Current through Rules and Regulations filed through March 20, 2024
(1) The violation of any provision of Chapter
12 of Title 25 of the Official Code of Georgia, this Chapter or any other rule
or regulation adopted and promulgated pursuant thereto, by any person who
possesses a license or permit is cause for revocation or suspension of such
licenses or permit by the Commissioner.
(2) It shall be unlawful for any firm or
individual to install, inspect, recharge, repair, service, or test a portable
fire extinguisher, as defined by these rules and regulations in this state
except in conformity with the provisions of Chapter 12 of Title 25 of the
Official Code of Georgia, this Chapter, any current fire code or standard
enforced by the Commissioner or regulation adopted and promulgated pursuant
thereto,
(a) It shall be unlawful for any firm
or individual to install, inspect, recharge, repair, service, or test a
portable fire extinguisher in which the individual technician or firm is not
properly licensed or permitted. Every licensee or permittee must be able to
produce a valid license or valid permit, as appropriate, upon demand of the
Commissioner or his representative or by any local authority having
jurisdiction for fire protection or prevention or by any person for whom the
licensee or permittee solicits to perform any of the activities covered by this
Chapter.
(b) It shall be unlawful
for any firm or individual to install, inspect, recharge, repair, service or
test any portable fire extinguisher without attaching the required tag or tags
as required by these this Chapter.
(c) It shall be unlawful for any individual
not to complete the required tag or tags in detail, including the actual month,
day and year the work was performed on the portable fire
extinguisher.
(3) It
shall be unlawful for any firm or individual to install, inspect, recharge,
repair, service, or test any fire suppression system, as defined by these rules
and regulations in this state except in conformity with the provisions of
Chapter 12 of Title 25 of the Official Code of Georgia, this Chapter, any
current fire code or standard enforced by the Commissioner or any other rule or
regulation adopted and promulgated pursuant thereto,
(a) It shall be unlawful for any firm or
individual to install, alter, inspect, recharge, repair, service, or test a
fire suppression system in which the individual technician or firm is not
properly licensed or permitted. Every licensee or permittee must be able to
produce a valid license or valid permit, as appropriate, upon demand of the
Commissioner or his representative or by any local authority having
jurisdiction for fire protection or prevention or by any person for whom the
licensee or permittee solicits to perform any of the activities covered by this
Chapter.
(b) It shall be unlawful
for any firm or individual to install, alter, inspect, recharge, repair,
service or test any fire suppression system without attaching the required tag
or tags as required by this Chapter.
(c) It shall be unlawful for any individual
not to complete the required tag or tags in detail, including the actual month,
day and year the work was performed on the fire protection system.
(4) It shall be unlawful for any
firm or individual to use a tag not meeting the specifications set forth in
this Chapter under Rule
120-3-23-.14.
(5) It shall be unlawful for any firm or
individual to use credentials, methods, means, or practices to impersonate a
representative of another competing firm.
(6) It shall be unlawful for any firm or
individual to fail to maintain the minimum comprehensive liability insurance
coverage as set forth in paragraph (3) of section
25-12-11 of Chapter 12 of Title 25
of the Official Code of Georgia and in this Chapter.
(7) It shall be unlawful for any firm or
individual to falsify any record required to be maintained by Chapter 12 of
Title 25 of the Official Code of Georgia, NFPA code or standard or this
Chapter.
(8) It shall be unlawful
for any individual with a provisional permit to install, inspect, recharge,
repair, service or test a fire suppression system s or portable fire
extinguisher s without the direct and immediate supervision of a person whom is
properly permitted by the Commissioner to install, inspect, recharge, repair,
service or test such fire suppression system or portable fire
extinguisher.
