Ga. Comp. R. & Regs. R. 120-3-12-.02 - Administration
(1) It is
prohibited for any person to manufacture, sell, store, transport, possess, or
use anhydrous ammonia, except in conformance with these rules and
regulations.
(2) Requirements for
Permit:
(a) It is prohibited for any person
to manufacture, sell, store, transport, or store for transportation or sale,
anhydrous ammonia in the State of Georgia except by authority of a written
permit issued by the State Fire Marshal in conformance with these rules and
regulations, provided that no person operating under an Interstate Commerce
Commission, Department of Transportation or Georgia Public Service Commission
permit, and in accordance with the requirement of those agencies, shall be
required to obtain a permit from the State Fire Marshal for transportation or
storage for transportation of anhydrous ammonia.
(b) Application for Permit:
1. The applicant for a permit required by
these rules and regulations shall, at his own expense, furnish in writing such
information as the State Fire Marshal may require concerning the purpose for
which the permit is requested.
2.
Pursuant to O.C.G.A. Section
25-2-4.1, the application for a
permit shall be accompanied by the mandatory permit fee, payable to the Safety
Fire Commissioner.
3. Submission of
Plans:
(i) Complete plans and specification
for all systems involving the storage of over 2,000 water gallons of anhydrous
ammonia shall be submitted in duplicate to and receive approval by the State
Fire Marshal before installation is started. Such plans shall be drawn to scale
and be of sufficient detail and clarity as necessary to indicate the nature and
character of the proposed system and its compliance with this Chapter. One copy
of the plans shall be retained by the State Fire Marshal and one copy shall be
returned to the applicant with the approval or disapproval indicated thereon. A
copy of the approved plans shall be kept available at the construction site for
inspection by authorized representatives of the State Fire Marshal. Pursuant to
O.C.G.A. Section
25-2-4.1, the plans shall be
accompanied by the mandatory plan review fee, payable to the Safety Fire
Commissioner. Pursuant to O.C.G.A. Section
25-2-16, the plans shall bear the
seal and Georgia registration number of the drafting architect or engineer or
shall otherwise have the approval of the Safety Fire Commissioner or his
designee.
(ii) For all other
systems which require a permit but which involve the storage of 2,000 water
gallons or less of anhydrous ammonia, a final inspection shall be obtained from
the State Fire Marshal before the permit can be
issued.
(3) Records:
(a) All persons required by these rules and
regulations to obtain a permit shall keep an accurate record of each sale or
delivery. Such records shall be in clear, legible writing showing the name and
address of purchasers, the quantity purchased, and the location of the
operation at which said anhydrous ammonia is to be used, stored or delivered.
Such records shall be kept by such person, firm or corporation in its principal
place of business in this State. These records shall be subject to examination
by the State Fire Marshal and/or his authorized assistants. The State Fire
Marshal and/or his authorized assistants may at any time require any person,
firm or corporation to produce such records for the current calendar year and
the immediate preceding full calendar year.
(4) Miscellaneous Provisions:
(a) It is prohibited for any person to
introduce anhydrous ammonia into any container which does not meet the
standards of these rules and regulations.
(b) It is prohibited for any person, firm or
corporation to sell, deliver or otherwise convey anhydrous ammonia to any
person, firm or corporation not equipped to handle or store same in conformance
with the requirements of these regulations.
(c) It shall be prohibited for any person,
firm or corporation to introduce anhydrous ammonia into a tank or container
which has previously contained liquefied petroleum gas without written
permission from the State Fire Marshal.
(5) Revocation of Permit:
(a) The State Fire Marshal may revoke a
permit or approval issued under the provisions of the law or regulations in the
event there has been any false statement or misrepresentation as to material
fact in the application upon which the permit or approval was based.
(b) The permit may be revoked for cause after
notice and hearing provided in accordance with Rules 120-3-2-.02 of the Rules
of the Safety Fire Commissioner; provided, however, that the Safety Fire
Commissioner may revoke any license prior to notice and hearing if he
determines, upon recommendation of the State Fire Marshal, that the situation
involves an imminent peril to the public health, safety, and welfare and that
the situation therefore require emergency action. An emergency revocation shall
contain reasons and findings for the determination, and shall be accompanied by
a notice of opportunity for a hearing, which may provide that a hearing will be
held if and only if the aggrieved person requests a hearing within ten (10)
days of receipt of the revocation and notice.
Notes
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