24 LC 39 4339S
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
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 provide for authority of state fire marshal and10
employees to investigate and arrest upon request by the Safety Fire Commissioner; to11
prohibit the use of fireworks to cause injury or property damage; to revise licensing12
requirements and penalties relative to the display of fireworks and pyrotechnics and the sale13
of fireworks; to require a license for the use of certain special effects in production of a14
motion picture or television production; to revise provisions relative to the prohibition on the15
release of certain fire-propelled devices; to provide for penalties; to revise inspection and16
certification requirements relative to boilers and pressure vessels; to revise and provide for17
definitions; to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated,18
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relating to public employee hazardous chemical protection and right to know, so as to allow
19
for the dissemination of certain information relative to hazardous chemicals in written or20
electronic format; to provide for penalties; to provide for definitions; to provide for21
conforming changes; to provide for related matters; to repeal conflicting laws; and for other22
purposes.23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24
SECTION 1.25
Code Section 8-2-106 of the Official Code of Georgia Annotated, relating to reporting of26
accidents relative to elevators, dumbwaiters, escalators, manlifts, and moving walks and27
removal from service of such equipment involved in accident, is amended by revising28
subsections (a) and (b) as follows:29
"(a) The owner or lessee shall report, by telephone, to the enforcement authority on the30
same day or by noon on the next work day, excluding state holidays and weekends, all31
elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving32
personal injury or death. The owner or lessee shall also provide a written report of this
33
accident within seven days file a report with all documentation of this accident by the end34
of the next business day.35
(b) The owner or lessee shall report, in writing, to the enforcement authority within seven36
days by the end of the next business day, excluding state holidays and weekends, all37
elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving38
structural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter."39
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SECTION 2.
40
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is41
amended by revising Code Section 16-7-23, relating to criminal damage to property in the42
second degree, as follows:43
"16-7-23.44
(a) A person commits the offense of criminal damage to property in the second degree45
when he or she
:46
(1) Intentionally damages any property of another person without his or her consent and47
the damage thereto exceeds $500.00; or48
(2) Recklessly or intentionally, by means of fire, or explosive, or fireworks damages49
property of another person.50
(b) A person convicted of the offense of criminal damage to property in the second degree51
shall be punished by imprisonment for not less than one nor more than five years."52
SECTION 3.53
Said title is further amended by adding a new Code section to read as follows:54
"16-10-35.55
(a) As used in this Code section, the term:56
(1) 'Emergency medical technician' shall have the same meaning as set forth in Code57
Section 16-10-24.2.58
(2) 'Firefighter' shall have the same meaning as set forth in Code Section 16-10-24.1.59
(3) 'Firework' means any combustible or explosive composition or any substance or60
combination of substances or article the possession of which is regulated by Chapter 1061
of Title 25.62
(4) 'Law enforcement officer' means any person certified by the Georgia Peace Officer63
Standards and Training Council as having successfully completed the course of training64
required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'65
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(b) It shall be unlawful for any person to knowingly and intentionally ignite a firework66
when such firework or component thereof explodes or detonates within 150 feet of or67
causes injury or harm to an emergency medical technician, firefighter, or law enforcement68
officer for the purpose of hindering or disrupting such emergency medical technician,69
firefighter, or law enforcement officer during the lawful discharge of his or her duties.70
(c) Any person who violates subsection (b) of this Code section shall be guilty of a high71
and aggravated misdemeanor."72
SECTION 4.73
Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is74
amended by revising Code Section 25-2-9, relating to authority of state fire marshal and75
employees to investigate and arrest, as follows:76
"25-2-9.77
(a) Upon the direction of the Commissioner or the request of the sheriff of the county, the78
chief of police of the jurisdiction, the district attorney of the judicial circuit, or a local fire79
official, the state fire marshal and any employees of such official shall have the authority80
to investigate the cause and origin of any fire which occurred in said county, jurisdiction,81
or judicial circuit.82
(b) Upon the direction of the Commissioner or the request of the sheriff of the county, the83
chief of police of the jurisdiction, the district attorney of the judicial circuit, or a local fire84
official, the state fire marshal and any employees of such official shall have the authority85
to investigate and enforce any laws provided for within this title or any regulations86
promulgated under this title.87
(c) Personnel employed and authorized by the state fire marshal shall have the power to88
make arrests for criminal violations established as a result of investigations. Such89
personnel must shall hold certification as a peace officer from the Georgia Peace Officer90
