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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