| (1) |
The Georgia Safety Fire Commissioner in
accordance with the authority set forth in the Official Code of Georgia
Annotated, Section
25-11-12 promulgates these Rules
and Regulations of the Safety Fire Commissioner entitled, "Rules and
Regulations for the Enforcement of the Georgia Fire Sprinkler Act." |
| (2) |
The purpose of these rules and
regulations is to establish the State's minimum requirements for persons who
design, install, alter, inspect, maintain, test, service and/or repair
water-based fire protection sprinkler systems except for those water-based
automatic sprinkler systems for use in single-family dwellings or limited
water- based systems permitted to be connected directly to a domestic water
supply system as allowed by NFiPA Life Safety Code which has been adopted by
the Commissioner's Rules and Regulations. |
Whenever the provisions of this Chapter of the Rules and
Regulations of the Georgia 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 Georgia 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,
of the Georgia Code, and the Rules and Regulations promulgated
thereunder.
| (1) |
"Authority having jurisdiction"means the organization, office, or
individual responsible for approving equipment, an installation, or a
procedure. |
| (2) |
"Certificate"or "certificate of
competency"means the document issued by the Commissioner to a
certificate holder who has demonstrated adequate technical knowledge and
ability to design in accordance with recognized standards as adopted by the
Commissioner and to perform and supervise the installation, repair, alteration,
addition, maintenance, or inspection of water-based fire protection
systems. |
| (3) |
"Certificate
Holder"means an individual who has been issued a certificate of
competency by the Commissioner. |
| (4) |
"Commissioner"means the Georgia Safety Fire
Commissioner. |
| (5) |
"Construction documents,""Documents for construction"or
"Construction shop drawings"means documents which set and
dictate the installation parameters of water-based fire protection
systems. |
| (6) |
"Contract
documents"means the written and/or graphical guideline(s), prepared by a
registered architect or engineer, which establish but does not dictate specific
criteria for the design parameters of water-based fire protection
systems. |
| (7) |
"Direct
supervision,"or "Supervision"means to
personally superintend the design and/or installation of water-based fire
protection systems, by personally regulating the activity of a project through
intermittent and verifiable personal contact at an installation or
installations in progress. |
| (8) |
"Documents"means those materials used for reference purposes which
direct or confirm direction or agreement. |
| (9) |
"Employed full time"means a
minimum of thirty and one half hours of paid service per week, per
employer. |
| (10) |
"Fire
protection sprinkler contractor"means an individual, partnership,
corporation, association, limited liability company, limited liability
partnership, joint venture or other business entity that supervises, performs,
or supervises and performs the installation, repair, alteration, addition,
maintenance, or inspection of water-based fire protection systems. Such term
does not include local building officials, fire inspectors, or insurance
inspectors when acting in their official capacities. |
| (11) |
"Fire protection sprinkler
contractor license"means the document issued by the Commissioner to the
fire protection sprinkler contractor which authorizes the fire protection
sprinkler contractor to engage in the business of fabrication, installation,
repair, alteration, maintenance, or inspection of water-based fire protection
systems. |
| (12) |
"Fire
protection sprinkler system"means an integrated system of overhead and
underground piping designed in accordance with fire protection engineering
standards. The installation includes one or more automatic water supplies. The
portion of the system above ground is a network of specially sized or
hydraulically designed piping installed in a building, structure, or area,
generally overhead, to which sprinklers are attached in a systematic pattern.
The valve controlling each system riser is located in the system riser or its
supply piping. The system is usually activated by heat from a fire and
discharges water over the fire area. |
| (13) |
"Fire protection system
designer"means a person who develops construction shop drawings,
construction documents and/or documents for construction pertaining to
water-based fire protection systems. |
| (14) |
"Fire protection system designer
license"means a document issued by the Commissioner which authorizes the
fire protection system designer to engage in the business of producing
construction shop drawings, construction documents and/or documents for
construction pertaining to water-based fire protection systems. |
| (15) |
"Fire protection system
inspector"means an individual who performs inspections only on
water-based fire protection systems in accordance with applicable codes and
standards as adopted by the Commissioner. Such term does not apply to state,
local, and insurance inspectors while acting in their official
capacities. |
| (16) |
"Fire
protection system inspector's license"means a document issued by the
Commissioner, which authorizes the fire protection system inspector to engage
in the business of inspecting water-based fire protection systems. |
| (17) |
"Fire pump"means a pump
supplying water at the flow and pressure required by water-based fire
protection systems. |
| (18) |
"Foam-water spray system"means a special system pipe connected to
a source of foam concentrate and to a water supply and equipped with foam-water
spray nozzles for fire protection agent discharge (foam and water sequentially
in that order or in reverse order) and distribution over the area to be
protected. System operation arrangements parallel those for foam-water
sprinkler systems. |
| (19) |
"Foam-water sprinkler system"means a special system pipe connected
to a source of foam concentrates and to a water supply and equipped with
appropriate discharge devices for fire protection agent discharge and
distribution over the area to be protected. The piping system is connected to
the water supply through a control valve that is usually actuated by operation
of automatic detection equipment installed in the same area as the sprinklers.
