Ga. Comp. R. & Regs. R. 120-3-10-.03 - Administration
(1) Requirements
for License or Permit
(a) A License issued by
the State Fire Marshal shall be required for the following:
1. For the manufacture of any explosives and
blasting agents.
2. To purchase, to
offer for sale, sell, give away or otherwise convey, transport, store, possess,
or use (except as authorized for use under a Permit) any explosives or blasting
agents, including commercial stocks and the commercial use of smokeless
propellant, black powder, and small arms primers.
3. To maintain any facility for unloading,
reloading, or transshipment of explosives or blasting agents.
(b) Any individual that is issued
a license pursuant to these Rules and Regulations is not exempt from obtaining
any other license or permit that may be required by other government
agencies.
(c) A Permit issued by
the judge of the probate court or designated county official shall be valid
under the following conditions:
1. A Permit
shall be valid only for personal use and shall not be issued to individuals to
conduct commercial blasting or blasting for profit. Commercial blasting or
blasting for profit activities requires a license issued by the State Fire
Marshal's Office.
2. A Permit shall
be valid only for a single transaction and shall only be used in the county
where the permit is issued.
3. A
Permit shall be valid only for a single transaction and does not authorize
storage or transportation. All explosives listed on the Permit must be
purchased at one time and used on the day of purchase or returned to the vendor
the same day.
4. Explosives
purchased under a Permit shall be transported only by an explosives license
holder authorized for the transportation of explosives.
(d) The following shall be exempt from
License or Permit requirements:
1. Any person
may purchase without license or permit and keep on hand for their personal use
smokeless propellant powder and small arms primers for hand loading small arms
ammunition.
2. All persons or
entities moving explosives and blasting agents under the jurisdiction of the
Federal Department of Transportation.
3. All members and organizations of the armed
forces of the United States or of this state or any of the several states and
personnel assigned or attached to such agencies when acting in an official
capacity.
4. All law enforcement,
fire services and emergency management and regulatory agencies of this State,
the United States or any of several states and personnel assigned or attached
to such agencies when acting in their official capacity.
5. All persons or entities using explosive
materials in medicines and medicinal agents in forms prescribed by the most
recent edition of the official United States Pharmacopoeia or the National
Formulary.
6. Any individual, who
is otherwise authorized to possess explosives pursuant to Article 4 of Chapter
7 of Title 16 of the Official Code of Georgia Annotated, may transport
explosives within the State of Georgia without license or permit required by
these Rules provided that the point of origin of the shipment was outside the
State of Georgia and the transportation of such explosives is in compliance
with the regulations governing the transportation of explosives issued by the
United State Department of Transportation.
7. Any individual, who is otherwise
authorized to possess explosives pursuant to Article 4 of Chapter 7 of Title 16
of the Official Code of Georgia Annotated, may purchase and possess for
sporting, recreational or cultural purposes:
(i) Not more than 50 pounds of commercially
manufactured black powder,
(ii)
Percussion caps, safety and pyrotechnic fuses, quills and slow matches, or
friction primers.
(2) License and permit fees:
(a) License fees and Permit fees shall be in
accordance with Chapter 2 of Title 25 of the Official Code of Georgia
annotated, Section
25-2-4.1, and shall be attached to
the application and made payable to the Commissioner.
(3) Application for License, Competency
Certificate or Permit:
(a) Application for
License:
1. The applicant for a license
shall, at his or her own expense, furnish the State Fire Marshal with such
information as the State Fire Marshal may require.
2. Any Applicant requesting a license shall
make application in an approved format to the State Fire Marshal. The Applicant
will designate the Responsible Persons in the application.
3. An application to transport, or which
includes transportation of explosives and blasting agents, shall be accompanied
by an affidavit that the vehicles to be used to transport have been inspected
by a qualified person and found to be in safe condition and in compliance with
these regulations. Such inspection may be performed by a certified mechanic, an
automotive repair or service garage or similarly recognized inspection
stations.
4. An application for
license for all permanent explosives storage facilities having quantities
exceeding 500 pounds shall be accompanied by complete plans and specifications.
