Ga. Comp. R. & Regs. R. 120-3-24-.02 - Application

(1)

(a) Pursuant to O.C.G.A. 25-2-4, rules and regulations adopted by the Safety Fire Commissioner shall have the force and effect of law and shall have statewide application as being the state minimum fire safety standards and shall not require adoption by a municipality or county. The governing authority of any municipality or county in this state is authorized to enforce the state minimum fire safety standards on all buildings and structures that have operations involving the manufacturing, processing, and/or handling combustible particulate solids including manufacturing processes that create combustible dust for those specific industry groups that have experienced either frequent combustible dust incidents or combustible dust incidents with catastrophic consequences and are identify by the Standard Industrial Classification (SIC) Code listed in (b) under this Rule. Regardless of enforcement by local governing authorities, any business which that has under its control, facilities where the manufacturing, processing, and/or handling combustible particulate solids are taking place shall comply with this Chapter including those manufacturing processes that create combustible dust except as specified herein.

(b) For the purpose of this Chapter, operations involving the manufacturing, processing, and/or handling combustible particulate solids including manufacturing processes that create combustible dust for specific industry groups that have experienced either frequent combustible dust incidents or combustible dust incidents with catastrophic consequences are as follows:

SIC	NAICS	Industries with either frequent or catastrophic combustible dust incidents:
2046	311221	Wet Corn Milling
4911	221112	Electric Services -- Establishments engaged in the generation, transmission, and/or distribution of electric energy for sale
2041	311211	Flour and Other Grain Mill Products
2493	321219	Reconstituted Wood Products
2899	325510, 325998	Chemicals and Chemical Preparations, Not Elsewhere Classified
2099	311212	Prepared foods and miscellaneous food specialties, not elsewhere classified
3471	332813	Electroplating, Plating, Polishing, Anodizing, and Coloring
3341	331314	Secondary Smelting and Refining of Nonferrous Metals
2834	325412	Pharmaceutical Preparations
2499	321920, 321219	Wood Products, Not Elsewhere Classified
2421	321113	Sawmills and Planing Mills, General
2062	311312	Cane Sugar Refining
2063	311313	Beet Sugar (Establishments primarily engaged in manufacturing sugar from sugar beets.
3061	326291	Molded, Extruded, and Lathe-Cut Mechanical Rubber Goods
3714	336322	Motor Vehicle Parts and Accessories
3365	331524	Aluminum Foundries
723	115114, 115111	Crop Preparation Services for Market, Except Cotton Ginning
2052	311821	Fresh cookies, crackers, pretzels, and similar "dry"bakery products
2087	311930	Flavoring extracts, syrups, powders, and related products, not elsewhere classified
2221	313210	Broadwoven Fabric Mills, Manmade Fiber and Silk
2262	313311	Finishers of Broadwoven Fabrics of Manmade Fiber and Silk
2299	313111	Textile Goods, Not Elsewhere Classified
2431	321911	Millwork
2434	33711	Wood Kitchen Cabinets
2439	321213, 321214	Structural Wood Members, Not Elsewhere Classified
2452	321992	Prefabricated Wood Buildings and Components
2511	337122	Wood Household Furniture, Except Upholstered
2591	337920	Drapery Hardware and Window Blinds and Shades
2819	325188, 325998, 331311	Industrial Inorganic Chemicals, Not Elsewhere Classified
2821	325211	Plastic Materials, Synthetic Resins, and Nonvulcanizable Elastomers
2823	325221	Cellulosic Manmade Fibers
2841	325611	Soap and Other Detergents, Except Specialty Cleaners
2851	32551	Paints, Varnishes, Lacquers, Enamels, and Allied Products
2861	325191	Gum and Wood Chemicals
3011	326211	Tires and Inner Tubes
3069	326299	Fabricated Rubber Products, Not Elsewhere Classified
3081	326113	Unsupported Plastics Film and Sheet
3082	326121	Unsupported Plastics Profile Shapes
3086	326140, 326150	Plastics Foam Products
3087	325991	Custom Compounding of Purchased Plastics Resins
3089	326199	Plastics Products, Not Elsewhere Classified
3291	327910	Abrasive Products
3313	331312	Alumina and Aluminum Production and Processing
3334	331312	Primary Production of Aluminum
3354	331316	Aluminum Extruded Products
3363	331521	Aluminum Die-Castings
3369	331528	Nonferrous Foundries, Except Aluminum and Copper
3398	332811	Metal Heat Treating
3441	332431	Metal Cans
3469	332116	Metal Stampings, Not Elsewhere Classified
3479	332812	Coating, Engraving, and Allied Services, Not Elsewhere Classified
3496	332618	Miscellaneous Fabricated Wire Products
3499	332999	Fabricated Metal Products, Not Elsewhere Classified
3548	335129	Electric and Gas Welding and Soldering Equipment
3644	335932	Noncurrent-Carrying Wiring Devices
3761	336414	Guided Missiles and Space Vehicles
3799	333924	Transportation Equipment, Not Elsewhere Classified
3995	339995	Burial Caskets
3999	321999, 325998, 326199	Manufacturing Industries, Not Elsewhere Classified
4221	493130	Farm product warehousing and storage
4952	221320	Sanitary treatment facilities.
4953	562920	Refuse Systems
5093	423930	Scrap and waste materials
5162	424610	Plastics materials and basic forms and shapes

