the discretion of the inspector. 411
Pressure vessels not subject to internal corrosion shall receive a certificate of inspection412
at intervals set by the office; and"413
SECTION 15.414
Chapter 22 of Title 45 of the Official Code of Georgia Annotated, relating to public415
employee hazardous chemical protection and right to know, is amended in Code416
Section 45-22-2, relating to definitions, by revising paragraphs (15) through (20) and adding417
a new paragraph to read as follows:418
"(15) 'Material safety data sheet' means the document prepared by manufacturers in419
accordance with the requirements of the Occupational Safety and Health Administration420
standard, 29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) and containing the421
following information:422
(A) The chemical name and the common name of the hazardous chemical;423
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(B) The hazards or other risks in the use of the hazardous chemical, including:424
(i) The potential for fire, explosion, corrosivity, and reactivity;425
(ii) The known acute and chronic health effects of risks from exposure, including the426
medical conditions which are generally recognized as being aggravated by exposure427
to the hazardous chemical; and428
(iii) The primary routes of entry and the symptoms of overexposure;429
(C) The proper precautions, handling practices, necessary personal protective430
equipment, and other safety precautions in the use of or exposure to the hazardous431
chemicals, including appropriate emergency treatment in case of overexposure;432
(D) The emergency procedures for spills, fire, disposal, and first aid;433
(E) A description in lay terms of the known specific potential health risks posed by the434
hazardous chemical intended to alert any person reading this information; and435
(F) The year and month, if available, that the information was compiled and the name,436
address, and emergency telephone number of the manufacturer responsible for437
preparing the information.438
(16)(15) 'Mixture' means any combination of two or more chemicals, if the combination439
is not, in whole or in part, the result of a chemical reaction.440
(17)(16) 'Occupational Safety and Health Administration standard' means the Hazard441
Communication Standard issued by the Occupational Safety and Health Administration,442
29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) in effect as of January 1, 2024.443
(18)(17) 'Person' means any individual, natural person, public or private corporation,444
incorporated association, government, government agency, partnership, or unincorporated445
association.446
(19)(18) 'Physical hazard' means a chemical for which there is scientifically valid447
evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an448
organic peroxide, an oxidizer, pyrophoric, unstable (reactive), or water reactive.449
(20)(19) 'Produce' means to manufacture, process, formulate, or repackage.450
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(20) 'Safety data sheet' means the document prepared by manufacturers in accordance451
with the requirements of Section 1920.1220(g) and Appendix D of the Occupational452
Safety and Health Administration standard."453
SECTION 16.454
Said chapter is further amended by revising Code Section 45-22-4, relating to responsibility455
of public contractors who introduce hazardous materials into workplace, as follows:456
"45-22-4.457
A public contractor who introduces hazardous materials into the workplace shall agree, and458
include a statement, in all bids, agreements, contracts, or other instrument instruments to459
the effect that such contractor shall be responsible for compliance with the provisions of460
this chapter for persons employed by such contractor utilized under such contract. Any461
such public contractor who introduces hazardous chemicals into the workplace shall462
provide material safety data sheets for such chemicals to all employees using them such463
hazardous chemicals and instruction in handling, emergency procedures, and disposal prior464
to introducing such hazardous chemicals. This Code section shall not be construed to place465
responsibility on any person, firm, or corporation other than public contractors."466
SECTION 17.467
Said chapter is further amended by revising Code Section 45-22-7, relating to material safety468
data sheets, notice to employees, and rights of employees, as follows:469
"45-22-7.470
(a) The manufacturer, importer, or distributor of any hazardous chemical shall prepare a471
material safety data sheet which, to the best knowledge of the manufacturer, importer, or472
distributor, is current, accurate, and complete, based on information then reasonably473
available to the manufacturer, importer, or distributor, and provide a copy of the material474
safety data sheet to employers who purchase such hazardous chemicals and an electronic475
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copy to the department annually in a written or electronic format. Such safety data sheet476
shall be maintained by the employer for a period of not less than three years.477
(b) Any person who produces a mixture may, for the purposes of this Code section,478
prepare and use a mixture material safety data sheet, subject to the provisions of479
subsection (j) of this Code section.480
(c) A manufacturer, importer, distributor, or employer may provide the information481
required by this Code section on an entire mixture, instead of on each hazardous chemical482
in it, when all of the following conditions exist:483
(1) Toxicity test information exists on the mixture itself or adequate information exists484
to form a valid judgment of the hazardous properties of the mixture itself and the material485
safety data sheet indicates that the information presented and the conclusions drawn are486
from some source other than direct test data on the mixture itself, and that a material487
safety data sheet on each constituent hazardous chemical identified on the material safety488
data sheet is available upon request;489
(2) Provision of information on the mixture will be as effective in protecting employee490
health as information on the ingredients;491
(3) The hazardous chemicals in the mixture are identified on the material safety data492
sheet unless it is unfeasible to describe all the ingredients in the mixture, provided that493