Plans and specifications shall be submitted in duplicate to and receive
approval by the State Fire Marshal before installation is started. Such plans
shall be drawn to scale and be of sufficient detail and clarity as necessary to
indicate the nature and character of the proposal and its compliance with this
Chapter. One set of the plans shall be retained by the State Fire Marshal and
one copy shall be returned to the applicant with the approval or disapproval
indicated thereon. A copy of the approved plans shall be kept available at the
construction site for inspection by authorized representatives of the State
Fire Marshal. Pursuant to O.C.G.A. Section
25-2-4.1, the plans shall be
accompanied with the mandatory plan review fee payable to the Commissioner. The
plans shall bear the seal and Georgia registration number of the drafting
architect or engineer or shall otherwise have the approval of the Safety Fire
Commissioner or his designee.
5. An
applicant for a license or for designation as a Responsible Person shall be
subject to the following conditions:
(i) Shall
be subject to a criminal records check.
(ii) Shall not have been convicted of a
felony.
(iii) The Responsible
Person shall submit a negative drug screen.
6. An applicant for a license or for
designation as a Responsible Person must be 21 years of age and shall not be
addicted to the use of, have a history of, or be under the influence of
intoxicants, narcotics, controlled substances or other dangerous
drugs.
7. Responsible Persons shall
provide information to indicate that they have training experience and/or a
working knowledge of the safe use of explosives.
8. All applicants for a license or for
designation as Responsible Persons shall certify that they are familiar with
Chapter 120-3-10 of the Commissioner's Rules and Regulations and NFPA
495.
9. All Applicants for a
license shall provide documentation of explosives licenses issued by federal
authorities, such as the Bureau of Alcohol, Tobacco and Firearms, or by other
states.
10. All Applicants for a
license shall list on the application the field(s) of blasting or other use of
explosives in which the licensee is to engage. All commercial explosive
licenses to use explosives will be issued by the Commissioner in the following
specified field(s):
(i)
Construction,
(ii) Surface
Mining,
(iii) Underground
Mining.
(iv) Special
Effects
11. All
Responsible Persons shall submit to the Commissioner a notarized certification
denoting the specific explosive/blasting field in which he or she has
successfully been trained or certified.
12. All Responsible Persons shall obtain, and
subsequently retain, a "Competency Card"issued by the Commissioner. The
"Competency Card"issued by the Commissioner shall clearly state the blasting
field or fields in which the licensee for Responsible Person has been licensed
or approved to perform. There will be four levels of certification recognized
by the State Fire Marshal's Office.
(i) Level
I - Entry level that includes laborers and Bulk Truck Drivers requiring
background check and drug testing.
(ii) Level II - Meet Level I requirements and
completion of approved curricula.
(iii) Level III - Meet Level II requirements
and three years experience in a specific field of blasting.
(iv) Special Effects - Requires that the
applicant provide evidence of actual experience in the safe handling and use of
explosives for the purpose of creating audible and visual effects for the
entertainment industry. This level shall not authorize the use of explosives,
fireworks, or pyrotechnics before a proximate audience or within any building
or structure. The use of any explosives, fireworks, or pyrotechnics before a
proximate audience or within any building or structure requires a license
issued pursuant to Rules and Regulations of the Safety Fire Commissioner,
Chapter 120-3-22.
(v) The
Commissioner will recognize the following curricula, and other equivalent
program(s) approved by the Commissioner as minimum requirements for competency
training:
(I) I.S.E.E. Level 1, Blasting
Fundamentals, which should include all Federal, State and local
regulations,
(II) the Surface
Blaster Competency Study Course approved by the Georgia Construction Aggregate
Association,
(III) the
Certification program developed by the Dimensional Stone Industry or,
(IV) other programs approved by the
Commissioner or his/her designee.
(V) Any individual possessing a Level III
Competency Certification will be required to take continuing education courses
approved by the Commissioner and shall take no less than eight (8) hours every
two (2) years.
(VI) Exception to
Certification: Applicants for permits to use explosives in agricultural
operations and private and personal use of explosives in remote areas for such
operations as ditching, land clearing, destruction of beaver dams and other
such operations that is not within 750 feet of an occupied structure or
roadway.
