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

Ga. Comp. R. & Regs. R. 120-3-10-.05
O.C.G.A. ยงยง 25-2-4, 25-2-17, 25-8-9.
Original Rule entitled "Standards for Manufacturer, Storage, Transportation, Handling and Use of Explosives and Blasting Agents"adopted. F. Jan. 29, 1968; eff. Apr. 1, 1968, as specified by the Agency. Repealed: New Rule of same title adopted. F. June 3, 1987; eff. June 25, 1987, as specified by the Agency. Amended: F. Nov. 16, 1992; eff. Dec. 6, 1992. Repealed: New Rule of same title adopted. F. July 9, 1998; eff. July 29, 1998. Repealed: New Rule of same title adopted. F. Apr. 17, 2002; eff. May 7, 2002. Amended: ER. 120-3-10-0.4-.05 adopted. F. and eff. Feb. 17, 2006. Amended: ER. 120-3-10-0.5-.05 adopted. F. and eff. June 8, 2006. Amended: Permanent Rule entitled "Special Provisions"adopted. F. Nov. 1, 2006; eff. Nov. 21, 2006. Amended: F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.

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