When this valve opens, water flows into the piping system, and foam concentrate
is injected into the water. The resulting foam solution discharging through the
discharge devices generates and distributes foam. Upon exhaustion of the foam
concentrate supply, water discharge will follow and continue until manually
shut off. Existing deluge sprinkler systems that have been converted to the use
of aqueous film forming foam are classified as foam-water sprinkler
systems. |
| (20) |
"Inspection"means a visual examination of a water-based fire
protection system or portion thereof to verify that it appears to be in
operating condition and is free of physical damage. |
| (21) |
"Maintenance"means work
performed to keep equipment operable or to make repairs without altering the
operation of the water-based system. |
| (22) |
"Private fire service
main"means that pipe and its appurtenances on private property that are
one or more of the following:
| (a) |
Between a
source of water and the base of the system riser for water-based fire
protection systems; |
| (b) |
Between a
source of water and inlets to foam-making systems; |
| (c) |
Between a source of water and the base
elbow of private hydrants or monitor nozzles; |
| (d) |
Used as fire pump suction and discharge
piping outside of a building; and |
| (e) |
Beginning at the inlet side of the check
valve on a gravity or pressure tank. |
|
| (23) |
"Private water tank"means a
tank supplying water for water-based fire protection systems which is located
on private property. |
| (24) |
"Single-family dwelling"means any one- and two- family dwelling or
one- and two- family row houses (townhouses) separated by a two hour fire
wall. |
| (25) |
"Standpipe
system"means an arrangement of piping, valves, hose connections, and
allied equipment installed in a building or structure with the hose connections
located in such a manner that water can be discharged in streams or spray
patterns through attached hoses and nozzles for the purpose of extinguishing a
fire, thus protecting a building or structure, its contents, and its occupants.
This is accomplished by connection to water supply systems or by pumps, tanks,
and other equipment necessary to provide an adequate supply of water-to-hose
connections. |
| (26) |
"Superintend"means the act of directing others' work. |
| (27) |
"Testing"means a procedure
used to determine the status of a system as intended by conducting periodic
physical checks on water-based fire protection systems such as, but not limited
to, waterflow tests, fire pump tests, alarm tests, and trip tests of dry pipe,
deluge, or preaction valves. These tests follow up on the original installation
acceptance test(s) at intervals specified in the appropriate standards related
to such systems, as adopted by other Rules and Regulations of the Safety Fire
Commissioner. |
| (28) |
"Water-based fire protection system"means any one system or any
combination of a number of systems designed to deliver water to an apparatus
designed to extinguish or retard the advancement of fire. Such systems include
fire protection sprinkler systems, standpipe systems, private fire service
mains, fire pumps, private water tanks, water supply fixed systems, foam-water
spray systems, and foam-water sprinkler systems. The term "fire sprinkler
system"is used interchangeably with this term. |
| (29) |
"Water-spray fixed
system"means a special fixed pipe system connected to a reliable fire
protection water supply and equipped with water-spray nozzles for specific
water discharge and distribution over the surface or area to be protected. The
piping system is connected to the water supply through an automatically or
manually activated valve that initiates the flow of water. An automatic valve
is activated by operation of automatic detection equipment installed in the
same area as the water-spray nozzles. |
| (1) |
The
Commissioner is charged with the duty and responsibility for the enforcement of
this chapter. |
| (2) |
Any authority,
power, or duty vested in the Commissioner by any provision of this chapter may
be exercised, discharged, or performed by any deputy, assistant, or other
designated employee acting in the Commissioner's name and by his or her
delegated authority. |
| (3) |
The
Commissioner may, at his or her discretion, have the competency and license
test prepared by others. |
| (4) |
The
Commissioner is authorized to enter into a reciprocal agreement with the state
fire commissioner or state fire marshal of other states for the waiver of the
competency test of any applicant resident in such other jurisdiction, provided
that:
| (a) |
The laws of the other jurisdiction
are substantially similar to this chapter; and |
| (b) |
The applicant has no place of business
within this state nor is an officer, director, stockholder, or partner in any
corporation or partnership doing business in this jurisdiction as a fire
