The Commissioner shall adopt such rules and regulations as he deems necessary to promote the enforcement of this chapter. Such rules and regulations shall have the force and effect of law and shall have state-wide application as being the state minimum fire safety standards and shall not require adoption by a municipality or county. The governing authority of any municipality or county in this state is authorized to enforce the state minimum fire safety standards on all buildings and structures except one-family and two-family dwellings and those buildings and structures listed in Code Section 25-2-13.All other applications of the state minimum fire safety standards and fees are specified in Code Sections 25-2-4.1, 25-2-12, and 25-2-12.1.Before the Commissioner shall adopt as a part of his rules and regulations for the enforcement of this chapter any of the principles of the various codes referred to in this chapter, he shall first consider and approve them as reasonably suitable for the enforcement of this chapter. Not less than 15 days before any rules and regulations are promulgated, a public hearing shall be held. Notice of the hearing shall be advertised in a newspaper of general circulation.
(Ga. L. 1949, p. 1057, § 3; Ga. L. 1992, p. 2186, § 1.)
Cross references.- Complying with filing and hearing requirements by Safety Fire Commissioner and Commissioner of Insurance, § 50-13-21.
Administrative Rules and Regulations.- Rules of Practice and Procedure, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Chapter 120-3-2.
Rules and Regulations for the State Minimum Fire Safety Standards, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Chapter 130-3-3.
JUDICIAL DECISIONS
Failure to comply with safety standards.
- Rules and regulations of the Safety Fire Commissioner, having the force and effect of law, were applicable to the landlord of an apartment building and the landlord's failure to comply with mandatory safety provisions of a fire or building exit code provided a clear and convincing evidentiary basis for an award of punitive damages. Windermere v. Bettes, 211 Ga. App. 177, 438 S.E.2d 406 (1993).
Cited in Douglas v. Smith, 578 F.2d 1169 (5th Cir. 1978); Sadler v. Winn-Dixie Stores, Inc., 152 Ga. App. 763, 264 S.E.2d 291 (1979).
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, § 1 et seq. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 64.
C.J.S.- 67 C.J.S., Officers and Public Employees, § 1 et seq. 81A C.J.S., States, §§ 158 et seq., 230.