Bill Text: GA SB446 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Fire Protection and Safety; buildings; transfer certain functions; Dept. of Labor and Commissioner of Labor to the Office of Safety Fire Commissioner and Safety Fire Commissioner
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2012-05-02 - Effective Date [SB446 Detail]
Download: Georgia-2011-SB446-Comm_Sub.html
Bill Title: Fire Protection and Safety; buildings; transfer certain functions; Dept. of Labor and Commissioner of Labor to the Office of Safety Fire Commissioner and Safety Fire Commissioner
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2012-05-02 - Effective Date [SB446 Detail]
Download: Georgia-2011-SB446-Comm_Sub.html
12 LC 28
6250S
The
House Committee on Governmental Affairs offers the following substitute to SB
446:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 2 of Title 8, Title 25, and Title 34 of the Official
Code of Georgia Annotated, relating to buildings generally, fire protection and
safety, and labor and industrial relations, respectively, so as to transfer
certain functions relating to elevators, dumbwaiters, escalators, manlifts, and
moving walks, boilers and pressure vessels, amusement rides, carnival rides, and
scaffolding and staging from the Department of Labor and Commissioner of Labor
to the office of Safety Fire Commissioner and Safety Fire Commissioner; to
remove bond requirements for certain personnel; to make conforming amendments
and correct cross-references relative to the foregoing; to provide for transfers
of personnel, facilities, equipment, and appropriations; to provide for other
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
25 of the Official Code of Georgia Annotated, relating to fire protection and
safety, is amended by adding a new chapter to read as follows:
"CHAPTER
15
ARTICLE 1
ARTICLE 1
25-15-1.
(a)
The office of Safety Fire Commissioner shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Labor in
effect on June 30, 2012, or scheduled to go into effect on or after July 1,
2012, and which relate to the functions transferred to the office of Safety Fire
Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of
Title 8 and shall further succeed to any rights, privileges, entitlements,
obligations, and duties of the Department of Labor in effect on June 30, 2012,
which relate to the functions transferred to the office of Safety Fire
Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of
Title 8. Such rules, regulations, policies, procedures, and administrative
orders shall remain in effect until amended, repealed, superseded, or nullified
by the office of Safety Fire Commissioner by proper authority or as otherwise
provided by law.
(b)
Any proceedings or other matters pending before the Department of Labor or
Commissioner of Labor on June 30, 2012, which relate to the functions
transferred to the office of Safety Fire Commissioner pursuant to this chapter
and Part 6 of Article 1 of Chapter 2 of Title 8 shall be transferred to the
office of Safety Fire Commissioner on July 1, 2012.
(c)
The rights, privileges, entitlements, obligations, and duties of parties to
contracts, leases, agreements, and other transactions as identified by the
Office of Planning and Budget entered into before July 1, 2012, by the
Department of Labor which relate to the functions transferred to the office of
Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of
Chapter 2 of Title 8 shall continue to exist; and none of these rights,
privileges, entitlements, obligations, and duties are impaired or diminished by
reason of the transfer of the functions to the office of Safety Fire
Commissioner. In all such instances, the office of Safety Fire Commissioner
shall be substituted for the Department of Labor, and the office of Safety Fire
Commissioner shall succeed to the rights and duties under such contracts,
leases, agreements, and other transactions.
(d)
All persons employed by the Department of Labor in capacities which relate to
the functions transferred to the office of Safety Fire Commissioner pursuant to
this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 on June 30, 2012,
shall, on July 1, 2012, become employees of the office of Safety Fire
Commissioner in similar capacities, as determined by the Commissioner of
Insurance. Such employees shall be subject to the employment practices and
policies of the office of Safety Fire Commissioner on and after July 1, 2012,
but the compensation and benefits of such transferred employees shall not be
reduced as a result of such transfer. Employees who are subject to the rules of
the State Personnel Board and thereby under the State Personnel Administration
and who are transferred to the office shall retain all existing rights under the
State Personnel Administration. Accrued annual and sick leave possessed by the
transferred employees on June 30, 2012, shall be retained by such employees as
employees of the office of Safety Fire Commissioner.
(e)
On July 1, 2012, the office of Safety Fire Commissioner shall receive custody of
the state owned real property in the custody of the Department of Labor on June
30, 2012, and which pertains to the functions transferred to the office of
Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of
Chapter 2 of Title 8.
(f)
The Safety Fire Commissioner shall provide a report to the House Committee on
Governmental Affairs and the Senate Government Oversight Committee prior to the
first day of the 2013 regular session of the Georgia General Assembly outlining
the effects and results of this Code section and providing information on any
problems or concerns with respect to the implementation of this Code
section."
SECTION
2.
Title
34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations,
is amended by revising Chapter 11, relating to regulation of boilers and pressure vessels, and redesignating it as a new article of Chapter 15 of Title 25 as follows:
is amended by revising Chapter 11, relating to regulation of boilers and pressure vessels, and redesignating it as a new article of Chapter 15 of Title 25 as follows:
"CHAPTER
11
ARTICLE
2
34-11-1.
25-15-10.
This
chapter
article
shall be known and may be cited as the 'Boiler and Pressure Vessel Safety Act'
and, except as otherwise provided in this
chapter
article,
shall apply to all boilers and pressure vessels.
34-11-2.
25-15-11.
As
used in this
chapter
article,
the term:
(1)
Reserved.
(2)
'Boiler' means a closed vessel in which water or other liquid is heated, steam
or vapor is generated, or steam is superheated or in which any combination of
these functions is accomplished, under pressure or vacuum, for use externally to
itself, by the direct application of energy from the combustion of fuels or from
electricity, solar, or nuclear energy. The term 'boiler' shall include fired
units for heating or vaporizing liquids other than water where these units are
separate from processing systems and are complete within themselves. The term
'boiler' is further defined as follows:
(A)
'Heating boiler' means a steam or vapor boiler operating at pressures not
exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160
psig or temperatures not exceeding 250 degrees Fahrenheit.
(B)
'High pressure, high temperature water boiler' means a water boiler operating at
pressures exceeding 160 psig or temperatures exceeding 250 degrees
Fahrenheit.
(C)
'Power boiler' means a boiler in which steam or other vapor is generated at a
pressure of more than 15 psig.
(3)(2)
'Certificate of inspection' means an inspection, the report of which is used by
the chief inspector to determine whether or not a certificate as provided by
subsection (c) of Code Section
34-11-15
25-15-24
may be issued.
(4)(3)
'Commissioner' means the
Commissioner
of Labor
Safety Fire
Commissioner.
(5)
'Department' means the Department of Labor.
(4)
'Office' means the office of Safety Fire Commissioner.
(6)(5)
'Pressure vessel' means a vessel other than those vessels defined in
paragraph (2)(1)
of this Code section in which the pressure is obtained from an external source
or by the application of heat.
34-11-3.
25-15-12.
The
Commissioner shall be authorized to consult with persons knowledgeable in the
areas of construction, use, or safety of boilers and pressure vessels and to
create committees composed of such consultants to assist the Commissioner in
carrying out his or her duties under this
chapter
article.
34-11-4.
25-15-13.
(a)(1)
The
Department
of Labor
office
shall formulate definitions, rules, and regulations for the safe construction,
installation, inspection, maintenance, and repair of boilers and pressure
vessels in this state.
(2)
The definitions, rules, and regulations so formulated for new construction shall
be based upon and at all times follow the generally accepted nation-wide
engineering standards, formulas, and practices established and pertaining to
boiler and pressure vessel construction and safety; and the
Department
of Labor
office
may adopt an existing published codification thereof, known as the Boiler and
Pressure Vessel Code of the American Society of Mechanical Engineers, with the
amendments and interpretations thereto made and approved by the council of the
society, and may likewise adopt the amendments and interpretations subsequently
made and published by the same authority. When so adopted, the same shall be
deemed to be incorporated into and shall constitute a part of the whole of the
definitions, rules, and regulations of the
Department
of Labor
office.
Amendments and interpretations to the code so adopted shall be effective
immediately upon being promulgated, to the end that the definitions, rules, and
regulations shall at all times follow the generally accepted nation-wide
engineering standards.
(3)
The
Department
of Labor
office
shall formulate the rules and regulations for the inspection, maintenance, and
repair of boilers and pressure vessels which were in use in this state prior to
the date upon which the first rules and regulations under this
chapter
article
pertaining to existing installations become effective or during the 12 month
period immediately thereafter. The rules and regulations so formulated shall be
based upon and at all times follow generally accepted nation-wide engineering
standards and practices and may adopt sections of the Inspection Code of the
National Board of Boiler and Pressure Vessel Inspectors or API 510 of the
American Petroleum Institute, as applicable.
(b)
The rules and regulations and any subsequent amendments thereto formulated by
the
Department
of Labor
office
shall, immediately following a hearing upon not less than 20 days' notice as
provided in this
chapter
article,
be approved and published and when so promulgated shall have the force and
effect of law, except that the rules applying to the construction of new boilers
and pressure vessels shall not become mandatory until 12 months after their
promulgation by the
Department
of Labor
office.
Notice of the hearing shall give the time and place of the hearing and shall
state the matters to be considered at the hearing. Such notice shall be given to
all persons directly affected by such hearing. In the event all persons directly
affected are unknown, notice may be perfected by publication in a newspaper of
general circulation in this state at least 20 days prior to such
hearing.
(c)
Subsequent amendments to the rules and regulations adopted by the
Department
of Labor
office
shall be permissive immediately and shall become mandatory 12 months after their
promulgation.
34-11-5.
25-15-14.
