Making Available Dynamite Caps or Like Devices to Minors; Criminal and Civil Penalties

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  1. Any person, firm, or corporation who sells, gives, or otherwise makes available any dynamite cap or other similar device to a minor shall be guilty of a misdemeanor.
  2. In addition to the punishment provided in subsection (a) of this Code section, the license or permit to engage in the business of dealing in or to sell explosives of any person, firm, or corporation convicted of violating subsection (a) of this Code section shall automatically stand revoked and shall be null and void.

(Ga. L. 1958, p. 306, §§ 1, 2.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 31A Am. Jur. 2d, Explosions and Explosives, §§ 67 et seq., 112 et seq.

C.J.S.

- 35 C.J.S., Explosives, § 95 et seq., 95 et seq. 53 C.J.S., Licenses, § 82 et seq.

CHAPTER 2 REGULATION OF FIRE AND OTHER HAZARDS TO PERSONS AND PROPERTY GENERALLY

Sec.

  • 25-2-1. "Commissioner" defined.
  • 25-2-2. Safety Fire Commissioner - Office created.
  • 25-2-3. Safety Fire Commissioner - Duties and responsibilities generally; delegation of powers.
  • 25-2-4. Safety Fire Commissioner - Adoption of rules and regulations.
  • 25-2-4.1. Safety Fire Commissioner - Fees and charges.
  • 25-2-5. State fire marshal - Appointment; qualifications; salary.
  • 25-2-6. State fire marshal; head of Safety Fire Division.
  • 25-2-7. Appointment process of deputy state fire marshal and other personnel.
  • 25-2-8. Payment of transportation, etc., expenses of employees in state fire marshal's office.
  • 25-2-9. Authority of fire marshal and employees to investigate cause and origin of fires; power to arrest.
  • 25-2-10. Appeal from rulings of state fire marshal to Commissioner; appeal from Commissioner to superior court; bond.
  • 25-2-11. Local inspections - Duty of cities and counties generally; assistance of cities and counties by state fire marshal [Repealed].
  • 25-2-12. Adoption of state fire safety standards and enforcement; investigations; excuse from compliance with standards; interpretation of standards and granting variances therefrom by Commissioner.
  • 25-2-12.1. Deputizing of local fire marshals, deputy local fire marshals, and state inspectors as state officers; qualification of applicants; duty to notify state fire marshal of employment status change; removal.
  • 25-2-13. Buildings presenting special hazards to persons or property; requirements; effect of rules, regulations, and fire safety standards issued before April 1, 1968; power of local governing authorities.
  • 25-2-14. Buildings presenting special hazards to persons or property - Requirement and issuance of building permits and certificates of occupancy; fees; employment of private professional providers to perform building plan reviews.
  • 25-2-14.1. Buildings presenting special hazards to persons or property - Compliance of existing and proposed buildings and structures with minimum fire safety standards.
  • 25-2-14.2. Authority of state fire marshal or other officials to deny permit or certificate of occupancy, or issue stop-work order for regulatory noncompliance.
  • 25-2-15. Buildings presenting special hazards to persons or property - Issuance of temporary occupancy permits; time limits for compliance with chapter.
  • 25-2-16. Regulation of the storage, transportation, and handling of hazardous materials; use of hold-open latches at self-service gasoline stations; plans for bulk storage facilities.
  • 25-2-17. Regulation of explosives.
  • 25-2-18. Exemption of public buildings from fees or licenses; waiver for churches and charities.
  • 25-2-19. Regulation of fire hazards in hotels, apartment houses, department stores, warehouses, and public places.
  • 25-2-20. Licensing of traveling carnivals, circuses, and other exhibits.
  • 25-2-21. Investigation on complaint of dangerous building appurtenances; effect of failure to remove or repair after notice [Repealed].
  • 25-2-22. Right of Commissioner and other authorized officials to enter and inspect buildings and premises.
  • 25-2-22.1. Inspection warrants.
  • 25-2-23. Issuance of notice to correct unsafe conditions.
  • 25-2-24. Filing of petition for court order compelling compliance with notice.
  • 25-2-25. Remedy of unsafe conditions by city or county upon failure to comply with court order; liability for expenses generally; issuance of fi. fa. against owner of property for expense incurred.
  • 25-2-26. Final authority for ordering enforcement of Code Sections 25-2-22 through 25-2-25.
  • 25-2-27. Procedure for investigation of suspected arson - Taking of testimony; arrest of suspect; furnishing of information to district attorney.
  • 25-2-28. Procedure for investigation of suspected arson - Issuance of subpoenas to compel attendance of witnesses or production of documents; administration of oaths; issuance of court order compelling compliance.
  • 25-2-29. Hearing procedure.
  • 25-2-30. Duty of state fire marshal as to promotion of fire prevention and life safety generally.
  • 25-2-31. Dissemination of fire prevention information by state fire marshal generally; fire prevention programs in schools; cooperation with state fire marshal by local authorities.
  • 25-2-32. Maintenance of records of fire losses; reports of losses by insurance companies; reports of fires.
  • 25-2-32.1. Reports to Safety Fire Division of serious burn injuries.
  • 25-2-32.2. Investigation of burn injuries reported pursuant to Code Section 25-2-32.1
  • 25-2-33. Release of fire loss information by insurers on request by state or local official; immunity for furnishing of information; confidentiality of information received; testimony by officials in action against insurer.
  • 25-2-33.1. Reports of arson and suspected arson to state fire marshal and insurers; notification of payment of claim as to which report filed.
  • 25-2-34. Cooperation with Commissioner, deputies and inspectors by Department of Public Safety and Georgia State Patrol.
  • 25-2-35. Payment of sheriffs and other peace officers for assistance in determining causes of fires, etc.
  • 25-2-36. Remedies for violations of provisions of chapter and rules, regulations, or orders of Commissioner - Injunctive relief.
  • 25-2-37. Locking exit doors; construction of building without approval of plans; civil penalties for violation of chapter or rules.
  • 25-2-38. Remedies for violations of provisions of chapter and rules, regulations, or orders of Commissioner - Criminal penalty.
  • 25-2-38.1. Sovereign immunity; effect of this chapter on legal duties of property owners and lessees.
  • 25-2-39. Construction of chapter.
  • 25-2-40. Smoke detectors required in new dwellings and dwelling units; exceptions.
  • 25-2-41. Use of class B fire-fighting foam.
Administrative Rules and Regulations.

- Organization, practice and procedures of the Safety Fire Commissioner, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Safety Fire Commissioner, Chapter 120-3-2 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Amendment by implication.

- Although Ga. L. 1973, p. 890 (see now O.C.G.A. Title 42, Chapter 4, Article 2) deals, in part, with the same subject matter as Ga. L. 1949, p. 1057 (see now O.C.G.A. Title 25, Chapter 2), i.e., fire safety standards for certain jails, the legislature, in enacting Ga. L. 1973, p. 890 (see now O.C.G.A. Title 42, Chapter 4, Article 2), did not intend to impliedly amend Ga. L. 1949, p. 1057 (see now O.C.G.A. Title 25, Chapter 2) and such construction is not necessary for a reasonable interpretation of Ga. L. 1973, p. 890 (see now O.C.G.A. Title 42, Chapter 4, Article 2). 1980 Op. Att'y Gen. No. 80-66.

RESEARCH REFERENCES

Negligent Fire Inspection by City or State Employee, 22 POF2d 55.


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