protection sprinkler contractor. |
|
| (1) |
Any individual desiring to become a
certificate holder shall submit to the Commissioner a completed application on
forms prescribed by the Commissioner. Such individual shall remit with his or
her application a non-refundable certificate fee of $100.00 plus a one-time
filing fee of $50.00 except as otherwise provided by Chapter 11 of Title 25 of
the Official Code of Georgia Annotated and this Chapter of the Rules and
Regulations. Such fee shall not be prorated for portions of a year. |
| (2) |
Prior to obtaining a certificate, the
applicant shall demonstrate his or her competence and knowledge of water-based
fire protection systems by:
| (a) |
successfully
completing a competency test by current certification by NICET at Level III or
Level IV in automatic sprinkler system layout and/or by successfully completing
such other or additional examinations as the Commissioner may designate. For
renewal of such certificate, proof of maintaining NICET Certification at or
above Level III in Automatic Sprinkler System Layout is required; and |
| (b) |
submitting to the Commissioner a
certification from either the state fire commissioner or state fire marshal of
another jurisdiction whenever a reciprocal agreement has been entered into
between the jurisdiction and the State of Georgia pursuant to the provisions of
this chapter. |
|
| (3) |
If the
applicant has paid the required fees and has met one of the requirements of
subsection (2) of this section, the Commissioner shall issue a certificate of
competency in the name of the applicant, unless such applicant has been cited
under other provisions of this chapter. Such certificate shall expire annually
on December 31st of each year and shall be nontransferable from company to
company or person to person. |
| (4) |
In
no case shall a certificate holder be allowed to obtain a certificate of
competency for more than one fire protection sprinkler contractor or more than
one office location at a time. If the certificate holder should leave the
employment of a fire protection sprinkler contractor or change office
locations, he or she must notify the Commissioner in writing within 30
days. |
| (5) |
A certificate holder
desiring to renew his or her certificate shall submit a renewal application to
the Commissioner and remit therewith a renewal fee of $100.00 for the upcoming
year, between August 1st and no later than December 1st of the current
year. |
| (1) |
Where a fire
protection sprinkler contractor has multiple office locations for the purpose
of design, installation, repair, alteration, addition, maintenance, or
inspection of water-based fire protection systems, each location shall be
separately licensed under the provisions of these regulations. |
| (2) |
Any organization or individual desiring
to become a fire protection sprinkler contractor shall submit to the
Commissioner a completed application on forms prescribed by the Commissioner.
Such organization or individual shall remit with his or her application a
nonrefundable license fee of $50.00 plus a filing fee of $50.00. Such fee shall
not be prorated for portions of a year. |
| (3) |
Prior to obtaining a sprinkler
contractor's license, the applicant shall:
| (a) |
Submit to the Commissioner a copy of all and all current certificates of
competency held by employees of the applicant; and |
| (b) |
Submit to the Commissioner proof of
comprehensive liability insurance coverage. The liability insurance policy
shall provide coverage in an amount not less than $1 million and shall cover
any loss to property or personal injury caused by the fire sprinkler
contractor. The policy must be purchased from an insurer authorized to do
business in the State of Georgia. |
|
| (4) |
A fire protection sprinkler contractor
license shall expire annually on December 31st of each year. A license holder
desiring to renew his or her license shall submit a renewal application to the
Commissioner and remit a renewal fee of $50.00 for the upcoming year, between
August 1st and no later than December 1st of the current year. |
| (1) |
Any individual desiring to become a fire
protection sprinkler system inspector shall submit to the Commissioner a
completed application on the prescribed forms. Such individual shall remit with
his or her application a nonrefundable license fee of $50.00 plus a fee of
$50.00. Such fees shall not be prorated for portions of a year. |
| (2) |
Prior to obtaining a license, the
applicant shall demonstrate evidence of his or her competence and employment by
a sprinkler contractor by possessing at minimum a NICET Level II Certification
in Inspection and Testing of Water-Based Systems or an equivalent certification
acceptable to the Commissioner. |
| (3) |
The applicant shall submit to the Commissioner proof of employment by a
licensed fire protection sprinkler contractor who has comprehensive liability