No
boiler or pressure vessel which does not conform to the rules and regulations of
the
Department
of Labor
office
governing new construction and installation shall be installed and operated in
this state after 12 months from the date upon which the first rules and
regulations under this
chapter
article
pertaining to new construction and installation shall have become effective,
unless the boiler or pressure vessel is of special design or construction and is
not inconsistent with the spirit and safety objectives of such rules and
regulations, in which case a special installation and operating permit may at
its discretion be granted by the
Department
of Labor
office.
34-11-6.
25-15-15.
(a)
The maximum allowable working pressure of a boiler carrying the ASME Code symbol
or of a pressure vessel carrying the ASME or API-ASME symbol shall be determined
by the applicable sections of the code under which it was constructed and
stamped. Subject to the concurrence of the enforcement authority at the point of
installation, such a boiler or pressure vessel may be rerated in accordance with
the rules of a later edition of the ASME Code and in accordance with the rules
of the National Board Inspection Code or API 510, as applicable.
(b)
The maximum allowable working pressure of a boiler or pressure vessel which does
not carry the ASME or the API-ASME Code symbol shall be computed in accordance
with the Inspection Code of the National Board of Boiler and Pressure Vessel
Inspectors.
(c)
This
chapter
article
shall not be construed as in any way preventing the use, sale, or reinstallation
of a boiler or pressure vessel referred to in this Code section, provided it has
been made to conform to the rules and regulations of the
department
office
governing existing installations and provided, further, that it has not been
found upon inspection to be in an unsafe condition.
34-11-7.
25-15-16.
(a)
This
chapter
article
shall not apply to the following boilers and pressure vessels:
(1)
Boilers and pressure vessels under federal control or under regulations of
Title 49 of
the Code of Federal Regulations, Parts 192 and
193
49 C.F.R. 192
and 193;
(2)
Pressure vessels used for transportation and storage of compressed or liquefied
gases when constructed in compliance with specifications of the United States
Department of Transportation and when charged with gas or liquid, marked,
maintained, and periodically requalified for use, as required by appropriate
regulations of the United States Department of Transportation;
(3)
Pressure vessels located on vehicles operating under the rules of other state or
federal authorities and used for carrying passengers or freight;
(4)
Air tanks installed on the right of way of railroads and used directly in the
operation of trains;
(5)
Pressure vessels that do not exceed:
(A)
Five cubic feet in volume and 250 psig pressure; or
(B)
One and one-half cubic feet in volume and 600 psig pressure; or
(C)
An inside diameter of six inches with no limitation on pressure;
(6)
Pressure vessels having an internal or external working pressure not exceeding
15 psig with no limit on size;
(7)
Pressure vessels with a nominal water-containing capacity of 120 gallons or less
for containing water under pressure, including those containing air, the
compression of which serves only as a cushion;
(8)
Pressure vessels containing water heated by steam or any other indirect means
when none of the following limitations are exceeded:
(A)
A heat input of 200,000 BTU per hour;
(B)
A water temperature of 210 degrees Fahrenheit; and
(C)
A nominal water-containing capacity of 120 gallons;
(9)
Hot water supply boilers which are directly fired with oil, gas, or electricity
when none of the following limitations are exceeded:
(A)
Heat input of 200,000 BTU per hour;
(B)
Water temperature of 210 degrees Fahrenheit; and
(C)
Nominal water-containing capacity of 120 gallons.
These
exempt hot water supply boilers shall be equipped with ASME-National Board
approved safety relief valves;
(10)
Pressure vessels in the care, custody, and control of research facilities and
used solely for research purposes which require one or more details of noncode
construction or which involve destruction or reduced life expectancy of those
vessels;
(11)
Pressure vessels or other structures or components that are not considered to be
within the scope of ASME Code, Section VIII;
(12)
Boilers and pressure vessels operated and maintained for the production and
generation of electricity; provided, however, that any person, firm,
partnership, or corporation operating such a boiler or pressure vessel has
insurance or is self-insured and such boiler or pressure vessel is regularly
inspected in accordance with the minimum requirements for safety as defined in
the ASME Code by an inspector who has been issued a certificate of competency by
the Commissioner in accordance with the provisions of Code Section
34-11-10
25-15-19;
(13)
Boilers and pressure vessels operated and maintained as a part of a
manufacturing process; provided, however, that any person, firm, partnership, or
corporation operating such a boiler or pressure vessel has insurance or is
self-insured and such boiler or pressure vessel is regularly inspected in
accordance with the minimum requirements for safety as defined in the ASME Code
by an inspector who has been issued a certificate of competency by the
Commissioner in accordance with the provisions of Code Section
25-15-19;
(14)
Boilers and pressure vessels operated and maintained by a public utility;
and
(15)
Autoclaves used only for the sterilization of reusable medical or dental
implements in the place of business of any professional licensed by the laws of
this state.
(b)
The following boilers and pressure vessels shall be exempt from the requirements
of subsections (b), (c), and (d) of Code Section
34-11-14
25-15-23
and Code Sections
34-11-15
25-15-24
and
34-11-16
25-15-26:
(1)
Boilers or pressure vessels located on farms and used solely for agricultural or
horticultural purposes;
(2)
Heating boilers or pressure vessels which are located in private residences or
in apartment houses of less than six family units;
(3)
Any pressure vessel used as an external part of an electrical circuit breaker or
transformer;
(4)
Pressure vessels on remote oil or gas-producing lease locations that have fewer
than ten buildings intended for human occupancy per 0.25 square mile and where
the closest building is at least 220 yards from any vessel;
(5)
Pressure vessels used for storage of liquid propane gas under the jurisdiction
of the state fire marshal, except for pressure vessels used for storage of
liquefied petroleum gas, 2,000 gallons or above, which have been modified or
altered; and
(6)
Air storage tanks not exceeding 16 cubic feet (120 gallons) in size and under
250 psig pressure.
34-11-8.
25-15-17.
(a)
The Commissioner may appoint to be chief inspector a citizen of this state or,
if not available, a citizen of another state, who shall have had at the time of
such appointment not less than five years' experience in the construction,
installation, inspection, operation, maintenance, or repair of high pressure
boilers and pressure vessels as a mechanical engineer, steam operating engineer,
boilermaker, or boiler inspector and who shall have passed the same kind of
examination as that prescribed under Code Section
34-11-11
25-15-20.
Such chief inspector may be removed for cause after due investigation by
the board
and its recommendation to the
Commissioner.
(b)
The chief inspector, if authorized by the Commissioner, is charged, directed,
and empowered:
(1)
To take action necessary for the enforcement of the laws of
the
this
state governing the use of boilers and pressure vessels to which this
chapter
article
applies and of the rules and regulations of the
department
office;
(2)
To keep a complete record of the name of each owner or user and his
or
her location and, except for pressure
vessels covered by an owner or user inspection service, the type, dimensions,
maximum allowable working pressure, age, and the last recorded inspection of all
boilers and pressure vessels to which
the
chapter
this
article applies;
(3)
To publish in print or electronically and make available to anyone requesting
them copies of the rules and regulations promulgated by the
department
office;
(4)
To issue or to suspend or revoke for cause inspection certificates as provided
for in Code Section
34-11-15
25-15-24;
and
(5)
To cause the prosecution of all violators of the provisions of this
chapter
article.
34-11-9.
25-15-18.
The
Commissioner may employ deputy inspectors who shall be responsible to the chief
inspector and who shall have had at the time of appointment not less than three
years' experience in the construction, installation, inspection, operation,
maintenance, or repair of high pressure boilers and pressure vessels as a
mechanical engineer, steam operating engineer, boilermaker, or boiler inspector
and who shall have passed the examination provided for in Code Section
34-11-11
25-15-20.
34-11-10.
25-15-19.
(a)
In addition to the deputy inspectors authorized by Code Section
34-11-9
25-15-18
the Commissioner shall, upon the request of any company licensed to insure and
insuring in this state boilers and pressure vessels or upon the request of any
company operating pressure vessels in this state for which the owner or user
maintains a regularly established inspection service which is under the
supervision of one or more technically competent individuals whose
qualifications are satisfactory to the
department
office
and causes
said
such
pressure vessels to be regularly inspected and rated by such inspection service
in accordance with applicable provisions of the rules and regulations adopted by
the
department
office
pursuant to Code Section
34-11-4
25-15-13,
issue to any inspectors of
said
such
insurance company certificates of competency as special inspectors and to any
inspectors of
said
such
company operating pressure vessels certificates of competency as owner or user
inspectors, provided that each such inspector before receiving
his
or
her certificate of competency shall
satisfactorily pass the examination provided for by Code Section
34-11-11
25-15-20
or, in lieu of such examination, shall hold a commission or a certificate of
competency as an inspector of boilers or pressure vessels for a state that has a
standard of examination substantially equal to that of this state or a
commission as an inspector of boilers and pressure vessels issued by the
National Board of Boiler and Pressure Vessel Inspectors. A certificate of
competency as an owner or user inspector shall be issued to an inspector of a
company operating pressure vessels in this state only if, in addition to meeting
the requirements stated in this Code section, the inspector is employed full
time by the company and is responsible for making inspections of pressure
vessels used or to be used by such company and which are not for
resale.
(b)
Such special inspectors or owner or user inspectors shall receive no salary from
nor shall any of their expenses be paid by the state, and the continuance of
their certificates of competency shall be conditioned upon their continuing in
the employ of the boiler insurance company duly authorized
as
aforesaid or in the employ of the company
so operating pressure vessels in this state and upon their maintenance of the
standards imposed by this
chapter
article.
