06 LC
35 0032
Senate
Bill 495
By:
Senators Mullis of the 53rd and Shafer of the 48th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating
to regulation of fire and other hazards to persons and property generally, so as
to provide an increase in fees and charges and provide a fee for blaster
certification cards; to require a license prior to conducting blast hole
drilling; to amend Chapter 8 of Title 25 of the Official Code of Georgia
Annotated, relating to regulation of blasting operations generally, so as to
provide additional definitions; to require a license for blast hole drilling; to
require liability insurance for licensed blasters; to provide for related
matters; to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation
of fire and other hazards to persons and property generally, is amended by
striking Code Section 25-2-4.1, relating to the Safety Fire Commissioner and
fees and charges, in its entirety and inserting in its place a new Code Section
25-2-4.1 to read as follows:
∀25-2-4.1.
(a)
The Commissioner is authorized to assess and collect, and persons so assessed
shall pay in advance to the Commissioner, fees and charges under this chapter as
follows:
|
(1)
New anhydrous ammonia permit for storage in bulk (more than 2,000 gallons
aggregate capacity) for sale or distribution one-time fee
|
$
100.00
|
|
(2)
Annual license for manufacture of explosives other than fireworks
|
100.00
1,000.00
|
|
(3)
Annual license for manufacture, storage, or transport of fireworks
|
1,000.00
|
|
(4)
Carnival license
|
100.00
|
|
(5)
Certificate of occupancy
|
100.00
|
|
(6)
Construction plan review:
|
|
|
(A)
Bulk storage construction
|
100.00
|
|
(B)
Building construction, 10,000 square feet or less
|
100.00
|
|
(C)
Building construction, more than 10,000 square feet
|
.015
per
|
|
square
|
|
|
foot
|
|
|
(D)
Other construction
|
100.00
|
|
(7)
Fire sprinkler contractor certificate of competency
|
100.00
|
|
(8)
Liquefied petroleum gas storage license:
|
|
|
(A)
2,000 gallons or less
|
100.00
|
|
(B)
More than 2,000 gallons
|
500.00
|
|
(9)
Building construction inspection:
|
|
|
(A)
80 percent completion, 100 percent completion, annual, and first
follow-up
|
none
|
|
(B)
Second follow-up
|
100.00
|
|
(C)
Third and each subsequent follow-up
|
150.00
|
|
(10)
Purchase, storage, sale, transport, or use of explosives other than
fireworks:
|
|
|
(A)
500 pounds or less
|
50.00
500.00
|
|
(B)
More than 500 pounds
|
100.00
1,000.00
|
|
(C)
Blasters certification
cards...................................................................
|
100.00
|
|
(11)
New self-service gasoline station permit one-time fee
|
100.00
|
|
(12)
New permit to dispense compressed natural gas (CNG) for vehicular fuel one-time
fee
|
100.00
|
|
(13)
Licensed driller (blast hole drilling)
.......................................................
|
250.00
|
(b)
The licenses and permits for which fees or charges are required pursuant to this
Code section shall not be transferable. A new license or permit and fee are
required upon change of
ownership.∀
SECTION
2.
Said
chapter is further amended by striking subsection (d) of Code Section 25-2-17,
relating regulation of explosives, and inserting in its place a new subsection
(d) to read as follows:
∀(d)
No person shall manufacture, transport, use, sell, or store explosives
or conduct
blast hole drilling without having first
obtained a license therefor issued by the Commissioner in accordance with
reasonable rules established by
him
the
Commissioner. The Commissioner is
authorized to make reasonable rules providing for the issuance of such licenses
on an annual basis to those applicants who have observed and may be expected to
observe safety rules lawfully made under this Code section. Graded fees for
such licenses shall be as provided in Code Section 25-2-4.1. The permits for
the use only of explosives may be issued by judges of the probate courts or
other local elected officials whom the Commissioner may designate. Fees for
such permits to use explosives shall be $2.00 for each permit issued, which fee
shall be retained by the issuing local
official.∀
SECTION
3.
Chapter
8 of Title 25 of the Official Code of Georgia Annotated, relating to regulation
of blasting operations generally, is amended by striking Code Section 25-8-2,
relating to definitions, in its entirety and inserting in its place a new Code
Section 25-8-2 to read as follows:
∀25-8-2.