Standards and Training Council and shall have the power to execute arrest warrants and91
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search warrants for criminal violations and to arrest, upon probable cause and without
92
warrant, any person found violating any of the provisions of applicable criminal laws. 93
Authorized personnel empowered to make arrests pursuant to this Code section shall be94
empowered to carry firearms as authorized by the state fire marshal in the performance of95
their duties. It shall be unlawful for any person to resist an arrest authorized by this Code96
section or to interfere in any manner, including abetting or assisting such resistance or97
interference, with personnel employed by the state fire marshal in the duties imposed upon98
such personnel by law."99
SECTION 5.100
Said title is further amended in Code Section 25-10-1, relating to definitions relative to101
regulation of fireworks, by revising subsection (a) as follows:102
"(a) As used in this chapter, the term:103
(1) 'Consumer fireworks' means any small fireworks devices containing restricted104
amounts of pyrotechnic composition, designed primarily to produce visible or audible105
effects by combustion, that comply with the construction, chemical composition, and106
labeling regulations of the United States Consumer Product Safety Commission as107
provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the108
United States Department of Transportation as provided for in Part 172 of Title 49 of the109
Code of Federal Regulations, and the American Pyrotechnics Association as provided for110
in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall111
mean Roman candles.112
(2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for113
by NFPA 1124; provided, however, that such term shall not include a tent, canopy, or114
membrane structure.115
(3) 'Consumer fireworks retail sales stand' shall have the same meaning as provided for116
by NFPA 1124.117
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(4) 'Distributor' means any person, firm, corporation, association, or partnership which
118
sells consumer fireworks.119
(4.1)
(5) 'Electric plant' shall have the same meaning as provided for in Code120
Section 46-3A-1.121
(5)(6) 'Fireworks' means any combustible or explosive composition or any substance or122
combination of substances or article prepared for the purpose of producing a visible or123
audible effect by combustion, explosion, deflagration, or detonation, including blank124
cartridges, firecrackers, torpedos, skyrockets, bombs, sparklers, and other combustibles125
and explosives of like construction, as well as articles containing any explosive or126
flammable compound and tablets and other devices containing an explosive substance.127
(7) 'Fireworks or pyrotechnics exhibition or display before a proximate audience' means128
any exhibition or display of fireworks, or any use of pyrotechnic special effects, that129
occurs within a building or structure or before an audience closer to the pyrotechnic130
devices than permitted by National Fire Protection Association Standard 1123, Code for131
Fireworks Display, as adopted by the Safety Fire Commissioner; provided, however, that132
such term shall not include the use of pyrotechnic special effects in television and motion133
picture production when no audience is present.134
(8) 'Flame effect' means the combustion of solids, liquids, or gases utilizing atmospheric135
oxygen to produce thermal, physical, visual, or audible phenomena before an audience136
or for use in motion picture and television production.137
(6)(9) 'NFPA 1124' means the National Fire Protection Association Standard 1124, Code138
for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and139
Pyrotechnic Articles, 2006 Edition.140
(7)(10) 'Nonprofit group' means any entity exempt from taxation under Section 501(c)(3)141
of the Internal Revenue Code of 1986, any entity incorporated under Chapter 3 of142
Title 14, the 'Georgia Nonprofit Corporation Code,' or a sponsored organization of a143
public or private elementary or secondary school in this state.144
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(8) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted145
by the National Fire Protection Association Standard 1123, Code for Fireworks Display,146
as adopted by the Safety Fire Commissioner.147
(11) 'Personal and private use' means the use of consumer fireworks for any activity148
other than any activity of a professional or commercial nature or for profit or commercial149
gain and intended, in particular, for household entertainment or enjoyment for private150
gatherings.151
(12) 'Public exhibition or display of fireworks' means the use of pyrotechnics, display152
fireworks, consumer fireworks, or any combination thereof for any purpose relating to153
the amusement or entertainment of the public that does not occur within a building or154
structure or before a proximate audience; provided, however, that such term shall not155
include the private and personal use of consumer fireworks by the public.156
(9)(13) 'Pyrotechnics' means fireworks not intended for use by the general public.157
(14) 'Special effect' means an audible or visual effect created for motion picture and158
television production through the use of flammable or combustible liquids, flammable159
solids, explosives, fireworks, pyrotechnics, flame effects, and any similar materials and160
devices.161
(10)(15) 'Store' shall have the same meaning as provided for by NFPA 1124; provided,162
however, that such term shall only include such buildings with at least 4,000 square feet163
of retail display space and wherefrom:164
(A) No more than 25 percent of such retail display space is used for consumer165
fireworks and items or products as provided for under paragraph (2) of subsection (b)166
of this Code section; and167
(B) Other items or products which are not consumer fireworks or items or products as168