(c)
Such special inspectors or owner or user inspectors may inspect all boilers and
pressure vessels insured or all pressure vessels operated by their respective
companies; and, when so inspected, the owners and users of such boilers and
pressure vessels shall be exempt from the payment to the state of the inspection
fees as prescribed in rules and regulations promulgated by the
Commissioner.
34-11-11.
25-15-20.
The
examination for chief, deputy, special, or owner or user inspectors shall be in
writing and shall be held by the
board
office
or by an examining board appointed in accordance with the requirements of the
National Board of Boiler and Pressure Vessel Inspectors, with at least two
members present at all times during the examination. Such examination shall be
confined to questions the answers to which will aid in determining the fitness
and competency of the applicant for the intended service and may be those
prepared by the National Board of Boiler and Pressure Vessel Inspectors. In case
an applicant fails to pass the examination, he
or
she may appeal to the
board
office
for another examination which shall be given by the
board
office or the
appointed examining board after 90 days.
The record of an applicant's examination shall be accessible to
said
the
applicant and his
or
her employer.
34-11-12.
25-15-21.
(a)
An inspector's certificate of competency may be suspended by the Commissioner
after due investigation
and
recommendation by the office for the
incompetence or untrustworthiness of the holder thereof or for willful
falsification of any matter or statement contained in his or her application or
in a report of any inspection made by him or her. Written notice of any such
suspension shall be given by the Commissioner within not more than ten days
thereof to the inspector and his or her employer. A person whose certificate of
competency has been suspended shall be entitled to an appeal as provided in Code
Section
34-11-19
25-15-28
and to be present in person and to be represented by counsel at the hearing of
the appeal.
(b)
If the
department
office
has reason to believe that an inspector is no longer qualified to hold his or
her certificate of competency, the
department
office
shall provide written notice to the inspector and his or her employer of the
department
office's
determination and the right to an appeal as provided in Code Section
34-11-19
25-15-28.
If, as a result of such hearing, the inspector has been determined to be no
longer qualified to hold his or her certificate of competency, the Commissioner
shall thereupon revoke such certificate of competency forthwith.
(c)
A person whose certificate of competency has been suspended shall be entitled to
apply, after 90 days from the date of such suspension, for reinstatement of such
certificate of competency.
34-11-13.
25-15-22.
If
a certificate of competency is lost or destroyed, a new certificate of
competency shall be issued in its place without another
examination.
34-11-14.
25-15-23.
(a)
The Commissioner, the chief inspector, or any deputy inspector shall have free
access, during reasonable hours, to any premises in
the
this
state where a boiler or pressure vessel is being constructed for use in, or is
being installed in, this state for the purpose of ascertaining whether such
boiler or pressure vessel is being constructed and installed in accordance with
the provisions of this
chapter
article.
(b)(1)
On and after January 1, 1986, each boiler and pressure vessel used or proposed
to be used within this state, except for pressure vessels covered by an owner or
user inspection service as described in subsection (d) of this Code section or
except for boilers or pressure vessels exempt under Code Section
34-11-7
25-15-16
(owners and users may request to waive this exemption), shall be thoroughly
inspected as to their construction, installation, and condition as
follows:
(A)
Power boilers and high pressure, high temperature water boilers shall receive a
certificate inspection annually which shall be an internal inspection where
construction permits;
otherwise,
it shall be as complete an inspection as possible. Such boilers shall also be
externally inspected while under pressure, if possible;
(B)
Low pressure steam or vapor heating boilers shall receive a certificate
inspection biennially with an internal inspection every four years where
construction permits;
(C)
Hot water heating and hot water supply boilers shall receive a certificate
inspection biennially with an internal inspection at the discretion of the
inspector;
(D)
Pressure vessels subject to internal corrosion shall receive a certificate
inspection triennially with an internal inspection at the discretion of the
inspector. Pressure vessels not subject to internal corrosion shall receive a
certificate of inspection at intervals set by the
board
office;
and
(E)
Nuclear vessels within the scope of this
chapter
article
shall be inspected and reported in such form and with such appropriate
information as the
board
office
shall designate.
(2)
A grace period of two months beyond the periods specified in subparagraphs (A)
through (D) of this paragraph may elapse between certificate
inspections.
(3)
The
department
office
may provide for longer periods between certificate inspection in its rules and
regulations.
(4)
Under the provisions of this
chapter
article,
the
department
office
is responsible for providing for the safety of life, limb, and property and
therefore has jurisdiction over the interpretation and application of the
inspection requirements as provided for in the rules and regulations which it
has promulgated. The person conducting the inspection during construction and
installation shall certify as to the minimum requirements for safety as defined
in the ASME Code. Inspection requirements of operating equipment shall be in
accordance with generally accepted practice and compatible with the actual
service conditions, such as:
(A)
Previous experience, based on records of inspection, performance, and
maintenance;
(B)
Location, with respect to personnel hazard;
(C)
Quality of inspection and operating personnel;
(D)
Provision for related safe operation controls; and
(E)
Interrelation with other operations outside the scope of this
chapter
article.
Based
upon documentation of such actual service conditions by the owner or user of the
operating equipment, the
board
office
may, in its discretion, permit variations in the inspection
requirements.
(c)
The inspections required in this
chapter
article
shall be made by the chief inspector, by a deputy inspector, by a special
inspector, or by an owner or user inspector provided for in this
chapter
article.
(d)
Owner or user inspection of pressure vessels is permitted, provided the owner or
user inspection service is regularly established and is under the supervision of
one or more individuals whose qualifications are satisfactory to the
board
office
and said owner or user causes the pressure vessels to be inspected in
conformance with the National Board Inspection Code or API 510, as
applicable.
(e)
If, at the discretion of the inspector, a hydrostatic test shall be deemed
necessary, it shall be made by the owner or user of the boiler or pressure
vessel.
(f)
All boilers, other than cast iron sectional boilers, and pressure vessels to be
installed in this state after the 12 month period from the date upon which the
rules and regulations of the
board
office
shall become effective shall be inspected during construction as required by the
applicable rules and regulations of the
board
office
by an inspector authorized to inspect boilers and pressure vessels in this state
or, if constructed outside of the state, by an inspector holding a commission
issued by the National Board of Boiler and Pressure Vessel
Inspectors.
34-11-15.
25-15-24.
(a)
Each company employing special inspectors shall, within 30 days following each
certificate inspection made by such inspectors, file a report of such inspection
with the chief inspector upon appropriate forms as promulgated by the
Commissioner. The filing of reports of external inspections, other than
certificate inspections, shall not be required except when such inspections
disclose that the boiler or pressure vessel is in a dangerous
condition.
(b)
Each company operating pressure vessels covered by an owner or user inspection
service meeting the requirements of subsection (a) of Code Section
34-11-10
25-15-19
shall maintain in its files an inspection record which shall list, by number and
such abbreviated description as may be necessary for identification, each
pressure vessel covered by this
chapter
article,
the date of the last inspection of each pressure vessel, and the approximate
date for the next inspection. The inspection record shall be available for
examination by the chief inspector or
his
the chief
inspector's authorized representative
during business hours.
(c)
If the report filed pursuant to subsection (a) of this Code section shows that a
boiler or pressure vessel is found to comply with the rules and regulations of
the
department
office,
the chief inspector, or his or her duly authorized representative, shall issue
to such owner or user an inspection certificate bearing the date of inspection
and specifying the maximum pressure under which the boiler or pressure vessel
may be operated. Such inspection certificate shall be valid for not more than 14
months from its date in the case of power boilers, 26 months in the case of
heating and hot water supply boilers, and 38 months in the case of pressure
vessels. In the case of those boilers and pressure vessels covered by
subparagraphs (b)(1)(A) through
(b)(1)(D)
of Code Section
34-11-14
25-15-23
for which the
department
office
has established or extended the operating
period between required inspections pursuant to the provisions of paragraphs (3)
and (4) of subsection (b) of Code Section
34-11-14
25-15-23,
the certificate shall be valid for a period of not more than two months beyond
the period set by the
department
office.
Certificates for boilers shall be posted under glass, or similarly protected, in
the room containing the boiler. Pressure vessel certificates shall be posted in
like manner, if convenient, or filed where they will be readily accessible for
examination.
(d)
No inspection certificate issued for an insured boiler or pressure vessel based
upon a report of a special inspector shall be valid after the boiler or pressure
vessel for which it was issued shall cease to be insured by a company duly
authorized by this state to provide such insurance.
(e)
The Commissioner or
his
the
Commissioner's authorized representative
may at any time suspend an inspection certificate after showing cause that the
boiler or pressure vessel for which it was issued cannot be operated without
menace to the public safety or when the boiler or pressure vessel is found not
to comply with the rules and regulations adopted pursuant to this
chapter
article.
Each suspension of an inspection certificate shall continue in effect until such
boiler or pressure vessel shall have been made to conform to the rules and
regulations of the
department
office
and until
said
such
inspection certificate shall have been reinstated.
(f)
The Commissioner or
his
the
Commissioner's authorized representative
may issue a written order for the temporary cessation of operation of a boiler
or pressure vessel if it has been determined after inspection to be hazardous or
unsafe. Operations shall not resume until such conditions are corrected to the
satisfaction of the Commissioner or his
or
her authorized
representative.
34-11-15.1.
25-15-25.
(a)
Boilers and pressure
vessels,
subject to operating certificate inspections by special,
or
owner,
or
user,
inspectors,
shall be inspected within 60 calendar days following the required reinspection
date. Inspections not performed within this 60 calendar day period shall result
in a civil penalty of $500.00 for each boiler or pressure vessel not
inspected.