insurance coverage. The liability insurance policy shall provide coverage in an
amount not less than $1 million and shall cover any loss to property or
personal injury caused by the fire protection sprinkler inspector. The policy
must be purchased from an insurer authorized to do business in
Georgia. |
| (4) |
A fire protection
sprinkler system inspector license shall expire annually on December 31st of
each year. A license holder desiring to renew his or her license shall submit a
renewal application to the Commissioner and remit a renewal fee of $50.00 for
the upcoming year, between August 1st and no later than December 1st of the
current year. |
| (5) |
Individuals
possessing valid waivers issued by the Commissioner prior to the effective date
of these Rules and Regulations shall have twelve months from the issuance date
of the waiver to obtain NICET Level II Certification in Inspection and Testing
of Water-Based Systems or an equivalent certification acceptable to the
Commissioner. No waivers shall be issued or renewed after the effective date of
these rules and regulations. |
| (6) |
Individuals who have not yet satisfied the requirements of these Rules and
Regulations as they pertain to inspector licenses shall work under the direct
supervision of a NICET Level II Certified individual or approved equivalent
until such time they possess a NICET Level II Inspector Certification or
approved equivalent certification. |
| (7) |
"Direct supervision," or "Supervision"
means to personally superintend the design and/or installation of water-based
fire protection systems, by personally regulating the activity of a project
through intermittent and verifiable personal contact at an installation or
installations in progress. |
| (1) |
Any individual desiring to become a fire
protection system designer shall submit to the Commissioner a completed
application on forms prescribed by him or her. Such individual shall remit with
his or her application a nonrefundable license fee of $50.00 plus a onetime
filing fee of $50.00. Such fee shall not be prorated for portions of a
year. |
| (2) |
Prior to obtaining a
license, the applicant shall demonstrate his or her competence and knowledge of
water-based fire protection systems by:
| (a) |
meeting the provisions of Chapter 15 of Title 43 of the Official Code of
Georgia Annotated; or |
| (b) |
providing
proof that all work elements necessary for NICET Level II Certification in
Automatic Sprinkler System Layout have been passed. Current license holders
shall have twenty-four months from the adoption of these rules and regulations
to meet this requirement. If this requirement is not met within the time
allotted, the license shall be returned to the Commissioner's office within ten
working days after the twenty-four months have lapsed, and shall become null
and void. The license shall not be re-issued until the foregoing requirement is
met. |
|
| (3) |
A fire
protection system designer license shall expire on December 31st of each year.
A license holder desiring to renew his or her license shall submit a renewal
application to the Commissioner and remit a renewal fee of $50.00 for the
upcoming year, between August 1st and no later than December 1st of the current
year. |
| (1) |
No person shall act as a fire protection
sprinkler contractor unless a certificate holder is employed full time, in
office or on site or combination thereof, to supervise or perform the
installation, repair, alteration, addition, maintenance, or inspection of
water-based fire protection systems. |
| (2) |
Supervision shall be verified by the
following method: Signed and dated documentation verifying visits to the
project site, by the Certificate of Competency holder or their designee who is
authorized by the Certificate of Competency holder to sign the site supervision
form on behalf of the Certificate of Competency holder. Such documentation
shall be kept on the site and shall be available to any Code Official on
demand. The Certificate of Competency holder or their designee as described
above, and the owner or owner's representative or the general contractor's
representative shall sign such documentation. Such documentation shall be on
forms prescribed by the Safety Fire Commissioner. Such verification is required
unless waived by the Authority Having Jurisdiction, in writing. |
| (3) |
Upon project completion, the Certificate
of Competency holder shall sign and date the documentation verifying that the
completed installation meets all applicable codes and standards adopted by the
Safety Fire Commissioner. The Authority Having Jurisdiction shall not waive the
requirement, at project completion, for a signed verification indicating that
the completed installation meets all applicable codes and standards. |
| (4) |
If the only certificate holder employed