As
used in this chapter, the term:
(1)
'Blaster' or
'blasting contractor' means a person
qualified by reason of training, knowledge, or experience to fire or detonate
explosives in blasting operations and who has in his
or
her possession a valid
blasteŕs
license issued by the Commissioner.
(2)
'Blasting operation' means the use of explosives in the blasting of stone, rock,
ore, or any other natural formation or in any construction or demolition work
but shall not include the use of explosives in agricultural operations and
private and personal use of explosives in remote areas for such operations as
ditching, land clearing, destruction of beaver dams and other such operations
when not in
close proximity to adjacent property
within 750
feet of a roadway or inhabited structure.
This chapter shall not apply to any blasting operation in which the charge
weight is 200 pounds or less.
(3)
'Charge weight' means the total weight in pounds of an explosive
charge.
(4)
'Charge weight per delay' means the weight in pounds of an explosive charge
which is detonated per delay period for delay intervals of eight milliseconds or
greater or the total weight of explosives in pounds which is detonated within an
interval less than eight milliseconds.
(5)
'Commissioner' means the Safety Fire Commissioner.
(6)
'Delay initiation' means the detonation of the subcharge of explosives in
predetermined sequence which is accomplished by using regular or short period
delay electric blasting caps or other means of equivalent
effectiveness.
(7)
'Delay period' means the time interval in milliseconds (eight milliseconds or
greater) between successive detonations of subchargers produced by the delay
devices used.
(8)
'Distance' means the actual distance in feet along ground contour to the nearest
house, public building, school, church, or commercial or institutional building
normally occupied.
(9)
'Explosives' means any chemical compound or other substance or mechanical system
intended for the purpose of producing an explosion or containing oxidizing and
combustible units or other ingredients in such proportions or quantities that
ignition by fire, by friction, by concussion, by percussion, or by detonator may
produce an explosion capable of causing injury to persons or damage to
property.
(10)
'Licensed driller' means a person who through training and experience is
qualified to supervise or conduct blast hole drilling activities and who is
licensed by the Commissioner to perform blast hole drilling and to act as a
blasting contractor.
(10)(11)
'Particle velocity' means the velocity with which an earth particle moves when
vibrating or oscillating in any manner from its position of rest or elastic
equilibrium.
(11)(12)
'Person' means any individual, public or private corporation, political
subdivision, government agency, municipality, industry, partnership,
association, firm, trust, estate, or other entity whatsoever.
(12)(13)
'Scaled distance' or 'Ds' means the actual distance (D) in feet divided by the
square root of the maximum charge weight (W) in pounds that is detonated per
delay period. This means:
Ds
=
D
/
W
Scaled distance =
Actual
distance
/charge
weight per delay
interval∀
SECTION
4.
Said
chapter is further amended by striking Code Section 25-8-6, relating to license
requirement for persons engaged in use of explosives, in its entirety and
inserting in its place a new Code Section 25-8-6 to read as
follows:
∀25-8-6.
(a)
Every person engaged in any use of explosives
or blast hole
drilling regulated by this chapter shall
be licensed in accordance with the provisions of Code Section
25-2-17.
(b)
A blaster, blasting contractor, or licensed driller shall submit to the
Commissioner proof of a valid comprehensive liability insurance policy purchased
from an insurer authorized to do business in Georgia or an insurer otherwise
authorized pursuant to Code Section 33-5-25. Valid insurance, for purposes of
this subsection, shall include coverage for bodily injury, property damage,
product liability, and complete operations and contractual liability coverage.
Blasters and blasting contractors shall provide explosion, collapse, and
underground damage insurance coverage. Proof of valid insurance coverage shall
be submitted to the Commissioner prior to the issuance or renewal of a blasting
license or certification card. The total coverage minimum shall be $1 million
or such other amount as determined by the Commissioner. An insurer providing
coverage for blasters and blasting contractors for the purpose of insuring
blasting operations shall be required to notify the Commissioner in the event of
any change or lapse in such insurance
coverage.∀
SECTION
5.
This
Act shall become effective on July 1, 2006.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.