(b)(1)
Inspection fees due on boiler and pressure vessels subject to inspection by the
chief or deputy inspectors or operating certificate fees due from inspections
performed by special, or owner or user, inspectors shall be paid within 60
calendar days of completion of such inspections.
(2)
Inspection fees or operating certificate fees unpaid within 60 calendar days
shall bear interest at the rate of 1.5 percent per month or any fraction of a
month. Interest shall continue to accrue until all amounts due, including
interest, are received by the Commissioner.
(c)
The Commissioner may waive the collection of the penalties and interest assessed
as provided in subsections (a) and (b) of this Code section when it is
reasonably determined that the delays in inspection or payment were unavoidable
or due to the action or inaction of the
department
office.
34-11-16.
25-15-26.
After
12 months for power boilers, 24 months for low pressure steam heating, hot water
heating, and hot water supply boilers, and 36 months for pressure vessels
following July 1, 1984, it
It
shall be unlawful for any person, firm, partnership, or corporation to operate
in this state a boiler or pressure vessel, except a pressure vessel covered by
owner or user inspection service as provided for in Code Section
34-11-15
25-15-24,
without a valid inspection certificate. The operation of a boiler or pressure
vessel without such inspection certificate or at a pressure exceeding that
specified in such inspection certificate or in violation of this
chapter
article
shall constitute a misdemeanor.
34-11-17.
25-15-27.
The
owner or user of a boiler or pressure vessel required by this
chapter
article
to be inspected by the chief inspector or
his
a
deputy inspector shall pay directly to the chief inspector, upon completion of
inspection, fees as prescribed in rules and regulations promulgated by the
Commissioner; provided, however, that, with respect to pressure vessel
certificates of inspection, such fees shall not exceed $10.00 per annum. The
chief inspector shall transfer all fees so received to the general fund of the
state treasury. All funds so deposited in the state treasury are authorized to
be appropriated by the General Assembly to the
Commissioner
of Labor
Safety Fire
Commissioner.
34-11-18.
The
chief inspector shall furnish a bond in the sum of $5,000.00 and each of the
deputy inspectors employed and paid by the state shall furnish a bond in the sum
of $2,000.00 conditioned upon the faithful performance of their duties and upon
a true account of moneys handled by them, respectively, and the payment thereof
to the proper recipient.
34-11-19.
25-15-28.
(a)
Any person aggrieved by an order or an act of the Commissioner or the chief
inspector under this
chapter
article
may, within 15 days of notice thereof, request a hearing before an
administrative law judge of the
department
office
of State Administrative Hearings, as provided by Code Section
50-13-41.
(b)
Any person aggrieved by a decision of an administrative law judge may file an
appeal pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
34-11-20.
25-15-29.
No
county, municipality, or other political subdivision shall have the power to
make any laws, ordinances, or resolutions providing for the construction,
installation, inspection, maintenance, and repair of boilers and pressure
vessels within the limits of such county, municipality, or other political
subdivision; and any such laws, ordinances, or resolutions
heretofore
made or passed shall be void and of no
effect.
34-11-21.
25-15-30.
Neither
this
chapter
article
nor any provision of this
chapter
article
shall be construed to place any liability on the State of Georgia, the
department
office,
or the Commissioner with respect to any claim by any person, firm, or
corporation relating in any way whatsoever to boilers and pressure vessels and
any injury or damages arising therefrom.
34-11-22.
In
the event any Code section, subsection, sentence, clause, or phrase of this
chapter shall be declared or adjudged invalid or unconstitutional, such
adjudication shall in no manner affect the other Code sections, subsections,
sentences, clauses, or phrases of this chapter, which shall remain of full force
and effect, as if the Code section, subsection, sentence, clause, or phrase so
declared or adjudged invalid or unconstitutional were not originally a part
hereof. The General Assembly declares that it would have passed the remaining
parts of this chapter if it had known that such part or parts hereof would be
declared or adjudged invalid or
unconstitutional."
SECTION
3.
Said
title is further amended by revising Chapter 12, relating to amusement ride
safety, and redesignating it as a new article of Chapter 15 of Title 25 to read
as follows:
"CHAPTER
12
ARTICLE
3
34-12-1.
25-15-50.
This
chapter
article
shall be known and may be cited as the 'Amusement Ride Safety Act.'
34-12-2.
25-15-51.
As
used in this
chapter
article,
the term:
(1)
Reserved.
(2)(1)
'Amusement ride' means any mechanical device, other than those regulated by the
Consumer Products Safety Commission, which carries or conveys passengers along,
around, or over a fixed or restricted route or course or within a defined area
for the purpose of giving its passengers amusement, pleasure, thrills, or
excitement. Such term shall not include any such device which is not permanently
fixed to a site.
(3)(2)
'Authorized person' means a competent person experienced and instructed in the
work to be performed who has been given the responsibility to perform his
or
her duty by the owner or his
or
her representative.
(3.1)(3)
'Certificate fee' means the fee charged by the
department
office
for a certificate to operate an amusement ride.
(4)
'Certificate of inspection' means a certificate issued by a licensed inspector
that an amusement ride meets all relevant provisions of this
chapter
article
and the standards and regulations adopted pursuant thereto.
(5)
'Commissioner' means the
Commissioner
of Labor
Safety Fire
Commissioner.
(6)
'Department' means the Department of Labor, which is designated to enforce the
provisions of this chapter and to formulate and enforce standards and
regulations.
(7)(6)
'Licensed inspector' means a registered professional engineer or any other
person who is found by the
department
office
to possess the requisite training and experience to perform competently the
inspections required by this
chapter
article
and who is licensed by the
department
office
to perform inspections of amusement rides.
(8)(7)
'Operator' means a person or persons actually engaged in or directly controlling
the operation of an amusement ride.
(8)
'Office' means the office of Safety Fire Commissioner, which is designated to
enforce the provisions of this article and to formulate and enforce standards
and regulations.
(9)
'Owner' means a person, including the state or any of its subdivisions, who owns
an amusement ride or, in the event that the amusement ride is leased, the
lessee.
(10)
'Permit' means a permit to operate an amusement ride issued to an owner by the
department
office.
(11)
'Permit fee' means the fee charged by the
department
office
for a permit to operate an amusement ride.
(12)
'Standards and regulations' means those standards and regulations formulated and
enforced by the
department
office.
34-12-3.
25-15-52.
The
Commissioner shall be authorized to consult with persons knowledgeable in the
area of the amusement ride industry and to create committees composed of such
consultants to assist the Commissioner in carrying out his or her duties under
this
chapter
article.
34-12-4.
Reserved.
34-12-5.
25-15-53.
(a)
The
department
office
shall formulate standards and regulations, or changes to such standards and
regulations, for the safe assembly, disassembly, repair, maintenance, use,
operation, and inspection of all amusement rides. The standards and regulations
shall be reasonable and based upon generally accepted engineering standards,
formulas, and practices pertinent to the industry. Formulation and promulgation
of such standards and regulations shall be subject to Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.' It is recognized that risks
presented to the general public by amusement rides which are frequently
assembled and disassembled are different from those presented by amusement rides
which are not frequently assembled and disassembled. Accordingly, the
department
office
is authorized to formulate different standards and regulations with regard to
such differing classes of amusement rides.
(b)
The
department
office
shall:
(1)
Enforce all standards and regulations;
(2)
License inspectors for authorization to inspect amusement rides;
(3)
Issue permits upon compliance with this
chapter
article
and such standards and regulations adopted pursuant to this
chapter
article;
and
(4)
Establish a fee schedule for the issuance of permits for amusement
rides.
34-12-6.
25-15-54.
The
department
office
may license such private inspectors as may be necessary to carry out the
provisions of this
chapter
article.
34-12-7.
25-15-55.
(a)
No amusement ride shall be operated, except for purposes of testing and
inspection, until a permit for its operation has been issued by the
department
office.
The owner of an amusement ride shall apply for a permit to the
department
office
on a form furnished by the
department
office
providing such information as the
department
office
may require.
(b)
No such application shall be complete without including a certificate of
inspection from a licensed inspector that the amusement ride meets all relevant
provisions of this
chapter
article
and the standards and regulations adopted pursuant thereto. The cost of
obtaining the certificate of inspection from a licensed inspector shall be borne
by the owner or operator.
34-12-8.
25-15-56.
(a)
All amusement rides shall be inspected annually, and may be inspected more
frequently, by a licensed inspector at the owner's or operator's expense. If
the amusement ride meets all relevant provisions of this
chapter
article
and the standards and regulations adopted pursuant to this
chapter
article,
the licensed inspector shall provide to the owner or operator a certificate of
inspection. All new amusement rides shall be inspected before commencing public
operation.
(b)
Amusement rides and attractions may be required to be inspected by an authorized
person each time they are assembled or disassembled in accordance with
regulations and standards established under this
chapter
article.
34-12-9.
25-15-57.
The
department
office
may waive the requirement of subsection (a) of Code Section
34-12-8
25-15-56
if the owner of an amusement ride gives satisfactory proof to the
department
office
that the amusement ride has passed an inspection conducted by a federal agency
or by another state whose standards and regulations for the inspection of such
an amusement ride are at least as stringent as those adopted pursuant to this
chapter
article.
34-12-10.
25-15-58.
The
department
office
shall issue a permit to operate an amusement ride to the owner thereof upon
successful completion of a safety inspection of the amusement ride conducted by
a licensed inspector and upon receiving an application for permit with a
certificate of insurance. The permit shall be valid for the calendar year in
which issued.
34-12-11.
25-15-59.