provided for under paragraph (2) of subsection (b) of this Code section are sold;169
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and provided, further, that such term means a person, firm, corporation, association, or
170
partnership with more than one mercantile location, where all such mercantile locations171
are collectively known to the public by the same name or share central management.172
(11)
(16) 'Waste-water treatment plant' shall have the same meaning as provided for in173
Code Section 43-51-2.174
(12)(17) 'Water treatment plant' shall have the same meaning as provided for in Code175
Section 43-51-2."176
SECTION 6.177
Said title is further amended in Code Section 25-10-2, relating to prohibited fireworks178
activities and application of noise ordinances, by adding a new subsection to read as follows:179
"(a.1) It shall be unlawful for any person, firm, corporation, association, or partnership to180
cause injury to another person or damage any property of another by means of fireworks181
whether recklessly or intentionally."182
SECTION 7.183
Said title is further amended by revising Code Section 25-10-3.2, relating to license required184
for pyrotechnics exhibits, requirements, and penalty for violations, as follows:185
"25-10-3.2.186
(a)(1) No person, firm, corporation, association, or partnership shall cause the187
combustion, explosion, deflagration, detonation, or ignition of pyrotechnics for the188
purpose of a public fireworks or pyrotechnics exhibition or display before a proximate189
audience unless such person, firm, corporation, association, or partnership holds a valid190
license issued by the Safety Fire Commissioner in accordance with the provisions of this191
Code section paragraph (2) of this subsection. Any application for such a license shall192
be made to the Safety Fire Commissioner in the form prescribed by the Safety Fire193
Commissioner.194
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(b)(2) All applicants must shall meet the following requirements for licensure to conduct195
a fireworks or pyrotechnics exhibition or display before a proximate audience:196
(1)(A) The applicant shall submit to the Safety Fire Commissioner proof of a valid197
comprehensive liability insurance policy purchased from an insurer authorized to do198
business in Georgia. The coverage must shall include bodily injury and property199
damage, products liability, completed operations, and contractual liability. The proof200
of insurance must shall also be provided before any license can be renewed. The201
minimum amount of said coverage shall be $1 million or such other amount as202
specified by the Safety Fire Commissioner. An insurer that provided such coverage203
shall notify the Safety Fire Commissioner of any change in coverage;204
(2)(B) The applicant shall pay the required licensing fee as prescribed in Code205
Section 25-10-5; and206
(3)(C) The applicant shall comply with all rules and regulations promulgated by the207
Safety Fire Commissioner pursuant to this chapter.208
(c)(b)(1) No person, firm, corporation, association, or partnership shall cause the209
combustion, explosion, deflagration, detonation, or ignition of fireworks for the purpose210
of a public exhibition or display of fireworks unless such person, firm, corporation,211
association, or partnership holds a valid license issued by the Safety Fire Commissioner212
in accordance with the provisions of paragraph (2) of this subsection. Any application213
for such a license shall be made to the Safety Fire Commissioner in the form prescribed214
by the Safety Fire Commissioner. Any violation of this chapter shall be grounds for215
revocation or denial of licensure to conduct pyrotechnic displays.216
(2) All applicants shall meet the following requirements for licensure to conduct a public217
exhibition or display of fireworks:218
(A) The applicant shall submit to the Safety Fire Commissioner proof of competency219
of all operators and assistants;220
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(B) The applicant shall pay the required licensing fee as prescribed in Code221
Section 25-10-5; and222
(C) The applicant shall comply with all rules and regulations promulgated by the223
Safety Fire Commissioner pursuant to this chapter.224
(c)(1) No person, firm, corporation, association, or partnership shall cause the225
combustion, explosion, deflagration, detonation, or ignition of special effects unless such226
person, firm, corporation, association, or partnership holds a valid license issued by the227
Safety Fire Commissioner in accordance with the provisions of paragraph (2) of this228
subsection, provided that any use of special effects in which an audience is present shall229
require licensure pursuant to subsection (a) of this Code section. Any application for230
such a license shall be made to the Safety Fire Commissioner in the form prescribed by231
the Safety Fire Commissioner.232
(2) All applicants shall meet the following requirements for licensure to use special233
effects:234
(A) The applicant shall submit to the Safety Fire Commissioner proof of competency235
of all operators and assistants;236
(B) The applicant shall pay the required licensing fee as prescribed in Code237
Section 25-10-5; and238
(C) The applicant shall comply with all rules and regulations promulgated by the239
Safety Fire Commissioner pursuant to this chapter.240
(d) The license issued pursuant to subsection (c) of this Code Section shall not authorize241
the manufacture, transportation, use, sale, or storage of explosives as provided for in242
subsection (d) of Code Section 25-2-17.243
(e) Any violation of this chapter shall be grounds for revocation or denial of licensure to244
conduct a fireworks or pyrotechnics exhibition or display before a proximate audience, to245
conduct a public exhibition or display of fireworks, or for the use of special effects."246
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SECTION 8.
