Ga. Comp. R. & Regs. R. 120-3-3-.02 - Application
(1)
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 except one-family and two-family dwellings, one- and two-family row
houses (townhouses) separated by a 2-hour fire wall and two-family townhouses
separated by a 2-hour fire wall, and those buildings and structures listed in
O.C.G.A. §
25-2-13, except as may be required
or permitted by O.C.G.A. §§
25-2-12 and
25-2-12.1.
(2) 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.
(3) Whenever the provisions of this Subject
of the Rules and Regulations of the Safety Fire Commissioner offers
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 Title 25, Chapter 2, and the
rules and regulations promulgated thereunder.
Notes
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(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 except one-family and two-family dwellings, one- and two-family row houses (townhouses) separated by a 2-hour fire wall and two-family townhouses separated by a 2-hour fire wall, and those buildings and structures listed in O.C.G.A. 25-2-13, except as may be required or permitted by O.C.G.A. 25-2-12 and 25-2-12.1.
(b) 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.
(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.