The
owner shall maintain up-to-date maintenance, inspection, and repair records
between inspection periods for each amusement ride in accordance with such
standards and regulations as are adopted pursuant to this
chapter
article.
Such records shall contain a copy of all inspection reports commencing with the
last annual inspection, a description of all maintenance performed, and a
description of any mechanical or structural failures or operational breakdowns
and the types of actions taken to rectify these conditions.
34-12-12.
25-15-60.
No
person shall be permitted to operate an amusement ride unless he
or
she is at least 16 years of age. An
operator shall be in attendance at all times that an amusement ride is in
operation and shall operate no more than one amusement ride at any given
time.
34-12-13.
25-15-61.
The
owner of the amusement ride shall report to the
department
office
any accident resulting in a fatality or an injury requiring immediate inpatient
overnight hospitalization incurred during the operation of any amusement ride.
The report shall be in writing, shall describe the nature of the occurrence and
injury, and shall be mailed by first-class mail no later than the close of the
next business day following the accident. Accidents resulting in a fatality
shall also be reported immediately to the
department
office
in person or by phone in accordance with regulations adopted by the
department
office.
34-12-14.
25-15-62.
(a)
No person shall operate an amusement ride unless at the time there is in
existence:
(1)
A policy of insurance in an appropriate amount determined by regulation insuring
the owner and operator (if an independent contractor) against liability for
injury to persons arising out of the operation of the amusement
ride;
(2)
A bond in a like amount; provided, however, that the aggregate liability of the
surety under such bond shall not exceed the face amount thereof; or
(3)
Cash or other security acceptable to the
department
office.
(b)
Regulations under this
chapter
article
shall permit appropriate deductibles or self-insured retention amounts to such
policies of insurance. The policy or bond shall be procured from one or more
insurers or sureties acceptable to the
department
office.
34-12-15.
25-15-63.
If
any person would incur practical difficulties or unnecessary hardships in
complying with the standards and regulations adopted pursuant to this
chapter
article,
or if any person is aggrieved by any order issued by the
department
office,
the person may make a written application to the
department
office
stating his or
her grounds and applying for a variance.
The
department
office
may grant such a variance in the spirit of the provisions of this
chapter
article
with due regard to
the
public safety. The granting or denial of a variance by the
department
office
shall be in writing and shall describe the conditions under which the variance
is granted or the reasons for denial. A record shall be kept of all variances
granted by the
department
office
and such record shall be open to inspection by the public.
34-12-16.
25-15-64.
This
chapter
article
shall not apply to any single-passenger coin operated amusement ride on a
stationary foundation or to playground equipment such as swings, seesaws,
slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live
rides.
34-12-17.
25-15-65.
This
chapter
article
shall not be construed so as to prevent the use of any existing amusement ride
found to be in a safe condition and to be in conformance with the standards and
regulations adopted pursuant to this
chapter
article.
Owners of amusement rides in operation on or before the effective date of this
chapter
article
shall comply with the provisions of this
chapter
article
and the standards and regulations adopted pursuant to this
chapter
article
within six months after the adoption of
said
such
standards and regulations.
34-12-18.
25-15-66.
(a)
The Commissioner or
his
the
Commissioner's authorized representative
may issue a written order for the temporary cessation of operation of an
amusement ride if it has been determined after inspection to be hazardous or
unsafe. Operations shall not resume until such conditions are corrected to the
satisfaction of the Commissioner or
his
the
Commissioner's authorized
representative.
(b)
In the event that an owner or operator knowingly allows the operation of an
amusement ride after the issuing of a temporary cessation, the Commissioner or
his
the
Commissoner's authorized representative
may initiate in the superior court any action for an injunction or writ of
mandamus upon the petition of the district attorney or Attorney General. An
injunction, without bond, may be granted by the superior court to the
Commissioner for the purpose of enforcing this
chapter
article.
(c)(1)
Any person, firm, partnership, or corporation violating the provisions of this
chapter
article
shall be guilty of a misdemeanor. Each day of violation shall constitute a
separate offense.
(2)
In addition to the penalty provisions in paragraph (1) of this subsection, the
Commissioner shall have the power, after notice and hearing, to levy civil
penalties as prescribed in the rules and regulations of the
department
office
in an amount not to exceed $5,000.00 upon any person, firm, partnership, or
corporation failing to adhere to the requirements of this
chapter
article
and the rules and regulations promulgated under this
chapter
article.
The imposition of a penalty for a violation of this
chapter
article
or the rules and regulations promulgated under this
chapter
article
shall not excuse the violation or permit it to continue.
34-12-19.
25-15-67.
The
owner or operator of an amusement ride may deny entry to a person to an
amusement ride if in the owner's or operator's opinion the entry may jeopardize
the safety of such person or the safety of any other person. Nothing in this
Code section
will
shall
permit an owner or operator to deny an inspector access to an amusement ride
when such inspector is acting within the scope of his
or
her duties under this
chapter
article.
34-12-20.
25-15-68.
Neither
this
chapter
article
nor any provision of this
chapter
article
shall be construed to place any liability on the State of Georgia, the
department
office,
or the Commissioner with respect to any claim by any person, firm, or
corporation relating in any way whatsoever to amusement rides and any injury or
damages arising therefrom.
34-12-21.
25-15-69.
No
county, municipality, or other political subdivision shall have the power to
pass ordinances, resolutions, or other requirements regulating the construction,
installation, inspection, maintenance, repair, or operation of amusement rides
within the limits of such county, municipality, or other political subdivision.
Any such ordinances, resolutions, or other requirements
heretofore
passed shall be void and of no effect;
provided, however, that the provisions of this Code section shall not apply to
local zoning ordinances or ordinances regulating location, siting requirements,
or other development standards or conditions relative to amusement rides or
their time of operation or noise levels generated. Nothing in this
chapter
article
preempts the imposition of regulatory fees or occupation taxes imposed by
counties and municipalities pursuant to Chapter 13 of Title
48."
SECTION
4.
Said
title is further amended by revising Chapter 13, relating to carnival ride
safety, and redesignating it as a new article of Chapter 15 of Title 25, as
follows:
"CHAPTER
13
ARTICLE
4
34-13-1.
25-15-80.
This
chapter
article
shall be known and may be cited as the 'Carnival Ride Safety Act.'
34-13-2.
25-15-81.
As
used in this
chapter
article,
the term:
(1)
Reserved.
(2)(1)
'Authorized person' means a competent person experienced and instructed in the
work to be performed who has been given the responsibility to perform his
or
her duty by the owner or the owner's
representative.
(3)(2)
'Carnival ride' means any mechanical device, other than amusement rides
regulated under
Chapter
12
Article
3 of this
title
chapter,
known as the 'Amusement Ride Safety Act,' which carries or conveys passengers
along, around, or over a fixed or restricted route or course or within a defined
area for the purpose of giving its passengers amusement, pleasure, thrills, or
excitement. Such term shall not include any such device which is permanently
fixed to a site.
(3.1)(3)
'Certificate fee' means the fee charged by the
department
office
for a certificate to operate a carnival ride.
(4)
'Certificate of inspection' means a certificate issued by a licensed inspector
that a carnival ride meets all relevant provisions of this
chapter
article
and the standards and regulations adopted pursuant thereto.
(5)
'Commissioner' means the
Commissioner
of Labor
Safety Fire
Commissioner.
(6)
'Department' means the Department of Labor, which is designated to enforce the
provisions of this chapter and to formulate and enforce standards and
regulations.
(7)(6)
'Licensed inspector' means a registered professional engineer or any other
person who is found by the
department
office
to possess the requisite training and experience to perform competently the
inspections required by this
chapter
article
and who is licensed by the
department
office
to perform inspections of carnival rides.
(7)
'Office' means the office of Safety Fire Commissioner, which is designated to
enforce the provisions of this article and to formulate and enforce standards
and regulations.
(8)
'Operator' means a person or persons actually engaged in or directly controlling
the operation of a carnival ride.
(9)
'Owner' means a person, including the state or any of its subdivisions, who owns
a carnival ride or, in the event that the carnival ride is leased, the
lessee.
(10)
'Permit' means a permit to operate a carnival ride issued to an owner by the
department
office.
(11)
'Permit fee' means the fee charged by the
department
office
for a permit to operate a carnival ride.
(12)
'Standards and regulations' means those standards and regulations formulated and
enforced by the
department
office.
34-13-3.
25-15-82.
The
Commissioner shall be authorized to consult with persons knowledgeable in the
area of the carnival ride industry and to create committees composed of such
consultants to assist the Commissioner in carrying out his or her duties under
this
chapter
article.
34-13-4.
Reserved.
34-13-5.
25-15-83.
(a)
The
department
office
shall formulate standards and regulations, or changes to such standards and
regulations, for the safe assembly, disassembly, repair, maintenance, use,
operation, and inspection of all carnival rides. The standards and regulations
shall be reasonable and based upon generally accepted engineering standards,
formulas, and practices pertinent to the industry. Formulation and promulgation
of such standards and regulations shall be subject to Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.'
No rule,
regulation, or standard promulgated or adopted pursuant to this chapter article
shall become effective prior to January 1, 1987.
(b)
The
department
office
shall:
(1)
Enforce all standards and regulations;
(2)
License inspectors for authorization to inspect carnival rides; and
(3)
Issue permits upon compliance with this
chapter
article
and such standards and regulations adopted pursuant to this
chapter
article.
(c)
The owner or operator of a carnival ride required to be inspected shall pay fees
as prescribed in rules and regulations promulgated by the Commissioner. The
chief inspector shall transfer all fees so received to the general fund of the
state treasury. All funds so deposited in the state treasury are authorized to
be appropriated by the General Assembly to the
Commissioner
of Labor
Safety Fire
Commissioner.