(9) In addition to
the grounds set forth above in paragraphs (1) through (8), it is specific cause
for revocation or suspension of an individual's license by the Commissioner if
he determines that an individual who works for the licensee has:
(a) Improperly installed, recharged,
repaired, serviced, or tested a portable fire extinguisher;
(b) Rendered inoperative a portable fire
extinguisher covered by these rules and regulations, except during a reasonable
time the portable fire extinguisher is being inspected, recharged, repaired,
serviced, or tested;
(c) Improperly
installed, added to, altered, recharged, repaired, maintained, serviced, or
tested a fire suppression system;
(d) Rendered inoperative a fire suppression
system covered by these rules and regulations, except during a reasonable time
the fire suppression system is being installed, altered, recharged, repaired,
maintained, serviced, or tested;
(e) Falsified any record required to be
maintained by any provision of Chapter 12 of Title 25 of the Official Code of
Georgia, this Chapter, current fire code or standard enforced by the
Commissioner or any other rule or regulation s promulgated pursuant
thereto;
(f) While holding a permit
or license, allowed another person to use the permit or license, permit number
or license number, used a license or permit, or used a license number or permit
number other than his/her own valid license or permit or license number or
permit number;
(g) Used or
permitted the use of any license or license number by an individual or
organization other than his/her own valid license or license number;
(h) Used or permitted the use of any permit
or permit number by an individual or organization other than his/her own valid
permit or permit number;
(i) Used
credentials, methods, means, or practices to impersonate a representative of
the Commissioner or the State Fire Marshal or any other local fire chief, fire
marshal, or other fire authority having jurisdiction;
(j) Failed to maintain the minimum
comprehensive liability insurance coverage as set forth in paragraph (3) of
section 25-12-11 of Chapter 12 of Title 25
of the Official Code of Georgia and in these rules and regulations.
(k) Failed to maintain the minimum
requirements to obtain a license.
(l) Engaged in the business of installing,
inspecting, recharging, repairing, servicing, or testing portable fire
extinguishers or fire suppression systems except in conformity with the
provisions of Chapter 12 of Title 25 of the Official Code of Georgia and this
Chapter.
(10) In
addition to the grounds set forth above in paragraphs (1) through (8), it is
specific cause for revocation or suspension of an individual's permit by the
Commissioner, if he/she determines that the permit holder has:
(a) Improperly installed, recharged,
repaired, serviced, or tested a portable fire extinguisher;
(b) Rendered inoperative a portable fire
extinguisher covered by these rules and regulations, except during a reasonable
time the portable fire extinguisher is being inspected, recharged, repaired,
serviced, or tested;
(c) Improperly
installed, altered, recharged, repaired, maintained, serviced, or tested a fire
suppression system;
(d) Rendered
inoperative a fire suppression system covered by these rules and regulations,
except during a reasonable time the fire suppression system is being installed,
altered, recharged, repaired, maintained, serviced, or tested;
(e) Falsified any record required to be
maintained by Chapter 12 of Title 25 of the Official Code of Georgia, this
Chapter, current fire code or standard enforced by the Commissioner or any
other rule or regulation;
(f) While
holding a permit or license, allowed another person to use the permit or
license, permit number or license number, used a license or permit, or used a
license number or permit number other than his/her own valid license or permit
or license number or permit number;
(g) Used or permitted the use of any license
or license number by an individual or organization other than his/her own valid
license or license number;
(h) Used
or permitted the use of any permit or permit number by an individual or
organization other than his/her own valid permit or permit number;
(i) Used any credential(s), method(s), means,
or practice(s) to impersonate a representative of the Commissioner or State
Fire Marshal or any local fire chief, fire marshal, or other fire
authority;
(j) Failed to maintain
the minimum requirements to obtain a permit.
(k) Engaged in the business of installing,
inspecting, recharging, repairing, servicing, or testing portable fire
extinguishers or fire suppression systems except in conformity with the
provisions of Chapter 12 of Title 25 of the Official Code of Georgia and this
Chapter.
(11) Any
person, firm or corporation shall be guilty of a misdemeanor if or when they
willfully or intentionally:
(a) Violate any
provision of Chapter 12 of Title 25 of the Official Code of Georgia, this
Chapter, current fire code or standard enforced by the Commissioner or any
order, rule, or regulation of the Commissioner promulgated pursuant
thereto;
(b) Obliterate the serial
number on a fire suppression system or portable fire extinguisher for the
purpose of falsifying service records;
(c) Improperly install, recharge, repair,
service, or test any such fire suppression system or any such portable fire
extinguisher;
(d) Allow another
person to use their permit, license, permit number or license number;
(e) Use or permitted the use of any license,
permit, license number or permit number by an individual or organization other
than his/her own valid license or permit or license number or permit
number;
(f) Use or permitted the
use of any license, permit, license number or permit number by an individual or
organization other than the one to whom the license is issued;
(g) Use any credential(s), method(s),
mean(s), or practice(s) to impersonate a representative of the Commissioner or
State Fire Marshal or any local fire chief, fire marshal, or other fire
authority; or
(h) Engage in the
business of installing, inspecting, recharging, repairing, servicing, or
testing portable fire extinguishers or fire suppression systems except in
conformity with the provisions of Chapter 12 of Title 25 of the Official Code
of Georgia and this Chapter.
O.C.G.A. Secs.
25-2-17,
25-2-18,
25-12-15,
25-12-19,
33-2-9,
50-13-21.