by a fire protection sprinkler contractor leaves the employment of the fire
protection contractor, the contractor shall notify the Commissioner in writing
within 30 days. A new certificate holder must be employed by a fire protection
sprinkler contractor within 30 days of such notice. |
| (5) |
No fire protection sprinkler contractor
shall permit any person under his or her employment or control to install,
repair, alter, maintain, or inspect any water-based fire protection system
unless such person is a certificate holder or is under the supervision of a
certificate holder employed by the contractor. |
| (6) |
Only fire protection sprinkler
contractors or certificate of competency holders shall alter or renovate
water-based fire protection systems except as otherwise provided by Chapter 11
of Title 25 of the Official Code of Georgia Annotated and this Chapter of the
Rules and Regulations. |
| (7) |
Individuals employed by the building owner or a representative of the building
owner may repair leaks, repair broken fittings, or perform other routine
maintenance that does not alter the piping arrangement or operation of a
water-based fire protection system. |
| (8) |
Installations shall conform to the Rules
and Regulations for the State Minimum Fire Safety Standards as adopted by the
Commissioner unless otherwise permitted by Chapter 11 of Title 25 of the
Official Code of Georgia Annotated and this Chapter of the Rules and
Regulations. |
| (9) |
Installations not
required by the codes and standards adopted by the Safety Fire Commissioner and
whose design criteria and installation requirements have been enacted into law
by local county or municipal ordinance, shall be allowed. All other non-code
required systems shall meet minimum standards as adopted by the Commissioner,
unless otherwise permitted by other sections of this chapter. |
| (10) |
It shall be unlawful for any person to
begin installation of a fire sprinkler system on any proposed or existing
building or structure which comes under the classification in Official Code of
Georgia Annotated Section
25-2-13(b)(1) or
which comes under the jurisdiction of the Office of the Commissioner pursuant
to Official Code of Georgia Annotated Section
25-2-12 without first having
drawings of the designed system approved by the appropriate authority having
jurisdiction unless otherwise allowed by the Authority Having Jurisdiction; in
writing. |
| (1) |
Water-based
fire protection shop drawings shall be reviewed for code compliance with the
state minimum standards by a certificate of competency holder. |
| (2) |
The reviewing certificate holder's
signature, printed name, and certificate number indicating such compliance
shall be indicated on all submitted plans. |
| (3) |
Non-code compliance dictated by bid
documents shall be reported in the following manner. Non-code compliant shop
drawings dictated by bid documents plans and or specifications shall list
deficiencies printed or typed, item by item, along with codes and/or standards
violated on a departmental form. In addition, the following information shall
be provided as set forth in the following order:
| (a) |
the name of the facility and
project; |
| (b) |
the complete physical
address of the project including the city and county; |
| (d) |
the responsible architect's or engineer's
name responsible for producing the non-code compliant bid documents including
their Georgia registration number, business name, business address and business
telephone number; and |
| (e) |
the
Sprinkler Contractor's name, Certificate of Competency holder's name, and
Certificate of Competency number and signature. The foregoing items shall be
provided and outlined on a departmental form by the Certificate of Competency
holder, as stated above and shall be submitted with the shop
drawings. |
|
| (1) |
Only licensed fire protection system
designers or other designers under their direct supervision shall prepare
water-based fire protection system documents for construction. Certificate of
competency holders shall be allowed to prepare water-based fire protection
system documents, for construction, for their sprinkler contractor. |
| (2) |
All documents shall be representative of
code complying water-based fire protection systems complying with the Rules and
Regulations for the State Minimum Fire Safety Standards as adopted by the
Commissioner unless otherwise permitted by this Chapter of the Rules and
Regulations. |
| (3) |
All shop drawings
shall meet minimum standards of the Rules and Regulations for the State Minimum
Fire Safety as adopted by the Commissioner, except for the following:
| (a) |
shop drawings not meeting the codes and
standards adopted by the Commissioner whose design has been enacted into law by
local county or municipal ordinance; |
| (b) |
non-code compliant shop drawings dictated
by bid documents of a registered professional engineer or architect.