34-13-6.
25-15-84.
The
department
office
may license such private inspectors as may be necessary to carry out the
provisions of this
chapter
article.
34-13-7.
25-15-85.
No
carnival ride shall be operated in any calendar year, except for purposes of
testing and inspection, until a permit for its operation has been issued by the
department
office.
The owner of a carnival ride shall apply for a permit to the
department
office
on a form furnished by the
department
office,
providing such information as the
department
office
may require.
34-13-8.
25-15-86.
All
carnival rides and attractions shall be inspected annually and may be inspected
more frequently by
the Office
of Safety Engineering of the department
a licensed
inspector at the owner's or operator's
expense. If the carnival ride meets all relevant provisions of this
chapter
article
and the standards and regulations adopted pursuant to this
chapter
article,
the licensed inspector shall provide to the owner or operator a certificate of
inspection. All new carnival rides shall be inspected before commencing public
operation.
34-13-9.
25-15-87.
The
department
office
may waive the requirement of Code Section
34-13-8
25-15-86
if the owner of a carnival ride gives satisfactory proof to the
department
office
that the carnival ride has passed an inspection conducted by a federal agency or
by another state whose standards and regulations for the inspection of such a
carnival ride are at least as stringent as those adopted pursuant to this
chapter
article.
34-13-10.
25-15-88.
The
department
office
shall issue a permit to operate a carnival ride to the owner thereof upon
successful completion of a safety inspection by a licensed inspector, upon
completion by the owner of the application for a permit, and upon presentation
of a certificate of inspection or waiver thereof by the
department
office.
The permit shall be valid for the calendar year in which issued.
34-13-11.
25-15-89.
The
owner shall maintain up-to-date maintenance, inspection, and repair records
between inspection periods for each carnival ride in accordance with such
standards and regulations as are adopted pursuant to this
chapter
article.
Such records shall contain a copy of all inspection reports commencing with the
last annual inspection, a description of all maintenance performed, and a
description of any mechanical or structural failures or operational breakdowns
and the types of actions taken to rectify these conditions.
34-13-12.
25-15-90.
(a)
No person shall be permitted to operate a carnival ride unless he
or
she is at least 16 years of age. An
operator shall be in attendance at all times that a carnival ride is in
operation and shall operate no more than one carnival ride at any given
time.
(b)
No carnival ride shall be operated at standards below those recommended by the
manufacturer of such carnival ride or below the standards adopted or variants
approved by the
department
office,
whichever is greater.
34-13-13.
25-15-91.
The
owner of the carnival ride shall report to the
department
office
any accident incurred during the operation of any carnival ride resulting in a
fatality or an injury requiring medical attention from a licensed medical
facility. The report shall be in writing, shall describe the nature of the
occurrence and injury, and shall be delivered in person or mailed by first-class
mail no later than the close of the next business day following the accident.
Accidents resulting in a fatality shall also be reported immediately to the
department
office
in person or by phone in accordance with
regulations adopted by the
department
office.
34-13-14.
25-15-92.
(a)
No person shall operate a carnival ride unless at the time there is in
existence:
(1)
A policy of insurance in an amount not less than $1 million (if an independent
contractor) against liability for injury to persons arising out of the operation
of the carnival ride;
(2)
A bond in a like amount; provided, however, that the aggregate liability of the
surety under such bond shall not exceed the face amount thereof; or
(3)
Cash or other security acceptable to the
department
office.
(b)
Regulations under this
chapter
article
shall permit appropriate deductibles or self-insured retention amounts to such
policies of insurance. The policy or bond shall be procured from one or more
insurers or sureties acceptable to the
department
office.
34-13-15.
25-15-93.
If
any person would incur practical difficulties or unnecessary hardships in
complying with the standards and regulations adopted pursuant to this
chapter
article,
or if any person is aggrieved by any order issued by the
department
office,
the person may make a written application to the
department
office
stating his or
her grounds and applying for a variance.
The
department
office
may grant such a variance in the spirit of the provisions of this
chapter
article
with due regard to
the
public safety. The granting or denial of a variance by the
department
office
shall be in writing and shall describe the conditions under which the variance
is granted or the reasons for denial. A record shall be kept of all variances
granted by the
department
office
and such record shall be open to inspection by the public.
34-13-16.
25-15-94.
This
chapter
article
shall not apply to any single-passenger coin operated carnival ride on a
stationary foundation or to playground equipment such as swings, seesaws,
slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live
rides.
34-13-17.
25-15-95.
This
chapter
article
shall not be construed so as to prevent the use of any existing carnival ride
found to be in a safe condition and to be in conformance with the standards and
regulations adopted pursuant to this
chapter
article.
Owners of
carnival rides in operation on or before March 26, 1986, shall comply with the
provisions of this chapter and the standards and regulations adopted pursuant to
this chapter within six months after the adoption of said standards and
regulations.
34-13-18.
25-15-96.
(a)
The Commissioner or
his
the
Commissioner's authorized representative
may issue a written order for the temporary cessation of operation of a carnival
ride if it has been determined after inspection to be hazardous or unsafe.
Operations shall not resume until such conditions are corrected to the
satisfaction of the Commissioner or
his
the
Commissioner's authorized
representative.
(b)
In the event that an owner or operator knowingly allows the operations of a
carnival ride after the issuing of a temporary cessation, the Commissioner or
his
the
Commissioner's authorized representative
may initiate in the superior court any action for an injunction or writ of
mandamus upon the petition of the district attorney or Attorney General. An
injunction, without bond, may be granted by the superior court to the
Commissioner for the purpose of enforcing this
chapter
article.
(c)(1)
Any person, firm, partnership, or corporation violating the provisions of this
chapter
article
shall be guilty of a misdemeanor. Each day of violation shall constitute a
separate offense.
(2)
In addition to the penalty provisions in paragraph (1) of this subsection, the
Commissioner shall have the power, after notice and hearing, to levy civil
penalties as prescribed in the rules and regulations of the
department
office
in an amount not to exceed $5,000.00 upon any person, firm, partnership, or
corporation failing to adhere to the requirements of this
chapter
article
and the rules and regulations promulgated under this
chapter
article.
The imposition of a penalty for a violation of this
chapter
article
or the rules and regulations promulgated under this
chapter
article
shall not excuse the violation or permit it to continue.
34-13-19.
25-15-97.
The
owner or operator of a carnival ride may deny entry to a person to a carnival
ride if in the owner's or operator's opinion the entry may jeopardize the safety
of such person or the safety of any other person. Nothing in this Code section
will
shall
permit an owner or operator to deny an inspector access to a carnival ride when
such inspector is acting within the scope of his
or
her duties under this
chapter
article.
34-13-20.
25-15-98.
(a)
The owner or operator of a carnival ride shall post a clearly visible sign at
the location of each ride and at the location of tickets sales for each ride
which states any age, weight, or height requirements of the ride which are
necessary as a safeguard against injury.
(b)
It shall be unlawful for any owner or operator to permit entry to a carnival
ride to any person who does not meet the posted age, size, and weight
requirements for such ride.
34-13-21.
25-15-99.
The
owner of any itinerant carnival ride which is located within
the
this
state
must
shall
continuously maintain in this state a registered agent of
record,
which agent
who
may be an individual who resides in the state and whose business address is
identical with the address of the owner's required office.
34-13-22.
25-15-100.
Neither
this
chapter
article
nor any provision of this
chapter
article
shall be construed to place any liability on the State of Georgia, the
department
office
, or the Commissioner with respect to any
claim by any person, firm, or corporation relating in any way whatsoever to
carnival rides and any injury or damages arising therefrom.
34-13-23.
25-15-101.
No
county, municipality, or other political subdivision shall have the power to
pass ordinances, resolutions, or other requirements regulating the construction,
installation, inspection, maintenance, repair, or operation of carnival rides
within the limits of such county, municipality, or other political subdivision.
Any such ordinances, resolutions, or other requirements
heretofore
passed shall be void and of no effect;
provided, however, that the provisions of this Code section shall not apply to
local zoning ordinances or ordinances regulating location, siting requirements,
or other development standards or conditions relative to carnival rides or their
time of operation or noise levels generated. Nothing in this
chapter
article
preempts the imposition of regulatory fees or occupation taxes imposed by
counties and municipalities pursuant to Chapter 13 of Title
48."
SECTION
5.
Said
title is further amended by reserving the Chapter 11, Chapter 12, and Chapter 13
designations.
SECTION
6.
Said
title is further amended by revising Code section 34-1-1, relating to
requirements for scaffolding and staging design and inspection by the
Commissioner, and redesignating it as a part of a new article of Chapter 15 of
Title 25, as follows:
"ARTICLE
5
"34-1-1.
25-15-110.
(a)(1)
All scaffolding or staging
that
is swung or suspended from an overhead
support or erected with stationary
supports,
which scaffolding or staging
and
is suspended or rises 30 feet or more above the
ground,
shall have a safety rail properly attached, bolted, braced, and otherwise
secured; and
the,
which safety rail shall rise at least 34
inches above the floor or main portions of such scaffolding or staging and
extend for the full length of such staging and along the ends thereof with only
such openings as may be necessary for the delivery of materials being used on
such scaffold or staging. Such scaffolding or staging shall also be so fastened
as to prevent it from swaying from the building or structure. However, this
paragraph shall not apply to any scaffolding or staging which is wholly within
the interior of a building or other structure and which covers the entire floor
space therein.