247
Said title is further amended by revising Code Section 25-10-4, relating to permit required248
to conduct public fireworks exhibition or display, as follows:249
"25-10-4.250
(a) Any person, firm, corporation, association, or partnership desiring to conduct a public251
exhibition or display of fireworks not before a proximate audience
shall first obtain a252
permit from the judge of the probate court of the county local fire authority of the county,253
municipality, or other political subdivision or the chartered fire department legally254
organized to operate in this state pursuant to Chapter 3 of this title and having operational255
authority of the area in which the public exhibition or display of fireworks is to be held. 256
Application for a permit must shall be made in writing and filed with the judge local fire257
authority not less than ten days prior to the date of the proposed public exhibition or258
display of fireworks. Fireworks distributors located outside this state shall obtain display259
permit application forms and provide the same to applicants upon request. The judge local260
fire authority may grant a permit for the display public exhibition or display of fireworks261
on the following conditions:262
(1) That the display be conducted by a competent operator approved by the judge public263
exhibition or display of fireworks be conducted by an operator licensed pursuant to264
subsection (b) of Code Section 25-10-3.2;265
(2) That the display shall be of such character as in the opinion of the judge will not be266
hazardous to persons or property;267
(3)(2) That the local fire official responsible for the area in question certifies in writing268
that the site for the display meets his or her approval and public exhibition or display of269
fireworks is in compliance with all applicable codes; and270
(4)(3) That the application be accompanied by a bond in the principal sum of $10,000.00271
$50,000.00, payable to the county, municipality, or other political subdivision in which272
the display public exhibition or display of fireworks is being held and conditioned for the273
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payment of damages which may be caused either to persons or to property by reason of
274
the display
public exhibition or display of fireworks or, alternatively, that the application275
be accompanied by evidence that the applicant carries proper liability insurance for276
bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00277
for each accident and for property damage in the amount of not less than $25,000.00 for278
each accident and $50,000.00 aggregate, with an insurance company duly licensed by the279
Commissioner of Insurance.280
(b) Any person, firm, corporation, association, or partnership desiring to conduct a public281
fireworks or pyrotechnics exhibition or display of fireworks before a proximate audience282
shall first obtain a permit from the judge of the probate court of the county local fire283
authority of the county, municipality, or other political subdivision or the chartered fire284
department legally organized to operate in this state pursuant to Chapter 3 of this title and285
having operational authority of the area in which the public fireworks or pyrotechnics286
exhibition or display is to be held. Application for a permit must shall be made in writing287
and filed with the judge local fire authority not less than ten days prior to the date of the288
proposed public fireworks or pyrotechnics exhibition or display of fireworks before a289
proximate audience. Such application must contain the license number issued by the290
Safety Fire Commissioner for the person, firm, corporation, association, or partnership that291
will cause the combustion, explosion, deflagration, or detonation of pyrotechnics at the292
public exhibition or display. Fireworks distributors located outside this state shall obtain293
display permit application forms and provide the same to applicants upon request. The294
judge local fire authority may grant a permit for the display fireworks or pyrotechnics295
exhibition or display before a proximate audience on the following conditions:296
(1) That the fireworks or pyrotechnics exhibition or display be conducted by a competent297
operator approved by the judge an operator licensed pursuant to subsection (a) of Code298
Section 25-10-3.2;299
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(2) That the display shall be of such character as in the opinion of the judge will not be300
hazardous to persons or property;301
(3)(2) That the local fire official responsible for the area in question certifies in writing302
that the site for the display meets his or her approval and fireworks or pyrotechnics303
exhibition or display is in compliance with all applicable codes; and304
(4)(3) That the application be accompanied by a bond in the principal sum of $10,000.00305
$50,000.00, payable to the county, municipality, or other political subdivision in which306
the display is being held and conditioned for the payment of damages that may be caused307
either to persons or to property by reason of the fireworks or pyrotechnics exhibition or308
display or, alternatively, that the application be accompanied by evidence that the309
applicant carries property liability insurance for bodily injury in the amount of not less310
than $25,000.00 for each person and $50,000.00 for each accident and for property311
damage in the amount of not less than $25,000.00 for each accident and $50,000.00312
aggregate, with an insurance company duly licensed by the Commissioner of Insurance.313
(c) No permit, as provided for in subsections (a) and (b) of this Code section, shall be314
granted unless the applicant has met all the requirements of and is in full compliance with315
the rules and regulations promulgated by the Safety Fire Commissioner pursuant to this316
chapter.317
(d) The permit provided for in subsection (a) or (b) of this Code section shall be limited318
to the time specified therein, such time not to which shall not exceed a two-week period. 319
The permit shall not be transferable. In the event any fireworks bought and possessed320
under this Code section are not used by the licensee or in the event that there is a surplus321
or excess after the two-week period expires, it shall be the duty of the licensee to return322
such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the323
rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in324
accordance with Code Section 25-10-3.1 and regulations shall not be deemed contraband325
and shall not be subject to seizure.326
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(e) The judge of the probate court shall receive $10.00 for his or her services local fire327
authority shall receive a fee of up to $100.00 for the administrative cost of processing in328