(c) Notwithstanding paragraph (b), these regulations do not cover those operations and installation governed by other specific regulations promulgated for specific processes and purposes specified in Title 25 of the Official Code of Georgia. These regulations are not applicable to any building or structure which is used exclusively for agricultural purposes as defined in paragraph (4.1) of Code Section 1-3-3 of the Official Code of Georgia and which is located in an unincorporated area. Furthermore, this regulation shall not be applicable to any building or structure that is covered under the Federal regulations 29 CFR 1910.272, of the Occupational Safety and Health Administration entitled "Grain Handling Facilities."

(d) The provisions of this Chapter reflect what is believed to be necessary to provide an acceptable degree of protection from the hazards addressed by this Chapter and the standards adopted therein at the time this Chapter was promulgated. Unless otherwise specified, the provisions of this Chapter or the standards adopted herein, the adopted Codes and standards shall not apply to facilities, equipment, structures, or installations that existed or were approved for construction prior to March 7, 2008.

(e) Any new construction modification or renovation shall comply with the new construction provisions and operation provisions established within this Chapter and the standards adopted herein whether such construction requires permitting or approval at the state or local level. Any modification or renovation of existing equipment or any installation of new equipment or any new processes shall comply with the new provisions established within this Chapter and the standards adopted herein whether such modification, renovation of existing equipment or any installation of new equipment or any new processes requires permitting or approval at the state or local level.

(f) This standard shall apply to facilities on which construction has begun and where specified in the Codes and standards adopted herein, the provisions of such Code or standard shall be retroactive.

(g) The retroactive requirements of the Codes and standards adopted herein shall be permitted to be modified if their application clearly would be impractical in the judgment of the authority having jurisdiction, and only where it is clearly evident that a reasonable degree of safety is provided.

(h) Pursuant to O.C.G.A. 25-2-13(f), the municipal governing authority in any incorporated area or the county governing authority in any unincorporated area of the state shall have the authority to enact such ordinances as it deems necessary to perform fire safety inspections and related activities for those buildings and structures not covered by O.C.G.A. 25-2-13 and are covered by this Chapter.

(2) Whenever the provisions of this chapter of the Rules and Regulations of the Safety Fire Commissioner offer alternatives, as far as fire safety requirements are concerned, that were not permissible under previous editions of any Rules and Regulations of the Safety Fire Commissioner covering the same subject matter, the provisions of this chapter may be used by the authority having jurisdiction in determining whether a building is in compliance with the provisions of O.C.G.A. Title 25, Chapter 2, and the rules and regulations promulgated there under.

Notes

Ga. Comp. R. & Regs. R. 120-3-24-.02

O.C.G.A. Secs. 25-2-4, 25-2-13, 50-13-21.

Original Rule entitled "Application"adopted as ER. 120-3-24-0.8-.02. F. Mar. 7, 2008; eff. Mar. 6, 2008, as specified by the Agency. Amended: ER. 120-3-24-0.11-.02 adopted. F. and eff. July 2, 2008, the date of adoption. Amended: ER. 120-3-24-0.12-.02 adopted. F. and eff. October 29, 2008, the date of adoption. Amended: ER. 120-3-24-0.13-.02 adopted. F. Feb. 26, 2009; eff. Feb. 25, 2009, the date of adoption. Amended: ER. 120-3-24-0.14-.02 adopted. F. and eff. June 25, 2009, the date of adoption. Amended: ER. 120-3-24-0.15-.02 adopted. F. and eff. October 19, 2009, the date of adoption. Amended: Permanent Rule of same title adopted. F. Feb. 17, 2010; eff. Mar. 9, 2010.