(2)
It shall be unlawful for any person to employ or direct others to perform labor
of any kind in the erecting, demolishing, repairing, altering, cleaning, or
painting of a building or other structure without first having furnished proper
protection to such person so employed or directed, as provided in paragraph (1)
of this subsection.
(b)
All scaffolding or staging shall be so constructed that it will bear at least
four times the weight required to be hanging therefrom or placed thereon when in
use.
(c)(1)
The
Commissioner
of Labor
Safety Fire
Commissioner, upon receipt of any
complaint, shall make or cause to be made an immediate inspection of the
scaffold, or mechanical device connected therewith, concerning which complaint
has been made.
(2)
The Commissioner shall attach to every scaffold, staging, mechanism, or
mechanical device inspected by him
or
her a certificate bearing
his
the
Commissioner's name and the date of
inspection,
on
which
and
the certificate
he
shall plainly state whether he
or
she has found the scaffolding, staging, or
mechanical device 'safe' or 'unsafe.'
(3)
If the
Commissioner
of Labor
Commissioner
finds any scaffolding, staging, or mechanical device complained of to be unsafe,
he
the
Commissioner shall at once notify in
writing the person responsible for the erection and maintenance of the
scaffolding, staging, or mechanical device that
he
the
Commissioner has found it to be unsafe.
Such notice may be served personally upon the person responsible under the law
or may be perfected by affixing such notice in a conspicuous place on the
scaffold, staging, or mechanical device found unsafe. The manner of service
shall be within the discretion of the
Commissioner
of Labor
Commissioner.
The Commissioner shall then prohibit the use of such scaffolding, staging, or
mechanical device by any person until all danger has been removed or until it
has been made to comply with the terms of this Code section by alteration,
reconstruction, demolition, or replacement, as the Commissioner may
direct.
(d)
Any person who willfully, knowingly, and persistently continues the use of a
scaffold, staging, or other mechanical device in violation of any provision of
this Code section shall be guilty of a misdemeanor."
SECTION
7.
Said
title is further amended by reserving the Code Section 34-1-1
designation.
SECTION
8.
Article
1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to
buildings generally, is amended by revising Part 6, relating to elevators,
dumbwaiters, escalators, manlifts and moving walks, as follows:
"Part
6
8-2-100.
As
used in this part, the term:
(1)
'Alteration' means any change or addition to the equipment other than ordinary
repairs or replacements.
(2)
'Commissioner' means the
Commissioner
of Labor
Safety Fire
Commissioner.
(3)
'Department' means the Department of Labor.
(4)(3)
'Dumbwaiter' means a hoisting and lowering mechanism which is equipped with a
car which moves in guides in a substantially vertical direction, the floor area
of which does not exceed nine square feet, the total inside height of which,
whether or not provided with fixed or removable shelves, does not exceed four
feet, the capacity of which does not exceed 500 pounds, and the use of which is
exclusively for carrying materials. Such term includes a power dumbwaiter and a
hand dumbwaiter.
(5)(4)(A)
'Elevator' means a hoisting and lowering mechanism designed to carry passengers
or authorized personnel and equipped with a car which moves in fixed guides and
serves two or more fixed landings.
(B)
Except as specifically provided in subsection (a) of Code Section 8-2-102,
'elevator' also means a freight elevator, gravity elevator, hand elevator,
inclined elevator, multideck elevator, observation elevator, passenger elevator,
power elevator, electric elevator, hydraulic elevator, direct-plunger hydraulic
elevator, electrohydraulic elevator, maintained pressure hydraulic elevator,
roped-hydraulic elevator, private residence elevator, and sidewalk
elevator.
(6)(5)
'Enforcement authority' means the Commissioner, officers, and inspectors of the
department
office
authorized to enforce the provisions of this part and local inspectors
authorized to enforce the provisions of this part.
(7)(6)
'Escalator' means a power driven, inclined, continuous stairway used for raising
or lowering passengers.
(8)(7)
'Hand dumbwaiter' means a dumbwaiter driven by manual power, serving more than
two consecutive stories, whose capacity exceeds 20 pounds and whose car platform
area exceeds two square feet.
(9)(8)
'Hand elevator' means an elevator utilizing manual power to move the
car.
(10)(9)
'Hoistway' means a shaftway or an opening through a building or structure for
the travel of elevators, dumbwaiters, or material lifts, extending from the pit
floor to the roof or floor above.
(11)(10)
'Manlift' means a device consisting of a power driven endless belt moving in one
direction only which is provided with steps or platforms and handholds attached
to it for the transportation of personnel from floor to floor.
(12)(11)
'Moving walk' means a type of passenger-carrying device on which passengers
stand or walk and in which the passenger-carrying surface remains parallel to
its direction of motion and is uninterrupted.
(12)
'Office' means the office of Safety Fire Commissioner.
(13)
'Power dumbwaiter' means a dumbwaiter driven by the application of energy other
than hand or gravity.
(14)
'Power freight elevator' means an elevator used primarily for carrying freight,
utilizing energy other than gravity or hand to move the car and on which only
the operator and the persons necessary for unloading and loading the freight are
permitted to ride.
(15)
'Power passenger elevator' means an elevator used primarily to carry persons
other than the operator and persons necessary for loading and unloading and
utilizing energy other than gravity or hand to move the car.
8-2-101.
(a)
Prior to
January 1, 1986, the owner or lessee of every existing elevator, escalator,
manlift, moving walk, and dumbwaiter shall register with the department or local
enforcement authority each such elevator, escalator, manlift, moving walk, or
dumbwaiter owned or operated by him, giving type, rated load and speed, name of
manufacturer, its location and the purpose for which it is used, and such other
information as the department or local enforcement authority may require. Such
registration shall be made on a form to be furnished by the department or local
enforcement authority on request. All
elevators, escalators, manlifts, moving walks, and dumbwaiters erected or placed
in service after January 1, 1986, shall be inspected before being placed in
service and shall be registered within 15 days after they are completed and
placed in service.
(b)
Every elevator, dumbwaiter, manlift, moving walk, and escalator shall be
maintained by the owner or lessee in a safe operating condition and in
conformity with the rules and regulations specified by subsection (b) of Code
Section 8-2-104.
(c)
Before any alteration can be made to any elevator, escalator, manlift, moving
walk, or dumbwaiter already placed in service, the owner or lessee shall be
required to notify the enforcement authority of any such alteration. The
enforcement authority shall be authorized to conduct an inspection after any
such alteration.
8-2-102.
(a)(1)
Power passenger elevators, power freight elevators, escalators, manlifts, and
moving walks shall be inspected once during each six-month period.
(2)
Hand elevators and power and hand dumbwaiters shall be inspected once during
each 12 month period.
(b)
Inspections and installations shall be made in accordance with the standards set
forth in Part 'X' of ANSI A17.1-1984, the American National Standard Practice
for Inspection of Elevators, Escalators and Moving Walks Inspector's Manual ANSI
A17.2, the Safety Standards for Manlifts ANSI A90.1-1976, the Safety Standard
for Construction Hoists ANSI A10.4-1981 and ANSI A10.5-1981, the Safety Standard
for Conveyors and Related Equipment ANSI B20.1-1984, or the latest revised rules
and regulations adopted by the Commissioner. Any inspections performed under
these codes shall cover the hoistway, associated equipment rooms, and access
thereto, and shall include lobby smoke detectors.
(c)
A report of any inspection required by this Code section shall be filed with the
department
office
if the inspection is made by a state enforcement authority or with the local
governing authority if the inspection is made by a local enforcement authority.
Copies of the reports for new installations shall also be filed with the state
fire marshal for his
or
her information. Such reports shall be
made within ten days after the inspection has been completed, on forms
prescribed by the Commissioner or the local enforcement authority, and shall
indicate whether the elevator, escalator, manlift, moving walk, or dumbwaiter is
safe and whether it meets the applicable rules and regulations prescribed
pursuant to subsection (b) of Code Section 8-2-104. After any such report is
filed, the enforcement authority may require additional inspections to assure
that any such elevator, escalator, manlift, moving walk, or dumbwaiter meets
such rules and regulations.
(d)
If any inspection report indicates that an elevator, escalator, manlift, moving
walk, or dumbwaiter is in an unsafe condition which if continually operated may
endanger lives or property, then the enforcement authority may, at its
discretion, require the owner or lessee to discontinue the use thereof until it
has been made safe and in conformity with the rules and regulations specified in
subsection (b) of Code Section 8-2-104.
(e)
Elevator contractors who perform installations, alterations, repairs, or
modifications on elevators, escalators, power freight elevators, moving walks,
manlifts, or dumbwaiters, including the hoistways and machine rooms, shall be
exempt from the requirements of Code
Section
Sections
43-14-8 and
Code
Section 43-14-8.1.
(f)
Private residence elevators shall be exempt from mandatory periodic inspections
but shall be required to have an initial construction inspection as provided in
the rules and regulations of the Commissioner. At the request of the owner or
user of a private residence elevator, an inspection may be performed by the
department
office
and an inspection report issued. The
department
office
shall charge the person requesting the report a fee as set by the Commissioner
to cover actual expenses of the inspection.
8-2-103.
(a)
An operating report shall be issued by the enforcement authority if the
inspection report indicates that the elevator, escalator, manlift, moving walk,
or dumbwaiter complies with the applicable rules and regulations prescribed
pursuant to subsection (b) of Code Section 8-2-104 and upon payment of a permit
fee. Such permits shall be valid for a period of 12 months.
(b)
No elevator, escalator, manlift, moving walk, or dumbwaiter shall be operated by
the owner or lessee thereof unless a valid operating permit, or a limited
operating permit when permitted by the rules and regulations of the
Commissioner, has been issued.