granting or refusing the original permit and $1.00 pursuant to this Code section and $10.00329
for each copy issued, to be paid by the applicant. In addition to the original permit fees,330
local fire authorities may also charge reasonable fees for personnel needed for standby fire331
suppression and permit compliance. The judge of the probate court local fire authority332
shall provide the Safety Fire Commissioner a copy of each permit granted prior to the333
proposed date of the public exhibition or display of fireworks or the fireworks or334
pyrotechnics exhibition or display before a proximate audience."335
SECTION 9.336
Said title is further amended by revising Code Section 25-10-5, relating to license and fee for337
manufacture, storage, and transportation of fireworks or pyrotechnic displays, regulations,338
and inspections, as follows:339
"25-10-5.340
(a) The annual license fee for any person, firm, or corporation, association, or partnership341
conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing342
fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under343
fireworks or pyrotechnics exhibitions or displays before a proximate audience under344
subsection (a) of Code Section 25-10-3.2 shall be $1,500.00 per year, payable to the Safety345
Fire Commissioner. The license shall expire on December 31 of each year. The Safety346
Fire Commissioner is authorized and directed to promulgate safety regulations relating to347
the manufacture, storage, and transportation of fireworks within this state in order to ensure348
the adequate protection of the employees of any such person, firm, or corporation,349
association, or partnership and of the general public. The Safety Fire Commissioner is also350
further authorized and directed to promulgate safety regulations relating to the public351
exhibition or display of pyrotechnics fireworks or pyrotechnics exhibitions or displays352
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before a proximate audience and the licensing requirements of those conducting such353
public fireworks or pyrotechnics exhibitions or displays before a proximate audience, as354
he or she deems necessary. The Safety Fire Commissioner is further authorized and355
directed to conduct periodic inspections of the facilities of any person, firm, or corporation,356
association, or partnership manufacturing, storing, and transporting fireworks as provided357
in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order358
to ensure compliance with fire safety rules and regulations.359
(b) The annual license fee for any person, firm, corporation, association, or partnership360
conducting public exhibitions or displays of fireworks or using special effects under Code361
Section 25-10-3.2 shall be $500.00 per year, payable to the Safety Fire Commissioner. The362
license shall expire on December 31 of each year. The Safety Fire Commissioner is363
authorized and directed to promulgate safety regulations relating to public exhibitions or364
displays of fireworks and the licensing requirements of those conducting such public365
exhibitions or displays of fireworks, as he or she deems necessary. The Safety Fire366
Commissioner is further authorized and directed to promulgate safety regulations relating367
to the use of special effects and the licensing requirements of those using such special368
effects, as he or she deems necessary."369
SECTION 10.370
Said title is further amended in Code Section 25-10-8, relating to penalty for violations of371
chapter, by adding a new subsection and revising subsection (b) as follows:372
"(b) Any person, firm, corporation, association, or partnership that violates subsection (a)373
of Code Section 25-10-2 shall be guilty of a felony and shall be punished pursuant to Code374
Section 16-7-23 and shall also be subject to a monetary penalty of not more than375
$10,000.00.376
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(b)(c) Any person, firm, corporation, association, or partnership that violates any other377
provision of this chapter shall be guilty of a misdemeanor and shall be subject to monetary378
penalties as provided for in Code Section 25-10-9."379
SECTION 11.380
Said title is further amended by revising Code Section 25-10-9, relating to penalty for illegal381
use or sale of fireworks, as follows:382
"25-10-9.383
Notwithstanding any provision of this chapter to the contrary, the Safety Fire384
Commissioner shall have the authority to subject any person, firm, corporation, association,385
or partnership that knowingly violates this chapter to a monetary penalty of up to $2,500.00386
for each and every act in violation of this chapter; provided, however, that the Safety Fire387
Commissioner shall have the authority to subject any person, firm, corporation, association,388
or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane389
structure to a monetary penalty of up to $5,000.00 and, if any such person, firm,390
corporation, association, or partnership is a distributor, then a license revocation for not391
more than two years. Each sales transaction in violation of this chapter shall be a separate392
offense."393
SECTION 12.394
Said title is further amended by revising Code Section 25-10-10, relating to prohibition on395
release of certain fire-propelled devices into the air and certain floating lantern devices into396
public water locations, as follows:397
"25-10-10.398
(a) It shall be unlawful for any person, firm, corporation, association, or partnership to sell399
or offer for sale or release or cause to be released any balloon, bag, parachute, or other400
similar device which requires fire underneath for propulsion or to release or cause to be401
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released any floating water lantern or wish lantern which uses a flame to create a lighting402
effect in any public waterway, lake, pond, stream, or river.403
(b) It shall be unlawful for any person, firm, corporation, association, or partnership to404
release or cause to be released any floating water lantern which uses a flame to create a405
lighting effect in any public waterway, lake, pond, stream, or river."406
SECTION 13.407
Said title is further amended in Code Section 25-15-16, relating to exceptions from article408
and exemptions from inspection and certificate requirements relative to regulation of boilers409
and pressure vessels, by revising paragraphs (13) through (15) of subsection (a) as follows:410
"(13) Boilers and pressure vessels operated and maintained as a part of a manufacturing411
process; provided, however, that any person, firm, partnership, or corporation operating412
such a boiler or pressure vessel has insurance or is self-insured and such boiler or413
pressure vessel is regularly inspected in accordance with the minimum requirements for414
safety as defined in the ASME Code by an inspector who has been issued a certificate of415
