Ga. Comp. R. & Regs. R. 120-3-22-.04 - Submission of Plans and Licensing of Fireworks Manufacturers
(1) Manufacturing
operations shall be permitted only after a fireworks manufacturer's license has
been issued by the Commissioner in accordance with this rule. A manufacturer's
license shall not exempt the holder thereof from obtaining any other permits or
licenses that may be required by other government agencies.
(2) Application for a fireworks
manufacturer's license shall be made to the Commissioner annually on the form
provided and shall be accompanied by a license fee pursuant to O.C.G.A. Section
25-2-4.1.
(3) Plans for all proposed manufacturing
facilities or modification of any existing manufacturing facilities shall be
submitted to the Commissioner with the fireworks manufacturer's application as
provided in O.C.G.A. Section
25-10-3.
(a) At least two sets of plans for fireworks
manufacturing facilities shall be submitted, drawn to scale, and shall include
a general arrangement layout, location, safety control devices or arrangements,
electrical and ventilation arrangements, construction details, emergency
control arrangements and such other details, information and specifications as
necessary to indicate safe operations.
(b) The plans shall bear the seal and Georgia
registration number of the drafting architect or engineer or shall otherwise
have the approval of the Commissioner or his designee.
(c) 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
Commissioner.
(d) One set of plans
shall be retained by the Commissioner and one copy shall be returned to the
applicant with 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 Commissioner.
(e) Construction shall not commence until the
plans have been approved and returned to the applicant.
(4) Upon receipt of a fireworks
manufacturer's license application, the Commissioner shall direct his
authorized representative to inspect the facility. If the authorized
representative determines that all requirements for the manufacturing of
fireworks contained in this Chapter have been satisfied, he may recommend that
the license be processed.
(5) Upon
receipt of the inspection report, the Commissioner shall examine the
application and inspection report. If all requirements contained in this
Chapter have been satisfied, he shall issue a fireworks manufacturer's license
that shall be posted by the applicant in a conspicuous location on the
premises. The manufacturer's license is nontransferable and shall expire on
December 31 of each year or upon a change in the name, ownership or location of
the facility. The current license number shall be recorded on all invoices,
shipments, and similar transactions. The license authorizes the manufacture of
any fireworks not prohibited by Congress or any federal agency; the possession,
transportation, and storage of any such fireworks by any manufacturer thereof;
the possession, transportation, or distribution of any such fireworks to a
distributor located outside the State; the sale of such fireworks by any such
manufacturer to a distributor located outside this State; or the possession and
transportation of such fireworks by any manufacturer or contractor or common
carrier from the point of manufacture within this State to any point outside
this State.
(6) A fireworks
manufacturer's license may be revoked for cause after notice and hearing
provided in accordance with Rule 120-3-2-.02 of the Rules of Safety Fire
Commissioner; provided, however, that the Commissioner may revoke any license
prior to notice and hearing if he determines that the situation involves an
imminent peril to the public health, safety and welfare and that the situation
therefore requires 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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