Ga. Comp. R. & Regs. R. 120-3-10-.05 - Special Provisions
(1)
Any person who by license or permit is authorized to manufacture, sell,
possess, transport, distribute or use explosives shall report any incident of
larceny, fires, accidental explosions and accidents involving explosives and
blasting agents as follows:
(a) Within 24
hours of discovering the loss of any explosives or evidence that there has been
an attempted theft of any explosives, notify the State Fire Marshal's Office
and the nearest regional office of the Georgia Bureau of Investigation (GBI)
and the local law enforcement agency having jurisdiction over the location
where the loss or attempted theft occurred. The GBI shall also notify the State
Fire Marshal's Office of the loss or attempted theft through the GCIC
system.
(b) In the event of a fire,
accidental detonation or other accident involving explosives, immediately
notify the officer in charge of the responding local fire services and
emergency personnel of the type, quantity and characteristics of explosives
involved and of any special precautions or measures which must be taken to
protect life or property. As soon as the incident is under control but no later
than the next business day after the incident, notify the State Fire Marshal's
Office in writing of the facts and circumstances of the incident.
(c) In the event of a Fly Rock incident that
includes any materials leaving the designated blast site, the State Fire
Marshal's Office shall be notified of the event and the circumstances connected
to the event within 4 hours of the event. NFPA 495 (2018 Edition), Chapter 11.4
Fly Rock shall be the governing guideline for this requirement.
(2) Modification of Requirements:
(a) Upon receipt of a sworn affidavit from
the owner stating all relevant facts and circumstances and such other
information as may be required, the State Fire Marshal may recommend to the
Commissioner that specific requirements of this Chapter and the NFPA codes,
standards and recommended practices adopted herein, be modified to allow
alternative arrangements that will secure as nearly equivalent measures as are
practical for the prevention of injury to persons and property. The
Commissioner in his discretion may accept the State Fire Marshal's
recommendation and grant the requested modification.
(3) Criminal Penalty for Violations:
(a) Any person who manufactures, sells,
possesses, transports, distributes, or uses an explosive except as provided in
Chapter 7 of Title 16 and Chapters 2 and 8 of Title 25 of the Official Code of
Georgia Annotated shall be subject to criminal prosecution as provided by
law.
(b) Any person or entity that
is issued a license or permit pursuant to these Rules that violates any
provision of these Rules shall be subject to the administrative penalties
prescribed by law.
(4)
Persons authorized to buy, sell, otherwise convey, possess, handle, use or
transport explosives and blasting agents:
(a)
No person under the age of 21 years old shall be authorized to buy, sell,
otherwise convey, possess, store, use, or transport explosives and blasting
agents, except for an active duty member 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.
Notes
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