the reason why the hazardous chemicals in the mixture are not identified shall be stated494
on the material safety data sheet; and495
(4) A single mixture material safety data sheet may be provided for more than one496
formulation of a product mixture if the information provided does not vary for the497
formulation.498
(d) A manufacturer, importer, or distributor who is responsible for preparing and499
transmitting a material safety data sheet under the provisions of this Code section shall500
revise such material safety data sheet on a timely basis, as appropriate to the importance501
of any new information which would affect the contents of the existing material safety data502
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sheet, and in any event within three months of such information becoming available to the
503
manufacturer, importer, or distributor. Each such manufacturer, importer, or distributor504
shall provide a copy of the material
safety data sheet to employers who have purchased505
such hazardous chemicals and an electronic copy to the department in a written or506
electronic format. Such safety data sheet shall be maintained by the employer for a period507
of not less than three years.508
(e) Any person subject to the provisions of this Code section shall be relieved of the509
obligation to provide a direct purchaser of a hazardous chemical with a material safety data510
sheet if:511
(1) He or she has a record of having provided the direct purchaser with the most recent512
version of the material safety data sheet;513
(2) The chemical is labeled pursuant to:514
(A) The federal Atomic Energy Act; or515
(B) The federal Resource Conservation and Recovery Act; or516
(3) The article is one sold at retail and is incidentally sold to an employer or the517
employer's employees in the same form, approximate amount, concentration, and manner518
as it is sold to consumers, and, to the seller's knowledge, employee exposure to the article519
is not significantly greater than the consumer exposure occurring during the principal520
consumer use of the article.521
(f) If an employer is not supplied with a material safety data sheet by a manufacturer,522
importer, or distributor for a hazardous chemical subject to this Code section, such523
employer shall, within a reasonable amount of time after discovering that a material safety524
data sheet has not been supplied, use diligent efforts to obtain such material safety data525
sheet from the manufacturer, importer, or distributor. For purposes of this subsection Code526
section, 'diligent efforts' means a prompt inquiry by the employer to the manufacturer,527
importer, or distributor of the hazardous chemicals; provided, however, that an independent528
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contractor or subcontractor shall be responsible for obtaining the material safety data sheet529
for his or her employees in the workplace of another.530
(g) If after having used diligent efforts, an employer still fails to obtain a material safety531
data sheet, such employer shall notify the department of the employer's inability to obtain532
such material safety data sheet.533
(g) The department shall be authorized to punish any manufacturer, importer, or distributor534
of a hazardous chemical that violates this Code section by imposition of a monetary 535
penalty not to exceed $1,000.00 for each day that such manufacturer, importer, or536
distributor of a hazardous chemical subject to this Code section has not provided the537
employer with the safety data sheet.538
(h) An employer who has used diligent efforts and who has made a documented539
notification to the department pursuant to this Code section shall not be found in violation540
of this Code section with respect to the material safety data sheet which was not supplied541
by the manufacturer, importer, or distributor as required by this Code section.542
(i) Every employer who manufactures, produces, uses, applies, or stores hazardous543
chemicals in the workplace shall post a notice as prescribed by rule or regulation544
promulgated by the department in a place where notices are normally posted, informing545
employees of their rights under this chapter.546
(j) Every employer who manufactures, produces, uses, applies, or stores hazardous547
chemicals in the workplace shall maintain a material safety data sheet for each hazardous548
chemical which is present in such workplace. All material safety data sheets shall be549
readily available in the workplace in a written or electronic format; provided, however, that550
employers who maintain one or more work areas which are not fixed at specific geographic551
locations shall be authorized to maintain material safety data sheets for each hazardous552
chemical used in such work area at a central location.553
(k)(1) A material safety data sheet may be kept in any form, including operations554
procedures, and may be designed to cover groups of hazardous chemicals in a work area555
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where it may be appropriate to address the hazards of a process rather than individual
556
hazardous chemicals. The employer shall ensure that in all cases the required information557
is provided for each hazardous chemical, and is readily accessible during each workshift558
to employees when they are in their work area; provided, however, that employers who559
maintain one or more work areas which are not fixed at specific geographic locations560
shall be authorized to maintain material
safety data sheets for each hazardous chemical561
used in such work area at a central location.562
(2) Any employee may request in writing and shall have the right to examine and obtain563
the material safety data sheets for the hazardous chemicals to which he or she is, has564
been, or may be exposed. The employer shall provide any material safety data sheet565
within its possession within five of the requesting employee's working days, subject to566
the provisions of subsection (g) (f) of this Code section. The employer may adopt567
reasonable procedures for acting upon such requests to avoid interruption of normal work568
operations.569
(3) An independent contractor or subcontractor working in the workplace of another570