(c)
The operating permit shall indicate whether it is issued for an elevator,
escalator, manlift, moving walk, or dumbwaiter, state the rated load and speed
and, in the case of an elevator, state whether the usage is for passengers or
freight. The operating permit shall be posted either conspicuously in the car
of an elevator or on the premises. The operating permit for an escalator,
manlift, moving walk, or a dumbwaiter shall be posted on the
premises.
(d)
If the enforcement authority has reason to believe that any owner or lessee to
whom an operating permit has been issued is not complying with the applicable
rules and regulations specified in subsection (b) of Code Section 8-2-104, it
shall so notify such owner or lessee and shall give notice of a date for a
hearing thereon to such owner or lessee. If, after such hearing, it shall find
that such owner or lessee is not complying with such rules and regulations, it
shall revoke such permit and require the owner or lessee to discontinue the use
of such elevator, escalator, manlift, moving walk, or power
dumbwaiter.
8-2-104.
(a)
The Commissioner shall be authorized to employ inspectors to carry out the
provisions of this part. The Commissioner shall also be authorized to certify
other qualified persons to carry out the provisions of this part, including
technically competent individuals of any company licensed to insure and insuring
elevators in this state and technically competent individuals of a regularly
established elevator inspection service. The Commissioner shall prescribe the
qualifications, authority, functions, and duties of such
inspectors.
(b)(1)(A)
The Commissioner shall by rules and regulations prescribe various inspection
fees and operating permit fees necessary to enable the state and local
enforcement authorities to carry out the provisions of this part.
(B)
The owners and users of elevators, dumbwaiters, escalators, manlifts, and moving
walks which are inspected by certified inspectors in private business or with
private corporations shall be exempt from the payment to the state or local
enforcement authorities of the inspection fees provided in subparagraph (A) of
this paragraph.
(2)
Elevators, dumbwaiters, escalators, manlifts, and moving walks subject to
operating permit inspections by private inspectors shall be inspected within 60
calendar days following the required reinspection date. Inspections not
performed within this 60 calendar day period shall result in a civil penalty of
$500.00 for each elevator, dumbwaiter, escalator, manlift, or moving walk not
inspected.
(3)
Inspection fees due on elevators, dumbwaiters, escalators, manlifts, and moving
walks subject to inspection by the chief or deputy inspectors or operating
permit fees due from inspections performed by private inspectors shall be paid
within 60 calendar days of completion of such inspections. Inspection fees or
operating fees unpaid within 60 calendar days shall bear interest at the rate of
1.5 percent per month or any fraction of a month. Interest shall continue to
accrue until all amounts due, including interest, are received by the
Commissioner.
(4)
The Commissioner may waive the collection of the penalties and interest assessed
in paragraphs (2) and (3) of this subsection when it is reasonably determined
that the delays in inspection or payment were unavoidable or due to the action
or inaction of the
department
office.
(c)
The American National Standard Safety Code for elevators, dumbwaiters,
escalators, and moving walks ANSI A17.1-1984 and the Safety Standards for
Manlifts ANSI A90.1-1976 are adopted as rules and regulations of the
Department
of Labor
office
for the purposes of this part until otherwise amended by rules and regulations
of the Commissioner.
(d)
In addition to the rules and regulations adopted pursuant to subsections (b) and
(c) of this Code section, the Commissioner shall be authorized to adopt such
rules and regulations as may be reasonably necessary to carry out the provisions
of this part.
(e)
The Commissioner shall also have the power in any particular case to grant
exceptions and variations from the literal requirements of the rules and
regulations adopted pursuant to subsection (c) of this Code section. Such
exceptions and variations shall be granted only in any particular case where it
is clearly evident that they are necessary to prevent undue hardship or where
the existing conditions prevent compliance with the literal requirements of the
rules and regulations. In no case shall any exception or variation be granted
unless, in the opinion of the Commissioner, reasonable safety will be secured
thereby.
8-2-105.
(a)
The governing body of any municipality or county which adopts at least the
minimum rules and regulations relative to inspections and safety standards for
elevators, escalators, manlifts, moving walks, and dumbwaiters as provided in
subsection (b) of Code Section 8-2-102 and subsection (c) of Code Section
8-2-104 shall have the power:
(1)
To adopt by ordinance or resolution any reasonable provisions for the
enforcement of such local standards adopted applicable to elevators, escalators,
manlifts, moving walks, and dumbwaiters, including procedural requirements,
provisions for hearings, provisions for appeals from decisions of local
inspectors, and any other provisions or procedures necessary to the proper
administration and enforcement of the requirements of such local
standards;
(2)
To provide for inspection of buildings or similar structures to ensure
compliance with the local standards;
(3)
To employ inspectors, including chief and deputy inspectors, and any other
personnel necessary for the proper enforcement of such standards, provided that
such inspectors meet the minimum qualifications of state inspectors and are
certified by the Commissioner pursuant to subsection (a) of Code Section
8-2-104;
(4)
To contract with other municipalities or counties adopting at least state
minimum standards, or with the state, to administer such standards and to
provide inspection and enforcement personnel and services necessary to ensure
compliance with the standards; and
(5)
To contract with any other county or municipality whereby the parties agree that
the inspectors of each contracting party may have jurisdiction to enforce the
local standards within the boundaries of the other contracting
party.
(b)
When a local enforcement authority conducts an inspection or issues an operating
permit as provided in this part, any inspection fee or operating permit fee due
shall be paid to the municipality or county employing the enforcement
authority.
8-2-106.
(a)
The owner or lessee shall report, by telephone, to the enforcement authority on
the same day or by noon on the next work day, excluding state holidays and
weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter
related accidents involving personal injury or death. The owner or lessee shall
also provide a written report of this accident within seven days.
(b)
The owner or lessee shall report, in writing, to the enforcement authority
within seven days, excluding state holidays and weekends, all elevator,
escalator, manlift, moving walk, or power dumbwaiter related accidents involving
structural damage to the elevator, escalator, manlift, moving walk, or power
dumbwaiter.
(c)
Any elevator, escalator, manlift, moving walk, or power dumbwaiter involved in
an accident described in subsection (a) or (b) of this Code section shall be
removed from service at the time of the accident. The equipment shall not be
repaired, altered, or placed back in service until inspected by a certified
inspector for the enforcement authority.
8-2-107.
(a)
The installation, alteration, maintenance, and operation of the facilities and
equipment regulated by or pursuant to the provisions of this part affect the
public interest, and such regulation is necessary for the protection of the
public health, safety, and welfare. Therefore, violations of this part or of
rules and regulations adopted by or pursuant to this part are a public nuisance,
harmful to the public health, safety, and welfare; and, in addition to other
remedies provided by law, the actions of the Commissioner, the
department
office,
or any local enforcement authority under this part shall be enforceable by
injunction properly applied for by the Commissioner or any other enforcement
authority in any court of Georgia having jurisdiction over the
defendant.
(b)(1)
Any person, firm, partnership, or corporation which violates this part shall be
guilty of a misdemeanor. Each day on which a violation occurs shall constitute
a separate offense.
(2)
In addition to the penalty provisions in subsection (a) of this Code section and
paragraph (1) of this subsection, the Commissioner shall have the power, after
notice and hearing, to levy civil penalties as prescribed in the rules and
regulations of the
department
office
in an amount not to exceed $5,000.00 upon any person, firm, partnership, or
corporation failing to adhere to the requirements of this part and the rules and
regulations promulgated under this part. The imposition of a penalty for a
violation of this part or the rules and regulations promulgated under this part
shall not excuse the violation or permit it to continue.
8-2-108.
(a)
Any person aggrieved by an order or an act of an inspector under this chapter
may, within 15 days of notice thereof, appeal from such order or act to the
Commissioner who shall, within 30 days thereafter, issue an appropriate order
either approving or disapproving said order or act. A copy of such order by the
Commissioner shall be given to all interested parties.
(b)
This part, as it applies to the Commissioner and the
department
office,
shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.'
8-2-109.
(a)
For the purpose of assisting the Commissioner in the adoption of rules and
regulations and in carrying out the provisions of this part, the Commissioner
shall consult with the Governor's Employment and Training Council provided for
in Code Section 34-14-1.
(b)
The Commissioner shall be authorized to consult with persons knowledgeable in
the areas of construction, use, or safety of conveyances or facilities covered
by this part and to create committees composed of such consultants
and members
of the Governor's Employment and Training
Council to assist the Commissioner in
carrying out his
or
her duties under this part.
8-2-109.1.
(a)
This part shall not apply to elevators located on vehicles operating under the
rules of other state or federal authorities and used for carrying passengers or
freight.
(b)
This part shall not apply to any single-seat, single-passenger chairlift located
in a building owned and operated by an incorporated or unincorporated nonprofit
organization organized and operated exclusively for educational, religious,
charitable, or other eleemosynary purposes.
(c)
Any county, municipality, or other political subdivision which adopts the
minimum rules and regulations as provided in Code Section 8-2-105 shall be
audited on a semiannual basis for compliance by the
Department
of Labor
office;
and any laws, ordinances, or resolutions in conflict with this part shall be
void and of no effect."
SECTION
9.
Code
Section 8-2-31, relating to effect of part relative to state building, plumbing,
and electrical codes, is amended by revising paragraph (2) of subsection (c) as
follows:
"(2)
Chapter 11
of Title 34
Article 2 of
Chapter 15 of Title 25, the 'Boiler Vessel
Safety Act';"
SECTION
10.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
11.
All
laws and parts of laws in conflict with this Act are repealed.