competency by the Commissioner in accordance with the provisions of Code416
Section 25-15-19;417
(14)(13) Boilers and pressure vessels operated and maintained by a public utility; and418
(15)(14) Autoclaves used only for the sterilization of reusable medical or dental419
implements in the place of business of any professional licensed by the laws of this state."420
SECTION 14.421
Said title is further amended by revising Code Section 25-15-18, relating to deputy inspectors422
for boilers and pressure vessels, as follows:423
"25-15-18.424
The Commissioner may employ deputy inspectors who shall be responsible to the chief425
inspector and who shall have, had at the time of appointment not:426
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(1)(A) Not less than three years' experience in the construction, installation, inspection,427
operation, maintenance, or repair of high pressure boilers and pressure vessels as a428
mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and429
who shall have passed; or430
(B) Successfully completed a nationally recognized program which provides adequate431
experience in the field that has been approved by the Commissioner through rule or432
regulation; and433
(2) Passed the examination provided for in Code Section 25-15-20."434
SECTION 15.435
Said title is further amended in Code Section 25-15-23, relating to inspections of boilers and436
pressure vessels, by revising subparagraph (b)(1)(D) as follows:437
"(D) Pressure vessels subject to internal corrosion shall receive a certificate inspection438
triennially biannually with an internal inspection at the discretion of the inspector. 439
Pressure vessels not subject to internal corrosion shall receive a certificate of inspection440
at intervals set by the office; and"441
SECTION 16.442
Chapter 22 of Title 45 of the Official Code of Georgia Annotated, relating to public443
employee hazardous chemical protection and right to know, is amended in Code444
Section 45-22-2, relating to definitions, by revising paragraphs (15) through (20) and adding445
a new paragraph to read as follows:446
"(15) 'Material safety data sheet' means the document prepared by manufacturers in447
accordance with the requirements of the Occupational Safety and Health Administration448
standard, 29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) and containing the449
following information:450
(A) The chemical name and the common name of the hazardous chemical;451
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(B) The hazards or other risks in the use of the hazardous chemical, including:452
(i) The potential for fire, explosion, corrosivity, and reactivity;453
(ii) The known acute and chronic health effects of risks from exposure, including the454
medical conditions which are generally recognized as being aggravated by exposure455
to the hazardous chemical; and456
(iii) The primary routes of entry and the symptoms of overexposure;457
(C) The proper precautions, handling practices, necessary personal protective458
equipment, and other safety precautions in the use of or exposure to the hazardous459
chemicals, including appropriate emergency treatment in case of overexposure;460
(D) The emergency procedures for spills, fire, disposal, and first aid;461
(E) A description in lay terms of the known specific potential health risks posed by the462
hazardous chemical intended to alert any person reading this information; and463
(F) The year and month, if available, that the information was compiled and the name,464
address, and emergency telephone number of the manufacturer responsible for465
preparing the information.466
(16)(15) 'Mixture' means any combination of two or more chemicals, if the combination467
is not, in whole or in part, the result of a chemical reaction.468
(17)(16) 'Occupational Safety and Health Administration standard' means the Hazard469
Communication Standard issued by the Occupational Safety and Health Administration,470
29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) in effect as of January 1, 2024.471
(18)(17) 'Person' means any individual, natural person, public or private corporation,472
incorporated association, government, government agency, partnership, or unincorporated473
association.474
(19)(18) 'Physical hazard' means a chemical for which there is scientifically valid475
evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an476
organic peroxide, an oxidizer, pyrophoric, unstable (reactive), or water reactive.477
(20)(19) 'Produce' means to manufacture, process, formulate, or repackage.478
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(20) 'Safety data sheet' means the document prepared by manufacturers in accordance479
with the requirements of Section 1920.1220(g) and Appendix D of the Occupational480
Safety and Health Administration standard."481
SECTION 17.482
Said chapter is further amended by revising Code Section 45-22-4, relating to responsibility483
of public contractors who introduce hazardous materials into workplace, as follows:484
"45-22-4.485
A public contractor who introduces hazardous materials into the workplace shall agree, and486
include a statement, in all bids, agreements, contracts, or other instrument instruments to487
the effect that such contractor shall be responsible for compliance with the provisions of488
this chapter for persons employed by such contractor utilized under such contract. Any489
such public contractor who introduces hazardous chemicals into the workplace shall490
provide material safety data sheets for such chemicals to all employees using them such491
hazardous chemicals and instruction in handling, emergency procedures, and disposal prior492
to introducing such hazardous chemicals. This Code section shall not be construed to place493
responsibility on any person, firm, or corporation other than public contractors."494
SECTION 18.495
Said chapter is further amended by revising Code Section 45-22-7, relating to material safety496
data sheets, notice to employees, and rights of employees, as follows:497
"45-22-7.498
(a) The manufacturer, importer, or distributor of any hazardous chemical shall prepare a499
material safety data sheet which, to the best knowledge of the manufacturer, importer, or500
distributor, is current, accurate, and complete, based on information then reasonably501
available to the manufacturer, importer, or distributor, and provide a copy of the material502
safety data sheet to employers who purchase such hazardous chemicals and an electronic503
S. B. 417
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copy to the department annually in a written or electronic format. Such safety data sheet504
shall be maintained by the employer for a period of not less than three years.505
(b) Any person who produces a mixture may, for the purposes of this Code section,506
prepare and use a mixture material safety data sheet, subject to the provisions of507