13.
Every Responsible Person must be able to produce a "Competency Card"upon demand
of the Commissioner or his or her representative or by any local authority
having jurisdiction over blasting activities.
(i) All applications for licensure for
designation as a Responsible Person submitted by an applicant shall include in
the application, and the annual renewal application, the full name, date of
birth, social security number, and address of the applicant or Responsible
Person, photo and address of the applicant, including a one (1) inch horizontal
by one and one fourth (11/4) inch vertical photograph with the licensee's or
Responsible Person's signature below the photograph. The name of the licensee
employing the Responsible Person and employer's business name shall be shown on
the application. The application shall indicate such additional information as
may be required by the Commissioner or by these rules and regulations.
Photographs shall be required and submitted every four years thereafter
following the initial date or update of the issuance of a "Competency
Card".
(ii) Those exemptions as are
established in Chapter 120-3-10 of the Rules of the Safety Fire Commissioner
and Chapter 7 of Title 16 of the Official Code of Georgia Annotated shall
apply.
(b) Fire
Marshal's action on application for License:
1. Upon receipt of an application for license
and before the license is issued, the State Fire Marshal may make, or cause to
be made, an investigation for the purpose of ascertaining if all requirements
of these rules and regulations have been met by the applicant.
2. If the results of the investigation of the
State Fire Marshal are found to be in conformity with the requirements of these
rules and regulations, the State Fire Marshal shall issue the license upon the
payment of the proper fee therefore.
(c) Posting or Availability of License or
Permit:
1. Any license or permit issued shall
be posted in a location so that the State Fire Marshal, his representatives and
inspectors, or any other authorized person may examine it. Such posting may be
in the storage facilities, office area and storage magazines. A license issued
to a person without fixed storage facilities shall be available at the
operation location.
2. A copy of a
license issued pursuant to these Rules that authorizes an individual to
transport explosives shall be in the possession of the driver of the
vehicle.
3. Any facility that is
licensed or permitted pursuant to these Rules is subject to inspection by the
State Fire Marshal's Office or their representatives, or any law enforcement or
fire service official at any time.
4. A Photostat or mechanically reproduced
copy of any license or permit may be used for these purposes.
(d) Presenting Evidence of License
or Permit:
1. The license or permit issued
shall be presented to vendors or other persons selling or otherwise conveying
explosives and blasting agents to the license or permit holder. A Photostat or
mechanically reproduced copy of the license may be used for this
purpose.
(e) Application
for Permit:
1. The applicant for a permit to
purchase for use and use only explosives or blasting agents shall make
application to the judge of the probate court or designated elected county
official in writing on a form provided by the judge of the probate court or
designated elected county official or its equivalent. Full identification of
the applicant shall be made to the official to whom application is made and
shall be subject to the following:
(i) The
applicant shall be subject to a criminal records check.
(ii) The applicant shall not have been
convicted of a felony.
(iii) The
applicant shall certify that he or she has a working knowledge of the safe use
of explosives and is familiar with the Rules and Regulations of the
Commissioner Chapter 120-3-10 and NFPA 495.
(iv) The applicant shall certify that the
permit will not be used by individuals who conduct commercial blasting or
blasting for profit.
(v) The
applicant shall be at least 21 years of age and shall not be addicted to the
use of or under the influence of intoxicants, narcotics, controlled substances
or other dangerous drugs.
(f) Judge of the Probate Court or Designated
Elected County Official's action on application for Permit:
1. Upon receipt of a duly executed
application for a permit to purchase for use, and use only, the judge of the
probate court or designated elected county official shall ascertain to his or
her satisfaction that the applicant is the true party named in the application,
and if satisfied, he or she may grant and issue the permit. Permits will be
issued in quintuplicate, one copy for the issuing officer's files, three copies
to the applicant including the original, and one copy for forwarding to the
State Fire Marshal. The judge of the probate court or designated elected county
official may withhold a permit from any individual when he or she deems issuing
such a permit not in the best interest of public safety or security.