Information regarding such shop drawings shall be provided as specified in
; or |
| (c) |
non-required systems whose installations
do not conform with the provisions of the Rules and Regulations for the State
Minimum Fire Safety Standards may be installed if:
| 1. |
approved by the Authority Having
Jurisdiction; and |
| 2. |
such
installations are reported to and filed with the local responding fire
department and the Authority Having Jurisdiction; and |
| 3. |
such installations are identified as
required by the Authority Having Jurisdiction. |
|
|
| (4) |
The licensed fire protection system
designer's signature, printed name, and license number shall be indicated on
the shop drawings. |
| (1) |
All
inspections, testing and maintenance of water-based fire protection systems
shall be done in accordance with the requirements of NFPA 25 as adopted by the
Georgia Safety Fire Commissioner's Rules and Regulations Chapter 120-3-3. All
inspections, maintenance, and testing required by NFPA 25 and/or other
appropriate standards adopted by Chapter 120-3-3 shall only be performed by
licensed fire protection system inspectors, certificate of competency holders,
or representatives of the building owner as applicable, unless exempted by this
chapter. |
| (2) |
Representatives of the
building owner shall indicate in writing to the Authority Having Jurisdiction
their intent to do such inspections and shall provide to the Authority Having
Jurisdiction proof of knowledge and expertise pertaining to the systems to be
inspected by providing:
| (a) |
the name and
physical location of the facility/facilities to be tested, inspected and
maintained by the owner's representative(s); |
| (b) |
the names and qualifications of the
individual(s) conducting such inspections, testing and maintenance which shall
be submitted to the Commissioner for evaluation; |
| (c) |
the qualifications for each such
individual which shall be set forth in as much detail as possible, including
but not limited to, an exacting and detailed outline of their qualifications
with dates, type and length of related experience; |
| (d) |
resumes prepared by each such individual
including a statement describing and setting forth their personal
qualifications to do the inspections, testing and maintenance; and |
| (e) |
a detailed description of each such
individual's knowledge of NFPA 25. |
|
| (3) |
Said representatives of the building
owner are exempt only from the license requirements specified in Code Section
25-11-6. All work conducted by
said representatives shall be done in accordance with the minimum State
Standards as adopted by the Safety Fire Commissioner. |
| (4) |
Duly authorized manufacturers'
representatives while they are acting in their official capacities are exempt
from this chapter. |
| (5) |
Inspections
and maintenance of water-based fire protection systems owned by a firm,
business, or corporation and installed on property under control of the firm,
business, or corporation may be performed by an employee of the firm, business,
or corporation if annual inspection and maintenance of the water-based system
are performed by a current certificate of competency holder or inspector as
defined in this chapter. Said employees are exempt from the license
requirements specified in Code Section
25-11-6. |
The Commissioner may promulgate such rules and regulations as
he or she deems necessary to carry out the provisions of this chapter. The
Commissioner may also prescribe the forms required for the administration of
this chapter.
| (1) |
The
installation or repair of any underground facilities or piping which connects
to and furnishes water for the water-based fire protection system shall be
performed only by a licensed utility contractor, fire protection sprinkler
contractor, or licensed plumber in accordance with the minimum fire safety
standards adopted by the Commissioner. The installing contractor shall be
responsible for the installation of proper underground facilities and piping
which provide an adequate flow of water from the fire protection water supply
to the water-based fire protection system. |
| (2) |
Evidence of inspection shall be given to
the owner or his or her representative in the form of a letter indicating the
inspector or certificate of competency holder and the license number or
certificate number. |
| (3) |
Before any
local building official shall issue any license or building permit which
authorizes the construction of any building or structure containing a
water-based fire protection system, such local official shall require a copy of
a valid fire protection sprinkler contractor license from the fire protection
sprinkler contractor. The fire protection sprinkler contractor shall be
required to pay any fees normally imposed for local licenses or permits, but
the local official shall impose no requirements on the fire protection
sprinkler contractor to prove competency other than proper evidence of a valid
certificate of competency, as issued by the Commissioner. |
| (4) |
Nothing in this chapter limits the power
of a municipality, county, or the state to require the submission and approval
of plans and specifications or to regulate the quality and character of work
performed by contractors through a system of permits, fees, and inspections
otherwise authorized by law for the protection of the public health and
safety. |
This chapter shall also apply to any fire protection
sprinkler contractor performing work for the state or any municipality, county,
or other political subdivision. Officials of the state or any municipality,
county, or other political subdivision are required to determine compliance
with this chapter before awarding any contracts for the installation, repair,
alteration, addition, maintenance, or inspection of a water-based fire
protection system. A copy of a valid certificate of competency shall accompany
bids tendered for such contracts.