employer may request in writing and shall have the right to examine the material safety571
data sheets for the hazardous chemicals to which such contractor, subcontractor, or572
employees thereof are, have been, or may be exposed. The employer shall provide any573
material safety data sheet within its possession within five of the requesting independent574
contractor's or subcontractor's working days, subject to the provisions of subsection (g)575
(f) of this Code section. The employer may adopt reasonable procedures for acting upon576
such requests to avoid interruption of normal work operations.577
(4) If an employee who has requested a material safety data sheet pursuant to this chapter578
has not received such material safety data sheet within five of the requesting employee's579
working days, subject to the provisions of subsection (g) (f) of this Code section, that580
employee may refuse to work with the chemical for which he or she has requested the581
material safety data sheet until such material safety data sheet is provided by the582
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employer; provided, however, that nothing contained in this paragraph shall be construed
583
to permit any employee to refuse to perform essential services, as such term is defined584
by rule or regulation; provided, further, that nothing in this paragraph shall be construed585
to interfere with the right of the employer to transfer an employee who so refuses to work586
to other duties until such material
safety data sheet is provided, and such a transfer shall587
not to be considered as a discriminatory act under Code Section 45-22-10. No pay,588
position, seniority, or other benefits shall be lost for exercise of any right provided by this589
chapter as a result of such a transfer.590
(l) No employer shall discharge or otherwise discriminate against an employee for the591
employee's assertion of the employee's rights under this chapter.592
(m) For the purposes of this Code section, an employer, independent contractor, or593
subcontractor shall maintain material safety data sheets for their own workplaces only;594
provided, however, that employees of such independent contractor or subcontractor, insofar595
as they are exposed in the course of their employment to hazardous chemicals in other596
workplaces, shall have the right to examine material safety data sheets for those chemicals597
to which they are exposed from the workplace employer through a written request to their598
own employer as provided in paragraph (2) of subsection (k) of this Code section. 599
Nothing contained in this chapter shall be construed to require an employer to conduct600
studies to develop new information."601
SECTION 18.602
Said chapter is further amended in Code Section 45-22-8, relating to information and training603
standards, by revising subsections (a) and (b) as follows:604
"(a) Each employer shall be required to comply with the minimum information standards605
set forth in this subsection. Each employee shall be informed of:606
(1) The requirements of this Code section;607
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(2) What a material safety data sheet is and the contents of the material safety data sheet608
for any hazardous chemical to which he or she is exposed, or equivalent information,609
either in written form or through training programs;610
(3) Any operations in his or her work area where hazardous chemicals are present;611
(4) The location and availability of training programs;612
(5) His or her right to receive information regarding hazardous chemicals to which he613
or she may be exposed;614
(6) His or her right for his or her physician to receive information regarding hazardous615
chemicals to which the employee may be exposed; and616
(7) His or her right against discharge or other discrimination due to the employee's617
exercise of the rights provided by this chapter.618
(b) In addition to providing the information required by subsection (a) of this Code619
section, each employer shall be required to provide a training program for all employees620
who are exposed to hazardous chemicals in the normal course of their employment. When621
training employees who are exposed to hazardous chemicals, the employer shall explain622
any physical or health hazards associated with the use of the chemical or mixture; proper623
precautions for handling, necessary personal protective equipment, or other safety624
precautions necessary to prevent or minimize exposure to the hazardous chemical; methods625
of observation that may be used to detect the presence or release of a hazardous chemical626
in a work area, including, but not limited to, spot check monitoring, continuous monitoring,627
or methods of visual or olfactory detection; the labeling system and the material safety data628
sheet, and how employees can obtain and use the appropriate hazard information; and629
emergency procedures for spills, fire, disposal, and first aid. This information may relate630
to an entire class of hazardous chemicals to the extent appropriate and related to the job. 631
Whenever any employer receives a new or revised material safety data sheet, such632
information shall be provided to employees on a timely basis not to exceed 30 days after633
receipt, if the new information indicates significantly increased risks to or measures634
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necessary to protect employee health as compared to those stated on a material safety data635
sheet previously provided."636
SECTION 19.637
Said chapter is further amended by revising Code Section 45-22-9, relating to publication by638
employers of list of hazardous chemicals in workplace, as follows:639
"45-22-9.640
Each employer shall publish, On and after July 1, 1989, each employer shall publish in641
print or electronically in January and July of each year, a list of hazardous chemicals that642
its employees use or are exposed to in the workplace. Such list shall be in written or643
electronic format and available for public inspection at the workplace office. A644
comprehensive list of all hazardous chemicals used by the employer shall also be available645
for public inspection at the employer's state headquarters."646
SECTION 20.647
All laws and parts of laws in conflict with this Act are repealed.648
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