subsection (j) of this Code section.508
(c) A manufacturer, importer, distributor, or employer may provide the information509
required by this Code section on an entire mixture, instead of on each hazardous chemical510
in it, when all of the following conditions exist:511
(1) Toxicity test information exists on the mixture itself or adequate information exists512
to form a valid judgment of the hazardous properties of the mixture itself and the material513
safety data sheet indicates that the information presented and the conclusions drawn are514
from some source other than direct test data on the mixture itself, and that a material515
safety data sheet on each constituent hazardous chemical identified on the material safety516
data sheet is available upon request;517
(2) Provision of information on the mixture will be as effective in protecting employee518
health as information on the ingredients;519
(3) The hazardous chemicals in the mixture are identified on the material safety data520
sheet unless it is unfeasible to describe all the ingredients in the mixture, provided that521
the reason why the hazardous chemicals in the mixture are not identified shall be stated522
on the material safety data sheet; and523
(4) A single mixture material safety data sheet may be provided for more than one524
formulation of a product mixture if the information provided does not vary for the525
formulation.526
(d) A manufacturer, importer, or distributor who is responsible for preparing and527
transmitting a material safety data sheet under the provisions of this Code section shall528
revise such material safety data sheet on a timely basis, as appropriate to the importance529
of any new information which would affect the contents of the existing material safety data530
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sheet, and in any event within three months of such information becoming available to the
531
manufacturer, importer, or distributor. Each such manufacturer, importer, or distributor532
shall provide a copy of the material
safety data sheet to employers who have purchased533
such hazardous chemicals and an electronic copy to the department in a written or534
electronic format. Such safety data sheet shall be maintained by the employer for a period535
of not less than three years.536
(e) Any person subject to the provisions of this Code section shall be relieved of the537
obligation to provide a direct purchaser of a hazardous chemical with a material safety data538
sheet if:539
(1) He or she has a record of having provided the direct purchaser with the most recent540
version of the material safety data sheet;541
(2) The chemical is labeled pursuant to:542
(A) The federal Atomic Energy Act; or543
(B) The federal Resource Conservation and Recovery Act; or544
(3) The article is one sold at retail and is incidentally sold to an employer or the545
employer's employees in the same form, approximate amount, concentration, and manner546
as it is sold to consumers, and, to the seller's knowledge, employee exposure to the article547
is not significantly greater than the consumer exposure occurring during the principal548
consumer use of the article.549
(f) If an employer is not supplied with a material safety data sheet by a manufacturer,550
importer, or distributor for a hazardous chemical subject to this Code section, such551
employer shall, within a reasonable amount of time after discovering that a material safety552
data sheet has not been supplied, use diligent efforts to obtain such material safety data553
sheet from the manufacturer, importer, or distributor. For purposes of this subsection Code554
section, 'diligent efforts' means a prompt inquiry by the employer to the manufacturer,555
importer, or distributor of the hazardous chemicals; provided, however, that an independent556
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contractor or subcontractor shall be responsible for obtaining the material safety data sheet557
for his or her employees in the workplace of another.558
(g) If after having used diligent efforts, an employer still fails to obtain a material safety559
data sheet, such employer shall notify the department of the employer's inability to obtain560
such material safety data sheet.561
(g) The department shall be authorized to punish any manufacturer, importer, or distributor562
of a hazardous chemical that violates this Code section by imposition of a monetary 563
penalty not to exceed $1,000.00 for each day that such manufacturer, importer, or564
distributor of a hazardous chemical subject to this Code section has not provided the565
employer with the safety data sheet.566
(h) An employer who has used diligent efforts and who has made a documented567
notification to the department pursuant to this Code section shall not be found in violation568
of this Code section with respect to the material safety data sheet which was not supplied569
by the manufacturer, importer, or distributor as required by this Code section.570
(i) Every employer who manufactures, produces, uses, applies, or stores hazardous571
chemicals in the workplace shall post a notice as prescribed by rule or regulation572
promulgated by the department in a place where notices are normally posted, informing573
employees of their rights under this chapter.574
(j) Every employer who manufactures, produces, uses, applies, or stores hazardous575
chemicals in the workplace shall maintain a material safety data sheet for each hazardous576
chemical which is present in such workplace. All material safety data sheets shall be577
readily available in the workplace in a written or electronic format; provided, however, that578
employers who maintain one or more work areas which are not fixed at specific geographic579
locations shall be authorized to maintain material safety data sheets for each hazardous580
chemical used in such work area at a central location.581
(k)(1) A material safety data sheet may be kept in any form, including operations582
procedures, and may be designed to cover groups of hazardous chemicals in a work area583
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where it may be appropriate to address the hazards of a process rather than individual
584
hazardous chemicals. The employer shall ensure that in all cases the required information585
is provided for each hazardous chemical, and is readily accessible during each workshift586
to employees when they are in their work area; provided, however, that employers who587
maintain one or more work areas which are not fixed at specific geographic locations588
shall be authorized to maintain material
safety data sheets for each hazardous chemical589
used in such work area at a central location.590
(2) Any employee may request in writing and shall have the right to examine and obtain591
the material safety data sheets for the hazardous chemicals to which he or she is, has592