2. Explosives and blasting agents are to be
used only in the county that the permit is issued.
3. This permit does not authorize storage or
transportation.
4. No later than
the 10th of each month, the judge of the probate court or designated elected
county official will provide the State Fire Marshal's Office documentation of
all permits that were issued and returned during the previous month.
(4) Records:
(a) All persons required by these rules and
regulations to obtain a license from the State Fire Marshal shall keep an
accurate record of all explosives and blasting agents purchased, received,
sold, delivered, on hand, used, or otherwise disposed of. Records shall be
clear and legible. Records shall be maintained for a minimum period of three
years as follows:
1. For distributors,
dealers, persons giving away or otherwise conveying explosives and blasting
agents, including salesmen where delivery is direct from out of the State and
no other record of such a sale is maintained in Georgia, the records shall
include at least the following:
(i) The date
of sale or transaction.
(ii) The
name of person purchasing and/or receiving explosives and blasting
agents.
(iii) The license or permit
number of the person purchasing or receiving explosives and blasting agents,
unless the recipient is exempt from requiring a license or permit, in which
case the person must be clearly identified by name and agency to show exempt
status and the record or sales slip shall be signed by that person.
(iv) The quantity and description of
explosives and blasting agents sold or otherwise disposed of.
(v) The location of the operation where
explosives and blasting agents are to be stored, used, delivered to, or
otherwise disposed of.
2.
For users and other persons possessing and/or storing explosives and blasting
agents, the records shall include at least the following:
(i) The date of receipt of explosives and
blasting agents.
(ii) The quantity
and description of explosives and blasting agents received.
(iii) The date of use or other disposal of
explosives and blasting agents and quantity used or disposed of.
(b) Handling of
Explosives Permits:
1. Any person who sells,
gives away, delivers, or otherwise disposes of or conveys explosives and
blasting agents to another person who presents a valid explosives permit shall
withdraw two (2) copies of the permit, the original and vendor's copies, at the
time of the sale or transaction. The vendor's copy shall be retained by the
person selling or disposing of the explosives and blasting agents and the
original shall be forwarded to the State Fire Marshal.
2. The person using an explosives permit
shall retain the purchaser's copy of the permit which serves as the
authorization for him to have the described explosives in his
possession.
3. Within one working
day or 24 hours, whichever comes first, of expiration of the one-time use
permit, the individual issued the permit will return all unused explosives to
the vendor and the expired permit to the issuing judge of the probate court or
designated elected county official.
(5) The Insurance Commissioner may appoint a
Blasting Advisory Committee whose role shall be only to be available to the
Commissioner to advise on rule changes, review and issue best practices and
safety bulletins and provide advice as deemed appropriate by the Commissioner
or their designated liaison to the Committee. The Committee shall meet as
determined by the Commissioner but no less than twice per year. The Committee
will consist of 8 members; four will serve an initial term of 2 years and four
will serve 3 years. The Commissioner shall initially appoint a Chairperson to
serve a two year term thereafter the Committee shall elect the Chair in January
of each alternate year. The membership of the Committee shall include no less
than 1 representative from the aggregate mining industry, 1 representative from
the utility contractors industry, 1 representative from the explosives
industry, 1 representative from the drilling and blasting industry, 1
representative from the vibration analysis industry, 1 representative from law
enforcement, 1 representative of the State Fire Marshal, and 1 representative
to be selected from a related industry. The duties of the Committee may
include;
(a) A review of incidents involving
injury to persons or property damage due to handling, use, manufacture,
storage, or transportation of explosives and blasting agents.
(b) Communication on issues dealing with best
industry practices related to the handling, use, manufacture, storage or
transportation of explosives and blasting agents.
(c) Peer review of complaints related to the
use, handling, manufacture, storage, or transportation of explosives and
blasting agents.
(d) Peer review of
proposed revisions, additions, deletions, or changes to the Georgia Law and/or
Rules and Regulations dealing with the use, handling, storage or transportation
of explosives and blasting agents; and
(e) Any issue as deemed appropriate by the
Insurance Commissioner's Office.
Notes
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