The Commissioner shall be authorized to receive grants for
the administration of this chapter from parties interested in upgrading and
improving the quality of water-based fire protection systems, education of the
public pertaining to water-based fire protection systems, or the upgrading of
fire protection, in general, in the State of Georgia.
| (1) |
Whenever the Commissioner shall have
reason to believe that any individual is or has been engaged in any conduct in
violation of any provisions of this chapter, the Commissioner, his or her
deputy, his or her assistant, or other designated persons may issue and deliver
to the individual an order to cease and desist in such conduct in
violation. |
| (2) |
Violation of any
provision of this chapter or the failure to comply with a cease and desist
order is cause for a revocation of any certificate or license issued by the
Commissioner for a period of no less than six months and no more than five
years. No holder of a certificate or license whose certificate or license has
been revoked by order of the Commissioner shall be entitled to obtain another
certificate or license for the period of revocation from the effective date of
such order. Any order of the Commissioner revoking a certificate or license
shall revoke any certificate or license issued prior to the effective date of
such order. Any final order issued by the Commissioner under this subsection
may be appealed as provided by law. |
| (3) |
Any person who violates this chapter or
any rule, regulation, or order issued by the Commissioner under this chapter
shall be subject to a civil penalty imposed by the Commissioner of not more
than $1,000.00 for a first offense, not less than $1,000.00 and not more than
$2,000.00 for a second offense, and not less than $2,000.00 or more than
$5,000.00 for a third or subsequent offense for each day a violation persists
after such person is notified of the Commissioner's intent to impose such
penalty and the right to a hearing with respect to same. |
| (4) |
Any order shall contain or be accompanied
by a notice of opportunity for hearing which may provide that a hearing will be
held if and only if a person subject to the order requests a hearing within ten
days of receipt of the order and notice. The order and notice shall be served
by delivery by the Commissioner or his or her agent or by registered or
certified mail, return receipt requested. Any person who fails to comply with
any order under this subsection is guilty of a misdemeanor and may be punished
by law. |
In addition to the grounds set forth in Official Code of
Georgia Section
25-11-16, it shall be cause for
revocation or suspension of any certificate or license issued by the
Commissioner if it is determined that the holder has done any one of the
following:
| (a) |
Rendered inoperative a
water-based fire protection system covered by this chapter, except during a
reasonable time during which the system is being repaired, altered, added to,
maintained, or inspected; |
| (b) |
Falsified any record required to be maintained by this chapter or rules or
regulations adopted pursuant to this chapter or current fire codes enforced by
the Commissioner; |
| (c) |
Improperly
installed, repaired, serviced, modified, altered, inspected, or tested a
water-based fire protection system; |
| (d) |
While holding a certificate or license,
allowed another person to use the holder's license or certificate or the
holder's license or certificate number; |
| (e) |
While holding a certificate or license,
used a certificate or licence or certificate number or license number other
than his or her own valid certificate or license or certificate number or
license number; |
| (f) |
Used
credentials, methods, means, or practices to impersonate a representative of
the Commissioner or the state fire marshal or any local fire chief, fire
marshal, or other fire authority having jurisdiction; |
| (g) |
Failed to maintain the minimum insurance
coverage as set forth in this chapter; or |
| (h) |
Failed to maintain the minimum
requirements to obtain a certificate of competency or other licenses. |
The failure to renew a certificate or license by the
expiration date as set forth in this chapter will cause the certificate or
license to become inoperative. A certificate or license which is inoperative
because of the failure to renew, shall be restored upon payment of all
applicable fees plus a penalty of not more than $250.00 if said fees are paid
within ninety days of expiration. After a certificate or license has been
inoperative for a period of greater than ninety days because of a failure to
renew, no new certificate or license shall be issued unless an initial
application is made.
Upon receipt of a sworn affidavit stating all relevant facts
and circumstances and such other information as may be required, the State Fire
Marshal may recommend to the Georgia Safety Fire Commissioner that specific
requirements of this Chapter and the codes and standards adopted herein be
modified to allow alternative arrangements that will secure as nearly
equivalent measures as practical for the prevention of injury to persons and
property. The Georgia Safety Fire Commissioner in his or her discretion may
accept the State Fire Marshal's recommendation and grant the requested
modification.
| (1) |
The National
Fire Protection Association Standards adopted in this Chapter are on file in
the Office of the State Fire Marshal and are available for viewing. |
| (2) |
Copies of the National Fire Protection
Association Standards may be obtained from the National Fire Protection
Association. |
If any Rule or portion thereof contained in this Chapter is
held invalid by a court of competent jurisdiction, the remainder of the Rule
herein and the applicability of such provisions to other circumstances shall
not be affected thereby.