been, or may be exposed. The employer shall provide any material safety data sheet593
within its possession within five of the requesting employee's working days, subject to594
the provisions of subsection (g) (f) of this Code section. The employer may adopt595
reasonable procedures for acting upon such requests to avoid interruption of normal work596
operations.597
(3) An independent contractor or subcontractor working in the workplace of another598
employer may request in writing and shall have the right to examine the material safety599
data sheets for the hazardous chemicals to which such contractor, subcontractor, or600
employees thereof are, have been, or may be exposed. The employer shall provide any601
material safety data sheet within its possession within five of the requesting independent602
contractor's or subcontractor's working days, subject to the provisions of subsection (g)603
(f) of this Code section. The employer may adopt reasonable procedures for acting upon604
such requests to avoid interruption of normal work operations.605
(4) If an employee who has requested a material safety data sheet pursuant to this chapter606
has not received such material safety data sheet within five of the requesting employee's607
working days, subject to the provisions of subsection (g) (f) of this Code section, that608
employee may refuse to work with the chemical for which he or she has requested the609
material safety data sheet until such material safety data sheet is provided by the610
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employer; provided, however, that nothing contained in this paragraph shall be construed
611
to permit any employee to refuse to perform essential services, as such term is defined612
by rule or regulation; provided, further, that nothing in this paragraph shall be construed613
to interfere with the right of the employer to transfer an employee who so refuses to work614
to other duties until such material
safety data sheet is provided, and such a transfer shall615
not to be considered as a discriminatory act under Code Section 45-22-10. No pay,616
position, seniority, or other benefits shall be lost for exercise of any right provided by this617
chapter as a result of such a transfer.618
(l) No employer shall discharge or otherwise discriminate against an employee for the619
employee's assertion of the employee's rights under this chapter.620
(m) For the purposes of this Code section, an employer, independent contractor, or621
subcontractor shall maintain material safety data sheets for their own workplaces only;622
provided, however, that employees of such independent contractor or subcontractor, insofar623
as they are exposed in the course of their employment to hazardous chemicals in other624
workplaces, shall have the right to examine material safety data sheets for those chemicals625
to which they are exposed from the workplace employer through a written request to their626
own employer as provided in paragraph (2) of subsection (k) of this Code section. 627
Nothing contained in this chapter shall be construed to require an employer to conduct628
studies to develop new information."629
SECTION 19.630
Said chapter is further amended in Code Section 45-22-8, relating to information and training631
standards, by revising subsections (a) and (b) as follows:632
"(a) Each employer shall be required to comply with the minimum information standards633
set forth in this subsection. Each employee shall be informed of:634
(1) The requirements of this Code section;635
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(2) What a material safety data sheet is and the contents of the material safety data sheet636
for any hazardous chemical to which he or she is exposed, or equivalent information,637
either in written form or through training programs;638
(3) Any operations in his or her work area where hazardous chemicals are present;639
(4) The location and availability of training programs;640
(5) His or her right to receive information regarding hazardous chemicals to which he641
or she may be exposed;642
(6) His or her right for his or her physician to receive information regarding hazardous643
chemicals to which the employee may be exposed; and644
(7) His or her right against discharge or other discrimination due to the employee's645
exercise of the rights provided by this chapter.646
(b) In addition to providing the information required by subsection (a) of this Code647
section, each employer shall be required to provide a training program for all employees648
who are exposed to hazardous chemicals in the normal course of their employment. When649
training employees who are exposed to hazardous chemicals, the employer shall explain650
any physical or health hazards associated with the use of the chemical or mixture; proper651
precautions for handling, necessary personal protective equipment, or other safety652
precautions necessary to prevent or minimize exposure to the hazardous chemical; methods653
of observation that may be used to detect the presence or release of a hazardous chemical654
in a work area, including, but not limited to, spot check monitoring, continuous monitoring,655
or methods of visual or olfactory detection; the labeling system and the material safety data656
sheet, and how employees can obtain and use the appropriate hazard information; and657
emergency procedures for spills, fire, disposal, and first aid. This information may relate658
to an entire class of hazardous chemicals to the extent appropriate and related to the job. 659
Whenever any employer receives a new or revised material safety data sheet, such660
information shall be provided to employees on a timely basis not to exceed 30 days after661
receipt, if the new information indicates significantly increased risks to or measures662
S. B. 417
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necessary to protect employee health as compared to those stated on a material safety data663
sheet previously provided."664
SECTION 20.665
Said chapter is further amended by revising Code Section 45-22-9, relating to publication by666
employers of list of hazardous chemicals in workplace, as follows:667
"45-22-9.668
Each employer shall publish, On and after July 1, 1989, each employer shall publish in669
print or electronically in January and July of each year, a list of hazardous chemicals that670
its employees use or are exposed to in the workplace. Such list shall be in written or671
electronic format and available for public inspection at the workplace office. A672
comprehensive list of all hazardous chemicals used by the employer shall also be available673
for public inspection at the employer's state headquarters."674
SECTION 21.675
All laws and parts of laws in conflict with this Act are repealed.676
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